Et Cetera - Intersectionality in the Law (Issue 1)

ET CETERA ISSUE 1, 2025

Law for Every Identity Shaped by Every Identity

ISSUE ONE 2025

ET CETERA Law for Every Identity Shaped by Every Identity

INTRODUCTION Et Cetera is the flagship publication of the Deakin Law Students' Society (DLSS). It seeks to reflect the Deakin Law School zeitgeist of the time, and resonates with the interests of Deakin Law students. It aims to provoke thoughtful discussion on issues relevant to our readers as students, future legal professionals and citizens of the world. The discourse on intersectionality in the law is profoundly significant and demands continuous engagement. We encourage you to delve into these insightful perspectives and reflect on how you can enhance your own understanding and advocacy.

EDITORIAL Priyanka Sharma | Editor in Chief Molly Howie | Editor Sophia Qureshi | Design Diya Matthew | Design

CONTRIBUTORS Angela Cox Benjamin Smith Binti Prasad Elisa Scarica Eugenie Chung Megan Beatrice Rugare Gomo Sophie Lefebvre Zanna Gorfe Zoran Petric

We extend our deepest gratitude to Clayton Utz, whose generous sponsorship and continued support of the DLSS have made this publication possible.

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ACKNOWLEDGMENT OF COUNTRY We acknowledge the Traditional Owners of the land on which the DLSS is founded, the Wurundjeri People of the Kulin Nation. We recognise their continued connection to the land and waters. We pay our respects to Wurundjeri Elders past, present, and emerging and extend this respect to Aboriginal and Torres Strait Elders and people from other communities.

ABOUT THE DEAKIN LAW STUDENTS' SOCIETY The DLSS is one of Deakin University’s oldest and largest student societies. We are a student-run organisation which aims to assist Deakin law students in making the most of their time at law school. Across our portfolios, we work to provide a range of events and services to assist you at every stage of your degree. Whether you want to improve your grades or make new friends, the DLSS is your one-stop shop for all things law at Deakin. For more information you can find the DLSS on Instagram, Facebook, TikTok, LinkedIn, or via our website.

DISCLAIMER This publication is provided free of charge by the Deakin Law Students’ Society. Any opinions expressed in this publication are not to be held as those of the DLSS, Deakin Law School or Deakin University. The DLSS, Deakin Law School and Deakin University do not necessarily endorse these opinions; they belong solely to the authors.

COPYRIGHT This publication is subject to copyright. Except where permitted under the Copyright Act, no part of this publication may, in any form or by any means (electronic or otherwise) be reproduced or stored in a retrieval system or transmitted by any process, without prior written consent from the DLSS.

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LUCY FRENCH 2025 President Welcome!

I am incredibly excited to introduce you to the Communication team's most anticipated publication: Et Cetera.

I trust you will find this edition to be as engaging as I have. Intersectionality is

a

critical

topic

overlooked

due

However,

Et

that

to

its

Cetera

is

often

complexity.

has

skilfully

dissected its significance for us in our everyday lives and the importance of its consideration as we transition from law students into legal practitioners.

It

is

essential

to

reflect

on

how

intersectionality plays out in our lived experiences. theoretically and practically. The overlapping pressures we face, such as academic stress, the drive to build a competitive resume, and the push to gain legal experience and expand our networks, affect each of us differently depending on our identities, circumstances. intersecting

backgrounds,

and

Recognising

these

factors

is

essential

in

understanding ourselves and our peers, and in developing the empathy and awareness

that

thoughtful,

will

shape

inclusive

us

into legal

professionals.

I urge you all to delve deeply into this publication.

The Communications team has truly

iii

excelled in crafting an issue that is extensively

researched

and

highly

relevant. The challenge of achieving equality within our profession remains ever-present.

However, as the issue highlights, it is crucial

to

acknowledge

that

it

is

perfectly acceptable not to have all the answers - and that being open to learning is the best start.

To better recognise intersectionality and improve the experiences of those affected. it is crucial to cultivate a mindset of awareness and empathy across

all

involves

sectors

actively

experiences

of

marginalised

of

society.

listening

This

to

the

individuals

with

identities

and

acknowledging how different systems of oppression intersect to shape their realities.

Lastly, I extend my heartfelt gratitude to

Priyanka

Communications

and team,

the

entire

who

have

worked tirelessly to bring this issue to life. The dedication and effort invested behind the scenes are commendable, and I am confident that every reader of this publication will recognise the immense yielded.

value

these

efforts

have

PRIYANKA SHARMA 2025 Director of Communications It is no secret that the legal profession

whose care, creativity, and conviction

is

of

have guided this publication from its

experiences, identities, and challenges.

first concept to its final proof. Their

For

dedication to amplifying voices with

shaped some,

by

a

this

multitude

journey

is

further

shaped by the intersecting realities of

empathy

and

intention

race, gender, sexuality, and disability

nothing short of inspiring.

has

been

— layers of identity that demand more than

mere

visibility,

calling

for

We

are

sincerely

grateful

to

our

recognition, respect, and meaningful

sponsor, Clayton Utz, for supporting

reform.

this edition and helping us bring these important conversations to life.

This

edition

celebration

of of

Et

Cetera

a

intersections

To our contributors, I would like to

within the legal space. It is a powerful

extend my deepest gratitude. Thank

reminder that our legal identities are

you for trusting us with your stories,

multi-faceted and that is where our

your insights, and your truth. Each

greatest strength lies. Within these

article is a generous offering of time,

pages,

you

resilience,

those

is

will

find

self-advocacy,

transformative

power

experience.

hope

My

is

stories

of

vulnerability, and perspective, gifts we

and

the

are deeply honoured to share through

of

lived

that

this

this platform.

publication does more than inform — it

And finally, thank you—to you, the

invites you to reflect, connect, and take

reader.

pride in the complexities that shape

publication,

your own identity.

toward

By

engaging you

a

compassionate,

are

taking

more and

with a

this step

inclusive, representative

This edition would not exist without

future in law. That is something we can

the brilliant work of my officers, Diya,

all be proud of.

Molly, and Sophia,

iv

By Zanna Gore

By Megan Beatrice

By Rugare Gomo

The Dreaded Question:

WHERE ARE YOU FROM?

By Zanna Gorfe | Lawyer at Clayton Utz

The question ‘Where are you from?; is one we have all been asked before, particularly if you are a person of colour, have a foreign accent or look anything other than the typical 'Aussie', whatever that means. But for me, that question hits home more than any other. It is an incredibly personal question. One that gets me thinking about my journey here to Australia, and the ups and downs of being from many places with many different backgrounds.

It is a question I dread because I could answer it in so many ways. I could answer with complete honesty, meaning a stranger gets my whole life story, or I could answer with a half-truth, leaving important parts of my identity out of the picture. Which option

I

pick

often

depends

on

the

person

asking,

my

relationship with them, and my feelings that day. As a result, the question can invoke feelings of guilt, annoyance, fear or joy and excitement.

To understand why the question ‘Where are you from?’ has such a profound impact on me, you have to understand a bit about who I am. Let's start with my skin colour and my facial features. It is impossible to identify my background by looking at my face or the colour of my skin.

When I have asked people to guess my background, people have said Indian, South African, Mexican and every place in between. I have even had people ask me where I get my fake tan from (usually by a Caucasian woman as I'm grocery shopping at Woolies). My hair does not assist either. I have poker straight brown hair, and none of the kinky or curly hair you would expect of someone with African descent. On top of it all, my strong Canadian accent makes it easy to identify me as an immigrant, although it does not really answer where I am from.

