The child abuse royal commission should be focusing on systemic problems in the NSW Crown Solicitor's Office and not targeting individual lawyers, a hearing has been told.
Michael Windsor SC representing Evangelos Manollaras, the solicitor who defended a compensation claim brought by 15 abuse victims against the state of NSW, said systems within the state legal office needed scrutiny.
Mr Windsor was arguing against a possible finding by the commission that Mr Manollaras breached professional conduct and model litigant rules.
Mr Manollaras had allowed the state to argue the compensation case should be struck out because witnesses could not be found, when in fact they had been.
In 2008, former residents of Bethcar children's home in Brewarrina sued the state government for abuse suffered at the home in the 1970s and 80s but were put through a five-year legal nightmare before the state finally settled in early 2014.
On Thursday, David Lloyd, counsel advising, said it was open to the commission to find that Mr Manollaras and junior barrister Paul Arblaster, breached professional rules.
But Mr Windsor suggested the commission was singling out his client.
"It's the generality that you should be focusing on rather than singling out an individual, now retired from legal practice."
He said the commission should focus its attention "on the systems within the Crown Solicitor's Office".
Mr Manollaras had no experience with child sex abuse claims and was reluctant to take on this case when asked in 2008, he said.
He said reform was needed in the CSO around solicitor appointments, supervision and reporting.
Mr Windsor said based on evidence in October by Crown Solicitor Ian Knight and secretary of the social services department Michael Coutts-Trotter there was no official clarity about model litigant policy.
He said there was a need for training and greater clarity at the CSO.
Bret Walker SC representing Mr Arblaster argued that his client had not breached rules of engagement.
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