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Climate Change to Family Law: Inside Kristen Wallwork’s social justice career

Published:
11 Feb 2024
News
Climate Change to Family Law: Inside Kristen Wallwork’s social justice career

The face of social justice work is changing in line with the major social, political, technological and environmental shifts of the last few years. During the pandemic our communities saw a rise in family law cases, along with a heightened demand for employment and housing advice. Today, digital and cybercrime is on the rise and then there are entire new areas of law emerging like that related to climate change.

Kristen Wallwork is a highly experienced social justice specialist dedicating more than 20 years to serving local communities. In her role as Executive Director of the South-East Monash Legal Service (SMLS) Kristen is at the coalface of emerging social justice issues. Kristen has witnessed a rise in caseload numbers and an overall demand for legal assistance, particularly in the area of family law. She is also aware of the growing impact of climate change events on local communities. 

In good news, a national review is underway looking at improving funding for the Australian legal assistance sector and first-of-its-kind grants, such as the SMLS team’s climate change grant into the legal implications of climate change disaster and day-to-day impact, are emerging.

With many entering the legal sphere driven by an interest in social justice but only a small proportion pursuing it as a career, we took this opportunity to find out more from Kristen about what a social justice career can offer and what the latest trends in the industry are. 

 

Social justice strongly resonated with Kristen Wallwork

Social justice has always been a priority for Kristen.

Her career began as a family and civil lawyer at the Sussex Street Community Law Service in Perth, Western Australia, followed by a move to the Northern Territory to work with the Katherine Women’s Information & Legal Service. Kristen then returned to Perth to join Legal Aid as principal solicitor, before accepting a role with the Aboriginal Legal Service of Western Australia as a criminal lawyer.

I got to a point where I was either going to stay in practice as a criminal lawyer or come back into management,” Kristen says. “I was at a crossroads and then a couple of opportunities came up on the eastern coast.”

Amongst these opportunities was a role with the SMLS, taking her to Melbourne.

When studying I was a student of a sister program at Murdoch University with SCALES, a community legal centre,” Kristen explains. “The background of this organisation having a professional practice program really resonated with me.

You get to a point of wondering if this is really what you want to do. Law is such a text-heavy degree. It's a lot of reading and sometimes you can't see the link between all of the reading and what you see on television. So I did the professional practice unit and loved it.”

Kristen’s first supervisor noted that statistically, it was unlikely she would make social justice her career.

My supervisor said that of the law students who leave university 10% might want to be social justice warriors but they don’t end up doing it for whatever reason. That really stuck with me. I went into private practice doing plaintiff work supporting the common person, but I quickly became disillusioned by how it looked in reality.”

After three years Kristen left private practice and started working for a community legal centre.

“Now, having worked in the community legal sector for over twenty years, social justice is my priority and commitment in my professional career.”

 

Serving high caseloads through impact-driven social justice

Demand for our services will always outstrip supply,” Kristen explains. “There's currently a review into the National Legal Assistance Partnership (NLAP), which is looking at funding to the legal assistance sector around Australia.

The Independent Review of the National Legal Assistance Partnership 2020-2025 - Final Report - is due to be released 29 February 2024, with its findings informing decisions on future funding arrangements for legal assistance. According to the review website, NLAP is, focused on improving keeping the justice system accessible for vulnerable people facing disadvantage and improving outcomes.”

Funding and increased demand from community members were raised as the two key challenges facing community legal centres (CLCs) in the March 2022 Community Legal Centres Australia report.

You’re never going to solve that problem perfectly. Yes, we need to constantly remind governments that funding is a requirement but it’s also about how we measure impact, and how we measure outcomes. Can we do things differently to have greater impact, or more outcomes?” Kristen says.

We’re not going to be able to service everyone in our region and we are constantly navigating capacity issues. But what we do, do, is put a great effort into ensuring a bigger impact. This means individuals might have longer term outcomes that are sustainable. This is why we have an integrated practice. Unlike dealing with one specific issue and ticking that box we see our clients as having very complex situations.”

This is particularly true of clients in family law, who might be experiencing family violence or sexual assault. In the SMLS’s 2020-21 report, the service saw a 28% increase in family law matters including domestic violence.