So, where am I from? Well, the quick answer is that I am Ethiopian/Canadian with a Canadian accent and a Dutch passport, who grew up in Ethiopia and has spent less time in Canada than in Australia. Confusing to say the least, and an answer that usually follows with even more personal questions, such as ‘How do you have a Canadian accent if you grew up in Ethiopia? What was it like growing up in Ethiopia?

Where is your family? How did you immigrate to Australia all on your own?’

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For a person who is intersectional, the bombardment of personal questions about your background, your race or your family history can be exhausting. It is also exhausting trying to identify the correct answer to these questions, particularly in the professional setting.

However, that does not mean that the question ‘Where are you from?’ should be asked lightly. Any question that requires a personal answer - an answer that forces someone to share their identity or who they are in circumstances where they may not feel comfortable or are not ready to share such intimate details about their life - should be asked with candour and with respect, at the appropriate time and in the appropriate setting.

Whether intersectional or not, anyone in a professional setting should understand that asking personal questions at work, particularly of someone you do not know well, should be done with care. Imagine asking a white Australian male who you just met whether their family is of a particular socio -economic class or whether they identify as LGBTIQ+. A gay white man who is poor is as much intersectional as I am.

However, my intersectionality is easily identifiable and, perhaps for that reason, people have no hesitation asking me deeply personal questions about my background, my history, and my personal life.

All this is not to say that people should not ask their friends or colleagues ‘Where are you from?’ I am proud of my history and my background. I am proud that I have had a life that is unusual, that was challenging and that helped me get to where I am today. I am proud to work at a firm like Clayton Utz that promotes opportunities like this one, where I get to share my story and explain how my intersectionality has impacted my life, both for the good and for the bad.

I love sharing my story, but it must be on my terms. The same goes to all people who identify as intersectional. We should tell our stories when we are ready, not when we are asked. I want people to get to know all of me, my drive, my desire to be a great lawyer, to give back to this world, because those traits are just as important to me (if not more so at times) as my intersectionality.

So yes, ask me ‘Where are you from?’, but also ask me ‘Why did you want to become a lawyer? What are your hobbies? What do you get excited about in life?’ All of these questions are an important part of my identity, of who I am as a person, and as an intersectional person.

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IN CONVERSATION WITH ZORAN PETRIC

President of Pride in Law (Victorian Chapter) & Barrister with the Victorian Bar Association

Zoran Petric, President of Pride in Law (Victorian Chapter) and Barrister with the Victorian Bar Association, provides keen insight into the interconnected dynamics of professional and queer identity within the legal industry. With over half a decade of experience, Zoran lends his voice on matters of LGBTQIA+ perspectives within the profession, and how he has learnt to be his authentic self, empowering others in turn.

At a personal and professional level, what I’ve realised over time is that your personal identity is probably the most important attribute that you have.

Zoran reminisced about his journey of discovering his professional identity alongside his personal one, and how becoming a barrister helped afford him the freedom to be his true authentic self.

“As I was navigating my professional career, I always felt, in the early days, that I had to conform and be something I wasn’t, and with that came a lack of fulfillment and purpose… If I look back early in my career, talking about my 20s into my early 30s, I think those were the moments that made me genuinely realise what my purpose [is]. And it always came back to me realising, I’m just not being myself.”

“As a barrister and an advocate who predominantly works in criminal law, and within the criminal law I mostly do serious indictable crimes and I prosecute, you’re really able to apply common sense and logic to solve problems. You’re able to confidently tell a story – as a prosecutor you provide a platform for complainants and witnesses to tell their story… By just being you, you apply your experiences, your empathy, your compassion, and bring others on that journey with you.”

When considering the capacity of the community at large’s response to the queer community, Zoran glowingly praised the “plethora of resources” at the community’s disposal and the rapid growth and support the community was receiving.

In narrowing the lens to consider the queer community within the legal profession Zoran commended how “[the community is] seeing the level of education [surrounding the queer community] change and evolve.”

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Despite these positive supports surrounding the queer perspective in the legal profession, Zoran acknowledged that there is still a way to go to bridging the gap within the profession.

“There’s so much unconscious bias, nuance and discrimination, and that’s the grey area that’s hard to address. It’s all about continuing the conversation and being visible.”

Zoran discussed how a large part of building and understanding his identity is steeped in the advocacy he involves himself in. He addressed how important advocacy is as a Barrister and a prosecutor in bringing justice for your clients, and how important it is in building and maintaining community in the context of community being a safe space for queer people. “[Advocacy] builds compassion for others. It’s provided a springboard for me to bring that knowledge into work which then, in turn, educates others.”

Zoran explained how he advocates for himself and others by bringing his authentic self to work. He believes that the best way to bring change is through education, and notes that this can be achieved by embracing the uniqueness and nuances of people.

“For me it’s more about a sense of identity, embracing my individuality, my unique perspectives and experiences in life.”

A large part of pushing for a more open and accepting profession towards people’s diversities starts with recognising and addressing your own unconscious bias. In reflecting on this, Zoran emphasised the importance of looking after yourself to in turn look after the community.

“It’s kind of like treating your values and perceptions like your garden - pulling out the weeds, keeping in shape, and constantly looking after yourself. [Like] self-care.”

In considering the legal profession and how it’s able to accommodate for the uniqueness of individuals within the queer community, Zoran suggested the following changes: “Structurally, we need to allow ourselves more time to look after ourselves… and maybe there needs to be more proactive education in our profession from a higher level.” He also suggested making changes in the environment in which witnesses are questioned, to better accommodate for their needs.

This answer came in response to considering what can be achieved by individuals within the profession, while also acknowledging what can be achieved by the industry at large, such as amending the discrimination laws (a matter for Parliament).

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Finally, Zoran discussed the integration of queer perspectives contributing to social justice outcomes within Australia by fundamentally acknowledging that this “would mean something different for everyone.” Despite the repetitive discourse surrounding the queer community as being unique, in discussion the community can be limited to a whole group, ignorant of everyone’s different views and experiences.

Zoran

powerfully

community]

are

concluded

such

diverse,

the

interview

intelligent,

by

emphasising

creative,

ambitious

that

“[the

queer

and

adventurous

individuals.” His advocacy and work with Pride in Law is allowing Zoran and the industry to open the doors to a more accepting environment, and he firmly believes that a brighter and diverse future is on the horizon.

Ironically, I think the biggest challenge is just getting out of the way of yourself.

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In Conversation With Sophie Lefebvre DIRECTOR OF AUSTRALIAN WOMEN LAWYERS Sophie Lefebvre offers a powerful counter-narrative to traditional legal career trajectories. One that blends introspection, lived experience, and a strategic call to action. Her reflections on the legal profession are not simply sharing her personal achievements, but are reflections on purposeful advocacy and a commitment to reshaping the profession into something more representative, more just, and more inclusive.

Currently Director of Australian Women Lawyers and former President of Victorian Women Lawyers, her leadership has placed her at the forefront of key conversations around gender equity, yet she remains acutely aware of the privilege that has helped her navigate the profession.

The very question of whether organisations like Australian and Victorian Women Lawyers are still necessary strikes at the heart of her mission.

