Australian Pro Bono Centre

Story 19: Medical Expert Assists Indigenous Man in Custody

2020: New South Wales

Two years ago, Allen & Overy’s James Clark contacted ExpertsDirect Pro Bono about an Indigenous Australian man who was assaulted by corrections officers in the cells of a local court. Police struck the man multiple times in the face and torso which left him with a fractured nose that caused breathing and sleeping difficulties, and swelling around the cheeks, ears, and eyes, amongst other injuries.

A physical assessment of the client’s facial injuries would become essential to establishing the extent of harm and therefore the basis of the client’s personal injury claim. Any assessment however would require the opinion of a medical specialist and therefore exceed the firm’s and client’s combined budget of $2,000.

ExpertsDirect’s pro bono arm provided an experienced oral-maxillofacial surgeon. The very next day, they sourced an ENT specialist on the advice of our oral-maxillofacial surgeon that an ENT doctor would be more appropriately qualified to assess the full extent of the client’s injuries. The ENT expert provided the client with a consultation only days later.

The expert’s report found that the incident with police had led to permanent damage to the client’s nose and air passage.

The Allen & Overy team led by Jason Gray and Edward Einfeld secured a settlement for the client who was very happy with the result. The settlement was achieved notwithstanding strict laws that are intended to prevent persons in custody in the jurisdiction in question from being able to obtain compensation for such assaults. According to Mr Clark, the provision of low-cost expert reports was vital in overcoming procedural hurdles and generating a real risk to the defendant, which helped to secure the positive outcome for the client.

Although the above story focuses on a specific matter ExpertsDirect undertook, it also reflects the experiences of more than a few of our pro bono clients who require financial and legal support in the same circumstances—in personal injuries claims against state institutions, often correctional or detention centres.

ExpertsDirect was founded on the understanding that the provision of effective and reliable expert witness evidence can significantly affect the outcome of a case. After witnessing the powerful impact of our service in our commercial practice, ExpertsDirect now extends its service to pro bono and community lawyers representing clients experiencing significant disadvantage.

This story was submitted by ExpertsDirect.

Story 18: Low Bono Employment Law Assistance for the Missing Middle

2020-Present: New South Wales

Sparke Helmore Lawyers partnered with Marrickville Legal Centre (MLC) in the development of the Marrickville Low Bono Employment Service (Low Bono), which launched in early 2020.

Low Bono is an innovative service providing employment law assistance to the “missing middle”—a large section of the community who cannot afford professional legal advice but who also don’t meet Legal Aid or pro bono eligibility tests. The service addresses a large gap in access to justice for low-income earners with a model that provides affordable and significantly reduced fixed-fee representation to clients who, before its launch, would not have had access to community legal services. The fees collected from Low Bono are then directed into MLC’s 100% pro bono programs.

This service not only provides access to justice to a segment of society that is often forgotten by mainstream pro bono services, but it was also established as a new wave of vulnerable workers emerged during the pandemic. With increasing employment uncertainty throughout COVID-19 and related lockdowns, Low Bono has been crucial to ensuring the “missing middle” are aware of their rights and options for recourse.

Sparke Helmore Lawyers manage rotating secondments to Low Bono, where their lawyers take phone calls from clients categorised as the “missing middle”, then provide employment advice to them and advocate for clients at conciliations, under the supervision of MLC. The types of matters the secondees work on include general protections claims, unfair dismissals, Australian Human Rights Commission complaints, underpayment claims and stop bullying applications. Sparke Helmore Lawyers has provided 8 secondments since Low Bono’s launch, with the lawyers providing up to 30 hours of assistance a week.

Since the launch of Low Bono, MLC has represented almost 200 clients through this program and has recovered over $1.7 million for its clients. MLC has also recovered over $75,000 in fees from clients, which it will use to further its pro bono legal services for clients suffering significant disadvantage.

This story was submitted by Sparke Helmore Lawyers.

