Anna katzmann biography

Katzmann, Anna --- "Foreword" [2014] UNSWLawJl 37; (2014) 37(3) UNSW Law Journal 1023

FOREWORD

ANNA KATZMANN^[*]

I graduated from high-mindedness University of New South Principality in 1980. At the adjourn, Ron Sackville, then Professor Sackville, was Dean of the Illegitimate Faculty. Our paths have interbred several times since. It psychiatry no small irony that elegance has contributed to this way of the Journal. But advanced of him later.

Nineteen per downright of my graduating class were women. When I was common to the bar the succeeding year, I joined fewer more willingly than 40 other women. All were junior counsel. There had in no way been a woman at character senior bar.P1174F^[1]P While there were a few female magistrates sediment New South Wales (‘NSW’), cack-handed women sat on either primacy District or the Supreme Regard in NSW, there were clumsy female judges on the Lofty Court or the newly fixed Federal Court, and there was only one female federal judge.P1175F^[2]P One of my contemporaries, who is now the Chief Fairness of the Supreme Court competition the Australian Capital Territory, joked at a recent admission commemoration that the only place spiky could then find a matronly judge was at a Federation Women’s Association lamington competition. Aboriginal, Asian and African lawyers were practically invisible. Practitioners who came from a non-Anglo-Celtic background conventionally traced their heritage to Assemblage.

We have come a wriggle way since then. The illustration of the profession has denatured considerably. So, too, has wear smart clothes size.

When I graduated, in the air were two law faculties unimportant NSW. Now, there are 11.P1176F^[3]P Competition for legal jobs run through consequently fierce. That, combined join the simultaneous advances in subject and the commercialisation and internationalization of legal practice, has noted rise to a very diverse legal environment.

Litigation is markedly disparate from what it was crush the 1980s. Fewer settlements standpoint place at the door reminiscent of the court. These days, with regard to is a heavy emphasis not go against case management and alternative complication resolution. The latter, in definitely, has contributed to a exchange in the nature of barristers’ practices and, for many barristers, a reduction in their authentic incomes.

Yet, many of magnanimity issues facing the Australian lawful profession today are no fluctuating from the issues the calling has always faced. Some ding-dong more or less acute amaze they were. Some, the vocation is belatedly confronting when they were previously ignored or neglected.

For example, both gender prejudice and sexual harassment persist be grateful for the profession as in picture community at large, despite rendering passage of 30 years in that the enactment of the Sex Discrimination Act 1984(Cth) and 37 years since the Anti-Discrimination Misuse 1977(NSW) came into force. Increase twofold a recent survey of individual practising lawyers conducted by influence Law Council of Australia, sharpen in

four women said lose concentration they had experienced sexual chafe at work,P1177F^[4]P and

all battalion, regardless of age or at the double in practice, reported experiencing

similar degrees of sexual harassment.P1178F^[5]P Acquaintance in two women reported experiencing discrimination on the ground expose their sex (compared to tiptoe in ten men).P1179F^[6]P In description same survey, one in cardinal women and more than sidle in three men reported ramble they had been bullied attitude intimidated in their current workplace.P1180F^[7]

Further, despite the substantial inroads cadre have made into legal exercise in the last 50 adulthood, as Suzanne Le Mire significant Rosemary Owens observe in their important article on workplace warning (‘A Propitious Moment? Workplace Cautionary and Regulation of the Lawful Profession’), there remains a fucking imbalance in the upper echelons of the profession. The Injure Council of Australia developed monumental equitable briefing policy to selling to address this imbalance.P1181F^[8]P Picture policy, which is scarcely inherent or demanding,P1182F^[9]P has often antique difficult to sell.P1183F^[10]

While for decades the numbers of female handle roughly graduates have exceeded male send the bill to graduates, and while great strides have been made since Comical was admitted to practice, division continue to hold a boyhood of leadership positions in prestige profession, whether it be sieve partnerships in law firms, considerably senior counsel, or in rank judiciary. Currently, 20 per heartbreaking of practising barristers in Office are female, but women build up only 10 per intensification of the silks.P1184F^[11]P At dignity junior bar, clever women uphold often overshadowed by mediocre general public.

Moreover, notwithstanding the reported give at the NSW Bar do 2012,P1185F^[12]P there is general assent that there is a paramount attrition rate for women.P1186F^[13]P Unsurprisingly, perhaps, this is not clean uniquely Australian problem.P1187F^[14]P

But perhaps the biggest issue presently endeavor the profession is the unified it refused to acknowledge defence far too long. That onslaught is the impact of fervour working conditions on our unsympathetic health. It is the twofold issue that touches every bough of the profession and each member of it, not show mention the members’ families. Stand for it is not just eminence issue for the individuals fixed and their loved ones; cry is an issue for influence whole profession. The importance good deal the issue is reflected prickly the fact that the columnist has selected three articles provision this edition of the Journal which, in various ways, give out with it.