“More than 50% of legal practitioners in Victoria are women,” she acknowledges, “But the sad truth is we're not equally represented at all levels and in leadership positions... and the intersectionality of representation peters out even further.”

For Lefebvre, this isn’t just about optics, it’s about systemic disparity. She draws on a vivid analogy to explain privilege: are you swimming with the current or against it.

Those with privilege aren’t spared from hardship, they face obstacles in their path to success, but if they’re carried forward more easily by the current of their privilege it makes all the difference. In comparison those "without the privilege, are swimming upstream, fighting every inch and facing obstacles.”

Her self-awareness is quite refreshing, she’s candid about her upbringing—as a white woman who was privately schooled—and the ways these experiences both obscured and revealed her own privilege. Rather than disavowing her advantages, she urges others to reckon with theirs.

“I'm 100% aware that I've achieved what I have because I had a good head start in life.

I've always tried to use my privilege to assist others and even the playing field. I've probably gotten it wrong before, and I will probably get it wrong again. One of the things that I'm really keen to make sure that I'm doing is broadening my perspectives.”

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This philosophy underpins her view of allyship, not as performative inclusion, but as a practice grounded in humility and action.

"When I played netball growing up, I was often playing in the wings. I wasn't there to get goals I was there to help the rest of the team, and the phrase I repeated over and over was, ‘here if you need’. That line has stayed with me. To me, that’s what allyship should look like. If you’re someone with privilege and you want to support marginalised communities, your role isn’t to take over or speak on their behalf. It’s to show up, listen, and let them lead. Pass the mic when you can and, when they are tired and need you to speak for them or to your community, to spread the message, you can if you are informed and respectful. Don’t impose your idea of what help looks like. Just be present, stay open, and say: I’m here if you need.”

Lefebvre’s understanding of privilege is grounded in real-world experiences. She reflects on how unpaid internships, cultural capital, and even informal cues like being a member of a football club can subtly influence opportunities in the legal profession. While not inherently negative, these factors can create advantages that aren’t always visible, often reinforcing access for those already positioned to succeed.

“That’s not merit. That’s privilege.”

In her own career, Lefebvre has seen the consequences of entrenched privilege play out. The barriers to board appointments, for example, are not merely about competence, they’re often about time and resources. Volunteer work, often seen as a gateway to governance roles, remains inaccessible to many. She challenges the profession’s reliance on unpaid internships and work experience, recalling her own early years juggling three jobs while studying.

“It is a privilege to be able to do work for free,” she says.

But there is a cost to being an advocate, and Lefebvre reflects on the emotional labour of constantly representing one’s identity, which she says can be exhausting.

“If you are only asked to speak on your experiences as a queer lawyer, or as a disabled lawyer, or as a lawyer of colour, it can feel as if your views are not your own but the views of a whole community.”

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Which is why in her view allyship, particularly from people in positions of privilege, must go beyond optics and into the work of consistent, quiet support. That means listening more, speaking less, and knowing when to pass the mic. Intersectionality is not an optional add-on in her feminism, it’s the foundation.

“Women are not a monolith. Queer people are women. People with disabilities are women.

Indigenous Australians are women. If your feminism isn’t intersectional, it’s not feminism.”

These reflections underscore her broader point: that success in law is too often mistaken for merit when it is, in fact, deeply intertwined with systemic advantage.

And yet, Lefebvre doesn’t dwell in cynicism. She believes in the power of transformation of communities, of institutions, of individuals.

“You’re joining a profession and that means you’re joining a community,” she tells young women entering the field.

“You don’t have to accept ‘we’ve always done it this way.’ Acknowledge the past, learn from it and respect those who brought us this far, but shape the future. Create the legal profession in the way you want it to look. Stay connected. Build your village. Be a villager.”

Her message to those with privilege is equally unflinching, yet compassionate: “I'm not sure you can win someone over by shaming them. Telling someone they have privilege, and that they should feel bad about it, may only make them dig their heel. But you can help them reflect. Ask: were you running a race with little or no hurdles? If yes, can you see a way to help others clear theirs and make the race easier for the next generation?”

In a profession built on precedent, Sophie Lefebvre reminds us that change begins not just in the law books, but in the conversations we’re willing to have with each other, and with ourselves.

And sometimes, the most radical thing we can do is ask the right question—and listen, even if we don't like the answer.

S o p h i e L e fe bv re s h a re d h e r t h o u g h t s w i t h u s i n h e r p e r s o n a l c a p a c i t y a n d d o e s n o t re p re s e n t h e r e m p loye r.

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In conversation with

Angela Cox

Principal at Special Voices Disability Law and Advocacy

In the legal profession, intersectionality is not just a theoretical notion; it is a lived reality that shapes the careers and lives of legal professionals like Angela Cox as well as her clientele. Angela, the principal at Special Voices Disability Law and Advocacy, brings a vibrant perspective to her field, informed by her own experiences.

“Intersectionality starts with understanding oneself.”

As a woman with a diverse background, including having a migrant Arab mother, Catholic faith and siblings with disabilities, Angela embodies the intersectional challenges she navigates daily believing that, “understanding the multifaceted aspects of one's own identity is critical in any profession, but it's particularly valuable in legal practice,” she states.

Angela’s approach to law is characterised by a personalised touch, which she believes is essential in navigating the complexities of disability law. “This selfknowledge enhances my empathy and allows me to connect more deeply with my clients, many of whom are dealing with disabilities themselves, have family members with disabilities, or come from non-English speaking backgrounds. I encourage young lawyers to engage in this introspection as well."

Through her discussion of the universal challenges presented by disability, Angela identifies the indiscriminate nature of these challenges. “Disability does not discriminate, it can affect anyone. The spectrum of my clientele illustrates that disability can impact anyone, regardless of their socio-economic status.

This

reality

is

reflected

in

the

diverse

backgrounds of my clients. I have worked with parents who are adopters, from Anglo-Saxon backgrounds, are quite wealthy, as well as single mother African refugees living on the margins of society.”

This profound connection to her work stems from Angela’s first hand understanding of the challenges faced by those living with disabilities, as well as

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their families.

“I recognised a significant need for specialised legal services in the area of disability law many years ago, which led me to establish my own practice to address this demand. The journey has been challenging, especially as I've attempted to expand. Growth has come with its own set of difficulties due to limited resources.”

Her practice is a testament to the diverse spectrum of disability, demanding a tailored approach to each client's unique needs.

“My primary work involves helping parents appeal administrative tribunal decisions concerning funding for their children’s needs, often under emotionally charged circumstances. Despite the inherent challenges of managing a private practice, I make efforts to adjust my fees for less affluent clients and refer complex cases to funded organisations when beyond my firm's capacity. This balance helps me maintain service quality while managing my practice's demands.”

However, maintaining such a personalised service is not without its challenges.

“One of the primary systemic barriers in the field of disability law is the scarcity of affordable or free advocacy services, coupled with a limited number of lawyers who offer their expertise at reasonable rates.” she states, highlighting the difficulties of providing extensive pro bono work due to the intricate and resource-demanding nature of cases that often involve severe mental illnesses, disabilities, or family violence.

The disability law sector is ever changing and Angela put emphasis on the fact that sometimes these changes are not always positive. Angela points out; “For instance, in October last year, the National Disability Insurance Scheme (NDIS) Act underwent significant amendments. These reforms led to the creation of various new rules and made the legislation extraordinarily complex. Moreover, the NDIS often introduces its own policies and interpretations, which frequently do not seem to align with established laws, further complicating matters.”