Story 17: Representing Denise from Homelessness to a Home

2021: South Australia

Denise* was staying in emergency accommodation when she was referred to Homeless Legal. She had been living in a shared rental property but was forced to leave suddenly when threats were made against her by the other tenants. They told her they would only give her 28 days to collect her possessions – but this was an unmanageable timeframe for Denise who didn’t have the money to pay for a removalist and storage unit.

Our pro bono lawyers wrote to the other tenants, seeking more time and reminding them that they had obligations in relation to disposing of other people’s property.

Due to the tension between the parties, the lawyers remained involved and helped to organise a mutually convenient collection time. With Denise’s permission, the lawyers also collaborated with her support workers who found her a home to move into and supported her to arrange an affordable removalist.

The collection was completed without incident and Denise told us how pleased she was to be able to move on from this difficult time.

“I feel happy & content after just a few weeks in my own home & I have realised this is the result of no longer being homeless & the powerful experience of remembering my worth.

“I really appreciate everything you have done for me on this matter & the kindness & understanding you have shown me during this difficult time. I feel incredibly lucky as to how all this has panned out & all the help I have received. I can’t express enough just what a difference to the quality of my everyday life & living your assistance & guidance has made.”

*Name changed to protect privacy

This story was submitted by Homeless Legal.

Story 16: National Disability Insurance Scheme Project

2021-2022: Western Australia

The National Disability Insurance Scheme (NDIS) has raised many access to justice issues and has been labelled by some as a bureaucratic nightmare that fails to meet the needs of people with a disability.

Under Lavan’s NDIS pro bono project, lawyers assist clients with NDIS internal review applications and in appeals to the Administrative Appeals Tribunal. Most of the cases we take on relate to significant cuts to funding under NDIS plans that were intended to provide necessary supports and services to the person with a disability.

Our clients, along with the people who support them, tell us that they’re exhausted by the time they get to speak with a lawyer. They are often fed up with an inflexible system that does not understand their needs. Some of our clients, or their informal carers, have been struggling significantly when they have sought Lavan’s pro bono services – they tell us about the seemingly endless meetings, forms, reports and a lack of outcome despite their best efforts.

The assistance we have been able to provide has been life-changing for some of our clients. In some cases, it has meant that couples who have been married for decades are able to remain living at home together. In other cases, it is securing a support needed for the bare necessities of life. Sometimes the impact of the work has been more intangible. For example, our clients have told us that they feel so relieved that someone is finally listening to them and taking what they have to say seriously.

One client with a brain injury recently had their NDIS plan funding quadrupled as a result of our assistance. Their partner and informal carer was at breaking point and saw no option other than for our client to leave the family home and go into supported accommodation. However, the increased funding means that she can receive additional support and they can remain living in the family home together. The client can also access additional supports focused on improvement of his overall wellbeing and enjoyment of life and better access to the community.

The NDIS pro bono project at Lavan gives lawyers an opportunity to provide our clients with critical but temporary legal support in what is often their lifelong battle for basic human rights. A successful outcome for our clients can mean that in in this moment their human rights are protected.

Lavan’s NDIS Project is supported by:

This story was submitted by Lavan.

Story 15: Welfare and Legal Support for First Nations Peoples in Custody in WA

2019: Western Australia

The Aboriginal Legal Service of Western Australia Limited (ALSWA) Custody Notification Service (CNS) commenced in October 2019. CNS provides a 24/7 phone service delivering welfare and legal support for Aboriginal and Torres Strait Islander people who are apprehended or arrested by police in WA.

King & Wood Mallesons provided countless hours of pro bono support for the implementation of the CNS in WA including assistance with the preparation of a comprehensive CNS manual, relevant policies and procedures, employment contracts, and reporting requirements. Immediate welfare and legal assistance at the crisis point of police custody, coupled with earlier and more effective access for vulnerable people to culturally secure legal and community services, has and will continue to transform lives.

