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Brennan
Justice & Leadership
Program
2019 Yearbook
Brennan Justice and Leadership Program Yearbook 2019
THE SOCIAL JUSTICE WARRIORS OF 2019
Our Brennanites have been busy this year! Here’s a snapshot:
328
Reflections on Justice
students attended
Brennan Events
A further
65
attended seminars in
14
therapy dogs who
133
the community to learn received unlimited
more about justice smiles
reflections about
issues close to
their heart
50 33
expressed social
hours of coffee justice through
catch-ups via the art of a lens
discussion groups
Leadership through Service
7915 HOURS
the time Brennanites
took out of their busy
schedules to volunteer in
18
BRILLIANT BRENNAN
AWARD RECIPIENTS!
the community and lend
a hand this year!
Brennan Justice and Leadership Program Yearbook 2019
Contents
Reports
4 Introductory Address 26 UTS BUILD Social Enterprise Series – Thankyou.
Sir Gerard Brennan AC KBE GBS Sabrina Bhuiyan
6 Dean’s Address 27 Winner of the Brennan Justice
Professor Lesley Hitchens GAICD Photo Competition 2019
7 Director’s Report 28 Reflections on Justice Discussion Group Leader
Professor Paul Redmond AM Marco Loprevite
9 Director’s Report 30 Substantial Creative Piece – Foreign National
Sofia Sudar Michelle Joyce
10 Faculty Administration Report 33 Leadership through Service – Working with the
Crystal McLoughlin ABC on Issues that Affect us: a Reflection
Georgios Platias
11 A History of the Brennan Program
Professor Paul Redmond 35
Pathways to Policy Panel Discussion
Paris Gavenlock
16 2019 Brennan Program Awardees
UTS Law Students’ Society
The Brennan Program’s
Events and Initiatives
Events & Initiatives
36 PwC Speaker Series I
19 Inspirational Careers Series: A Life Seeking – Where Is your Money Going?
Justice for Genocide Victims and an End to Tristan Salanitro
Impunity Evening with Ambassador Rapp
Rachael Polt-Cai 37 Westmead Children’s Hospital Visit
Kerthana Maheswaran
20 Legal Careers Beyond the Traditional Paths
Zoe Anastassiades and Rania Joudeh 38 The Power of You: UTS LSS Clayton
Utz Social Justice Conference
22 Allens Neota UTS Law Tech Keti Bull, Equity Director, Law Students Society
Challenge for Social Justice
40 The Smile Project
23 Allens Neota UTS Law Tech Challenge Sophie Bechara
for Social Justice Student Reflection
Daniella Foley 41 Justice Action Committee Initiatives
24 The Ivory Game Film Screening 43 Special Thanks
Alex Leal Smith
25
BUOYANCY Film Screening and Panel Discussion
Svetlana Zarkovic
3
Brennan Justice and Leadership Program Yearbook 2019
Introductory Address
Sir Gerard Brennan AC KBE GBS
Learn from but don’t be daunted by the inevitable
mistakes that will be made as you venture forth into
post graduate activity. I enjoy telling the story of my
own first day in my father’s court when his associate
was temporarily absent and I stepped into the role and
demonstrated my lack of experience – a story that
I have previously told. I had in one hand a pro forma
sheet for charging a prisoner on trial and in the other
the indictment signed and presented by the Crown
Prosecutor. Mistaking the name of the Prosecutor for
the name of the accused, I charged a kindly, meek and
highly reputable man with the crime of rape. Counsel
for the accused, in accordance with the camaraderie
of the Bar, immediately announced his appearance
for his learned friend and pleaded not guilty. And so,
I was given a lesson about life in the law. It was not Sir Gerard at the 2017 Brennan Celebration Evening.
Photo: Anna Zhu Photography
about the need to follow the form – that was only too
obvious – it was a lesson about the relationship that is
built among members of the legal profession who share an uncanny ability to spot the truth, as I discovered
a deep respect for their vocation – a respect which later. One of my colleagues reported that the client
fosters warm personal relationships even when they are had told him that, despite conviction, a hefty fine and
engaged as adversaries. the payment of my fee, he had been pleased by my
advocacy. I found the tribute difficult to understand.
Now I want to say something about the relationship “Oh”, the colleague explained, “your client thought it
between law and community culture. Community service, was all worthwhile to have had the satisfaction of
which is part of the requirements for the completion of hitting the rotter!”
the Justice and Law Program, enhances the students’
sensitivity to the culture in which the law operates. So I The rigor of the Justice and Leadership Program is
want to mention the effect which law, its enforcement or designed not only to improve the professional knowledge
the liability to enforcement can have on culture and the and skills of the law student, but to enhance her or
effect which community culture can have on the content his appreciation of law as an important element in
of the law. Do not be surprised if your experience shows the culture of our society. In earlier times, a graduate
that the law changes from time to time, not only because in law was destined to practise almost exclusively as
of legislative changes but also by reason of changes in either a barrister or solicitor. The Law School imparted
community standards. As Sir Ninian Stephen observed the knowledge and some of the skills needed by a
in Onus v Alcoa, “Courts necessarily reflect community graduate to secure the protection or advancement of
values and beliefs”. a client’s legal interests. The same knowledge has to
be acquired and the same skills developed today, but
The relationship between law and the community finds many graduates now enter fields quite different from the
practical expression in the ordinary jury. The community practising legal profession. The many fields of human
is given ownership of the process and public confidence activity in which law graduates employ their talents has
in the integrity of the criminal trial is assured. I suppose led to a clearer understanding of the law as a social
a jury sometimes gets it wrong, but for the most part I phenomenon which affects the conduct of practically
believe they get it right. I remember a trial in which my every field of human endeavour. Law helps to mould
client was charged with assault. He produced ostensibly the culture of a society and, reciprocally, society’s
independent witnesses who gave unshaken evidence culture helps to mould the content of its law. Society
of an alibi. A judge would surely have acquitted in the has become more complex and the scope of law has
light of that evidence, but the jury convicted. Juries have expanded, and it affects more and more elements of
Brennan Justice and Leadership Program Yearbook 2019
our social life. An adequate understanding of the vast what may be achieved by the bare pursuit of legal
body of the law calls for an appreciation of the culture knowledge or the development of forensic skills. That
of the society in which the law operates. And as the is not to diminish the necessity of acquiring adequate
effect of the law on any transaction is determined by the legal knowledge and skills, for these are essential to
operation of all the interlocking provisions of the relevant achieving justice according to law. Ideally, of course, the
law, the modern lawyer needs to see particular provisions law operates justly. And, generally speaking, the law will
in the context of the whole legal framework. The modern operate justly when accurately applied to a situation. But
lawyer does not see the law as a series of independent not always.