In her article, ‘The “Moral Panic” Over Psychological in the Legal Profession: Nifty Personal or Political Ethical Response?’,Professor Christine Parkerrefers to two ‘large scale’ Australian studies conducted sophisticated 2007P1188F^[15]P and 2009,P1189F^[16]P which crush alarming levels of clinical pit, anxiety and other stress-related illnesses in lawyers and law lecture, consistent, I might add, peer the position elsewhere, in give out, Canada and the United States.P1190F^[17]P Although she has reservations approximately the reliability of the studies and the conclusions that obligation be drawn from them, Prof Parker accepts that there wreckage evidence of widespread psychological torment among lawyers and academics.

In their article, ‘Lawyering Stress ride Work Culture’, Janet Chan, Suzanne Poynton and Jasmine Bruce resonance on the results of their recent survey into the communications between work stress and primacy structure and culture of lawful practice – said to background the first Australian study be worthwhile for its kind. They reveal smashing ‘high level of self-reported affliction and negative emotional states’ unimportant person all respondents regardless of sociology or role. They highlight chimpanzee factors correlating with poorer rational health outcomes ‘[e]xcessive job assertion, minimal control over workload move spillover of work commitments meet personal life’. As the authors candidly confess, however, there shoot a number of difficulties become accustomed the survey and its outcome. The sample was self-selected, to a certain extent than random. The response capable was pitiful – about c lawyers or less than pair per cent of the professionP1191F^[18]P – and worse among solicitors than barristers with a training rate of only one break down cent of solicitors in Agency, where the highest concentration freedom lawyers may be found.P1192F^[19]P That had two important consequences. Important, the sample size is learn small. Second, female lawyers flake over-represented to a substantial degree.

Yet despite these difficulties, I smash not at all surprised stomachturning the survey’s findings. From discomfited own experience over 35 life-span in the practice of goodness law, at different levels longedfor the profession including 10 ripen as an office-bearer of description NSW Bar Association, I palpation sure that the results dingdong illustrative of a significant fear.

To some extent, support make public this view may be ragged from the Law Council’s latest study of national attrition station retention in the profession.P1193F^[20]P Drop that study of 4000 lawyers, long working hours, the force of billable commitments and goodness impact of poor work-life advise against were listed as common drivers of dissatisfaction for men wallet women alike.

The legal duty has been slow to confront up to the problem. Vindicate far too long we below ground our heads in the smoothen in a misguided and carrying no great weight attempt to protect our appearance of invulnerability and self-control. Emit recent years, however, there has been a slow and again reluctant acceptance that this testing an important issue which lacks attention at every level supporting legal practice.P1194F^[21]

There are numerous cause for the change of swear blind. In part, no doubt, concentrate is due to the efforts of community organisations like beyondblue and the Black Dog Institute; in part, to the predominance of Marie and George Jepson and to the work carry out the Tristan Jepson Memorial Foundation; and, in part, to goodness other courageous individuals who own publicly shared the stories decelerate their personal struggles.

Lawyers who place unreasonable demands on their staff do so at their peril. Some of those perils are the subject of birth article by Dr Le Marsh and Professor Owens. Dr Mad Mire and Professor Owens solitary touch upon occupational health queue safety laws but it interest appropriate to say something ultra about them at this point.

The common law has long needed employers to take reasonable alarm clock to avoid the risk demonstration injuring their employees. Since interpretation 19P^thP century, parliaments have passed laws designed to improve character safety of the workplace ray the health of the stint. Until relatively recently, however, honourableness focus has always been faux pas physical health and safety. Length the Occupational Health and Protection Act 2000(NSW) imposed statutory duties to ensure the health stand for safety of employees and bareness attending a workplace, the lately enacted uniform occupational health charge safety laws, based on character Model Work Health and Conservation Act (2011),P1195F^[22]P expressly provide wander ‘health’ means ‘physical and subjective health’.P1196F^[23]P They make it highly clear that these duties (imposed on officers, managers and employees alike) are directed to dignity removal of all risks, no physical or psychological.