As one example, a CNS Aboriginal support worker spoke to a young Aboriginal woman who had been arrested for alleged offending. The woman engaged well with the Aboriginal support worker and disclosed that she was pregnant but was trying to seek help with substance use and mental health. The CNS advocated for her while she was in police custody and also offered to provide assistance for any unpaid fines.

The woman agreed to a referral to ALSWA for legal representation as well as referrals to ALSWA’s Bail Support Service (BSS) and Work and Development Permit Service (WDPS). After receiving the referral, BSS assessed the woman in custody and developed a comprehensive bail support plan which included referrals and practical support to attend Alcohol and Other Drugs (AOD) counselling and mental health treatment, reminders and transport for court, and support to attend antenatal appointments.

The woman was released on home detention bail and she received comprehensive support from BSS in the community. She attended regular AOD and psychological counselling and all of her antenatal appointments. After a period, the home detention condition of her bail was removed because of her high level of compliance. The woman gave birth to a healthy baby who continues to reside with her and her other child. BSS also assisted the woman with housing issues and training opportunities. In addition, the WDPS helped the woman reduce her outstanding fine debt though time to pay arrangements, fine expiation orders and work and development permits.

The woman has complied with bail for well over 12 months. The CNS intervention was a catalyst for this woman to obtain the necessary supports in the community to change her life.

This story was submitted by Aboriginal Legal Service of WA Ltd.

Story 14: Property Law Advice for Homeless First Nations Woman

2020-2022: New South Wales

For the last two years, Johnson Winter & Slattery (JWS) has been acting for a First Nations woman in relation to a complex and protracted property-related dispute, which left her homeless and on the verge of bankruptcy. This matter is an archetypal example of how complex legal proceedings of the type JWS are able to bring (but which are inaccessible for disadvantaged persons without pro bono support), can have a profound impact on the passage of an individual’s life.

In this matter, JWS’ client was verbally granted a peppercorn 99-year lease over a property and on that basis she invested in it and occupied it for 20 years. She installed a pre-fabricated home, paid water and council rates, and made a number of improvements, including installing a drainage and septic system and concrete paving. However, unknown to the client, the lease was never formally executed.

The client was served with a notice to vacate the land and became homeless. As a result of associated legal proceedings (prior to JWS acting), she became the subject of a bankruptcy application due to an unpaid judgement sum.

The JWS team was able to establish in the Supreme Court of NSW that the client had a valid claim for restitution based on the value of the improvements she had made to the property, and that she was also entitled to equitable compensation based on a proprietary estoppel. Damages of $115,000 were awarded, which also resulted in the creditor’s petition in bankruptcy being dismissed.

This was complex Supreme Court litigation, traversing res judicata, Anshun and issue estoppels, as well as complex leasing, property valuation and contractual issues. The client was awarded costs across multiple court applications.

The team was led by Samantha Daly and Angus Hannam.

Samantha Daly
Partner

Angus Hannam
Senior Associate

This story was submitted by Johnson Winter & Slattery.

Story 13: Reuniting Domestic Abuse Survivor with Family

2019-2022: New South Wales

In June 2019, Legal Aid NSW connected our firm Nomos with a representative of a women’s shelter, who made us aware of one of their clients and her desperate plight. At the time, the client (let’s call her ‘Sophie’) was in Australia as a permanent resident, while her 3 children remained in her homeland.

Sophie was a victim-survivor of domestic violence. She had been abused by her Australian citizen husband, and he had repeatedly promised that he would apply for visas for Sophie’s children to join them in Australia – but he never did. Sophie fled to a refuge rather than remain at the mercy of her husband. Whilst she was able to find security and support at the shelter, she remained desperate about the plight of her children, who remained half a world away, being cared for by elderly relatives in less than ideal circumstances.

That is where Nomos stepped in. Shortly after meeting Sophie and hearing her story, we agreed to take on the matter pro bono, and formulated a plan to help bring the children to Australia to be with their mother.