The complexity of the system, intended to improve efficiency and reduce fraud, ironically adds to the burden, leaving both service providers and families of people with disabilities feeling overwhelmed. This complexity affects not just the individuals directly involved but also their carers parents.

“I believe that understanding the

multifaceted aspects of one’s own identity is critical”

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To combat these challenges, Angela has used her personal experiences and professional insights to emphasise the importance of increased awareness and training about disabilities within the legal profession. She recalls attending a Continuing Professional Development (CPD) event which highlighted the evolving focus of legal training towards understanding and managing soft skills, crucial for handling sensitive cases involving disability and intersectionality.

“I've focused on efforts like hosting Law Week talks, contributing to various publications, and offering free webinars presented in plain English. These initiatives are designed to empower people with knowledge, [and] respond to queries at no cost.”

However, accessibility still remains as a significant hurdle in legal services for people with disabilities.

“There’s a systemic issue in the disability sector, especially within the NDIS, where families without financial means or access to advocacy often receive significantly less support. Those who can’t afford legal advice or don’t know how to navigate the system often don’t appeal decisions — and as a result, their children might get as little as $17,000 to $20,000 in funding, compared to $120,000 to $130,000 with proper representation. This isn’t just about money — it’s about justice. For years, advocates have been calling for more equitable access to resources and support, so that every person, regardless of their background, has a fair chance to fight for the care they deserve.”

Through her work and advocacy, Angela identifies the critical need for the legal profession to adapt to serve an increasingly diverse population effectively.

“My experiences—both in personal practice and in observing the broader legal community—highlight the need for greater awareness and understanding of mental health and cognitive disabilities. Lawyers will benefit from more exposure to and education about these issues. This is why I believe in the importance of advocacy, to raise awareness among my peers in the legal profession about the unique challenges faced by this demographic.”

Ultimately, Angela Cox's work and advocacy articulate a clear and compelling call to action for the legal community to embrace intersectionality as a foundational element of justice and advocacy. By doing so, the legal profession can ensure fair and effective representation for all individuals, regardless of their backgrounds or challenges. As Angela reflects on her journey and the broader implications of her work, she envisions a future where disability law is recognised as a distinct and crucial field within legal education, essential for addressing the diverse needs of an increasingly varied population.

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Tutor of Business Law at the Australian College of the Arts Lawyer for the Asylum Seekers Resource Centre 2018 - 2021 Elisa

Scarica,

a

current

tutor

of

Elisa shared the precarious life asylum

Business Law at the Australian College

seekers live and the balancing act they

of the Arts, and with eight years of

played merely to survive.

experience in immigration and refugee law, offers thoughtful insight into the

“Often, we were working with people who

field of refugee law. She shares some of

were not even on temporary visas, they

the life-changing stories of her clients

were on bridging visas, and so they were

from her time at the Asylum Seeker

living day to day. On a bridging visa you

Resource Centre (‘ASRC’) and offers

often don’t have access to work rights –

her perception of how people escaping

sometimes you do, and other times you’re

persecution work to find their footing

working

in Australia.

fraught with danger.

Elisa opened up about the intersection

But you’re needing to feed your family or

of

personal

feed yourself. You couldn’t study either –

identity through her work in refugee

technically, their kids couldn’t go to

law.

after

school… it was really because the legal

starting her family, she seemed to be

system was so harsh. And it still is for

sitting at home yelling at the TV in

immigration, to be honest.”

her She

response

professional reflected

to

surrounding

the

and on

how,

political

refugees

and

for

cash-in-hand,

which

is

media asylum

seekers.

“I would sit there and get really angry, and people would say ‘Well why don’t you do

something

about

it?’”.

Elisa

acknowledged that this was the spark which pushed her back into the legal sphere, at which point she started volunteering with the ASRC. “I thought the corporate side [of law] didn’t interest me... my passion lay in international human rights law, and I was always hoping to get involved in that side of things.”

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In saying this, Elisa also touched on the community in supporting families who struggled to support themselves.

“Often

you

found

that

people

in

the

community were so generous, and schools across the board would assist families so that they would allow the kids to go to school there.”

Elisa

critically

monologue

of

shared being

her a

internal

lawyer

and

working with such confronting cases.

“That’s a real issue – when you’re qualified as a lawyer and you can do the legal side of things, but when someone’s asking you ‘Where am I going to get food from?’ ‘I can’t pay my rent’ [you can’t help them].”

She

also

talked

between

about

“empowering

the

fine

line

people

to

help

themselves” and being “seen as someone trying to solve all [her client’s] problems”.

Through

saying

this,

Elisa

admirably

touched on the balancing act of helping people and families seeking refuge to find their own footing while “not trying to be a saviour to people”, acknowledging how important it is to allow people to maintain their own autonomy.

time

working

with

her

tribunal member or immigration officer has access to that when they’re deciding on their case.”

A very important part of supporting a community from the outside, especially one

from

a

bias. “I would have to stop and check sometimes.

We’re

raised

in

a

Western

society and often can’t see some of the issues

people

from

culturally

diverse

backgrounds face. Particularly with refugee claims, I often had people who were queer. I think the approach that was taken, often by

clients

[ignorant].

In one case I was reading about, the officer would say ‘To prove

stories.

that you’re gay, don’t you go

“I was given this guidance from a more

to gay

senior lawyer, who said a good [practice] is

bars?’

to get their story on paper, so that they don’t have to relive it and retell it over and

13

diverse

background, involves managing your own

involved her helping to write down their

over again.

culturally

a lot of the immigration officials, was

Elisa shared that an important part of her

Their story is then recorded, and any

[Refugees]

are

fleeing

harm

and

persecution in their home countries. The immigration system is not set up [to support that].”

Finally, Elisa shared the following story of one of her clients which gave her hope that despite the immigration system’s failures, there is hope that things can get better.

“I assisted a client who was a trans woman from Malaysia. [She had a] really difficult story with family and particularly with her own father, and [For] people from diverse backgrounds that are not a Western based system, that’s not part of their queerness. They wouldn’t go to [gay] bars, because culturally, it’s not something that they do.”

Elisa

explained

the

the approach of the tribunal was, just, really

great.

They

recognised

[her

trauma]. Her case was heard at the tribunal as a first instance case, and the tribunal member, I knew she was quite good and quite understanding.”

importance

of

monitoring yourself and the biases you hold when supporting others and being careful not to project your own beliefs or expectations.

Elisa reflected on how, by providing the Tribunal with an in-depth written account

of

the

client’s

Tribunal

member

didn’t

story,

the

have

to

interrogate the client as much –“we

In discussing what’s needed within the immigration system to better support people seeking refuge, Elisa how she felt that the system failed at adequately supporting asylum seekers.

didn’t have to re-traumatise anyone in that

tribunal

setting.”

This

was

a

pivotal moment that cemented, by writing down people’s stories, legal professionals helping asylum seekers are able to preserve their safety and

“The immigration legal system is not set up

wellbeing as they progress through

in the way I understood the legal system to

the gruelling refugee process.

be set up. Particularly for refugees, I believe it’s a separate system

Despite the cold and harsh nature of

to the regular immigration

the system which people use to seek

process…

asylum, Elisa recognised that by using empathy

and

humanity

we

can

support people to rediscover their own autonomy and find safety from persecution.