propositions from which a single selection is made in
dealing with a particular problem. The modern lawyer When justice is compared with law, we can see that
necessarily sees the law as a complex and constantly law affects a community; justice and injustice are
changing social institution which is best understood by experienced by individuals.
perceiving the purpose of the relevant law and the values Law is a social regulator, justice is a moral value. Notions
which it is designed to protect and advance. of justice are acquired and developed by experience of
Not only does this approach enhance the professional social forces on the lives of individuals. So the program’s
skills of the modern lawyer. It leads to a better requirement that students participate in providing some
understanding of the social importance of the lawyer’s community service heightens their awareness of the
work. I sometimes wonder whether lawyers in their daily needs of others. In the 2nd century A.D., Ulpian defined
labours realise that they are implementing the rule of justice as “the constant and perpetual will to allot to
the law and are thereby underpinning the peace and every man his due”.
order, the freedom and security of society. Our personal Lawyers who know how the law operates on all but who
security is protected by laws of crime and torts; our are concerned to accord justice to each are essential
property is governed by laws of contract, trusts, real and to a free society, especially in a diverse and pluralist
personal property; our relationship with government is democracy. It is a satisfying life to belong to a profession
ordered by administrative law, taxation law and so forth. which is devoted to assisting in the allotment “to
We are proud that we work and live under the rule of law. every man his due”. Whether in the representation of
We acknowledge the truth of John Locke’s proclamation: a client or in the adjudication of a case, or in analysing
“Wherever law ends, tyranny begins”. and expounding a legal proposition or in proposing
Our laws govern many aspects of our lives and the an amendment to the law, committed lawyers see
regular observation of the law ensures that we live in a themselves as administering justice.
society that is truly governed by the rule of law. The rule Administering justice does not involve taking steps
of law requires administration of the law by practitioners suggested only by some idiosyncratic concept of justice,
who know its provisions and are conscious of the values when the steps are unauthorised by law. The rule of
which it reflects and which guide its application. Whether law assumes that the law will be administered by those
the graduate lawyer is engaged in professional practice possessed of special knowledge and skills.
or is using legal skills and knowledge in other ways
and whether the lawyer is concerned with problems of That is why lawyers are essential to the rule of law. They
family law or public law, personal injury or conveyancing need to be competent lawyers if they are to administer
or corporations, she or he is applying the rule of the justice according to law. For the most part, application
relevant law. of the law does lead to justice. The law – or at least the
common law, including equity – has been developed
The Justice and Leadership program of the UTS over time. It is the product of centuries of experience.
Law School is designed to provide students with an As Oliver Wendell Holmes wrote:
appreciation of the wide practical scope of the law
and requires practical experience that encourages “The life of the law has not been logic: it has been
awareness of social need. Thus the program equips the experience...The law embodies the story of a nation’s
student with a more sophisticated understanding of development through many centuries. . .”
the law by stimulating the student’s experience of the
culture of the community and assures the graduate that It is not surprising that vast experience has fashioned
the profession of law offers the lawyer an opportunity to a legal system the justice and the practicality of which
contribute to a peaceful and ordered society. is attested by generations of litigants and their lawyers.
The wisdom born of that experience has enshrined in the
The program is identified by its two descriptors – justice common law values of enduring significance to a
and leadership. The aims of the program go beyond free society.
5
Brennan Justice and Leadership Program Yearbook 2019
Dean’s Address
Professor Lesley Hitchens (GAICD)
Dean, UTS Faculty of Law
The Brennan Justice and Leadership Program is an The Challenge requires a significant time commitment
essential part of UTS Law, and the Faculty’s goals and from students as they develop apps for NGOs to support
values. It brings together students, academic, and their work. The Challenge offers a unique experience
professional staff in a shared commitment to justice and for students as well as demonstrating the opportunities
service. It is encouraging to see student membership technology provides for improving access to justice.
and graduates of the Program grow each year. The fact that most of the apps developed through the
Law Tech Challenge are being used by their client NGOs
An important element of the legal education we provide is a strong reminder that the Brennan Program can
at UTS is to be aware of the culture and values that have a practical influence on strengthening justice. The
undergird our undertaking. The culture in which legal University’s new strategy, UTS 2027, emphasises its
education occurs is vital. The culture should be one commitment to social impact and the responsible use
that encourages students to reflect on their future role of technology. The Law Tech Challenge is an excellent
as professionals; to consider the role of law and its example of that commitment.
relationship to justice; and to live out the values of
the profession. For me, this legal education takes place One of the ongoing strengths of the Brennan Program is
within the formal classroom but also outside. The that the academic and student body in the Law Faculty
informal curriculum can be as powerful as the formal. run the Program jointly. This has also been one of the
The Brennan Program is a sublime example of that great delights of the Program and for me personally as
informal curriculum. Dean—to work closely with UTS Law Students’ Society.
Each year new student leaders emerge with fresh ideas
The events and activities offered through the Brennan and commitment. The Program is also kept strong by the
Program traverse a wide range of challenging topics, continuing support and encouragement of its Patron, Sir
always with integrity and an awareness of the complexity Gerard Brennan, for which we are so grateful.
of those issues. The learning that happens through the
Program is not one-sided. Staff and students are equally I’m confident that the Brennan Justice and Leadership
enriched through its activities. Program will continue to flourish and my hope is that
graduates of the Law Faculty and of the Brennan
One of the highlights for me in 2019 was again the Allens Program will retain its values – a commitment to
Neota UTS Law Tech Challenge. It was the third year of justice and leadership through service – throughout
the Law Tech Challenge and, once again, the projects their professional lives.
that the students had undertaken were amazing.