After successfully navigating the various challenges faced in Sophie’s particular situation, we were able to secure permanent visas for the children in February 2020. Despite pandemic-related travel delays, the children finally arrived in Australia in March 2021. The day that Sophie and her children were finally reunited was one that we will all remember forever.

Earlier this year, we again assisted the family pro bono as they commenced the process of applying for Australian citizenship so that they can remain safely in Australia forever. In the year that the children have been in Australia, they have come so far. We were thrilled to hear that they are now studying hard so that they can support their mum, who never lost hope, and worked tirelessly to reunite her family.

*Kathryn Rose Viegas, Principal Solicitor, Nomos*

Since we first met Sophie, her life has changed immensely – from fleeing her now ex-husband to being reunited with her children in Australia and now taking the final step in their immigration journey, applying for citizenship. Clients like Sophie are the reason we work in this field, and it was a real privilege to help reunite this mother with her children. We are already looking forward to raising a glass once the family officially become Australian citizens!

This story was submitted by Nomos.

Story 12: Bullying & Harassment – Representing Quaden and Yarraka Bayles

2020-2021: Queensland

Quaden Bayles with the Indigenous All-Stars

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.

*Eric Boone (K&L Gates) & Robyn Sefiani (Sefiani) at Mumbrella Awards*

This story was submitted by K&L Gates.

Story 11: Relieving an Unfair Financial Burden on a Refugee

2020: South Australia

*The Accessible Justice Project Team at work*

Angelique* first came to The Accessible Justice Project (AJP) in November 2020 on the recommendation of her disability support worker. Angelique came from a refugee background and had some difficulty understanding English. She was unemployed and living with a disability. She was financially supporting her two children with her only income being a disability support pension.

Angelique was being charged excessive fees and treated unfairly under an exploitative agreement she had signed a decade earlier. She was ineligible for free legal help and was unable to afford a private lawyer.

Angelique felt vulnerable, and embarrassed that she had been misled into signing a document that she did not understand. At times, she was unable to purchase food for her two children as a consequence of the ongoing and excessive money being withdrawn from her account without her knowledge or understanding.

As a result, Angelique met with the lawyers at the AJP to discuss her matter, who listened to her story and provided advice as to her legal rights. The AJP were able to assist her by engaging in pre-action negotiation with the other party on her behalf and resolving her matter with a favourable financial settlement. Angelique was pleased with the outcome and was relieved that her financial stress was greatly reduced.

If it wasn’t for the provision of pro bono, or ‘low bono’, services, Angelique may have remained unaware of her legal rights and not otherwise received such an outcome, which removed the unfair financial burden and allowed her to focus more on her family instead. The AJP operates as a ‘low bono’, not-for-profit legal practice, which charges fees at approximately a quarter of the cost of a private lawyer.

The AJP offers assistance in a range of civil disputes for people who are ineligible for publicly funded legal assistance but are unable to afford the cost of a private lawyer, a group sometimes referred to as the ‘missing middle’. Since the AJP launched 18 months ago, it has seen over 200 clients who have experienced their own barriers to obtaining legal advice.

The AJP is proud to be able to contribute to the pro bono community in South Australia, and will continue to provide these services as a contribution to promote access to justice.

*Name changed to protect privacy

This story was submitted by The Accessible Justice Project, which is a collaboration between the University of Adelaide and LK Law.

Story 10: Sexual Assault Communications Privilege Project

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.

Story 9: Queensland Law Students Fight for Abortion Law Reform

2014-2021: Queensland

Through partnerships with the not-for-profit sector, the UQ Pro Bono Centre (PBC) inspires law students to graduate with a lifelong commitment to pro bono legal service. With 500 law students on our roster, the UQ PBC provides assistance through voluntary student placements, projects, and law reform activities. The impact of this work is immense. It can be lifechanging for the students; it bolsters the capacity of the community sector and delivers tangible results for clients and the wider community.

