What made you gravitate towards compensation law? Is it an area of practice that you were interested in early on in your career?

I just happened to stumble upon some experience in compensation law when I worked full time at a law firm when I was studying. I didn't really have any expectations about what it would be like.  but once I was in there I immediately found that it resonated with me for a number of reasons. I really like the complexity of personal injury cases. I liked the multifaceted nature of the claims and the fact that they cover various jurisdictions. I really liked learning about the human body and, of course, I really liked helping vulnerable people.

I studied law because I wanted to help people. In fact, I initially wanted to work in human rights. I studied international human rights law and EU law for over a year at the University of Copenhagen. I worked pretty closely with some of my lectures on big research tasks and I got involved at the European law student association. I was convinced that after being admitted then I would return overseas and actually do that kind of work. However, when I came home, I did my PLT and returned to the personal injury law that I really loved. And I came to the conclusion that actually returning to work in personal injury, working closely with individual members of my community that have been injured or abused or psychologically harmed had a greater positive impact and was more fulfilling for me. I've actually never regretted that choice because I really love my job. But I think I needed to experience a taste in international human rights law in order to confirm that's the case. But that's my journey. It took me literally all the way around the world and then back home again to Wollongong, where I’m working now as a Senior Associate.

I guess if anything there's a lesson that turning around and pivoting is not really giving up because it's a good idea to reassess if what you are doing is actually serving you. I’m really lucky I did that because I've found my passion, I think, in personal injury law.

Could you give us an overview of a day in your life as a compensation lawyer?

Absolutely! My gig as a compensation lawyer, we sometimes call it a personal injury lawyer nowadays, is really diverse and it's an absolute whirlwind. I practise personally in all jurisdictions within personal injury. That includes workers compensation, public liability, motor vehicle accidents, asbestos, dust diseases, sex abuse, medical negligence, and super claims for permanent physical disability. So they’re the kinds of jurisdictions that claims fall within. But, within those claims, there are a number of disputes that arise. So you kind of have to work on those on a day-to-day basis. And the kind of disputes that you're looking at as a compensation lawyer is whether or not a subject accident arises from negligence, whether or not and to what extent an injury is caused by accident or something that might be a pre-existing condition, the extent of loss and damage that arises from an injury including, for example, economic loss, a need for past and future treatment, and a need for domestic care and assistance.

In statutory schemes, such as workers compensation and motor vehicle accidents, there is very often a dispute as to whether a certain kind of treatment that's been recommended by a doctor is reasonable and necessary and in fact related to an accident claim. What you need to do is obtain evidence that to ensure that your clients get access to the treatment that they need. And there are also other complex legal arguments that come about when you're in an area that is quite litigious, such as the admissibility of certain kinds of evidence and the extent to which a defendant might be indemnified by an insurer. In order to sort out those kinds of disputes, your day-to-day world is speaking with clients a lot. So you're meeting with clients, you're speaking with them on the phone, you're getting updates from them, you're reading medical reports.

I spend a lot of time interpreting clinical records and radiological scans, reading medical reports, speaking with doctors and barristers, drafting letters of advice, pleadings, and submissions, attending mediations and settlement conferences, advocating for my client in the Personal Injury Commission, and appearing in court. As I said, it's a bit of a whirlwind but each day is very exciting. There are certainly no two clients or two claims that are alike. It keeps me on my feet.

What is the most fulfilling aspect of your job in compensation law?

I really think that the most fulfilling part of my job is every day I get to work towards improving people's lives. I get to form real connections with my clients. They are, in my experience at least, always really grateful for my help and I'm often working for them in what is the hardest part of their lives. I get to be a bridge, if I can put it that way, to helping them obtain some security and some closure in their lives. But in another way, I guess, it's fulfilling because it teaches me a lot all the time. I'm always learning and I’m learning about people, about how our bodies and our minds work. I also get to learn all sorts of other things like, for example, best practices and industry standards in managing risks to physical and psychological injury. If you have a big machinery accident you get to learn about hydraulics and all sorts of things when you need to work out whether the accident arose by virtue of negligence. And so I'm always learning and know cases alike. I think that's something that's really fulfilling as part of the gig.

