2016 – Ongoing: Victoria

Lander & Rogers has worked in partnership with Refugee Legal for over ten years to provide critical legal help, under Refugee Legal’s supervision, for people seeking asylum, refugees, and vulnerable migrants.

In 2015, the Federal Government began processing the cases of 31,000 people seeking asylum who arrived by boat in Australia between 13 August 2012 and 1 January 2014 under the newly-introduced Fast Track Assessment process. This complex and onerous process with limited means of review required completion of forms containing numerous pages of detailed and technical questions, all in English. Concurrently, the funding of legal assistance for these people who had arrived by boat was cut.

Following the introduction of the Fast Track Assessment process, Lander & Rogers’ collaboration with Refugee Legal strengthened to address an unprecedented level of demand experienced by Refugee Legal, with more than 11,000 asylum seekers in Victoria requiring legal assistance.

This demand increased further when, early in 2017, the government imposed a 1 October 2017 deadline for lodging applications.

Refugee Legal worked with Lander & Rogers to strengthen its existing legal clinic model ─ pioneered by Refugee Legal more than 15 years earlier ─ to develop a new corporate clinic program. Rather than individual pro bono volunteers participating on weekends, the program was designed to recruit corporate law firms to provide regular volunteers to assist Refugee Legal to staff each clinic, matching crucial legal need with pro bono lawyer capacity.   

The clinic program exponentially increased both the number of lawyers volunteering for Refugee Legal and the number of people they assisted.  The model has transformed the delivery of quality legal services to asylum seekers and displaced people and is now adopted worldwide by NGOs and identified by the UNHCR as best practice.

In 2020-21, the Refugee Legal Clinic model provided more than 3,000 instances of legal assistance and included hundreds of lawyers from 18 pro bono law firms. The model is used to address other areas of high-volume legal need, including:

• The Fast Track Clinic: Assisting people on temporary visas subject to the Fast Track Assessment process
• Afghanistan Clinic: Assisting with the emergency evacuation of hundreds of people from Kabul in August 2021, and providing legal assistance to people in Australia impacted by the crisis in Afghanistan
• Myanmar Clinic: Providing legal assistance to people in Australia impacted by the crisis in Myanmar with onshore protection applications
• Family Violence Clinic: Providing legal assistance to women on temporary visas who have experienced family violence.

In 2016, the key people involved included David Burke and Jo Renkin from Lander & Rogers, and David Manne and Bianca De Toma from Refugee Legal.

In 2022, Ben Goulding heads up the Legal Clinic program and Harmonie Cribbes is the Volunteer Coordinator.

This story was submitted by Lander & Rogers.

2020-2021: Queensland

The joint pro bono representation of Quaden and Yarraka Bayles by law firm K&L Gates and public relations and strategic communications firm Sefiani (with lead counsel National Justice Project) was an exemplar to both industries of the synergistic excellence to be achieved and leveraged on clients’ behalf, particularly in areas lacking strong regulation and enforcement.

Quaden is a young Indigenous Australian who suffers from a rare case of dwarfism and other health issues. At 9, Quaden’s story went viral and global following the release of a video filmed by his mother and anti-bullying advocate, Yarraka, of a distressed Quaden following extensive bullying and harassment. Support came from all angles, including from the National Rugby League, who invited Quaden to lead out the Indigenous All-Stars team in the annual All-Stars Game. A GoFundMe page was started by US comedian Brad Williams raising over $460,000 USD in funds to support Quaden. However, this outpouring of support also led to a deluge of threatening, racist and/or defamatory photos, comments and accounts on various social media platforms endeavouring to undermine the family’s intent.

K&L Gates proceeded with in-app reporting of the threatening, racist and defamatory content on social media platforms while engaging with direct contacts in safety, legal and public policy roles, resulting in the:

• removal of over 50 fake or imposter accounts from Instagram alone;
• establishment of protocols with Facebook and Instagram to prevent recidivism;
• removal of 106 YouTube videos on basis of copyright infringement and community guidelines; and
• permanent suspension of nine Twitter accounts and removal of ten individual Tweet URLs.

The engagement of K&L Gates with the social media platforms was greatly assisted by the work of Sefiani and the resulting media attention to the issue.  Sefiani advised the family to cease social media engagement and secured the production of the wonderful half-hour documentary “About a Boy” on the ABC’s Australian Story to get the true story told about Quaden and further prevent recidivism.