Photo: Anna Zhu Photography
Brennan Justice and Leadership Program Yearbook 2019
Faculty of Law
Director’s Report
Professor Paul Redmond AM
Sir Gerard Brennan Professorship
Professor Paul Redmond at the
2019 Allens Neota UTS Law Tech Challenge
for Social Justice. Photo: Anna Zhu Photography
2019 has been another strong year for the Brennan experience of those receiving the Brennan Award this
Justice and Leadership Program, its ninth. This Yearbook year (see page 16) gives some indication of
sets out many of the highlights and I shall not outline what students in the program are doing although the
them here. That pleasure awaits the reader. And some range of volunteering activity is as broad as its quality
events are ahead of us as this Yearbook goes to press, is impressive.
such as the pathways to policy event with NSW Young
Lawyers and the Public Interest Advocacy Centre and The requirements for the Brennan Justice and
the 2019 Brennan Awards Ceremony itself with Sir Leadership Award are onerous and so special
Gerard Brennan. congratulations are due to those who achieve the
necessary credited points for the reflections
The Brennan Program is a voluntary program for UTS component and the required hours of leadership
Faculty of Law students with distinct but interdependent through service. The academic transcript of this
elements of reflection and action. Each reinforces special group of students acknowledges this singular
the other—thought and action working together to achievement alongside that in their academic work.
encourage and stimulate.
The Brennan Program is a partnership between the
The reflections on justice component sensitises students UTS Law Students’ Society (UTS LSS) and the Faculty.
to the relationship between law and legal system, on the Each partner elects a Brennan Program Director to
one hand, and concepts of justice and the rule of law share oversight of the program. This year Sofia Sudar
on the other. The program promotes commitment to the has been an outstanding Brennan Program Director.
ideal of justice for all through law, and the particular role It has been a delight to work with Sofia — for her
and responsibility of lawyers for its realisation. These intelligence, organisational skill and efficiency, her
pages describe some of the lectures, film screenings, grace and generosity. She is a true leader and has used
discussion groups and other activities offered under her leadership skills to draw students into the Program,
this component. In addition, the program promotes to have them engage actively with it. In so many ways,
resources available elsewhere and students complete she has been an exemplar in the role, and I have come
reflective blogs, produce videos and write essays on to admire her greatly. That sentiment is widely shared
justice themes. In these and other ways, students among the Faculty Brennan team.
examine the idea of justice and its place in their studies
and future professional work. As the pages of this yearbook reveal, the UTS Law
Students’ Society has a number of other justice
The leadership through service component encourages promoting activities under the portfolio of its Vice
students to develop leadership skills through service President (Social Justice), in 2019, Pia Francesca
to others, promoting the profession’s ethic of pro bono Gonzales. The UTS LSS powerfully contributes to a
service. Like the reflections component, this element justice consciousness in the law school community
seeks to expand students’ imagination and sense of through the energy and commitment of remarkable
possibility. It does so by promoting volunteering in a students who are generous and effective contributors
range of legal and non-legal settings marked by service to the program and to the social justice work of the
to others and alertness to opportunities for taking on student community generally. UTS is extremely fortunate
responsibility and initiative. The volunteering to attract such outstanding students.
7
Brennan Justice and Leadership Program Yearbook 2019
The Faculty administrative team supporting the program There are many others to thank including the many
is quite special. Crystal McLoughlin, Student Programs speakers at program events, the judging panels for
Coordinator, carries the major administrative load. the photography competition, and the many Brennan
She deals with everyone—students, staff and other students who contributed ‘above and beyond’ to the
stakeholders—with warmth, energy and efficiency, program, as MCs, student journalists and photographers
and generates a well of gratitude and engagement in and in other roles that made ‘things’ happen.
response. It is such a pleasure to work with her. She
has supported many of this year’s awardees towards Finally, I wish to thank the Patron of the program,
completion and the completion figure speaks to her Sir Gerard Brennan AC KBE GBS, whose career and
influence and effectiveness. Bec Keen and Alivia Nicolls character are the program’s inspiration and the model
share this heavy administrative load with Crystal and we offer students for emulation. We are grateful for his
bring the same efficiency and grace to their work. continuing support and for his friendship so freely given.
Monica Reade, the Faculty’s Academic Programs We are delighted that he will once again present the
Manager, has many responsibilities apart from oversight awards that bear his name. The personal connection to
of the program but is always closely and enthusiastically Australia’s 10th Chief Justice and former UTS Chancellor,
involved in its operations, contributing creatively to adds so greatly to the Brennan Award’s significance for
decision-making. I thank each of them. recipients and to all students in the program.
I also thank colleagues on the Brennan Program There are over 1,200 students in the Brennan Program.
Management Committee for their close engagement The program’s continuing success is attributable to
with the program that extends beyond their invaluable the commitment of its parents, the UTS LSS and the
advice and counsel. Faculty. The strength of that partnership is the key to the
program’s success. Equally, the program’s partnership
The Dean, Professor Lesley Hitchens, has always contributes to the close relationship between the UTS
been generous in her support for the program and Faculty and the student body, making for a genuine
constructively guides its development. Her thought academic community and enhanced student experience
leadership in legal education and in the changes and engagement.
occurring in the practice of law feeds into initiatives
that have become available to students through the The Brennan Program faces challenges as it seeks
program. A notable example is the opportunity under the to stimulate and engage, to learn from its student
Allens Neota UTS Law Tech Challenge for Social Justice members, and be responsive to the demands of
to develop artificial intelligence systems for community their studies and busy lives. The introduction of
organisations using Neota Logic’s platform, working balanced teaching periods creates challenges but
closely with specialists at Allens under the leadership also opportunities with the extended summer session.
of Faculty colleague Dr Pip Ryan. In 2019 students But new challenges have always been part of the
again responded superbly to the task of turning modern program’s history. In Il Gattopardo (The Leopard) Tomasi
technology systems to the service of social justice di Lampedusa attributes to a nineteenth century Sicilian
practice. We are delighted that, in Pip’s place, Jane prince the insight that guides the program: if we want
Hogan and Kristopher Wilson take responsibility at things to stay as they are, they will have to change. No
UTS for the 2020 Challenge and anticipate the same initiative flourishes that stands still. That is the Brennan
amazing results as in 2019. Program’s challenge as it approaches its tenth year.