If you can start to address a cluster of issues, the outcome for a client will be more sustainable and meaningful,” Kristen explains. “We feel that we’re seeing greater outcomes by looking at the question of impact.

 

Ground-breaking grant into legal impacts of climate change

Kristen and the SMLS team recently received a grant to investigate the legal implications of climate change.

To be honest, this is very new to us,” Kristen says. “It’s an emerging area which is really exciting, particularly in Australia. The social sector is leading some of this work around climate justice, disaster management, disaster relief and disaster preparedness.”

An example of this is in the case of floods. Issues that arise include insurers not responding and people without housing can’t get onto Centrelink.”

Part of the sector’s work involves establishing systems and service providers so that when climate change disasters occur, there’s an immediate response giving people access to the support they need. Beyond climate disasters the SMLS is considering how climate change will impact day-to-day legal issues.

We know the climate is changing. You can no longer say ‘Melbourne’s weather is X’ or ‘Sydney’s weather is ‘Y’,” Kristen points out.

Ever since securing the grant the SMLS team has attracted attention from other organisations, both legal and social, also investigating how day-to-day life will be impacted by climate change.

Ours is probably the first funded investigation to test increased legal issues,” Kristen explains. “One legal issue would be increased bills. You can't afford to pay them because they're exponentially bigger. Is there a nexus with climate change [climate justice]? We would look at whether you're living in inadequate housing, which means you don't have efficient systems around heating or cooling. As a consequence, you have bills that are not sustainable, and so you get into debt. So, the legal issue is debt, and inadequate housing for the climate is the nexus between climate and causation.”

Another example is rising insurance premiums.

It’s most often the most vulnerable communities who are impacted,” Kristen says. “Our work in Melbourne is very multicultural - 70% of our clients come from CALD (‘culturally and linguistically diverse’) backgrounds, many from refugee or asylum seeker backgrounds.

As traditionally happens in cities, these groups get pushed out further and further, because that’s where the cheaper housing is, new developments (often without appropriate environmental factors e.g. tree coverage). These are the kind of things that could assist in people having sustainable lives from an economic perspective or better supported to live in lower impact climate risk areas. That’s how insurance goes up and up.”

According to Kristen this is a very exciting area of law, “While there’s a lot of work unfolding in this area – watch this space!

 

An opportunity to support the community

Kristen has interviewed many job applicants over the years. She always asks, “Why do you want to work with us?” And many say they love the work and want to give back.

I’m not a fan of that response. I don't do it ‘to give back’, it sounds too ‘us and them’,” Kristen explains.

Rather, she looks for people who want to advocate on issues like the over-incarceration of Aboriginal people, or those who want to help influence policy or legal change by government.

That’s brilliant, if you want your work to be about this, then this is where you want to be.”

I come from a legal background so it’s in the family,” Kristen says. “My parents worked hard and had a lot of children. They weren't earning millions of dollars, but at the same time I was very fortunate to get a good education. It was a priority for my family that we were educated. I'm obviously articulate and can articulate for others. So, I wanted to use the opportunity that I have been given to support the community somehow.

I have an Irish Catholic background, which is both very community oriented, but also very social justice minded. I'm not religious but that's my upbringing. I've never done this work thinking, ‘Oh, I'm amazing!’ or patting myself on the back when something went right."

For Kristen, the work is innately engaging.

I loved my time working in the Northern Territory and the north of Western Australia. I got to engage intimately with Aboriginal communities. It was so humbling to learn and reflect on both First Nations culture but also the impact of their experiences.”

Another benefit from Kristen’s point of view is that the work provides an opportunity for reflection.

In this sort of work there are so many opportunities to think about life and what goes on in our world,” Kristen says. “Sometimes it's small cases, without particularly complex issues, that trigger some of the best reflections, both about what's going on in the world and what's going on in your own world. How do we behave?”

 

One of Kristen’s biggest learnings?

I’ve learned there’s just one thing you need to do in life that will make things better for most people. Be kind,” Kristen says.

I love the idea of thinking about how we relate to the community and with each other. And I think this is an incredible context in which to do this.”

As Executive Director of the SMLS Kristen has the opportunity to apply what’s worked over the course of two decades’ experience at a more strategic level.

I’m a very strategically minded person and I love working on vision,” Kristen says. “Once in a very blue moon these days I have contact with a client and there's something genuinely rewarding about being back on the tools... You know, just sitting in a room chatting to a client.