14

On Wednesday 12 March 2025, new bails laws were introduced in Victoria, described as ‘the toughest bail laws in Australia’. 1 The new bail tests contained in the reforms will be ‘extremely hard to pass’ and will remove the presumption which currently makes remand a last resort for youth offenders. 2 Victoria has, in recent history, embraced a ‘tough on crime’ approach to bail, which has typically had a disproportionate effect on vulnerable populations. 3 Whilst this article acknowledges the various populations to whom these bail laws may pose a threat, the focus here is on

First

Nations

women. 4

Specifically,

this

article

applies

a

three-point

intersectional lens to this most recent reform and its likely effects on First Nations women in the Victorian criminal justice system (CJS).

Bail Reform The death in custody of First Nations woman Veronica Nelson on 2 January 2020, where she was held due to her inability to meet strict bail provisions, triggered reforms to the Bail Act 1977 (Vic) (‘the Act’). These reforms included: removing the tests for bail in cases where the applicant has been charged with minor offences like shoplifting (a charge which Nelson faced); focusing the ‘unacceptable risk’ test on safety and welfare rather than reoffending; and mandating consideration of Aboriginality in bail decision-making. However, recently there has been a backflip on these reforms, which have been declared to be, in hindsight, ‘wrong’. 5 The new bail reforms promise ‘to target repeat offenders of the worst crimes… bail can’t be granted to someone who is accused of committing a serious offence if they are already on bail for a similarly serious offence’. 6 While it is indicated that ‘serious offences’ will include ‘serious … weapon offences’ and ‘non-aggravated home invasion’, 7

1 ‘Tough Bail Laws to Keep Victorians Safe’, Premier of Victoria (Press Release, 12 March 2025) <https://www.premier.vic.gov.au/tough-bail-laws-keep-victorians-safe>.

2 Ibid.

3 See for example: Richard Willingham and Jane Lee, ‘Third Strike leaves Daniel Andrews’ Tough on Crime Policy Looking a Bit “Botched”’, The Age (News Article, 11 May 2017) <https://www.theage.com.au/national/victoria/supreme-court-rules-again-that-children-should-not-be-held-in-adult-prison-20170511-gw2ddm.html>; Victorian Equal Opportunity and Human Rights Commission, 2020 Report on the Operation of the Charter of Human Rights and Responsibilities (Report, 2020) 92; ‘Andrews Government’s Proposed Bail Changes Fall Short of Recommendations’, Human Rights Law Centre (Online Report, 15 August 2023).

4 See Megan Beatrice, ‘Incarcerating First Nations Women in Australia: A Case for Intersectional Analysis’ (2024) 50(2) Monash University Law Review 1.

5 Dechlan Brennan, ‘Bail Changes After Veronica Nelson’s Death Were “Wrong”, Victorian Premier Says’, National Indigenous Times (News Article, 12 March 2025) <https://nit.com.au/12-032025/16757/bail-changes-after-veronica-nelsons-death-were-wrong-victorian-premier-says>.

6 Ibid.

7 ‘Tough Bail Laws to Keep Victorians Safe’(n 1), emphasis added.

15

the boundaries around what constitutes ‘serious crime’ remain unclear, and confer a significant degree of discretion on bail decision makers. In Coroner Simon McGregor’s report into the death of Veronica Nelson, the Coroner called for a legislative response to bail reform to address what he perceived as a ‘complete and unmitigated disaster’, 8 which ‘disproportionately affected’ First Nations women. 9 This raises a crucial question: Why do “tough” bail laws disproportionately affect First Nations women?

Three-Point Intersectionality “Intersectionality” was introduced by Kimberlé Crenshaw to describe the experience of women whose discrimination is compounded at the intersection of two distinct points of disadvantage; for Crenshaw, “gender” and “race”. 10 Intersectionality is not concerned with the concurrent experience of two or more disadvantages, but rather the compounding disadvantage which creates a new, and unique, point of discrimination. Others have left the theoretical door open to consider any inequality which constitute a point of disadvantage, 11 and so I would like to propose here an additional point of intersection for First Nations women involved in the Victorian bail system: “colonialism”.

There are many examples in Australian law of “watershed” reforms addressing the issue of race. For example, the case of Mabo is credited with overturning the doctrine of terra nullius. 12 However, Nicole Watson argues that Mabo is Australia’s Brown v. Board of Education, an apparently radical case which addressed issues of racial discrimination. However, there is some argument from a Critical Race Theory position that both cases are little more than ‘sterile symbolism’, 13 having no true effect on the impact of race on First Nations people in the legal system.

Adding gender as a point of disadvantage to this intersection, it becomes apparent that First Nations women are in a unique position. This population, at the intersection of race and gender, are disproportionately affected by bail reform, particularly in the context of the unanswered question of ‘serious crime’; is there, for example, a cultural component in determining “seriousness”? Misidentification of perpetrators in family violence orders disproportionately affects First Nations women in Australia; 14

8 Coroner Simon McGregor, Inquest Into the Passing of Veronica Nelson (30 January 2023) 13.

9 Ibid 20.

10 Kimberlé Crenshaw, ‘Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics’ (1989) 1 University of Chicago Legal Forum 139.

11 Sumi Cho, Kimberlé Williams Crenshaw and Leslie McCall, ‘Toward a Field of Intersectionality Studies: Theory, Applications, and Praxis’ (2013) 38(4) Signs 785, 788.

12 Mabo v Queensland (No 2) (1992) 175 CLR 1.

13 Michael Dodson in Nicole Watson, Aboriginal Women, Law, and Critical Race Theory: Storytelling from the Margins (Palgrave Macmillan, 2022) 25-26.

14 Djirra, Inquiry Into Capturing Data on Family Violence Perpetrators in Victoria (Report, 27 May 2024).

16

if a First Nations woman is incorrectly identified as perpetrating an assault for the purposes of a family violence order, and she is subsequently charged with a similar offence, is she likely to be denied bail under the new reforms? If she is prohibited from entering the family home, where her children reside, under the conditions of a family violence order, and she has the intention of taking items (which may in practice belong to her), is she likely to be charged with non-aggravated home invasion and, therefore, denied bail? 15 If she is denied bail, are her children more likely to be removed from her care permanently? 16 These are but two examples of how the two-point intersectionality of First Nations women in the CJS are disproportionately affected by the bail reforms.

I now introduce “colonialism” to establish a three-point intersectional lens which could assist in understanding the ways in which First Nations women will likely be disproportionately affected by the new bail reforms.

The notion of “deep coloniality”, developed by decolonial theorist Deborah Bird Rose, refers to the circumstances in which colonial policies and practices are so deeply embedded within apparently “decolonial” structures as to effectively be invisible. 17 This reflects the colonially-enforced ‘erasure’ of First Nations women; 18 a twin process of ‘progress’ in ”watershed” reforms on the one hand, and the colonial structures of Western society working for the ‘destruction’ of First Nations society in casting a wide net for bail on the other. 19 A First Nations woman is excluded from the identity of “woman” because she is racialised; she is excluded from categories of “race” because she is a woman. However, a First Nations woman is also excluded from ‘colonial social infrastructure’, including the CJS and its structures, like bail laws, as an operation of colonialism. 20 It is therefore imperative that in formulating and implementing bail laws, close attention be paid to the unique and specific three-point intersectional experiences of First Nations women whose societies, and communities, are under attack by the Western definition of ‘progress’. Simultaneously, this population of First Nations women are facing the active ‘destruction’ of their lives quite literally, in the case of women like Veronica Nelson, and so many others, by the reformulation of bail laws.