Brennan Justice and Leadership Program Yearbook 2019
UTS Law Students’ Society
Director’s Report
Sofia Sudar
The Brennan Justice and Leadership Program is a joint The JAC has been a strong pillar of support for the
initiative between the UTS Law Students’ Society (LSS) program, assisting curate and organise a number of
and the UTS Faculty of Law and is a unique platform opportunities for students. In particular, the JAC was
designed to encourage law students to engage with responsible for hosting the Refugee and Asylum Seeker
the law beyond pure academia. The program consists Awareness (RASA) week. This initiative consisted of
of two major components; Reflections on Justice and a book and food drive, panel discussions and film
Leadership Through Service, which promote student screening, all operating to raise support and awareness
engagement with social justice issues and participation for refugees and asylum seekers amongst the UTS
in leadership roles. During 2019, I have had the honour student body. These collaborations have contributed to
of being co-director of the program as the LSS Brennan continuing the development of the Brennan Program,
Director, assisting to facilitate this engagement through and will only strengthen its scope and impact in the
various initiatives. future. Still to pass are the Pride Moot and the last
series in events for the Women’s Mentoring Program.
This year, the LSS has provided students with a
multitude of opportunities to participate in the Brennan Instrumental to this year’s success has been the
Program. Brennan Discussion Groups have been a been tireless work done by the Brennan Team to ensure the
a popular staple of the program, providing a forum for effective operation of the program. The dedication of
students to converse about contemporary social justice co-director Professor Paul Redmond, accompanied
issues. Over 60 students have engaged in the Brennan by program coordinators Crystal McLoughlin, Monica
Discussion Groups during the year, covering topics such Reade, Rebecca Keen and Alivia Nicolls, has driven the
as gender equality, the social impact of technology success of the Brennan Program this year. Their efforts
and environmental policy, amongst a diverse range of in growing the program through exciting and innovative
social justice issues. The Westmead Children’s Hospital means has been inspiring and I have immense gratitude
Visit is also a long-time initiative run by the program. for having been given the opportunity to work with
The visit involves students who offer their time to bring this team in empowering students to pursue their
joy and cheer to those may be in need of laughter, interests in social justice. I am immeasurably thankful
speaking to families and playing with children waiting for all the support and guidance I received from the
for appointments. These events have become Brennan Team, and know their relentless work ethic
signature initiatives over the course of the Brennan shall continue to ensure the prosperity of the
Program’s history and continue to be met with strong Brennan Program.
student reception.
Reflecting on my tenure as the LSS Brennan Program
Over the year, the Brennan Program has expanded to Director, I am extremely thankfully I had the privilege
include the Smile Project, a wellbeing initiative to foster the evolution and expansion of the Brennan
educating students on mental illness within the field of Program to even greater heights. I hold great respect
law. The event encourages students to form a strong for the values the program instills in its participants,
sense of community and collaboration, illuminating how encouraging law students to contemplate their
these bonds can be an alleviator of stress and promote individual role in pursing justice in both professional
positive mental health. Further, this year has seen and social capacities. I look forward to witnessing the
increasing involvement from the LSS Social Justice growth and development of the Brennan Program in the
Portfolio’s Justice Action Committee (JAC). years to come.
9
Brennan Justice and Leadership Program Yearbook 2019
Faculty Administration
Report
Crystal McLoughlin
L-R: Bec Keen, Crystal
McLoughlin, Monica Reade
and Alivia Nicolls. Photo:
Anna Zhu Photography
Wow, and with that, another year has passed.
And what a year! Lastly GlovIT worked with Law Society of NSW to
2019 was yet another year of growth and energy within develop a risk detector app to identify privacy and
the Brennan Justice and Leadership Program. As you data protection risk. GlovIT consisted of Erin Ysabelle,
may have read on the inside cover, our Brennanites have Nick Maunsell, Jessica Yazbek and Krippa Krithivasan.
been busy this year. This year alone we received over 133 reflections on
As a snapshot, the social justice warriors of 2019 have justice submissions from Brennan members, on issues
volunteered over 7915 hours of their spare time to the close to their hearts ranging from modern slavery,
community. That’s huge. Australia’s pill testing laws, climate change, the Brunei
death penalty for Homosexuality and Adultery and
The program hosted 328 UTS Law student attendees at supermarket marketing schemes such as Woolworths
nine key events, some of which you’ll read about in the plastic Ooshies.
next few pages.
On top of this, 52 Law students met to discuss their
I’d especially like to recognise the 20 Brennan thoughts on various issues though Discussion Groups
participants within this year’s Allens Neota UTS Law Tech – equating over 50 hours of coffee catch ups during
Challenge for Social Justice, who devoted over 100 hours the year. It’s great to see so many young pre-service
each to the cause that spanned nine months, alongside lawyers with such a strong justice conscious already.
their degree studies. This is no mean feat. We now have
five law tech apps live in the market, helping those in On top of an active social justice event schedule, this
need access information and justice. year we also introduced new initiatives such as the 30
Day #SmartWaste Challenge to reduce use of single
Team Sympact worked with client Redfern Legal Centre, use plastics, community involvement in the Seven
working on an app to assist international students with Bridges Walk to raise money for the Cancer Council
legal issues arising during their Australian stay. Team NSW and will soon be launching a collaboration with the
Sympact consisted of Eimear O’Sullivan, Mehrnaz Australian Red Cross Blood Service. Watch this space.
