Q&A: Journey To Becoming a Barrister

work. Of course, our ethical duties come first. We are privileged to be able to address Courts on behalf of others - and the integrity of the system is the most important thing. But there are so many ways to craft a legal or oral submission and so many choices. Where to begin? What order to go in? What is the best way I can put this? And it’s essential to think about others: What is likely to appeal to this particular decision maker and why - and how can I make it easier for them?

The potential range of work is also breathtaking! Of course, you should only accept work you can capably do - but as the years go on and you improve, you might find you can appear in a broader range of matters - and it’s amazing how something you learn in one matter can help you in another.

It can be stressful work - but then there’s afterwards - when the sky seems more blue, the air seems even cleaner, and you feel like you can breathe out, soak it all in and go and have an ice-cream!

Any tips for law students?

Thousands! But let’s go with three…

1. if you love the law, give it your all. But if you don’t love it, consider very carefully what you are doing with your life! Life is short. 2. Good mentors are invaluable - if you have the opportunity to work with people who are good at what they do, and care about you, you are really blessed. 3. Most importantly, please be kind - to yourself and others.

Good luck and go well!

Life as a Family Law Mediator and Barrister

Amanda Thackray

Mediator – Barrister – Coach

What does an average day look like for you?

As a barrister and mediator, my days are quite varied. Some days I am appearing in the Family Court or Children’s Court, or providing opinions and advice to solicitors, other days I might be meeting with clients to coach them for mediation or run joint sessions of mediation, or in the office catching up on admin or researching new skills that might be useful in my mediation practice.

Family law is an area that touches on so many other areas of law - to name a few, tax, trusts, wills, corporations, bankruptcy and criminal law. So whilst it is a fairly specialised area, in which I do not recommend dabbling, you will actually come into contact with many other fields making the work diverse and interesting. After over a decade in practice, I am yet to be bored by a family law matter!

What was your path to becoming a family law barrister/mediator?

I completed an articled clerkship at a leading Family Law firm in Perth before taking a position at Legal Aid where I provided legal advice on family law, care & protection and restraining order matters. I was also honoured to serve for a period as the Legal Associate to Chief Justice Diana Bryant of the Family Court of Australia. After I had been practising in family law for around 5 years, I took the plunge and became an independent barrister initially joining John Toohey Chambers. I am now part of a very small chambers named after my late Father, “Stephen Thackray Chambers”.

I am working more frequently as a mediator these days. In over a decade of practice I have come to believe that in the vast majority of cases, matters are best resolved outside of court. Especially where there are children involved. The focus between former partners in most cases should be on developing ongoing healthy communication and solid co-parenting, rather than trying to bind the other person to a set of inflexible orders that may or may not even suit the children, or parents themselves, as they grow.

I have therefore developed a mediation model which involves the participants spending more time working on understanding one another and the true reasons behind their conflict, and learning conscious communication techniques, so they are better equipped to handle the inevitable future changes in their children’s lives.

What advice do you have for people considering a career in family law?

Family law is an area where there is a lot of “grey”, so you would need to be comfortable with a level of uncertainty and nuance.

It also helps to develop a capacity to see past legal problems to the real issues often underlying a dispute. Our clients come to us not just to “get legal advice”, but because they believe (consciously or otherwise) that there is something we can do that will improve their life. And very often, going to court or writing multiple letters to the other party is not going to improve their life circumstances, as these things cannot resolve (and often exacerbate) the real issues often underlying a family law dispute.

A question I am asked frequently is how do I manage working with people in such a heightened emotional state. It is absolutely essential to develop some skills in self-care.

Even though it is great to be empathetic with clients, it helps to remember that these are your client’s problems, not yours; they have or can access plenty of emotional support and you are far more useful to your clients as a lawyer if you remain detached enough to provide unbiased legal advice.

Practices such as Cognitive Behavioural Therapy, Non-violent Communication (for self-empathy) and mindfulness practices such as meditation