K&L Gates also advised the family on the funds raised via GoFundMe, a significant portion of which was donated to six charities. K&L Gates advised on the different trust structures to receive the funds in a tax efficient manner, prepared the trust deed and arranged for it to be stamped, and coordinated the disbursement of the funds from the US to the family and the Australian based charities.

This story was submitted by K&L Gates.

2020-2022: National

There is no symbol of Aboriginal identity in this country more powerful than the Australian Aboriginal Flag. Corrs had the great privilege of acting for Mr Harold Thomas, its creator, on the deal to assign copyright in the Flag to the Commonwealth.

When Corrs started acting for Mr Thomas in 2020, it was clear the parties needed to resolve the issues underpinning the Free the Flag movement, in the unusual situation where the national flag’s copyright was privately held.

After a three-week Senate Inquiry, and over two years of detailed negotiations with the Commonwealth, led by Corrs, a deal was reached which:

• respects and truly acknowledges the Indigenous communities at the heart of the Flag’s unparalleled significance;
• allows the Flag to be used by all Australians; and
• respects the value of this artistic work.

The deal also significantly contributes to the public interest: Mr Thomas is donating $2 million to establish a not-for-profit which will make periodic disbursements in the interest of Aboriginal Australians, the Commonwealth is directing all future Flagworld royalties to support the NAIDOC Committee’s ongoing work, and the Commonwealth is also funding a $100,000 annual scholarship to further Indigenous governance and leadership.

The $20.05 million transaction included a payment to Mr Thomas for the copyright assignment and buy-out of the licences.  As part of the transfer, Mr Thomas retains his moral rights in the Flag, including the right of integrity.

Colin Golvan AM QC originally referred the matter to Corrs and, in total, over nine partners and 15 lawyers across Corrs’ IP, Tax, Projects, and Corporate teams were involved. The matter was led by Chrystal Dare and Kate Hay.

Prime Minister Scott Morrison received regular updates on the negotiations, and on 25 January 2022 announced the deal, which is an event of great historical significance.

Mr Thomas, could not be happier with the result. He says, ‘[t]he Flag represents the timeless history of our land and our people’s time on it. It carries the message that there is a uniting symbol and voice for all Indigenous people, and I hope that this arrangement allows the Aboriginal Flag to breathe a new life in itself.’

This story was submitted by Corrs Chambers Westgarth.

2009: New South Wales

The SACP Project was a collaborative effort between Clayton Utz, Blake Dawson (now Ashurst) and Freehills (now HSF), the Women’s Legal Service, the Office of the Director of Public Prosecutions (DPP) and the NSW Bar Association.

In 2009, the protection of sexual assault communications privilege was an area where victims’ rights were not being appropriately protected. Since 2003, the NSW Criminal Procedure Act had paid lip service to protect victims of sexual assault against their counselling records being obtained under subpoena by defendants in sexual assault trials. In practice, however, the privilege was not used. The reason was that most victims had no capacity to appear before the court and argue for the privilege to apply, as Legal Aid was not available to assist victims at criminal trials, and the DPP did not act for victims.

The SACP Project provided a pathway for victims of sexual assault to be referred to free legal representation to enforce their SACP in sexual assault criminal prosecutions before the Downing Local and District Courts. Despite initial opposition, it was eventually welcomed by the judiciary. In one matter, the presiding judge said: “it is necessary to record, I think, the fact that until very recently nobody appears to have paid any regard to the legislation which provides detailed requirements in respect of protected confidences”.

The SACP issue was raised consistently before the Courts for 12 months and hard data was collected on the huge difference which legal representation made for victims’ rights. During this time, almost 100 victims of sexual assault were represented and SACP was recognised by the Courts in 91% of the matters conducted.

Due to this unique collaboration, the NSW Parliament ultimately undertook legislative reform of the privilege as recommended by the SACP Project’s pro bono firms. A permanent state-wide SACP Unit was also recommended and established within Legal Aid NSW.

In many ways, this was an exemplary pro bono project, with an identified legal access problem tackled collaboratively, reform achieved through legislation, and with the State taking ongoing responsibility for legal representation. The SACP Project was awarded the Pro Bono Partnership Award at the Law and Justice Foundation’s 2011 Justice Awards.

This story was submitted by Clayton Utz.