Derisavijorfian, Ahsish Achar and Tamim Rahimi.
Behind every jam packed program, is an excellent team.
Team Pod worked with Inner City Legal Sydney on an app I’d like to thank Professor Paul Redmond and Sofia
to assist with NSW infringements. Pod featured Svetlana Sudar for their dedication and leadership given to the
Zarkovic, Daniella Foley, Anagha Bidkar and Alex Giersz. Brennan Program this year.
Law in Hand worked on an app to support Indigenous I’d like to give a special shout out to my Student
Australian Youth in their employment relationships Programs colleagues - Bec Keen, and Ally Nicolls (the
with our own UTS Jumbunna Institute for Indigenous newest addition to our dream team). Lead by Academic
Education and Research. Working alongside Jumbunna Services Manager, Monica Reade, we wouldn’t have
were Saskia O’Neill, Sabrina Bhuijan, Devina Verma and achieved as much as we did without them. The fun
Madeleine Sidgreaves. along the way has been a bonus.
Team InterAct worked closely with client - The And finally, at the end of this year I am pleased to
Humanitarian Group Perth – developing an app to gather introduce to you our 18 brilliant Brennan Program
documents for refugee status applicants. InterAct graduates for 2019! Taking out the Brennan Award is
featured Rachael Polt-Cai, Jia-Lee Lim, Thomas Brennan not easy, and each of this year’s graduates bring with
and Nathalie Jones. them their own story and reflections on justice.Brennan Justice and Leadership Program Yearbook 2019
The Brennan Justice and Leadership Program
is nine years old, a vigorous youngster with
two proud parents, the UTS Law Students’
Society (LSS) and the Faculty of Law. This is a
brief account of its life to date and some ideas
behind its creation. Family stories are always
subjective, partial and incomplete. This account,
written primarily from the Faculty perspective,
inevitably suffers these vices. If it has any
claim to authority, that rests on the writer’s
continuous experience with the program
and especially his presence at the birth.
A History of the
Brennan Program
Professor Paul Redmond AM
Sir Gerard Brennan Professorship
Faculty pre-history A Faculty working party was formed to develop these
ideas. We realised early on that this proposal would
It was the then Dean, Professor Jill McKeough, who in
only engage students if it had the active support of
2010 conceived the idea that became the Brennan
the LSS. In December 2010, on the first day of the term
Program. She was keen to expand the ways in which
of the incoming LSS team, Dean McKeough, Bronwyn
the Faculty might implement its graduate attribute of
Olliffe, then Associate Dean (Education) and some other
promoting social justice; she also wanted to provide
staff met with the new LSS President, Codie Asimus,
opportunities for students to develop leadership skills.
and the Vice-President (Education and Equity), Jerome
Three objectives emerged from discussions:
Doraisamy, to discuss their agenda for the coming year.
• o promote students’ understanding of
T It became apparent immediately that they had in mind
and engagement with the idea of justice something very similar to the ideas that the Faculty had
and commitment to its promotion through been considering. There was a clear commonality of
professional work as a lawyer; outlook, a shared determination to make it work, and an
ease of dealing between the individuals involved. These
• o promote commitment to the idea of service
T were to be the foundation for an enduring partnership.
as a model for professional work, a sustaining We agreed that the program’s title ought to express its
professional ideal that would ground a sense spirit and ambition as well as its content. We settled
of wellbeing, fulfilment and satisfaction in law quickly upon the Brennan Justice and Leadership
studies and professional work; and Program. We knew that the name of Sir Gerard
Brennan AC KBE GBS, former Chief Justice of the High
• o develop students’ capacity for leadership,
T Court and Chancellor of UTS, would signal clearly the
enterprise, independence and resilience. ideals and values of the program and the example of his
11Brennan Justice and Leadership Program Yearbook 2019
Brennanites from the 2019
Allens Neota UTS Law Tech
Challenge for Social Justice
‘Law in Hand’ team pitching
their justice app to support
Indigenous Youth
life inspire both students and staff. With his enthusiastic component sensitises students to the complex
support, we knew we were on the way. relationship between law and legal system, on the one
hand, and concepts of justice and the rule of law on the
We worked hard together over the summer to settle the other. What do we mean by justice: is it the expression
elements of the program to present to incoming students of freedom, the promotion of equality or virtue, the
in February 2011. A handbook was prepared and a greatest happiness of the many, some notion of fairness
structure agreed that involved shared direction through or the expression of some fundamental principles such
joint LSS and Faculty directors. Jerome Doraisamy and as that found in internationally recognised human rights
Paul Redmond assumed these roles and worked closely standards? And what do these notions mean in concrete
together throughout 2011. A steering committee (now the situations? How is it the function of law—and lawyers—
Brennan Program Management Committee) was formed to express the idea of justice? The study of law is not
in which the Faculty and LSS had equal representation just the study of rules but much more. This intellectual
under the ultimate authority of the Dean. We recognised project complements that of the lecture room. It rests
from the outset that the program’s success would on the belief that the best lawyers are concerned with
depend upon the continuing ‘ownership’ by both parents systemic outcomes as well as those of individual cases.
and their joint responsibility and engagement with it. The goal is to expand intellects and imaginations. The
means chosen are through guest lectures, discussion
The core elements of the program groups and students’ own initiatives such as videos and
As it developed, the program has distinct elements blogs. The reflections on justice component also builds
of reflection and action. The reflections on justice community among law students, their sense of belonging
and engagement with each other and the law school.Brennan Justice and Leadership Program Yearbook 2019
The leadership through service component promotes the lawyer an opportunity to contribute to a peaceful and
idealism by encouraging students to develop leadership ordered society.
skills through service to others. The practice of law is
tough but is sustained by a sense of public purpose Jerome Doraisamy’s mid-year presentation to the 2011
and service. Imaginatively understood, this sense Australian Law Students’ Association (ALSA) conference
dignifies legal work and gives it meaning and purpose about the program inspired many other student law
that sustains lawyers across the long haul. Like the first societies to seek to introduce such a program—
component, this element seeks to expand students’ although we believe that ours remains unique—attempts
imagination and sense of possibility; it does so through elsewhere to replicate have faltered, perhaps for want
voluntary activity in a range of legal and non-legal of the close bond between LSS and Faculty at UTS. The
settings marked by service to others and alertness to Brennan Program received the ALSA award for Best Law
opportunities for taking on responsibility and initiative. Society Equity Initiative for 2011.