This impact was clear throughout the long and arduous fight for reform to abortion laws in Australia. When a young couple were charged in 2009 for importing drugs and allegedly procuring an abortion, the archaic laws that criminalised abortion were in the spotlight. Women across the country rallied in support of the young couple and advocated for law reform.

Through the UQ PBC, law students devoted many hours to this important campaign.

Between 2014 – 2021, UQ law students completed nine research and law reform papers for organisations advocating for abortion law reform. These included research reports for Children By Choice on reproductive health and domestic violence, abortion law reform, legal action for refusal of termination, reproductive coercion, Gillick competency and termination of pregnancy, and reproductive choice and human rights. Daile Kelleher, CEO of Children by Choice has noted ‘we have engaged with the UQ Pro Bono Centre students over many years to assist with important advocacy work and assistance with legislation that helps to advance the reproductive autonomy of Queensland women and pregnant people and increase access to compassionate abortion.’

*Report for Safe Access Zones in Australia*

Voluntary work for Marie Stopes Australia has included research and advocacy reports on Safe Access Zones and Nurse-led Services for Medical Termination. After the WA parliament passed safe access zone legislation in 2021, Bonnie Corbin, Head of Policy at Marie Stopes wrote to thank the students for their safe access zones paper noting ‘In the WA Parliamentary debate this week advisors were still referring to the [paper]. The evidence was powerful. There is nothing I love more than an advocacy document that is so useful it makes itself redundant! Gratitude from Marie Stopes Australia who can now provide access to healthcare free from harassment.’

Students voluntarily involved in these projects participated in an historic and celebrated law reform campaign that has benefited women across Australia. The UQ PBC wishes to acknowledge their hard work and dedication.

This story was submitted by the UQ Pro Bono Centre.

Story 8: Helping Maggie to Avoid Eviction

2017: Victoria

Rachelle (social worker from Justice Connect) with her client Maggie (right)

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.

Trent Wallace

Passionate about platforming diversity within First Nations communities, Trent is Co-Chair of the Legal Profession Reconciliation Network and is on the Executive Committee of Just Reinvest NSW. Trent is also a Director of Metro Arts QLD, Director of Independent Indigenous Tourism Operators of Queensland, Advisor to the Starlight Children’s Foundation and Advisor to the Board of ActionAid Australia.

Trent Wallace is a Wongaibon person who was raised on Darkinjung Country and has a background working in the community legal sector, government and education. Trent joined Ashurst in 2020 in his role as First Nations Lead, a first for a global law firm. In addition to this, Trent is a lawyer, law lecturer and author.

The Voice: A trust fall moment for First Nations peoples

I am a Wongaibon person and the great-grandchild of a Coota Girls survivor. I am also a lawyer, law lecturer and author. I occupy several social justice focused board roles. In almost all of the professional roles I’ve held, I’ve been the first Aboriginal person to do so. Despite conquering major barriers, I am still subjected to deep inequities that are embedded in Australia’s DNA. My identity is rooted in shameful statistics that underscore my existence. To society, I’m too Aboriginal to be ‘white’ and too ‘white’ to be Aboriginal. An enigma, the result of colonisation and ignorance. People often tokenise me or treat me differently when they learn I am Aboriginal. It’s hard to make friends because casual racism exists as the equilibrium. I am not a victim of my Aboriginality, but I often feel people would like me to be.

The Voice is not a quixotic concept. The Uluru Statement from the Heart is a generous offering. It is a hopeful call, one that is seeking to achieve peace. As First Nations peoples aren’t homogenous, I recognise various views. However, in my heart, I know this is the only opportunity we’ve had at creating meaningful change through self-determination. As a group, we’ve been spoken for, spoken about, researched, written about and ultimately told what is good for us…despite not speaking to us. Solutions developed without appropriate consultation. Parochial attitudes prevail when it comes to the “Aboriginal problem”. It is unfathomable that people would think we actively pursue disadvantage. I understand that education around our identity plays a significant role, but we are continually held up in that process. Numerous works of First Nations academics have been published – we cannot rely on the excuse of ‘not understanding’. Your role as an advocate is to platform such educational materials, and not just around National Reconciliation Week or NAIDOC Week. I dream of a time where the garrulous conversation and tokenism ends.