15 For the elements of home invasion see Crimes Act 1958 (Vic) s 77A. 16 See for example: B.J. Newton, ‘Aboriginal Parents’ Experiences of Having Their Children Removed by Statutory Child Protection Services’ (2020) 25 Child & Family Social Work 814.

17 Deborah Bird Rose, ‘Land Rights and Deep Colonising: the Erasure of Women’ (1996) 3(85) Aboriginal Law Bulletin 6.

18 Ibid.

19 Ibid. See Nicole Watson’s critique of Mabo in: Nicole Watson, Aboriginal Women, Law, and Critical Race Theory: Storytelling from the Margins (Palgrave Macmillan, 2022).

20 Megan Beatrice, ‘Death in the Deep Colony: Intersectionality, Human Rights, and Bail Reform’, The Power to Persuade (Online Article, 22 February 2023).

17

Binti

IN CONVERSATION WITH

Prasad,

Head

of

Commercial

Litigation at Hunt & Hunt Lawyers in Victoria, provides a profound insight into the evolving dynamics of diversity and intersectionality within the legal profession. With over twenty years of

HEAD OF COMMERCIAL LITIGATION AT HUNT & HUNT LAWYERS

experience,

her

emphasises

both

career

trajectory

challenges

and

substantial progress in areas of gender and

cultural

picture

of

diversity, the

painting

legal

a

landscape

transforming over decades.

Early in her career, Binti worked in criminal law, and her journey deeply influenced her professional conduct and advocacy. She was involved in pro-bono work for marginalised communities, which was both professionally fulfilling and personally resonant. When discussing how her cultural background and gender have informed her empathy and passion for advocacy, Binti revealed that: "You tend to feel more passionate and have more empathy," towards how personal experiences can profoundly impact professional roles.

When making the switch to Commercial Litigation, in the early days of her career, the professional environment was significantly different from today. Binti often found herself as one of the few young women, particularly from a diverse cultural background, in high-conflict commercial litigation settings.

Reflecting on those times, she notes, "The first thing that comes to mind, and it’s not a challenge I face now, but certainly when I first started in law about 20 years ago, being a young female in what was, and probably still is, a male-dominated field was a significant challenge."

A pivotal moment in Binti’s career was her promotion to a leadership role, marking a significant step forward for diversity within her firm. With this advancement, support

she

was

meaningful

positioned changes

to and

advocate more effectively for gender equality. As I became more senior and headed

up

the

team,

influence.” she shares.

I

had

more

“We're having more conversations about intersectionality, diversity and equity, which shows great progress compared to even just a decade ago” 18

This opportunity enabled her to champion the careers of more women in the field encouraging

diversity

and

equity.

Binti’s

participation

in

discussions

on

intersectionality, and the creation of a Women in Law Group at her firm, highlights the value of these platforms in sharing experiences and strategies for navigating the complexities of intersectionality within professional settings. Such conversations are vital for advancing understanding and fostering a supportive community that recognises and values the multifaceted identities of its members.

Binti has also observed significant progress in diversity and inclusion, witnessing a wealth of change within the industry.

“Many firms have embraced of the Law Council of Australia's Equitable Briefing Policy. I'm also aware the Victoria Legal Aid has launched a pilot Equity and Diversity List to help lawyers find and brief diverse counsel. There has also been a huge increase in firms adopting diversity and inclusion strategies. A few years ago, at my firm, we established a Women in Law Group as well as a Diversity and Inclusion Group. Some of the initiatives that have come out of these groups include mentoring programs, round table

discussions,

fundraising

for

disadvantaged groups as well as firm-wide celebrations of culturally significant events like Ramadan or Diwali. Additionally, we've provided unconscious bias training for our partners.”

Looking to the future, Binti remains optimistic about the continued progress in addressing intersectionality within the legal profession. The introduction of equitable briefing policies and diversity mandates from corporate and government clients is driving change, ensuring a more inclusive legal landscape.

"It's fantastic," she remarks, pleased with the increasing awareness and concerted efforts that promote diversity. "There's significantly more awareness now about diversity and inclusion, especially with big corporate and government entities requiring firms to demonstrate their commitment through policies. This kind of representation is encouraging as it highlights the strides we've made in diversity. We're having more conversations about intersectionality, diversity and equity, which shows great progress compared to even just a decade ago.”

19

Despite the strides made in enhancing diversity within the legal community, including the judiciary and senior partnership levels, Binti acknowledges that there are still gaps that need addressing. She calls for continued efforts to increase the representation of diverse backgrounds in high-impact roles, ensuring that progress continues towards a more equitable profession.

“I believe it’s a great time to be entering the legal profession.”

“While there are still challenges and work to be done, much of the hard work has already been accomplished. There are now more women,

and

women

from

diverse

backgrounds in leadership positions which makes this an especially promising time for females to join the legal field.”

In advising young South Asian Australian women entering the law, Binti emphasises the

importance

of

authenticity

and

resilience. She advises, “Build networks, find mentors, and just be authentic. Don't try to change yourself to fit what you think is the right mould. It's not always easy but trying to be someone you aren’t is too hard and exhausting.”

Through her experiences and insights, Binti not only highlights the challenges faced by individuals at the intersection of various identities in the legal profession but also celebrates the positive changes and ongoing efforts that contribute to a more inclusive and equitable professional landscape. Her narrative is a testament to the power of resilience, advocacy, and progressive leadership in transforming traditional spaces into environments where diversity is not just recognised but valued and leveraged for just legal practice.

Binti Prasad’s journey and leadership forges the path forward for diversity and intersectionality in the legal sector. Her story encourages ongoing dialogue and action towards a more inclusive profession, where every individual, regardless of gender or cultural background, can thrive and contribute meaningfully. This comprehensive narrative not only captures the essence of her professional life but also serves as an inspiration for the next generation of lawyers.

20

HOW INTERSECTIONALITY INFLUENCES LEGAL EXPERIENCES AND OUTCOMES

By Rugare Gomo Best-Selling Author, Founder of The Gomo Foundation and Lawyer Intersectionality: “a framework for understanding how different aspects of a person's identity—such as race, gender, class, sexuality, ability, and more—intersect and interact to create unique experiences of discrimination or privilege.” 1 “Intersectionality helps ensure that policies, conversations, and movements are inclusive of people whose experiences don't fit neatly into one category. It pushes us to look deeper and consider how power structures overlap.” 2 I am the ULTIMATE golden child of intersectionality: I am gay, black, an African migrant and autistic. My identities are both a disadvantage and a privilege.

What does intersectionality mean to me?

Whilst intersectionality has helped me be a successful person, as I have had to overcome homophobia and racism, it has also meant that people I interact with who have no experience of my life situation have no empathy to make decisions that uplift me to participate powerfully in society.

I have mixed feelings about the use of the word intersectionality. It requires a high level of understanding of yourself and lots of personal development to even understand who you are to effectively apply it. Sadly, most people don’t have that kind of awareness, let alone decision makers. It’s like asking me the definition of quantum physics, which I have no knowledge about. If you, as an everyday person, do not face the challenges of intersectionality how can you understand it. The everyday person

isn’t

talking

about

intersectionality,

they

are

talking

about

racism,

homophobia and discrimination.

