ECAJ lodges misconduct complaint against Sydney lawyers over antisemitic slurs

Australia’s peak Jewish organisation has lodged a formal complaint of professional misconduct against former BlackBay Lawyers partners Justin Carroll and Yianni van Gelder, following revelations of shocking antisemitic WhatsApp messages between the pair.

The Executive Council of Australian Jewry (ECAJ) has asked the NSW Legal Services Commissioner to investigate whether the two Sydney lawyers’ conduct breached professional standards and brought the legal profession into disrepute.

The messages, first revealed by “The Australian” newspaper, include repeated use of Holocaust denial and antisemitic tropes. Carroll and van Gelder mocked the “Schlomo-caust” and the “Holohoax,” claimed that Jews fabricate antisemitism, and described Zionists as “the closest thing we have to Nazis.” Van Gelder also wrote that Judaism “basically tells them to harm children.” The ECAJ said this was “a classic example of the blood libel trope,” referring to the false medieval accusation that Jews murdered children to use their blood in rituals.

“These tropes are well-documented and recognised,” the ECAJ wrote in its submission. “While they shift to incorporate the circumstances of each new era, they prove remarkably stubborn and adaptable.” The organisation, led by president Daniel Aghion KC and co-CEOs Peter Wertheim and Alex Ryvchin, said the WhatsApp messages were “performative,” “dehumanising,” and “insulting.” It argued that the conduct raised serious questions about the pair’s fitness to practise law.

ECAJ acknowledged that the messages were intended to be private but said their publication revealed a “normalisation of their own antisemitic prejudices to the extent that they felt comfortable sharing them with their professional colleagues and discussing their Jewish client in a deeply offensive way.”

The complaint argues that Carroll and van Gelder’s behaviour violated the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules. In particular, it says the conduct was “likely to bring the profession into disrepute” and may amount to unlawful discrimination. ECAJ has urged the NSW Civil and Administrative Tribunal to consider disciplinary action, including suspension, restriction, or striking the lawyers off the Roll.

Both men were sacked from BlackBay Lawyers in February for “serious misconduct,” although the firm was not aware of the antisemitic content at the time. The leaked messages also showed that the two had plotted to extract confidential firm data under the codename “Operation Barbarossa,” a reference to the Nazi invasion of the Soviet Union.

Carroll now runs a solo firm under the name Carroll Lawyers. The previously registered domain for “Carroll van Gelder Lawyers” has been deactivated. Van Gelder faces five domestic violence charges, including choking and assault causing actual bodily harm. His practising certificate has been restricted until the charges are resolved in court.

Carroll told “The Australian” that the WhatsApp messages were confidential and said he intended to take legal action against the newspaper. “The material has been improperly taken from me,” he said. He declined to respond to questions about the antisemitic statements.

Van Gelder told the newspaper the comments came from a private conversation and were “taken out of context.” He added: “I am sorry they have been published and have caused hurt and concern. They do not reflect my views or feelings.”

ECAJ rejected attempts to minimise the remarks. It said the comments “deliberately and explicitly call into question the veracity of any allegations of attacks against Jews, including the Holocaust.”

It further argued that the lawyers’ conduct “was likely to diminish trust and confidence in the profession and was thus likely to a material degree, to bring the profession into disrepute.”

The complaint also warned that the messages created “an apprehension of discrimination” against Jewish clients and colleagues.

The case has sparked widespread condemnation and comes amid a national Senate inquiry into rising antisemitism in Australia. The outcome of the investigation will be closely watched, raising urgent questions about ethics, prejudice, and accountability within the legal profession.