Too often, our representation is either negative or it is through artwork. Meetings start with an Acknowledgement of Country, but the conversation around First Nations peoples stops there. To ethically consume cultures, you must take all of us, not some of us. Don’t turn away from our pain or our pleas to be included. Our career aspirations. Our dreams of success.

If you want to actively contribute to reconciliation, vote “Yes” to the Voice. Accept the invitation set out in the Uluru Statement from the Heart. We are at your mercy as the most impacted peoples who have inherited generational failures. You have the chance to break this cycle. As pro bono practitioners and leaders, I am calling on you to educate yourselves, your workplaces, your family and your general sphere of influence. Utilise your privilege to educate people around the Voice.

This piece represents the author’s personal views and does not necessarily represent the views of the organisations with which they are associated.

Story 7: Afghanistan – Rapid Legal Assistance for Those Fleeing the Taliban

/in 20 stories, Publications, Uncategorized /by AusPBC

2021: Victoria

On 15 August 2021, the Taliban took over Kabul and quickly advanced into other parts of Afghanistan. Watching the Afghan people flee their homes struck a chord with the Australian community and made many of us recognise that we had a part to play in the humanitarian effort. Gadens was determined to apply our resources and skills to support the men, women and children who were fleeing the Taliban.

Assisting asylum seekers and refugees is a key priority area for Gadens under our Pro Bono Policy, so we were proud to work in conjunction with the Asylum Seeker Resource Centre (ASRC) in their efforts to meet the unprecedented demand for legal advice and casework services from the Afghan community in Australia and overseas.

Within two weeks, Gadens assisted in setting up the infrastructure for a remote telephone advice service. This included conducting training sessions for lawyers across the sector who joined our lawyers staffing the telephone advice line five days a week, responding to email requests for legal assistance and taking initial instructions for onsite legal appointments. The Sustainability and Social Impact team at Gadens supervised legal volunteers and assisted in the drafting and reviewing of fact sheets, while our IT team provided ongoing technical support for the phone advice line and dozens of our lawyers from graduates to partners joined as volunteers.

Our involvement in this project allowed ASRC to respond to approximately 2,500 email requests for legal assistance, complete 185 intake forms and schedule legal appointments for approximately 300 clients onsite at the ASRC. Many of the scheduled appointments included large family groups, including up to eight applicants per appointment.

It was inspiring to be a part of a legal sector coming together, and to know that it resulted in people accessing advice when they needed it.

*Kathy Merrick (Gadens Board Member and Partner) taking calls on the ASRC phone line in lockdown, 2021*

Our participation in this project also built our internal capacity to broaden our assistance to the ASRC on an ongoing basis, leading to more projects and a more meaningful pro bono partnership.

This story was submitted by Gadens.

Corey Smith

Corey Smith is a Ngemba man and lawyer. He has worked in corporate, NGOs and academia including at the Centre for Social Impact. He currently coordinates Towards Truth, a first of its kind truth-telling project that maps laws and policies that have impacted First Nations people since 1788. Corey is deeply committed and passionate about social change for Indigenous communities.

Why the Voice Matters

The Voice is a substantial but reasonable proposal that can change our country for the better.

In my day-to-day work on truth-telling, I frequently see how our lives as First Nations people are intimately tied in with government. Children taken, languages decimated, land ripped from our feet. Our lives have been controlled for centuries and we weren’t even allowed to participate in the democratic process that legalised all of that. What’s worse, the injustices continue today. It’s true, those who cannot remember the past are condemned to repeat it.

It’s 2023 and we have children being thrown into prisons and people without access to fresh water, housing, healthcare, or education. Can we please wake up and stop this madness?