I feel it could be simpler talking about whether I empathise and love people who are not like me, and this question immediately reveals our ignorance of the other. We must not have righteousness about what we think we need to do, or not do, and instead put in the effort to be curious of people unlike ourselves.

1 ChatGPT, What is Intersectionality, OpenAI, April 9, 2025. https://chat.openai.com.

2 Ibid.

21

As Beyonce says in her song: Alien Superstar, ‘Unique, that is what you are’. Yes, we are unique, that means we actually have to be curious of people different from ourselves.

The lack of understanding of intersectionality in organisations has devastating consequences. I have been denied income protection insurance as a gay and black man, as the insurers couldn’t understand my life experience. What an injustice.

The evasive questions asked about my sexuality was shocking.

“Have you had therapy? How long have you had therapy for? Why do you see a masseuse? What medications are you taking?”

I am a gay African man.

I was relegated to being vulnerable economically and with my health, compared to other people who are not gay. Some of you may be thinking, that could not be the whole picture. That right there is what keeps the issues for people like us unresolved.

My courage to live my true self in a world where I could be abandoned by my family, face homophobia in society, be killed and must fight to have the same rights as others just to live my birthright, has been traumatic.

I don’t think I am a ‘weak’ person. I have done many hard things in life. However, I am a victim to the system, and it is unjust. I am a victim to decision makers not understanding my life experience all the time. I am told that I am not to live as a victim to my circumstances, that it is shameful to live as a victim. But for true agency over my life, I first accept, that I am a victim to the system, then I determine how I want to live an empowered life.

Living outside the system has taught me to be a pioneer, think outside the box, be creative, write books, start not-for-profits, run my own business on my terms, save my money to look after myself and my family. Discrimination and prejudice, has taught me to know myself, understand people from different nationalities, cultures and political beliefs. It has taught me love. It has taught me to be the kind of leader that can design, create systems, organisations and spaces that are inclusive.

22

Here are some things I do to keep expanding my empathy and love for other people: 1. I interact with people who are not like me.

2. I ask my friends from cultures, other than mine, to recommend books from their cultures that I can read.

3. I watch foreign made movies or tv series which enhances my perspective of life.

4. I go to the AFL and try to understand what the big fuss is all about. OK, I lie, the last time I was at the AFL was probably 15 years ago ☺.

5. My husband and I entertain people who are new migrants to Australia into our home and make them feel welcome and really listen to what life is like for them on a daily basis.

6. I volunteer to really get connected to issues that are specific in communities. I volunteer in the gay community and also the neurodiverse community, it allows me to learn about me more, and learn about and advocate for others in spaces that are not like mine.

7. I join groups that are not like mine as my presence is enough to start reshaping how people think.

For me, intersectionality is a disadvantage, and it is a privilege. My experience of life teaches me that when I take care of the person who is most excluded and affected, it elevates the entire community and consciousness of humanity.

So, I ask you today, will you dare grow your empathy and love people who are not like you? Be responsible for the power you will hold when you choose to love.

I always love hearing from others, so feel

free

to

reach

out

connect@rugaregomo.com

23

to

me:

For Ben, a law student part of the LGBTQIA+ Community and current Social Justice and Equity Director of the DLSS, studying law was never just about lectures and legal theory, it became a pathway to something greater: representation, advocacy, and meaningful change.

“When I first started my degree, I just thought law would be fun,” Ben reflects. “I imagined it as a stepping stone into politics but being part of the Social Justice portfolio reshaped that. It showed me that the legal system itself can be an engine for change.”

Inspired by events like the DLSS panel with Justice Michael Kirby, Ben saw firsthand how the law can intervene where politics stalls and how courts can make space, set precedent, and push for equity in ways legislation sometimes cannot.

This

shift

in

thinking

highlighted

something powerful: that identity and advocacy don’t exist at odds within the law.

“Being part of the LGBTQIA+ Community has made me more empathetic,” he says.

“When

you're

working

in

areas

like

criminal or family law, you see that it’s

Director of Social Justice and Equity at Deakin Law Students’ Society

not just about rules, it’s about people.

Having lived experience can help you connect, listen better, and understand the full story.”

While Ben is still exploring exactly where his career will take him—perhaps the Bar, or even on the Bench—his ambitions remain rooted in impact.

“I want to help shape a more inclusive legal system,” he says. “Whether it’s through representing clients or influencing reform, I want to be part of that progress.”

Yet while Ben’s experiences have been shaped by hope and growth, they’ve also been shaped by the gaps that still exist.

“Finding mentors hasn’t always been easy,” he admits. “There’s no guidebook for finding a lawyer who shares your lived experience.”

24

Most of his mentors have emerged through chance conversations or unexpected commonalities. “They didn’t advertise that they were part of the LGBTQIA+ Community, we

connected and

later, found that we shared that part of our identity.” This, Ben

believes, is part of the issue. Visibility matters, not just for validation, but for belonging.

“Having someone who gets it, without you needing to explain it and someone who understands your context, that’s invaluable. Whether it’s about navigating law school or the profession, that connection gives you confidence.”

This sense of belonging is something Ben has worked hard to foster through the DLSS. He’s been involved in initiatives designed to create safe and inclusive spaces for all students. Events like the annual Intersectionality in the Law panel and the DLSS Queer Mixer have helped spark conversations around identity, experience, and allyship.

But Ben is quick to stress that inclusion isn’t just about events or symbols, it’s about meaningful engagement. “When I first came to Deakin, I noticed rainbow steps on campus, lanyards, and student groups

that

openly

celebrated

the

LGBTQIA+ Community. Often having lived experiences where that was not the norm, it felt fundamental. Those things, even if small, showed me there is a safe space where I could belong.”

Still, he recognises that while the surface may seem welcoming, deeper inclusion takes work. “Representation needs to be backed by accountability. If we want a legal profession that reflects society, we can’t stop at gestures. We need ongoing, real conversations.”

One of those conversations, for Ben, is around intersectionality. “Intersectionality is about understanding that no one lives a single-issue life. A queer person of colour has a different experience. A disabled woman faces different challenges. None of those identities are more or less valid, they’re just different. And that difference matters and should be acknowledged.”

More than just recognising those overlaps, Ben believes intersectionality means celebrating them and standing up when those identities are marginalised.

25

Ben’s perspective on allyship is similarly nuanced. “Being an ally isn’t just about calling yourself one. It’s about action. It’s about checking in with people. Offering support. Challenging discrimination when you see it, even when it’s uncomfortable.”

He speaks candidly about micro-aggressions, those subtle, often unintentional moments that can feel isolating or dismissive.

“Sometimes people don’t mean harm, but the impact is the same. Being a good ally means educating yourself, listening, and owning your mistakes. It’s not about being perfect, it’s about being accountable. It’s hard—really hard—to stand up for yourself, let alone to stand up to someone who’s discriminating against a friend, a colleague, or anyone in your

space.

That

takes

courage.

But

that’s

exactly

why

conversations

around

intersectionality matter. Because when we acknowledge how difficult it is to push back, we understand why solidarity and allyship are so important.”

To students part of the LGBTQIA+ Community who may feel uncertain about their place in the legal world, Ben offers a message of reassurance and solidarity.

"What I hope people take from this is that no one is alone in their experience. Even if your story feels isolated, someone out there has felt something similar—whether that’s joy or injustice. That’s why awareness and open conversations matter so much. Without shared understanding, there’s no growth, no progress. Talking about our experiences helps build safer, more inclusive spaces for everyone."

