Sunlight – the best disinfectant: Sext messages and sexual harassment in the legal profession
Published on June 13, 2025 by Martin Slattery and Michael Deegan
Houda v Seraphim NCAT Appeal Panel 30 May 2025
In an important decision of the New South Wales Civil and Administrative Tribunal Appeal Panel, the principle of open justice in sexual harassment cases was re-affirmed.
The Appellant, Adam Houda, had argued that the publication of sexually explicit messages between him and the Respondent, Hana Seraphim, should be limited [1].
And that the hearing of the matter should be held in private; and non-disclosure and non-publication orders be made.
The Tribunal, at first instance, declined to make those orders.
Ms Seraphim alleges that she was sexually harassed, and then victimised, by Houda, during a placement with the law firm of which he is the principal, Lawyers Corp Pty Ltd.
In his application for confidentiality and a closed hearing Houda argued that:
- The sext messages were of a confidential nature [2]
- His daughters would suffer harm if the messages became public.
- There would be harm to his professional reputation and standing.
- There were safety concerns if the matter was considered in open court.
At appeal, Houda argued that the Tribunal had erred in its approach to assessing the ‘desirability’ of making the confidential orders sought.
The Appeal Panel rejected that argument.
The Appeal Panel also rejected the Appellant’s arguments about an error of principle in the Tribunal’s approach to the prominence it placed on the principles of open justice.
Costs in the appeal are to be dealt with separately.
If you need legal advice about sexual harassment in the workplace contact:
Martin Slattery Partner
Tim Grellman Special Counsel
Michael Deegan Lawyer
Please note that this article does not constitute legal advice. If you are seeking professional advice on any legal matters, you can contact Carroll & O’Dea Lawyers on 1800 059 278 or via our Contact Page and one of our lawyers will be able to assist you.
[1] Carroll & O’Dea are representing Hana Seraphim. Nationwide News appeared with leave and supported Ms Seraphim’s submissions. Those submissions were prepared and advocated before the Appeal Panel by Mr Matthew Lewis SC.
[2] Houda had produced the entire history of the sext messages in his defence.