The Uluru statement is the answer we have been waiting for. The Voice is a step in the right direction, and it will give Parliament the best information from communities to make a practical difference in areas such as health, education, criminal justice, and housing. The Voice matters because we have gone too long without having a say on laws and policies that directly impact us. It matters because we are the most incarcerated people on the planet and racism is still alive in this country. It matters because it will lead to better outcomes. It will also put Treaty and Truth on the table.

When I caught up with my Dad the other week, who is a mad Midnight Oil fan, we spoke about how ‘the time has come’ for the Voice. This referendum is a nation-building moment. We are choosing hope over hate, and we need you to walk with us if we’re ever going to solve these issues that are running rampant in this country. It’s in our reach to do that. The opportunity to vote “Yes” is too important to miss.

This piece represents the author’s personal views and does not necessarily represent the views of the organisations with which they are associated.

Story 6: #RaiseTheAge

2021: Australian Capital Territory

Wotton & Kearney (W+K) assisted Change the Record (CTR) with pro bono research aimed at addressing a major obstacle to raising the age of criminal responsibility in Australia, with Attorneys General (AGs) concerned about the prospect of children aged 10 to 14 being left without any consequences or interventions if they commit crimes.

Change the Record logo

Mapping preventative and diversionary services currently available in every jurisdiction, the research has demonstrated the alternatives that exist between incarceration and doing nothing at all, and how the cost of preventative services is a fraction of the cost of imprisoning a child (between $750,000 to $1m a year).

The ACT now has a roadmap with legislation to be introduced this year, with other jurisdictions actively exploring the possibility. It is hoped that once a large state signs on, others will follow. The AGs in each jurisdiction want to see the services in their own state or territory, so the ability for CTR to do this work with pro bono resources has been significant.

In addition to being used in state and territory advocacy, the research will be used by CTR in 3 specific pieces of funded work:

A website resource for children’s advocates so they can quickly find out about each alternative service;
An animation showing a map of Australia and where all the services are located;
Advocacy and educational videos with stories of children who have been diverted from the criminal justice system and had their lives transformed through participation in some of the services.

The W+K team looks forward to seeing the CTR resources when they are finished and progress towards raising the age in every jurisdiction.

This story was submitted by Wotton & Kearney.

Gemma McKinnon

Gemma McKinnon is a Barkindji woman from Wilcannia in far west NSW. Gemma is the Responsible Business Manager (APAC) at Herbert Smith Freehills. Gemma was a Technical Advisor at the Referendum Council’s regional dialogues and the Constitutional Convention at Uluru.

Why the Voice Matters

The question of why the Voice matters is deeply personal to First Nations people. Being part of the oldest continuing culture on the planet, and still being here despite the ongoing effects of colonisation, is a great source of pride and a testament to our strength. We bend, but we do not break. Our survival is a demonstration of our strength in culture, family, and in our ability to self-govern. Yet, since invasion, First Nations people have had little or no say in the laws and policies that govern us despite consistent, ineffective attempts to make decisions in what is purported to be our best interests.

The Constitution fails to mention us at all, as though we haven’t been here for 60,000 years, caring for the land from which the Nation has built its prosperity. Despite this, and all that modern science, academic research and history have taught us, we still aren’t afforded a seat at the table on matters that directly and often disproportionately affect us. In the words of The Uluru Statement from the Heart, the torment of our powerlessness is why the Voice matters.

Proportionally, we are the most incarcerated people on the planet. We are not an innately criminal people. Our children are aliened from their families at unprecedented rates. This cannot be because we have no love for them. And our youth languish in detention in obscene numbers. They should be our hope for the future. (The Uluru Statement from the Heart)

I have spent my career working with First Nations people, supporting individuals, and advocating for legal and systemic change to improve the lives of our community. As an advocate for Aboriginal tenants in NSW, I met people who were born in a shack with a dirt floor, who stayed on that same parcel of land through different dwellings and different landlords and who were being served with an eviction notice for rent arrears. Their recourse lays in a tribunal member with no ability to consider anything but a law enacted in 2010. A Voice might enable lawmakers to consider legislative amendments that broaden the considerations available to these tribunal members, or indeed, create a more appropriate forum for such matters to be heard.