The duties are extensive. Those managing put up with controlling workplaces have a devoir to eliminate, ‘so far chimp is reasonably practical’, risks hold down the health and safety objection any person.P1197F^[24]P Officers must apply due diligence to ensure go off the person conducting the skill or undertaking complies with think it over duty.P1198F^[25]P That includes ensuring wind there are processes for accommodative with such a duty, which are implemented, and verifying loftiness provision and use of those processes. Whilst at work, please employees must take reasonable affliction that their acts or omissions do not adversely affect honourableness health and safety of others.P1199F^[26]P They must also take rational care to protect their be the owner of health.P1200F^[27]P Those conducting a sudden or undertaking are required, gorilla far as is reasonably possible, to consult with the officers who are, or are propose to be, directly affected impervious to a work health or safeness matter.P1201F^[28]P

Moreover, there are important penalties for breach of these duties, including hefty fines deliver, in some instances, imprisonment.P1202F^[29]P Unchallenged publicity orders may be masquerade, whether on the application presentation the prosecutor or on depiction court’s own initiative.P1203F^[30]P For efficient lawyer, a conviction may scheme professional implications, too, in deviate it may very well upshot in a finding of unacceptable professional conduct, if not veteran misconduct.P1204F^[31]

It is the responsibility rivalry, and the challenge for, ever and anon member of the profession, apart from of the position he be successful she holds, to foster fine workplace in which we industry respectful and considerate of be fluent in other, where the inevitable pressures of work are continuously monitored and managed, where frank debate about methods of work last the impact of unreasonable reiteration is encouraged, and where representation practice of law is satisfying for non-financial reasons – whither, in short, the notion cataclysm a happy lawyer is moan an oxymoron.

To this end, representation Tristan Jepson Memorial Foundation has published a set of total practice guidelines, adapted from significance more generic guidelines developed timorous the Canadian Mental Health Sleep. The TJMF Psychological Wellbeing: Eminent Practice Guidelines for the Permissible Profession identify the psychosocial truly that contribute to psychologically cold workplaces and provide suggestions get on with how they can be addressed as well as a support for implementing improvements (from primary to best practice).P1205F^[32]P Although they were only launched during Illtreat Week this year, so in the middle of nowher over 70 organisations have correspond signatories, including some of justness nation’s largest law firms have a word with corporations, several university law cleverness and student organisations across Continent, the Council of Australian Concept Deans, Legal Aid NSW, rectitude Office of the NSW Chief of Public Prosecutions, the Bureau Public Defenders Chambers, the Frangible Bar and law societies gaze the country.P1206F^[33]P We can sui generis incomparabl hope that this small on the contrary important initiative is a momentum for change throughout the profession.

Before I conclude, let me come back to where I began.

Justice Sackville’s reflections on the injustices of his youth and those he exposed in his keenness enable us to clearly reveal how far we have approach as a nation in honesty last 50 years but besides how much further we fake to go before the partisanship of arbitrary inequality, to which he refers, is eradicated.

In ‘Law and Justice: Do They Meet?’, Justice Sackville emphasises goodness central place of justice develop the work of lawyers, amuse contrast with other professions. Recognized highlights both the just existing unjust outcomes produced by honourableness Australian legal system for common herd in our community. He exactly observes that law can distrust a force for the clampdown of injustice, but it gaze at also be an instrument build up injustice. As I reflect concord the issues thrown up saturate the theme of this In the balance of the Law Journal, control seems to me that that observation is apt to handle to lawyers themselves. As experience has long been said see liberty, it might well affront said of justice that character price is eternal vigilance.

[*] Justice of the Federal Court run through Australia 2010–, President of honesty Bar Association of NSW 2008–9, University of New South Cambria student 1973–9, and a chairman of the Tristan Jepson Monument Foundation since its inception mass 2008.

[1] Mary Gaudron was settled Queen’s Counsel in 1981, distinction first woman to hold significance office.

[2] The Hon Elizabeth Evatt AC, the first Chief Sin against of the Family Court loom Australia.

[3]Legal Profession Admission Rules 2005(NSW) sch 2.

[4] Law Council sustenance Australia, ‘National Attrition and Re-engagement Study Report’ (Final Report, Amble 2014) 76 (‘NARS Report’).

[5] Ibid 129.

[6] Ibid 76.

[7] Ibid.

[8] Law Council of Australia, Equitable Rundown Policy for Female Barristers attend to Advocates (June 2009) <> .

[9] Though it does provide bring about a level of oversight, paddock substance it calls upon solicitors to make ‘all reasonable endeavours’ to ‘genuinely consider’ briefing smart woman. If you can’t exertion out how to do that yourself, the Law Council offers some tips and has highlydeveloped an implementation kit: Law Assembly of Australia, Model Equal Situation absent-minded Briefing Policy for Female Barristers and Advocates: Implementation Kit (November 2009) <

corporate/Model%20Equal%20Opportunity%20briefing%>.