“I really think that the most fulfilling part of my job is every day I get to work towards improving people’s lives.

Do you find that being drawn into the, often very unfortunate, circumstances of your client's circumstances can be emotionally taxing?

Look, I think that it can be. And, certainly, the factual material that forms the basis of claims can be gruesome. You're dealing often with horrific injuries and injuries that people have sustained from traumatic events. If you're very empathic, you're probably leaning towards this kind of area of the law to begin with. But my advice would be that if you stay on task at your job as the lawyer and you have a strong stomach it actually gives you a little bit more power. I read a lot about managing stress and things like that. We are lucky to practise at a time when there is lots of science about happiness and managing stress. A lot of the research tells us that when you're stressed for a good cause it's a good kind of stress. So, I think it can be used as a vehicle if you can angle it right. But it certainly has the potential to be hazardous and it needs to be managed in that way.

What is the most difficult aspect of your job in compensation law?

Probably the most difficult aspect of being a compensation lawyer is the fact that our industry changes a lot. It changes all the time. It's pretty topical and it means that we do have a lot of legislative change. Getting across new laws and new processes is means that it can be tricky, and you need to be resilient, you need to be able to adapt to change. 

What has been a highlight in your career? What was the most exciting project or memorable case that you have worked on?

One good thing about doing personal injury is that you do get to work in court on matters that are litigated and that often become exciting from a factual perspective but also quite technical. Last year I had quite a big case against the state that actually proceeded to a fully contested hearing and during the course of cross-examination of my client, some of her personal communications were produced. These have not been produced by a subpoena and it led to some really extensive interlocutory hearings. First, we had to obtain the materials that the defendant had acquired by means other than a subpoena. And second, we had to exclude all of that evidence pursuant to what we argued was improperly or illegally obtained evidence. It was really exciting because it involved complex policy arguments about the nature of proper purpose and procedures and the principles of disclosure when it comes to the requirement of parties to put their cards on the table prior to a hearing.

Those interlocutory hearings were really difficult. The majority occurred throughout a lockdown Anne required me to review over 11,000 pages of material in less than a week. I had to organise it with chronologies and all sorts of stuff to make it useful for my counsel. But it was good. The hard yakka paid off and we were successful in obtaining two judgments in our favour and we got an indemnity costs order. It was a memorable case and I think it was an important achievement because I believe there's a lot of public interest in the arguments we were running about the legitimate discovery of personal material, about standing against a tactical decision to create a trial by surprise. We were saying “This shouldn’t happen. What should be the proper process?”.

“Each matter is rewarding in compensation law in its own way because you get to work for people and people can be really inspiring in the way that they overcome adversity.

But I should probably raise that aside from the technical wins and the legal arguments each matter is rewarding in compensation law in its own way because you get to work for people and people can be really inspiring in the way that they overcome adversity. Seeing my clients transform throughout the process is an emotional highlight. I had a client that used art to manage his psychological trauma and he would often use the letters in his case as part of his artwork. It was kind of the substance and the subject of his artwork. After his case settled, he invested in his art, and he also invested his money in supporting other people affected by mental illness by using art as therapy. It's been really successful. He has a yearly art exhibition now for people that use art as an outlet for psychological problems. I go there every year and it was an important part of my career because settling his case has been an empowering catalyst for him to then go on to create waves of positive impact in our community for those that suffer mental illness. As a personal injury lawyer, you get to have a legacy after each case.  and it's not just by virtue of a technical legal argument you run, it's also witnessing a transformation that occurs when you impact peoples’ lives for the better.

How do you manage your work-life balance?

This is a really important question because, in my experience and particularly in that week, lawyers get sucked into the world of the law. It can turn into a bit of a black hole sometimes. I really do believe that the best way to manage your work-life balance is to recognise the importance of a separate life for you outside the law that is in no way affected by how things are going at work. If you don't, in my experience there is a potential for your happiness to be tethered to your work. When you say that out loud it sounds a bit crazy, but it does happen. Sometimes you have great cases and things are going well. You're settling things left right and centre. The world is all sunny and bright. And then sometimes a big case can take a turn, or you need to run a case that is really difficult that you are starting to feel is a massive loser. It's all-consuming and the world gets really dark at that time. Your entire happiness really shouldn't be tied to your work in the same way that it shouldn't be tied to your uni work. These things kind of ebb and flow and it's really beyond your control a lot of the time. So I think that if you're someone who struggles to switch off, someone who is a high achiever like most lawyers and law students are, you need to have a bit more than that.

