What does it mean to you to be awarded the 2023 Young Federal Litigator Lawyer of The Year?

The 2023 Young Federal Litigator of the Year award is very great honour. I know so many young lawyers working in this field who are doing fantastic, challenging work, and who are at least equally deserving of this award.

This award also means a lot to me because it is a reflection of the people I’ve worked for, and with, over the years. This award, more than anything else, says to those people that they’ve done a really great job, and I’m very grateful to them.

Over the course of your career so far, what are some of the key highlights you are most proud of?

I have a number of highlights, but four in particular bear mention.

The first was when I was a junior lawyer, and had carriage of two airport planning matters for the Minister for Infrastructure, one in the AAT, and one in both the AAT and the Federal Court.  They were really challenging and hard-fought matters and we succeeded in both.  I learned a lot from those cases about preparation of evidence, written submissions and oral advocacy.

The second was our work for the Commonwealth in the litigation commenced by Robert and Fern Messenger.  They were staffers in Senator Lambie’s office and alleged that their employment was terminated in breach of the general protections provisions of the Fair Work Act.  The claim against the Commonwealth was dismissed and we also secured a costs order, which in a matter arising under the Fair Work Act is no mean feat. Jenny Firkin KC and Chris McDermott were tremendous.

The third was our work for the NDIA in the QDKH appeal to the Full Court of the Federal Court. The appeal resolved an important point of law about the scope of the AAT’s jurisdiction and has significant implications for participants before the Tribunal.

The fourth is our work for the NDIS Quality and Safeguards Commissioner, acting in their first civil penalty prosecution under the NDIS Act. The final hearing is on 28 April.  It is a landmark case arising out of a truly awful circumstances, and it has been a privilege to act in it.

What’s next?  What are your goals for the future?

My wife and I are expecting our first child later this year, which will bring a whole range of new joys and challenges. I mainly just want to be a good husband and dad.

On the career front, more of the same I hope. I’ve had great opportunities at Ashurst and I’m really excited about continuing to build our Commonwealth disputes practice with Melanie McKean (our DR partner in Canberra) and the rest of the firm’s dispute resolution team. 

What would you like to change if you had the power to do so?

A federal, ideally constitutionally-enshrined, bill of rights. The arguments against one are intellectually entertaining but ultimately deeply unsatisfying.  I’m not sure it’s something I’d change if I had the power to, though – reforms like that only survive with popular support. It’s just well past time we got it done.

What advice would you give to a first year law student who is interested in pursuing a career in federal litigation and dispute resolution?

The delightful thing about federal litigation is the breadth of opportunities it affords practitioners, and the rewarding nature of the work. Look for firms that are well-known for their federal litigation work, and do your best to work your way into one that fits with your values. But more importantly, find yourself a team of people you genuinely enjoy working with.