FEATURE ARTICLE -
Inter Alia, Issue 98: December 2024
Congratulations to the pupils of Bar Practice Course 82.
After completing a rigorous six-week program in Brisbane, these pupils are now prepared to take the next steps in their careers.
We express our sincere thanks to the Bar Practice Course Committee, the judiciary, members of the Bar and the Bar Association of Queensland for their dedicated efforts in ensuring the success of this program.
The Association sends its best wishes to the following pupils as they pursue their future goals.
- Anna Crawford
- Jordan Daniels
- Dale Digori (PNG)
- Evan Donaldson
- Mitchell Duncan
- Tim Elliss
- Thomas Feeney
- Nathaniel Harris
- Jess Hines
- Deacon Johnston
- Paddy Kilmurray
- Jeffrey Kolowe (PNG)
- Kurt McDonald
- Nicholas Miranda
- Reece Morrison
- James O’Brien
- Tom Pepper
- Byron Philp
- Sophie Reed
- Jade-Ann Reeves
- Kara Thomson
- Grace Townsend
- Tabitha Vockler
BPC82 – A Law Story
by Evan Donaldson, George Street Chambers
“I’m going to tell you a war story…”, I leaned forward in anticipation. Great, I looked down at my notes, I must have nodded off thirty slides ago. The last thing I recall, as my eyes glazed over, was the presenter’s pinstripe suit rippling like a hula dancer’s straw skirt.
But talk of war stories brought me back. Where’s he going to take us? He looks too young for Somalia, maybe Timor possibly Baghdad, Uruzgan or maybe Syria… a war story was a refreshing detour from the ethical obligations of counsel in ex parte applications.
But as the pinstripe’s story unfolded, it became apparent he wasn’t speaking of any of those places. I turned to Tommy P, “did he say war story?”. He did say war story.
My confusion turned to impatience and finally indignation. This wasn’t a war story. It was a law story! This guy probably thought that Barbarossa was the code name for the Carmody Affair.
But I have come to learn that law stories are a currency at the Bar, reflecting experience and hard learnt lessons. As a baby barrister, I am in desperate need of credibility. To that end, I offer this law story.
The KitchenGeorge Street Chambers
Dear Jane,
It’s been a month since I completed basic training.
I write to you from a new position, not far from the front… of the Court. The Supreme Court is to the north, across no-man’s-land known as George Street. To the east of that, is the Magistrates Court, the bloodiest of all fronts. To the south of our position is the sleepy Federal Court front; good if you can get it. The Bar Corps and the Bench is separated by the DMZ we call Espresso Engine. We are led by Catie Two-Dads who is responsible for discipline and maintaining a standard of excellence in the ranks.
It’s likely I’ll be sent to the Maggies Court soon, perhaps on a minor claims matter. Until then, I’m devilling from a pinstripe’s kitchen. There are thirty of us here, a platoon strength, some pinstripes but mostly juniors. It is a good crew and morale is high.
Bar Practice Course 82 (BPC82) ran from late August to early October 2024. Twenty-three pupils reported for duty. The order of battle is below; I know how much you love tabulated data.
Our senior instructing officer was Warrant Officer Gail Cowen, a veteran of eighteen Bar Practice Courses. She was ably supported by Corporal Ethan McNally. Pupils came from as far away as Cairns in the north to Newcastle in the south. The average age of the BPC82 cohort was 34 Sixty-forty male to female ratio and just over half of the cohort had children. The majority of participants had been admitted for less than seven years, with a small proportion having more than 15 years post-admission experience. Post-course, most transitioned to private practice, while a smaller group returned to government or Legal Aid roles. Twenty percent of the cohort admitted to owning a pinstripe suit or pants suit. The Aussies were reinforced by two colleagues from PNG, Dale and Jeff, who ensured we didn’t take anything, including timings, too seriously.
First appearance
Week One was most intense. Death by PowerPoint and our first appearance.
Tommy F went over the top first, masterfully navigating the issues with slick submissions and a smooth transition from the law to the factual minutia as the fire from the Bench was overlapping and relentless. The Cairns Magistrates Court was Tom’s second home for the last three years. Kurt, Jess, Grace, Jordan, Byron and Mitch had similar experience in crime on both ends of the Bar table.
I watched them closely. In pantomime fashion I made their submissions again. It worked! Watch and do would be my preferred method of survival for the duration of the Course.
For the next exercise, I was briefed with Tim – until recently a partner of a London law firm. I’m sure Tim lost more money doing the Bar Course than I have earned as a lawyer. We were for the respondent. As I dug into our position in defence, Tim checked my pleadings. There were no major changes, and my confidence grew. I’m grateful he didn’t send me a bill.
The Course is personal injury heavy which makes sense given the combative nature of the Bar. Thankfully, Kara and Anna held after hours classes on quantum and evidence. But it was in family law our cohort had a skills gap. The Bar’s collegiate generosity came through and two readers from the previous course gave their time to offer instruction.
In Family Court, bayonets are fixed and you watch your flanks as the bench and the clients take no prisoners. So it was with Judge Goodchild. But I survived the encounter. The same can’t be said for Mock Hearing 5 where I almost pled out. Jess rendered legal aid, and I limped through my closing. I took a lot away from that beating.
The point of this law story, if it needs one, is that there are no Rambos on the Bar Course. We leaned on each other, offering moral and material support and have continued to do so through the readership, remaining in constant contact since receiving our postings.
End of Bar Course
At our passing out parade, Justice Bond read us the rules of engagement for surviving at the Bar. Be polite and courteous in all your dealings but be prepared to kill everyone you meet. His Honour didn’t say that, but that’s what I took away.
Almost half the course returned to their government roles. Our colleagues from the employed Bar are talented and courageous lawyers, with a strong sense of duty. I feel confident in the health of our State with such fearless advocates advising our government leaders. On their watch, law crimes like Robodebt should never happen in Queensland.
My first brief was a close call. A direct access by email with instructing solicitor copied-in but uncontactable in Bali. I threw it back before it exploded but Paddy took a section 102NA at short notice. He’ll be ok, but he was the first of our group to make contact with the judiciary. His reckless courage has inspired everyone to consider Legal Aid briefs.
Yesterday, I picked up my horsehair helmet, flak jacket and black poncho from the quartermaster at Ludlows. Exiting, I saw Jade-Ann about to cross no-man’s-land for a counter offensive known as an appeal. I wished her luck and pondered when I might see some action.
As I write to you, I’ve received orders to appear in the Federal Circuit and Family Court – the meatgrinder – where many a brave counsel have fallen foul on account of procedural irregularities. Presiding is Judge Vasta. My client is two years out of time and non-compliant with past orders. If I don’t make it back, tell Mum I packed my toothbrush.
I’m sorry if this letter has caused you distress. I know law stories are boring and tedious. If only someone would tell the pinstripes.