I've got my international certification and I'm a yoga teacher. I also teach meditation a couple of times per week. This is another job and so it doesn't sound like a work-life balance but it's important because it's another part of me that exists outside of and beyond the law. In addition to doing my usual paid yoga classes, I also teach volunteer yoga and meditation classes to underprivileged people in my community. I've done this with, for example, displaced youth, young mothers that need support, and people suffering from mental illness.

“Altruism, belonging, spending time outside, and physical activity are all important.

Altruism, belonging, spending time outside, and physical activity are all important. I'm lucky to have been able to pursue two different kinds of careers alongside one another and it has forced me to make time for those things that I love to do. But I'm also really lucky to have an identity that is greater than just being a successful personal injury lawyer. I definitely would encourage young lawyers to seriously pursue their passions outside the law. It's not mutually exclusive. I actually wish that I had figured out earlier that you shouldn't just aspire to become a successful, fancy-pants lawyer. You can actually become a lot more than that when you seriously pursue your passions alongside seriously pursuing your career in law.

Do you have any thoughts on how compensation law may develop in the future? Are there any major developments within the industry that may impact your work as a compensation lawyer?

Absolutely! It's always developing and changing. In a way, I feel like compensation law, like all areas of the law, does a good job of reflecting our world. And so, I don't think it's an area of the law that goes away. When one area of our industry shrinks there's always another area that’s growing. People, unfortunately, are always injured physically or psychologically.  they will always need a strong level of support from a lawyer that can help them navigate that. But we've seen a lot of big changes. Recently this year we had the Personal Injury Commission be established. Now that's pretty huge. It's an entirely new commission and it's being cold a one-stop-shop for statutory claims. So in NSW, that's workers compensation and motor vehicle claims; these are claims that are exempt from the court process. And there are some really serious murmurs about the changing structure of motor vehicle accidents that are subject to the 2007 act and in particular the cost structures to be improved. And we know that even the Royal Commission into institutionalised sex abuse several years ago gave rise to the really important changes in the world of abuse law. That area of law is kind of now establishing itself on its own with the abolishment of limitation periods and a shift in the burden of proof. It now provides an alternative statutory compensation that we didn't have before with the national redress scheme that has empowered survivors to share their stories and make claims about how institutionalised sex abuse caused them psychological injury, loss, and damage.

Like virtually every single aspect of our world, personal injury law was greatly affected by COVID. There's a pretty topical debate at the moment about Australia implementing a vaccine compensation scheme. There are about 25 other countries, including our friendly neighbours in New Zealand as well as the UK, Canada, and the USA, that have implemented these no-fault schemes for the unfortunate few that have been unlucky enough to develop some serious disabilities as a result of getting a COVID vaccine or, in fact in the US any vaccine at all.

“Compensation law is a reflection of our world. It adapts a lot and quite quickly to what’s happening in our world.

The expert commentary and statistics are clear that the risks and dangers of vaccines are small but there is inevitably an unlucky few who will develop some serious disabilities. So, on the 2nd of July, the government actually announced that it will be implementing a COVID-19 indemnity scheme. We don't really know the details of that scheme and we don't know how it is structured. But it is important to note that from what we do know, the scheme doesn't prejudice existing workplace rights or other legislative entitlements. It's actually an entirely new avenue for compensation for those who are injured from a vaccine. So that's something that's very new and an example of how compensation law is a reflection of our world. It adapts a lot and quite quickly to what's happening in our world.

COVID also affected the workers’ compensation sphere a lot. An obvious example is that people are contracting the disease during the course of their employment. But a less obvious, but more prominent, example is that people began to sustain quite legitimate psychological disorders during the course of their employment often due to bullying and harassment following failures to properly manage risks or to implement COVID-safe policies and procedures. Again, it's another space in our world that is very new and is still developing.