The program promotes the idea of justice and service in
a professional career, not a career in social justice Developing the reflections
as such, but as an element of all legal careers.
component of the program
If criteria for each component are met, students qualify The core of the reflections component was settled in
for the Brennan Justice and Leadership Award. The Award 2011 and has persisted although added to each year.
criteria are 100 ‘points’, the equivalent of 20 lectures, for From the outset there has been a full program of lectures
reflections on justice and, for leadership for service, 40 or seminars in which legal luminaries have spoken to
hours of volunteering for each year of enrolment. Setting Brennan students. These include two Chief Justices of
the bar high for the Brennan Award is intended to mark the High Court—Sir Gerard and the Hon Robert French
significant achievement in the program and not mere AC—and other distinguished speakers such as Hon
membership or participation in its activities. Michael Kirby AC CMG, Hon Ronald Sackville AO QC,
Hon Greg James AM QC, Hon Kevin Lindgren AM QC,
On 17th March 2011 Sir Gerard Brennan officially Hon Nicholas Cowdery AM QC, Hon John O’Meally AM
launched the program in a memorable event in which QC, Justice Ann Ainslie-Wallace, and Professors Larissa
he, Ms Christine Adamson SC of the NSW Bar (now Behrendt, Tom Campbell, Julian Disney AO, Michael
Justice Adamson of the Supreme Court of NSW) and Mr Fraser AM, Martin Krygier and Gillian Triggs, former
Julian Burnside AO QC of the Victorian Bar reflected on President of the Australian Human Rights Commission,
the role that conceptions of justice had played in their among many others. Several of these lectures, such
own professional work. The largest lecture theatre was as that given in 2016 by Ms Jane Needham SC, former
filled to capacity with students and staff, and a convivial President of the NSW Bar Association, have been given
reception followed. Sir Gerard noted that the program: in the Inspirational Careers series in which speakers
shared reflections upon their professional experience
is designed to provide students with an appreciation
with students.
of the wide practical scope of the law and requires
practical experience that encourages awareness of social The student discussion groups are another enduring
need. Thus the program equips the student with a more element of the reflections component of the program.
sophisticated understanding of the law by stimulating the We were overwhelmed when 220 students chose to join a
student’s experience of the culture of the community and discussion group in Autumn 2011 to explore concepts of
assures the graduate that the profession of law offers
13Brennan Justice and Leadership Program Yearbook 2019
justice and law’s response in contested contexts. These Brennan Justice Film Festival commenced with Alice
groups proved to be powerful community builders as well Zhang’s film What Makes a Home the inaugural winner.
as intellectual experiences.
Alice was elected LSS Brennan Program Director
The program has developed each year with enduring for 2016 and the program continued to expand the
additions to the foundations laid in 2011. In 2012 reflections on justice repertoire of activities including
with Lachlan (Loki) Ball as LSS Brennan Director, we the inaugural Brennan Justice Photography Competition
introduced Justice and Popcorn film screenings. The which attracted an exceptionally strong field of 23
film initiative was successful and continued in 2013 entries. Farah Al Majed was the inaugural winner with her
and beyond with the welcome addition of pizza to the composition, The Beauty of Innocence.
menu. We also added the Brennan Justice Debates to
the program. Weekly debates were held in the Law In 2017, Anna Fletcher was the seventh LSS Brennan
Courtyard with an informal structure of one invited Program Director. 2017 initiatives included the
speaker on each side of a polemical topic and the floor introduction of the Summer Circle promotion of Brennan
then thrown open to other speakers. Loki also initiated activities over the now ‘balanced’ summer session, the
the Community Ambassadors group within the program, Allens Neota UTS Law Tech Challenge for Social Justice,
later restructured and flourishing as the Justice Action and the Refugee Advice and Casework Service (RACS)
Committee, to pursue a wide range of fundraising, Week events.
advocacy and awareness-raising initiatives. In 2018, with Milena Mitic as LSS Brennan Director, we
In 2013 we introduced the Social Justice Soapbox in successfully introduced a series of pop-up lunchtime
which students are invited take the microphone in the seminars on topical issues, led by Faculty members
law courtyard and speak their mind on any issue of law with a small group of invited students who have been
and justice. Jamesina-Le McLeod, LSS Brennan Program especially active in the program.
Director, reached for her iPhone and caught the first With Sofia Sudar as 2019 LSS Brennan Director we
event memorably: see her film on YouTube at introduced sessions exploring career options for
https://www.youtube.com/watch?v=zHLAIZSpGL8. We students beyond the well-trodden paths. Film screenings
also introduced the Inspirational Careers lecture series followed by expert panel discussions proved a powerful
and finished the year with the first stand-alone Brennan way to engage with difficult topical issues. Reports
Awards ceremony with Sir Gerard inspiring us all. appear elsewhere in these pages.