They're there to share their story and they're trusting you. There's something really amazing about that exchange. You are able to come up with some possible solutions. That's a very special moment. I do miss it and when I do it I’m reminded, ‘Oh, that's why I became a lawyer!’”

But as a leader, Kristen acknowledges she doesn’t do her work in isolation and that is one of the most rewarding parts of the job.

I’m not a ‘me’ person. I love being part of a team and all the components of the team,” Kristen says. “The intake workers that support us, the community development workers, our social workers, our students, our law students, social work students and all of our various lawyers.

“I think being part of a team is an integral part because you wouldn't survive otherwise, you're constantly absorbing challenging and complex stuff. I think we share that load and bring lots of different ideas to solving problems.”

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Assessing Mental Capacity: A Guide from the Law Council of Australia

For legal practitioners in Wills & Estates, finding clear ways to consider and assess mental capacity in a variety of situations is crucial. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, and Accredited Specialist in Wills and Estates. Josephine shares key elements from the Law Council of Australia’s Best Practice Guide for Legal Practitioners on Assessing Mental Capacity or ‘the BPG’.

Your Guide to a Career in Family Dispute Resolution Practice

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Your Guide to a Career in Family Dispute Resolution Practice

Download your guide to a career in family dispute resolution practice for everything you need to know about FDR in a nutshell, the personal strengths of a FDR Practitioner, the core expertise of a FDRP, related areas of expertise, and career prospects in FDR.

How the LPMC assisted Elena to take her firm to the next level – and grow from there

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How the LPMC assisted Elena to take her firm to the next level – and grow from there

Elena Leonardos, principle lawyer at Adelaide Legal Solutions, chose to complete her LPMC when the SA's regulation rules changed. Now, she's executing her 12-month plan to expand her business, and seeing an increase in the firm's profitability.

How Ilvana Nanic pursued her childhood dream of family law

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How Ilvana Nanic pursued her childhood dream of family law

LLM graduate Ilvana Nanic shares why she finds family law so rewarding, and her advice to lawyers interested in studying The College of Law LLM.

Meet Best Graduating Student in Commercial Litigation, Dominique Mayo

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Meet Best Graduating Student in Commercial Litigation, Dominique Mayo

Explore how an LLM helped best graduating student (commercial litigation) Dominique Mayo advance her career.

How to break into family law with Jo Bragg

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How to break into family law with Jo Bragg

Jo Bragg, a solicitor in regional Tasmania, started as a generalist lawyer. Her personal experience of separation, along with increasing client demand, prompted her to move into family law. Insights spoke to Jo about what attracted her to family law, what her day-to-day life looks like in practice, and her advice for lawyers looking to move into the area.

How ESG will impact your area of practice in law

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How ESG will impact your area of practice in law

Four years ago, ESG (Environmental, Social and Governance) principles barely registered, even today many people are left asking – “what is ESG?”. In a nutshell ESG is a framework that is used to assess a businesses’ sustainability and ethical performance. ESG principles are an ever-growing part of doing business today. For those wanting to know more about ESG the College of Law will be holding a free ESG in Australia seminar Thursday 18th of May onsite at the College headquarters in Sydney and online. 

The future has never looked brighter: words from our CEO on the College’s big move

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The future has never looked brighter: words from our CEO on the College’s big move

After more than 50 years at St Leonards, The College of Law is moving into the heart of Sydney’s CBD in early 2022.

A Lawyer's Guide to Getting Published

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A Lawyer's Guide to Getting Published

Looking to enhance your area of legal expertise via publication? Academic journals have long been a popular option for lawyers to establish a strong reputation in their practice area.

Navigating Family Law Changes: Insights from the LLM Program

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Navigating Family Law Changes: Insights from the LLM Program

Kathryn Kearley webinar on navigating recent the family law changes and the College of Law's family law postgraduate programs.

Reclaiming your career after a career break

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Reclaiming your career after a career break

Insights explores the issue of when lawyers decide to take a temporary break from the law, and what both lawyers and employers can do help experienced legal professionals return to the profession.