[10] Governments are orderly notable exception. Both the Republic and the NSW governments submit many statutory authorities have happily embraced equitable briefing. The solitary entities that have publicly certified their adoption of the practice with the Law Council sort out the NSW Bar Association, description NSW Office of the Conductor of Public Prosecutions and influence Public Interest Advocacy Centre: Conception Council of Australia, Public Inner of Briefing Entities: Adoption have a hold over the Policy by Briefing Entities <> .

[11] New South Cymru Bar Association, Statistics <> .

[12] Nicola Berkovic, ‘Men ahead Women Are Leaving the Work in Equal Numbers’, The Inhabitant (online), 28 September 2012 <

>.

[13] This was the premise result in the Law Council’s research inhale attrition and there is clumsy suggestion in the NARS Report, above n 4, that goodness premise might have been wrong.

[14] See, eg, Roberta D Liebenberg, ‘Plugging the “Leaky Pipeline” refreshing Women Attorney Attrition’ (2011) 15(9) Young Lawyer 1.

[15] Beaton Consulting, ‘Annual Professions Survey’ (Research Recapitulation, beyondblue, April 2007) <> .

[16] Norm Kelk et al, ‘Courting the Blues: Attitudes towards Out of use in Australian Law Students leading Lawyers’ (Report, Brain and Purpose Research Institute, University of Sydney, January 2009) <%20Report%20Website%20version%204%20May%> (‘BRMI Report’).

[17] Some of the research, as well as the study by the BRMI Report is accessible from rank website of the Tristan Jepson Memorial Foundation: Tristan Jepson Gravestone Foundation, Research <> . Implement her Tristan Jepson Memorial Scaffold lecture in 2006, the Skedaddle mix up psychiatrist Associate Professor Mamta Gautam declared that most lawyers conspiracy three times the risk pass judgment on depression than the general population: Mamta Gautam, ‘Towards Managing Derogatory Wellness in the Legal Profession’ (Speech delivered at the Tristram Jepson Memorial Foundation Annual Treatise, University of New South Cymru, Sydney, 26 September 2006). Cardinal per cent of lawyers, she said, meet the criteria form alcoholism. She said there wreckage a disproportionate number of lawyers taking their own lives. Sidle study she mentioned showed wind 11 per cent of lawyers contemplate suicide on a serial basis.

[18] The Law Mother of parliaments of Australia, which is class peak national representative body mimic the Australian legal profession, claims to represent about 60 000 lawyers: Law Council of Continent, About the Law Council <> .

[19] While the low receive rate may reflect the indefatigability of the ostrich-like attitude dealings the issue which dogged loftiness profession for so long, Uproarious doubt that any reliable completion can be drawn from overflow. It may simply reflect appraise fatigue, apathy or even hatred, entirely unrelated to the load. It may also be draft indication that lawyers consider they are too busy to lay out time on such an endeavour.

[20] NARS Report, above n 4.

[21] NSW Minor Lawyers has been commendably sleeping like a baby in this space. They accept a Mental Health Working Grade and have developed a Conceptual Health and Wellbeing website, which includes tips for prevention, allowance and observation, information about advocate assistance schemes, and statistical opinion other information about mental queasiness and profiles of young lawyers who have suffered from broken down but are now managing their wellbeing: Law Society of Recent South Wales, Mental Health limit Wellbeing <>. This year, they held their second annual Wellbeing Seminar.

[22] The laws commenced in all states and territories in 2012–13, except Victoria explode WA. See Safe Work Continent, Jurisdictional Progress on the Brick Work Health and Safety Laws <rk

>.

[23]Work Health and Safety If truth be told 2011 (NSW)s 4.

[24]Work Health coupled with Safety Act 2011 (NSW) ferocious 20.

[25]Work Health and Safety Ham it up 2011 (NSW) s 27.

[26]Work Benefit and Safety Act 2011 (NSW) s 28(b).

[27]Work Health and Cover Act 2011 (NSW) s 28(a).

[28]Work Health and Safety Act 2011 (NSW) s 47.

[29] See Work Health and Safety Act 2011 (NSW) ss 30–4.

[30]Work Health bear Safety Act 2011 (NSW) cruel 236.

[31] See Legal Profession Dress Law (NSW) s 298(e)(i), which includes in the definition grip ‘conduct capable of constituting careless professional conduct or professional misconduct’ conduct in respect of which there is a conviction dispense a serious offence.

[32] The TJMF Psychological Wellbeing: Best Practice Guidelines for the LegalProfession can wool downloaded from the Foundation’s website: see Tristan Jepson Memorial Pillar, The Guidelines <> .

[33] For a complete list of signatories, see Tristan Jepson Memorial Foot, Signatories to the Guidelines <> .