2014 initiatives included the Parklea Mediation Program,
a research mentoring program happily continuing under Promoting leadership through
Dr Nicky McWilliam with a current project examining
the efficacy of court-referred mediation. Brennan
service
teams took part in the punishing Oxfam Trailwalker In his speech launching the program in 2011, Sir
fundraiser, and the Westmead Children’s Hospital visits Gerard said:
commenced. Cecilia Ngu, LSS Brennan Program Director, Notions of justice are acquired and developed by
produced the first yearbook for the program that experience of social forces on the lives of individuals.
captured the growing range of activities in the program. So, the program’s requirement that students participate
In 2015, with Paul Bonjour as LSS Brennan Program in providing some community service heightens their
Director, we had inspiring film screenings of three awareness of the needs of others.
films: Innocence Betrayed, a powerful documentary Under the leadership through service component,
on the Bowraville murders and the operation of the students are encouraged to choose volunteering
double jeopardy rule, True Cost, on the human and activities close to their hearts, minds and future careers
environmental impact of the supply chain for high-end although the program also organises volunteering
fashion garment production, and I am a Girl, on the opportunities. The range of activities reported by
experiences of girls and womanhood in Cambodia, Brennan Award recipients in this yearbook is indicative,
PNG, Cameroon, Afghanistan, the USA and Australia. not only of the depth of their idealism and commitment,
Each screening was followed by panel discussions with but also of the range of the hundreds of organisations
the film makers and others with expertise in the topic. with whom ‘Brennanites’ volunteer.
Paul introduced Villawood Detention Centre visits. TheBrennan Justice and Leadership Program Yearbook 2019
Administering the program emphasised the moral dimension of legal education as
shaping its purpose:
Initially, administration of the program fell to the two
program directors alone. In 2012 Martin Borg, a business I do not believe it is our job to simply bless the status
and international studies student at UTS, was appointed quo. We stand for principles about what the rule of law
as Program Administrator. When Martin graduated in ought to be. As a law dean, I think that law schools are
2013, Sonya Redmond (unrelated to the writer) replaced not just professional schools. They are institutions of
him until late 2014 when she was replaced by Alexa moral purpose. We must speak up for the rule of law when
Dodd. In 2018 Crystal McLoughlin was appointed when someone is threatening it, because if we don’t, who will? 3
Alexa took up a new role at the ANU. Monica Reade, the
Faculty’s Academic Programs Manager, has oversight Law teachers are challenged to engage the moral
of the program and is closely involved in its operations, imagination of students, to avoid dulling the idealism
always contributing creatively to strategy. The heavy that took them to law school, and to nurture their sense
body of administration has increasingly fallen to this of purpose.4 We are familiar with the issues of law
dedicated and effective group. student and lawyer depression and especially troubled
by research findings that the decline in mental health
Recognition of the Brennan program appears to begin in law school.5 The challenge for legal
education generally is to develop in students both legal
As noted, recognition of the program was immediate technique and a sense of purpose and service. The two
with the Australian Law Students’ Association award goals need be kept in balance; neither is sufficient alone.
for Best Law Society Equity Initiative for 2011. In 2014 The US legal scholar Karl Llewellyn put it graphically:
the program received a UTS Learning and Teaching
citation ‘for developing the potential of future lawyers “[t]echnique without ideals is a menace; ideals without
by nurturing their passion for law and justice’. Three technique are a mess.”6 Similarly, Chief Justice Robert
years later, the program received a prestigious UTS French warns: “[a] law graduate without a sense of the
Learning and Teaching Award as inaugural recipient in different conceptions of justice and its relationship to
the category of ‘contribution to social impact in learning the rule of law goes into the world with a patch over one
and teaching’. In 2018 UTS nominated the program for a eye. A law graduate with a keen sense of justice, whose
citation for outstanding contribution to student learning knowledge of the law and legal skills are inadequate, is a
under the Australian Awards for University Teaching. danger to the public.”7
The moral dimension of legal For some readers, the task of nurturing justice
education and the role of the consciousness and an ethic of professional service
might bring Sisyphus to mind. (Poor Sisyphus was
Brennan Program condemned in Greek mythology to push an enormous
In the United States the Carnegie Foundation’s rock up a hill only to have it roll back down again in
Educating Lawyers report emphasised that: endless repetition.) Certainly, this project is endless
and perhaps difficult, but it is not futile. If a law
[f]or better or worse, the law school years constitute a school encourages students to reflect on their future
powerful moral apprenticeship, whether or not this is professional work, to examine the role of law and
intentional. Law schools play an important part in its relationship to justice, to internalise and live out
shaping their students’ values, habits of mind, the profession’s proclaimed values, their education
perceptions, and interpretations of their legal world; will enable them to “make their own the profession’s
their understanding of their roles and responsibilities possibilities for a useful and fulfilling life.” 8 This is a
as lawyers; and the criteria by which they define and worthy enterprise. It is the Brennan Program’s goal—to
evaluate professional success.1 build upon and strengthen outside the lecture hall the
powerful intellectual and moral formation inherent in the
The question of purpose is central to legal education
formal curriculum.
although sometimes described as the ‘lost question’.2
Harold Koh, a former Dean of Yale Law School,
1
W M Sullivan et al, Educating Lawyers: Preparation for the Profession of Law, John Wiley & Sons Inc, San Francisco, 2007, p 169.
2
B R Henderson, ‘Asking the Lost Question: What is the Purpose of Law School?’ (2003) 53(1) Journal of Legal Education 48
3
Harold Koh, ‘On Law and Globalisation’ (Speech delivered at the American Law Institute, Washington DC, 17 May 2006) quoted in Michael Coper, ‘Legal Knowledge, The Responsibility of Lawyers,
and the Task of Law Schools’ (2008) 39 University of Toledo Law Review 251, 260.
4
This is discussed further in P Redmond, ‘The Values Dimension of Legal Education: Educating for Justice and Service’ in C Gane and R H Huang (Eds), Legal Education in the Global Context:
Opportunities and Challenges, Farnham, Ashgate, 2016, p 99.
5
See W Larcombe and K Fethers, ‘Schooling the Blues: An Investigation of Factors Associated with Psychological Distress Among Law Students’ (2013) 36(2) UNSW Law Journal 1; Norm Kelk et al,
Courting the Blues: Attitudes Towards Depression in Australian Law Students and Lawyers, BMRI Monograph 2009-1, Sydney, Brain & Mind Research Institute, 2009 .
6
Quoted in William Twining, Karl Llewellyn and the Realist Movement, London, Weidenfeld and Nicholson, 1973, p 116.
7
Hon Robert French AC, “Legal Education in Australia – A Never Ending Story”, Australasian Law Teachers’ Association Conference, 4 July 2011, p 4.