This is just one of many examples of the dire need for reform informed by First Nations people. I hear my brothers and sisters when they say they want more than an advisory role, and when they express their fear that this voice might fall on deaf ears. I simply submit that we have no choice. Those of us living in the city, with the benefits of education and employment, do not have the right to deny those without clean water or adequate shelter a chance at change simply because we might have the luxury of feeling comfortable enough to wait for a better offer. This is a once-in-a-lifetime opportunity. We cannot risk allowing it to slip away.

This piece represents the author’s personal views and does not necessarily represent the views of the organisations with which they are associated.

Story 5: Allison Baden-Clay – Responding to Domestic & Family Violence

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.

*The Foundation at a Strive To Be Kind Launch (2018)*

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.

Ruby Langton-Batty

with Wyatt Revell-Cook

Ruby is a Lawyer in the Ashurst Pro Bono team. She is a proud descendant of the Bidjara and Iman peoples of Central Queensland. Ruby was born in Alice Springs and grew up in the Northern Territory and Melbourne. She has now lived in Sydney for over ten years. Holding a Juris Doctor degree from UNSW, Ruby was admitted as a lawyer in 2022. Prior to studying law, she worked as a professional stage and screen designer.

Wyatt is a Lawyer in the Ashurst Employment team, based in Brisbane. Wyatt has family connections to Birri Gubba, Gurang Gurang, Wangan Jagalingou and Wakka Wakka peoples, and was born and raised on Yugara Country.  Holding a Bachelor of Laws (Honours) from QUT, he was admitted as a lawyer in 2022.  In 2021, Wyatt was the Associate to the Honourable Justice Glenn Martin of the Supreme Court of Queensland.

Why the Voice Matters

First Nations peoples have long called for formal recognition and a voice at the highest levels of our country. As far back as Yorta Yorta elder William Cooper’s letter to King George VI (1937), the Yirrkala Bark Petitions (1963), the Larrakia Petition (1972) and the Barunga Statement (1988), First Peoples have fought for a fair place in our country.

In 2010, Prime Minister Gillard established the Expert Panel on the Recognition of Aboriginal and Torres Strait Islander Peoples in the Constitution, which sparked a seven-year public policy debate on the topic. Finally, a series of regional First Nations dialogues were held across the country, culminating, in 2017, in a National Constitutional Convention at Uluru and the Uluru Statement from the Heart. This was a generous and powerful invitation to all Australians. The referendum represents an opportunity for us to come together as a nation to meet that invitation in the same spirit of generosity.

Enshrining a First Nations Voice to Parliament in the Constitution will start the process of recognition and truth-telling, and advance the principle of self-determination. Reasonable Australians would recognise that the best outcomes for First Nations communities are those outcomes that are driven by people in affected communities.

If the referendum is successful, we are hopeful that the recommendations set out in the “Indigenous Voice Co-design Process Final Report to the Australian Government” (Langton and Calma, 2021) will be implemented. This would provide the right mechanisms, working with and strengthening existing arrangements, for the voices of First Nations peoples to be heard on issues that affect us.

It would also, in our view, improve the provision of pro bono and commercial legal services to First Nations peoples. The advancement of our people occurs at junctions of discretionary decision making in both public and private institutions in Australian society. The legal profession is at the forefront of these junctions, since lawyers are the interpreters and communicators of laws and policies. The Voice to Parliament would create avenues for us to have a say in laws and policies which affect us, and change those which have historically been designed to disempower and disenfranchise us. It must be First Nations peoples who lead this because we are the only ones that know exactly how these laws and policies impact our lives every day.

This piece represents the author’s personal views and does not necessarily represent the views of the organisations with which they are associated.