Australian trial lawyer makes fun of pronouns

A NSW silk who said his preferred pronouns are “HeHaw HeHaw Ha Ha Ha” and questioned the use of gender-neutral titles in court has been sacked as the chair of one of the state Bar’s central committees.

Lindsay Ellison SC, who has practised as a barrister for nearly 40 years, was stood down by NSW Bar Association president Ruth Higgins SC this month, after she received complaints about his conduct while chairing a meeting of the Succession and Protective Law Committee in late April.

The Australian understands that during the meeting, Mr Ellison questioned the use of the term “Mx” – a title used by non-binary people – which was used in a ­practice note written by NSW ­Supreme Court Chief Justice ­Andrew Bell about the proper way to ­address a party in court.

Mr Ellison was called to the Bar in 1985, and has been named a “market leader” in wills and estates practice for the past four years by the Doyles Guide. He became the inaugural chair of the Succession and Protective Law Committee in 2021.

Chief Justice Bell’s practice note, which instructs lawyers to “advise the court, where appropriate, of … forms of address such as Ms, Mr, Mrs, Mx, Dr, Prof”, was brought up in a committee meeting chaired by Mr Ellison last month. After he questioned the use of the term “Mx” in the meeting, he received a phone call from NSW Bar Association president Ruth Higgins, who counselled him over “the tone and content” of his comments regarding the practice note after the meeting.

Dr Higgins had also been made aware Mr Ellison listed his personal pronouns as “HeHaw HeHaw Ha Ha Ha” in his blurb on his personal page hosted on the Wardell Chambers website.

During the phone call, Dr Higgins reminded Mr Ellison about the Bar Association’s LGBTQI “Principles of Inclusiveness”, saying that “inclusive language includes respect for the pronouns individuals wish to use within the workplace and a consciousness to not misgender people”.

Mr Ellison agreed to stand down as committee chair, considering he was planning to retire in two months time.

However, he reneged on that decision shortly after, telling Dr Higgins in an email he wished to see out his tenure for two reasons. “Firstly, I would like to chair the final two ‘Judges Talks’ in late June. These have been a hallmark for the three years of the committee and have been spectacularly successful,” he wrote.

“Secondly, the Supreme Court Practice Note Equity 7 (Succession and Probate List) is being rewritten by the Chief Judge. Over the next two months I believe I can provide guidance and leadership in any contribution the committee may make.

“In those circumstances, the next two months provide an important opportunity to stay rather than go.”

But Dr Higgins did not accept Mr Ellison’s request to remain as chair, instead reminding him of their previous conversation and choosing to remove him from the position.

“I informed you (in the telephone call) that I considered it appropriate that you be replaced as chair; in which connection we discussed Ian Davidson SC taking over as chair and Dr Bennett remaining deputy,” she wrote.

“I indicated that, if that end could be achieved by your resignation, as opposed to your removal and replacement, I was content to proceed in that way. You indicated that you would send your resignation to me and Harriet Ketley the following week.

“In light of your email below, it is necessary for me to exercise my discretion under rule 4 of the Committee Tenure Guidelines to remove you as chair of the committee. I regret that it has been necessary for me to take this step, instead of proceeding as discussed on our call.”

The blurb of Mr Ellison’s Wardell Chambers profile includes a series of jokes, including that he has “no interest in sailing, skiing, golf, cooking or learning a foreign language and does not own a winery”.

“He does not wish to achieve a work/life balance. Lindsay doesn’t smoke. Nor does he drink tea, coffee or alcohol. He eats too much chocolate. He knows nothing about cars or sport. He is one of the least interesting persons you might ever meet,” it reads.

“Lindsay has made over 600 donations to the Red Cross Blood Transfusion Service. He recommends you do the same. His philosophy is that if you draw blood, the least you can do is to give some back.”

https://www.theaustralian.com.au/business/legal-affairs/nsw-barrister-lindsay-ellisons-mx-faux-pas-results-in-dismissal/news-story/0456d06e581ca0d103a00df128347688

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