Child abuse material leads to strike-off for NSW solicitor

Fox, whose career included time at Henry Davis York, MinterEllison, Clayton Utz, and Eakin McCaffery Cox, was convicted in May 2024 of the solicitation and transmission of child abuse material.

Fox was sentenced to a term of 19 months’ imprisonment in May 2024, but the sentence was partially suspended upon his entering into a self-recognisance in the sum of $5,000 without security.

NSW Court of Appeal president Justice Julie Ward, Justice Kristina Stern and Justice Michael Ball said Fox’s conduct is “particularly serious because it creates a demand for child sexual abuse material”.

“The degree of moral turpitude involved in that conduct by a member of the legal profession and its serious consequences has a tendency to bring the profession as a whole into disrepute and undermine the public’s confidence in the moral integrity of the profession,” they said.

Fox’s offending was discovered when members of the Australian Federal Police executed a search warrant at his home in December 2022, where they seized his phone and observed a laptop with two open browser tabs containing fictional stories of child abuse.

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Police also uncovered extensive conversations across WhatsApp and Facebook Messenger, in which Fox solicited child abuse material and occasionally transmitted it in both group and private settings.

Fox was found to have written messages such as “so sexy how young they are” and “please [child pornography] yes love videos”.

The conduct occurred over a period of 11 months up to his arrest and so could not be explained away as a “momentary lapse in judgement”, Justices Ward, Stern and Ball said in their written decision.

Given his offending only came to an end when police uncovered it, the bench said there was “no reason to think” Fox has been rehabilitated or whether it is possible he will ever be rehabilitated “to the point where it would be appropriate for him to be readmitted”.

Fox consented to the removal orders but objected to paying costs, submitting he has assets of about $337,000, receives the age pension of about $1,377.80 per fortnight, and owes a $30,000 tax debt.

He said he currently works as a casual driver, “normally only during holidays”, and collects recyclables from yellow bins.

The court ordered that Fox be given liberty to apply in relation to the question of whether an order should be made for the payment of costs in instalments.

Citation: Prothonotary of the Supreme Court of NSW v Fox [2026] NSWCA 91.

Content warning: Please be aware that the judgment contains further details about child sexual abuse that Lawyers Weekly has chosen not to publish due to the highly distressing nature of it.

For support, contact 1800 RESPECT (1800 737 732), National Sexual Abuse and Redress Support Service 1800 211 028, Lifeline 13 11 14, and Kids Helpline 1800 55 1800.