Kathryn Kearley didn’t always imagine a life in law, but after her first torts tutorial, she found herself fascinated. Once in the profession, she became an accredited family law specialist, serving on a range of cases, including a matter involving a prominent Australian artist. Her practice focuses on alternatives to court, such as negotiation, arbitration, mediation, or collaborative family law, depending on the circumstances.

We caught up with Kathryn to discover what inspired her to become a lawyer, how she came to specialise in family law, and how the College of Law sets itself apart with its focus on practical learning.

What inspired you to become a lawyer?

I didn't start off thinking I would become a lawyer. After a change of course at university, I found from my first torts tutorial that I really was fascinated by the law. I was very fortunate to study at UNSW Law School, which was quite a new law school back then. At UNSW we learned in a tutorial style (no lectures, no 100% exams), based on us doing our readings and discussing questions and dilemmas put to us. We had luminary law teachers, many of whom were passionate about law reform. I saw that lawyers and law could make a difference to people's lives and that a more just society may be possible. 

What area of law do you practise in, and how do you come to specialise in this area?

In 1992, I became an accredited family law specialist. I came to family law after being asked by the family law partners at my then firm to prepare the property forms for some complex family law matters. My first really big family law matter was that of a famous Australian artist. It had everything – flamboyant personalities, fascinating stories of art, travel, sex, and illicit drugs!

What is the most rewarding aspect of what you do?

I walk side by side with my clients as we work through how best to sort the arrangements for children, and for finances. A relationship breakdown can result in very complex property divisions. My focus is on resolution as far as possible without court, using negotiation, mediation, arbitration or collaborative law, depending on the type of matter and the needs of the client's and their family, Over time, family lawyers can help the client move from what might be a deep hole and desolation to on to a new normal, so they can get on with their life.

What are some examples of practical elements in your practice area subjects?

The assignments in family law are practical – they include preparing documents used in real life family law practice, such as case outlines, balance sheets, financial questionnaires, advices, etc.

Why is it so important to learn from practising lawyers, rather than career academics?

Practising lawyers are across the law as well as the practice and procedures which happen every day in law firms and legal clinics, and in mediations and in court. Practising lawyers also know the challenges that lawyers and their clients face, and how the court and dispute non- adversarial resolution systems work in a family law context. And practising lawyers write the learning materials, teach and mentor students across all College of Law courses.

What can students expect from the College of Law experience? How might it differ from their prior university experiences?

The College of Law is a very practical and hands-on learning experience. The focus is on the student's learning. In the Master of Legal Practice there is a series of resources for each topic and task/assignment. The resources might include links to statute , case law, court rules, and practice directions, as well as quizzes, videos and audio files. The resources are used by the student to prepare their submissions. The student then submits work and is given tailored feedback on their submission so they may fine tune their work. The student is engaged and reflects on their work and this is reflected in their later submissions which build on work earlier in the subject.

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