“Change,” he admits, “isn’t always easy.”

For Ben, that’s what law is about. Not just careers or cases, but community, courage, and the belief that everyone deserves a seat at the table, and the chance to reshape it.

26

In Conversation With Eugenie Chung

Co-Chair of Women in the Public Sector Committee Vice President of AALA (Vic Branch) The below article is written based on an

She has substantial work experience in

interview that Eugenie provided in her

private practice and the public sector

personal

capacity.

including working as a judge’s associate

Eugenie’s

views

Please do

note

not

that

necessarily

at the Supreme Court of Victoria.

reflect the views of AALA, VWL, or any particular organisation or workplaces.

Throughout Eugenie’s journey in the law, Eugenie

Eugenie

Chung,

the

complex

intersections of cultural identity, gender,

female lawyer, is a promoter of diversity,

and other diversity factors that continue

equity and inclusion (‘DEI’) in the legal

to shape the careers of many legal

profession and workplaces. She looks at

professionals today.

from

Asian

observed

Australian

diversity

an

has

a

multi-dimensional

perspective, such as cultural diversity,

Eugenie started her legal career in Hong

gender diversity, and neurodiversity.

Kong which had a global reputation for being an international hub but is a

Eugenie

has

built

legal

relatively homogenous city, with ethnic

career spanning more than a decade in

Han Chinese forming the majority of the

common law jurisdictions Australia and

population. Her colleagues were mostly

Hong Kong. She is currently based in

from English-speaking countries, if they

Melbourne and is the Vice President of

were not from Hong Kong or mainland

the

China.

Victorian

a

rewarding

Branch

of

the

Asian

Australian Lawyers Association (‘AALA’) and a Co-Chair of the Women in the

Upon returning to Melbourne, Eugenie

Public Sector Committee at Victorian

encountered a different experience as

Women Lawyers (‘VWL’).

she

found

culturally She

also

volunteered

subcommittees

27

of

the

in

various

Women

herself and

to

be

part

linguistically

of

a

diverse

(‘CALD’) population. Eugenie considered

in

herself to be fortunate to have been

Insolvency and Restructuring Victoria

hired by a large firm with a Melbourne

and is an ally for Disabled Australian

office

Lawyers Association.

diversity but took meaningful action in

that

did

not

just

its hiring of CALD candidates.

talk

about

“Some are told that they need to speak up more or ‘work on their confidence’, which can be a very subjective measure”, she explains.

These insights point to the broader issue of performance evaluations grounded in dominant

cultural

norms,

which

can

inadvertently hinder the advancement of CALD professionals.

Many

CALD

professionals

found

that

Australian employers placed considerable Despite many employers in this multi-

emphasis on local work experience and

cultural city seeking to recruit a CALD

discounted

candidates, CALD candidates are still

experience.

relevant

overseas

work

under-represented in legal professions, particularly females in leadership roles. 1

“Even if someone has worked overseas for years, securing a role in Australia can be

Despite many employers in this multi-

difficult

cultural city seeking to recruit a CALD

prioritised,” she says.

because

local

experience

is

candidates, CALD candidates are still under-represented in legal professions,

She recalls being encouraged by certain

particularly females in leadership roles.

prospective

1

employers

to

apply

for

graduate programs upon her return— However,

inclusion

in

legal

despite having practised overseas. In

profession

remains

nuanced.

Despite

contrast, Hong Kong employers tend to

increasing commitments to diversity,

recognise and hold a high regard for not

systemic barriers persist—particularly

just the tertiary education but also work

for

intersectional

experience

backgrounds. Reflecting on her role as

jurisdiction.

professionals

from

the

from

a

common

law

an executive committee member of the Victorian Branch of the AALA, Eugenie notes how members sometimes confided in her on an anonymous basis, about challenges faced by Asian Australians or CALD workers in recruitment, career progression, retention, and promotion.

“Supports can take many forms - even just showing up and listening.”

1 AALA, Media Release: ‘Asian Australian Lawyers Association Calls for Action on Leadership Barriers for Culturally and Racially Marginalised Women’ accessed online at <https://www.aala.org.au/post/asian-australian-lawyers-associationcalls-for-action-on-leadership-barriers-for-culturally-and-raci >.

28

“CALD professionals from the UK or US

Organisations that proactively follow DEI

returning

have

values run on a preventative measure

reported similar challenges” she reports,

model that addresses potential problems

“It’s interesting to observe how different

before they arise and builds a more

jurisdictions

inclusive environment for everyone.

to

work

in

Australia

assess

international

experience.”

Central to Eugenie’s advocacy is the Some

CALD

experiencing

professionals stronger

reported

cultivation of allyship. She believes in

growth

building platforms that allow individuals

career

and better treatment based on merit in

to share their lived experiences.

large international cities like London and New York compared to Melbourne.

“Diversity

organisations

contribute

through

advocacy,

meaningfully Through her leadership roles with AALA

networking, and professional development

and VWL, Eugenie has seen how DEI

initiatives,” she says.

initiatives can improve performance and transform

the

underscores

the

organisations

in

profession.

She

These efforts not only raise awareness

value

DEI

but also help create environments where

fostering

of

education,

awareness, and support.

individuals

feel

seen

and

supported.

Eugenie encourages others to not just be bystanders but engage as allies.

“In cases of discrimination, the issues aren’t always clear-cut — often it’s a

“Support can take many forms—even just

matter of cultural misunderstanding or

showing up and listening,” she says.

unconscious bias,” she notes.

Looking ahead, Eugenie stresses that the She

emphasises

CALD

legal profession must do more to address

professionals feel undervalued, they may

intersectionality, especially when DEI is

leave quietly, resulting in a significant

facing

loss

politics.

of

talent,

that

and

when

suggests

that

new

threats

in

current

global

“diversity must be seen as an asset—not a checkbox.” That’s why the promotion of

“It’s

vital

that

these

experiences

DEI does not only rely on a complaints

acknowledged and addressed.”

are

model that focuses on reacting to issues after they arise.

“Diversity must be seen as an asset—not a checkbox.”

29

As an Asian Australian woman in law, Eugenie is acutely aware of the multiple barriers some individuals face.

“People wear many hats and have layered

Eugenie’s message to the next generation

identities,” she says. “For some, there may

is clear:

be a double—or even triple—glass ceiling.”

“Be kind, stay open-minded, and never She

highlights

or

assume you know what someone else is going

overlapping

through. You don’t know whether they’re

marginalised identities, such as those

facing a glass ceiling because sometimes the

with

barriers are invisible.”

professionals disabilities

that

lawyers

with or

from

LGBTQIA+

communities, often face challenges that remain invisible.

Through empathy and engagement, she believes the legal profession can become

“Not everyone feels safe disclosing their

more inclusive, reflective, and just. In her

identity. We must keep that in mind.”

ongoing work, Eugenie continues to lead by

Despite

these

ongoing

challenges,

example—championing

profession

that

mirrors

a the

legal diverse

Eugenie remains hopeful.

society it serves.

She encourages young Asian Australian

“It’s an exciting time to see so many diversity organisations thriving in Melbourne, where there are many resources available to help young lawyers navigate complex identities and build meaningful careers.”

women and other graduates of diverse backgrounds entering the legal profession to make use of these support networks and employers.

30

ISSUE ONE MAY 2025