NSW introduces combined Succession & Probate Lists: Key Updates

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NSW introduces combined Succession & Probate Lists: Key Updates

Recently, the Supreme Court of New South Wales introduced combined Succession & Probate Lists, applicable to family provision claims and contested probate applications. Queensland is also trialling a Wills and Estates List and there are likely to be further implications for other jurisdictions. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, about what you need to know and how this will impact your practice.

REVEALED: The College’s most popular on-demand CPD short courses for 2024

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REVEALED: The College’s most popular on-demand CPD short courses for 2024

To prepare you for what’s next, let’s unpack the College of Law’s 5 most popular on-demand CPD Digital Subscription courses. It’s the best way to keep your skills sharp – and your mind engaged.

From procrastination to passion

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From procrastination to passion

Overcoming procrastination is quite simple: passion. There must be an internal desire, not dependent on anything except ourselves. That’s why we enable our learners to choose the courses and practice areas that matter most to them - from family law to advocacy - we’re helping lawyers reclaim their power and focus on the areas that they are passionate about.

Your Guide to a Career in Legal Operations

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Your Guide to a Career in Legal Operations

In Australia, the legal profession is evolving rapidly, driven by technological advancements and complex demands from clients and employers. Legal operations professionals, not necessarily with legal backgrounds, are pivotal in integrating new technologies, project management, and process improvements to meet modern market needs.

Nationally Accredited Mediator Training Course Guide

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Nationally Accredited Mediator Training Course Guide

Download our Nationally Accredited Mediator Training handbook, if you are considering adding mediation to your skill set. Inside you'll find everything you need to know about the course.

Vale Kay Smith

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Vale Kay Smith

On Monday 15 August 2016, Kay Smith, one of The College of Law’s longest serving and most respected people died after a short illness.

Kay’s legal career began when she gained her qualification in Law through the NSW Legal Practitioners Admission Board. Kay then obtained a position as an articled clerk with a city firm at a time when there were very few openings for women in the legal profession. She was admitted as a solicitor and established a legal career. She moved from private practice to the College of Law in 1983 – the start of a 30 year career at the College.

A Guide to Cross-Qualifying as an Australian Lawyer in the UK

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A Guide to Cross-Qualifying as an Australian Lawyer in the UK

The College delves into the key requirements, steps involved, and potential challenges of cross-qualifying as an Australian lawyer in the UK. We spoke to Duha Al Hassnawi, an Australian foreign lawyer based in London, for her insights on the dual qualification process. Duha is currently enrolled in The College of Legal Practice’s SQE1 prep course.

Dispute Resolution Postgraduate Programs Course Guide

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Dispute Resolution Postgraduate Programs Course Guide

Download the Dispute Resolution Postgraduate Course Guide to learn how our program can equip you with essential skills to resolve conflicts effectively and build a rewarding career in this growing field.

Graduate Certificate in International Arbitration Practice Course Guide

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Graduate Certificate in International Arbitration Practice Course Guide

Download the Graduate Certificate in International Arbitration Practice Course Guide and unlock the skills needed to navigate complex, cross-border legal disputes with confidence and efficiency.

Property Law Postgraduate Programs Course Guide

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Property Law Postgraduate Programs Course Guide

Download the Property Law Postgraduate Course Guide and discover how our specialised program can help you build expertise and thrive in this dynamic field.

Graduate Certificate in Applied Law Guide

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Graduate Certificate in Applied Law Guide

Looking to boost your legal career but not ready to dive into a Master of Laws (LLM)?
 
The Graduate Certificate in Applied Law might be the answer.
 
Offering a flexible and affordable way to upskill, the Graduate Certificate is a popular option for busy legal professionals looking to sharpen their skills or master a particular field.
 
Download this course guide to receive more information. 
Property settlements, pets and children’s arrangements in the Family Law Amendment Bill 2024

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Property settlements, pets and children’s arrangements in the Family Law Amendment Bill 2024

Following a series of reviews of the family law system, on 22 August 2024 the Australian Government introduced the Family Law Amendment Bill 2024 into the Commonwealth Parliament. The Bill sets out very significant amendments, including those relating to property settlements, pet custody and children’s arrangements, which aim to modernise and improve the family law system in Australia.

50 years of expertise in one CPD solution

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50 years of expertise in one CPD solution

For 50 years, the College of Law has led the way in practical legal education.