2012 – 2022: Queensland

Allison Baden-Clay accomplished many things in life. A university graduate who spoke six languages, she was warm, talented and intelligent. Her passion was ballet, and she lit up the stage when she danced. A high achiever, she was crowned Miss Brisbane in 1993.

She married Gerard Baden-Clay and together they had three daughters. Despite outward appearances, Gerard was not the charming husband he presented to the world. Instead, he was a controlling narcissist who began isolating Allison once she had dedicated her life to their family and lost her career. A man who tormented her about her appearance, told her she was worthless, was unfaithful to her and used their savings to prop up his failing business.

On 19 April 2012, Allison was murdered by her husband in what would become one of the most well-known domestic and family violence cases in Australia.

From 2012 until the end of the long path of litigation in March 2017, HopgoodGanim Lawyers provided significant pro bono assistance to Allison’s family to secure the future of Allison’s three girls. Our pro bono assistance included ensuring that Allison’s children (not Gerard) would benefit from her estate.

After the litigation, HopgoodGanim Lawyers have continued to work pro bono with Allison’s family. We worked with the family to set up and obtain DGR status for the Allison Baden-Clay Foundation. The Foundation aims to educate the community about family and domestic violence and empower them to aid in prevention.

Each July, the Foundation launches their Strive To Be Kind campaign which aims to raise awareness about family and domestic violence and encourage people to practise kindness in their daily lives. Allison’s family is passionate about helping others in similar situations to Allison and encourages everyone to educate themselves on the signs of domestic and family violence. Once we understand the signs, we can equip ourselves with the correct skills to intervene effectively.

Reducing domestic and family violence is one of HopgoodGanim Lawyers’ three pro bono priority areas. We have a long history of working with victim/survivors of domestic and family violence and are focused on prevention, empowerment, increased access to justice and perpetrator accountability.

This story was submitted by HopgoodGanim Lawyers.

2017: Victoria

Since 2014, Justice Connect has delivered the Women’s Homelessness Prevention Project in partnership with pro bono member law firm, Herbert Smith Freehills. The project keeps women and children safely housed through integrated legal representation and social work supports, breaking the links between homelessness, family violence, and financial insecurity.

The Women’s Homelessness Prevention Project exemplifies Justice Connect’s purpose to increase access to legal support and progress social justice, and is designed to apply the organisation’s theory of change. Through the delivery of high-impact holistic services that are co-designed with impacted communities, people can access free support to navigate their legal problems.

Since the launch of the Women’s Homelessness Prevention Project, Herbert Smith Freehills has kindly delivered over 28,000 hours of pro bono legal help. This generous collaboration has enabled Justice Connect to provide wrap-around legal and social work assistance to 977 women and children facing homelessness. 83 per cent of the women helped had experienced family violence.

One of these women is Maggie, a proud Torres Strait Islander woman and single mother. Maggie and her daughter fled family violence in Queensland, arriving in Victoria with just enough money for a taxi to a hostel. Despite moving into transitional housing, the family violence continued, forcing them back into homelessness three times.

When Maggie’s ex-husband failed to pay court-ordered child support, Maggie couldn’t pay her rent on time. She came to Justice Connect for help when her rental provider started eviction proceedings.

Through Justice Connect, pro bono lawyers represented Maggie at the Victorian Civil and Administrative Tribunal, obtaining more time for her to find new housing. Justice Connect’s social workers then secured funding to pay off the rent arrears and cover moving costs. When Maggie faced eviction again, the pro bono lawyers represented her and avoided her eviction into homelessness.

Eventually, the social worker helped Maggie to secure a new community housing property. Maggie was thrilled to be offered a place where she and her daughter could feel at peace. “It’s like Justice Connect came in with big open wings. You feel like you’re down and then someone comes in and scoops you up to protect you,” reflected Maggie.

Shortly after getting a roof over her head, Maggie graduated from university and now works supporting Aboriginal and Torres Strait Islander community members who are navigating the Victims of Crime Assistance Tribunal. To hear about her experience with Justice Connect in her own words, watch Maggie’s Story here.

Justice Connect’s Women’s Homelessness Prevention Project has directly prevented evictions into homelessness for 522 women and children, which based on Australian Housing and Urban Research Institute findings equates to $15.4M in cost savings to government.

This story was submitted by Justice Connect.