8
Sullivan et al, n 8, p 85.
15Brennan Justice and Leadership Program Yearbook 2019
2019 Brennan
Program Awardees
Sophie Afaras Laura Alimbakis Keti Bull
LLB/B Communication LLB/BA in Communication LLB/BBUS
(Public Communication) (Public Communication)
• Arts Law Centre of Australia • AustLII • UTS LSS Justice Action
Committee (JAC) 2018
• Refugee Advice and
Casework Service (RACS) • UTS Law Students
Society Senior Buddy
• Sylvania Calisthenics
• UTS Law Students Society
Equity Director 2019
Michael Can Lara Czysnok Vy Dao
LLB/BBUS LLB/B Communication GradCert in Laws
(Social and Political Sciences)
• Saint Constantine and Helen • Australasian Union • Georges Hall Public School
of Jewish Students Parents and Citizens Association
• Asylum Seeker Centre • Redfern Legal Centre
• The Big Lift • UTS Faculty of LawBrennan Justice and Leadership Program Yearbook 2019
Margaret Enriquez Pia Gonzalez Becca Karpin
Juris Doctor LLB/BBUS Juris Doctor
• The Hult Prize Foundation • UTS Peer Network • UTS Law Student’s Society
• UTS Faculty of Law • Refugee Advice and • Secretary and Postgraduate
Casework Service (RACS) Representative
• UTS Faculty of Law • The Legal Forecast
• Western Sydney
Community Legal Centre
• UTS Law Student’s Society
Alexander Leal Smith Calvin Lin Dickson Luo
LLB/BA in International Studies GradDip in Migration Law Juris Doctor/GradCert in
and Practice Professional Legal Practice
• Arts Law Centre of Australia • Tzu Chi Foundation • Justice Action
• Allens Neota UTS Law Tech • Allens Neota UTS Law Tech
Challenge for Social Justice Challenge for Social Justice
• Refugee Advice and • National Congress of
Casework Service (RACS) Australia’s First People
17Brennan Justice and Leadership Program Yearbook 2019
Michelle Mon Quyen Nguyen Raymond Sun
LLB/BBUS LLB/B Communication LLB
(Digital and Social Media)/
• Welfare Rights Centre • Headspace Hurstville
Diploma in Languages
• Refugee Advice and
• UTS Faculty of Law Casework Service (RACS)
• Refugee Advice and • UTS LSS Justice Action Committee
Casework Service (RACS)
• Brennan Discussion Group Leader
• UTS Law Students’ Society
• UTS Faculty of Law
• UTS Peer Network
Anita Tang Cecilia Tran Fiona Yeh
Juris Doctor LLB LLB/B Communication
(Social and Political Sciences)/
Diploma in Languages
• Redfern Legal Centre • Welfare Rights Centre
• HELPS Buddy Program • Inner City Legal Centre
• Refugee Advice and
Casework Service (RACS)Brennan Justice and Leadership Program Yearbook 2019
Inspirational Careers Series:
A Life Seeking
Justice for
Genocide Victims Ambassador Rapp
and Brennanites
and an End to Impunity
during refreshments
Evening with Ambassador Rapp
Rachael Polt-Cai
On the 9th April, Brennan Program held the first 2019 and finding ways to succeed on both local and
event in the ‘Inspirational Careers Series: A Life Seeking international levels to promote human rights.
Justice For Genocide Victims And An End To Impunity, to
commemorate the 25th anniversary of the Rwandan In giving his advice to students and up-and-coming
genocide. Featuring Ambassador Stephen J Rapp, the international lawyers, Rapp emphasised the power of the
event focused on Rapp’s experiences as the United law as a mechanism to protect people, asking youth to
States Ambassador at Large for War Crimes, and his “work in every way you can to make the law something
work at the International Criminal Court in his roles at the that protects the weak against the strong”. In using
Rwanda, Cambodian and Yugoslavian Tribunals. the tools the law provides to benefit people who have
been aggrieved, Rapp stressed that everyone deserves
Rapp opened his talk with the preface that the current advocacy, regardless of race, gender, orientation, or
political environment creates a global headwind otherwise.
against human rights. In an era of growing nationalism,
Rapp spoke to the need for cohesive action utilising As to the future of International Law?
International Law to fight for the rights of all. The fervour Rapp forecasts changes to the definitions of genocide
of political unrest, Rapp notes, echo the tensions and and international crimes as cases progress in light of war
rhetoric which arose from conflict in Rwanda and the crimes committed by countries intervening in conflicts in
Cold War era, in particular strategies which “…demonise, Iraq, Myanmar and elsewhere. As the rise of social media
but even more effectively verminise…” the other. allows for such crimes to be documented real time and
In speaking anecdotally about the Rwanda Tribunal, he in unprecedented detail, the ways we respond and learn
spoke to the challenges of the law in achieving justice about international crises too is likely to evolve. Rapp
where corruption, self-interest, fear and violence also points to structural changes in the application of
created the ideal breeding ground for conflict and the International Law as law enforcement changes from an
subsequent breakdown of human rights. In the Rwandan international focus to a more domestic focus, to prevent
Genocide, tensions between the Hutu and Tutsi races violations of human rights.
led to the deaths of 70% of the Tutsi tribe, and displaced In closing, Ambassador Rapp’s talk offered a highly
thousands. As such, where injustices, war crimes and unique and insightful glimpse into the practical
human rights violations occur, it is therefore important application of the law in the global context. His moving
for the international community to react effectively. It is message and personal anecdotes gave personality to
clear however that current conflicts occurring in Yemen this complex yet fascinating area of law, and will inspire
and Myanmar for example, highlight the relative inaction students to seek a career in International Law in the
of the international community in addressing war crimes, future.
despite the lessons of the past.
Ambassador Rapp’s talk was followed by a Q & A, and the
Nonetheless, Rapp remains optimistic, and sees opportunity to speak to him personally at the following
enthusiasm and strength in young people persevering informal gathering.You can also read