We stand in our own lane – empowering practitioners to become the best lawyers they can be. How? With innovative, hands-on training that evolves with the demands of the legal profession.

Our CPD Digital Subscription is built on this legacy.

Self-awareness: The surprising foundation to a thriving legal career

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Self-awareness: The surprising foundation to a thriving legal career

There’s no doubt the legal sector can be an intense work environment. Thanks to heavy caseloads and fierce competition, lawyers and other legal professionals are facing stress, anxiety and burnout on a concerning scale. But according to executive transition coach and CEO at Lucent Global, Ellie Scarf, it doesn’t have to be this way. There’s one tool that can help you manage a plethora of professional challenges. That tool? Self-awareness.

5 tips on how to avoid common ethical breaches for lawyers with Athol Opas

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5 tips on how to avoid common ethical breaches for lawyers with Athol Opas

The law is a complex field heavily reliant on knowledge, interpretation and advice. This makes for a profession that can have far reaching consequences and, as a result, lawyers are held to high standards. Athol Opas presents annual ethics updates to firms to keep them abreast of recent cases of misconduct and/or common ethical breaches. We spoke to Athol to find out about the most common ethical breaches lawyers should be mindful of and to gain his top tips on complying within ethical obligations. 

What are the top negligence claims facing lawyers today?

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What are the top negligence claims facing lawyers today?

The College of Law investigates which legal practice areas are most at risk of negligence claims and why. We spoke to Lawcover’s Legal Risk Manager Glenda Carry about the practice areas most affected by negligence claims, what behaviours can lead to adverse claims by clients, and what risk mitigation strategies law practices can put in place.

From LLB to Parliament – Australia’s Politicians-Turned-Lawyers

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From LLB to Parliament – Australia’s Politicians-Turned-Lawyers

Australia’s recent change in leadership has set the nation’s eyes on Malcolm Turnbull. Over the coming weeks and months, the newly appointed 29th Prime Minister will reveal his mettle as a national leader.

From ballroom dancing to the law: Meet PLT alum Helena Angela Hanna

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From ballroom dancing to the law: Meet PLT alum Helena Angela Hanna

While completing her law degree and Practical Legal Training with the College of Law, Helena Hanna also kept up with her interests outside of studies. Learn more about Helena and her law degree experience.

How to merge your love of music with your legal career: Chelsea's story

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How to merge your love of music with your legal career: Chelsea's story

Learn how Chelsea Donoghue merged her lot of arts and law: How she managed her study while on world tours, what she loves most about her work at Sanicki Lawyers, and what’s next.

Graduates and prize winners recognised in June ceremony

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Graduates and prize winners recognised in June ceremony

Graduates and prize winners celebrated their achievements, received their awards and honours remotely due to continuing COVID-19 restrictions.

How AI is being used in Family Law

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How AI is being used in Family Law

To understand where legal AI use cases are showing up within family law, the College spoke with two highly experienced practitioners who have incorporated AI into their legal practice in different ways. Fiona Kirkman, principal at Kirkman Family Law, embraced ChatGPT early on in her practice, while Jenna Downy, solicitor at Family Law Matters, helped train LawY, an AI legal research assistant.

How to exit your job gracefully in law

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How to exit your job gracefully in law

For the 1 in 4 Australian lawyers considering leaving their job, the current job market is tipped in their favour. However, Australia’s legal profession is tight-knit and relatively small, so reputation matters. If you are leaving your role for fresh challenges, here are our top tips on how to exit your job gracefully in law, from the College of Law’s National Careers Advisors Ruth Beran and Susan Pincus.

Juggling full-time work, parenting and PLT possible through the College of Law, says Kerala Drew

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Juggling full-time work, parenting and PLT possible through the College of Law, says Kerala Drew

Kerala Drew found the path to qualifying as an Australian lawyer fraught with roadblocks. Learn how she landed her first job in law, what set her College of Law PLT experience apart from prior study, and what advice she might have for lawyers looking to join the Australian legal profession.

When commercial acumen meets common courtesy: Ankurpreet’s LPMC story

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When commercial acumen meets common courtesy: Ankurpreet’s LPMC story

Ankurpreet Singh was thrust into a costly commercial conflict, which made him determine to pursue a legal career. To make his dream a reality, he enrolled in the College of Law’s LPMC – where he bolstered his business competence and confidence.

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