Looking back at her rise from senior judicial registrar to the Federal Circuit and Family Court of Australia’s bench, Judge Celia Conlan said it was “enormously satisfying” to hone her skills, build networks, and take advantage of the many development opportunities.
Earlier this month, Attorney-General Michelle Rowland announced the appointments of six judges to the Federal Circuit and Family Court of Australia (FCFCOA) (Division 2), including five who have already spent years at the court as senior judicial registrars (SJRs).
New judges Kara Best, Celia Conlan, Kathryn Heuer, Sharney Jenkinson, Amy McGowan and Dr James Renwick – previously a senior counsel – were congratulated by the Attorney-General and thanked for their “willingness to serve the Australian community”.
Reflecting on the move from registrar to judge, Chief Justice Will Alstergren said in a statement provided to Lawyers Weekly that it was the “perfect environment” to prepare for a career on the bench.
“Those roles provide unique experiences and insight into being a judicial officer, and that our registrars are being recognised in this way is a matter of great pride for the courts,” Chief Justice Alstergren said.
Judge Best, who joined the FCFCOA in 2021, said it has been “a particular privilege and deeply enriching” to work with the registrar cohort, a team that has been “unapologetically focused on delivering safer outcomes to the children of separated parents”.
“The court affords its registrars the opportunity to work with a dynamic group of legal case managers and associates, [who] represent the best and brightest of the next generation,” Judge Best said.
The new judge said a “significant feature” of working with the FCFCOA has been the capacity to teach, mentor and learn from colleagues.
“Whilst the work we do is challenging, and heartbreaking at times, it is highly rewarding, and we are supported by a remarkable level of infrastructure, including particular focus on our personal and professional development,” Judge Best added.
Judge Heuer said the appointments of senior judicial registrars (SJRs) has been a testament to the court’s case management system, which demanded they “work calmly and effectively under pressure while addressing risk and delivering prompt and sound decisions”.
“The skills of the SJRs, together with the court’s extensive focus on continuing legal development, particularly in the area of family violence, ensure SJRs hit the ground running and immediately contribute to the delivery of services to the families in our court,” Judge Heuer said.
From Thursday, 25 September, the FCFCOA will commence a major national recruitment drive for senior judicial registrars.
In conversation with Lawyers Weekly, Judge Conlan said one of the best parts about working at the FCFCOA has been the “enormous opportunities to collaborate”, including with third-party stakeholders like the child protection team, police, and government departments.
When she first started, CEO David Pringle PSM asked what Judge Conlan wanted out of the role, to which she said she wanted the chance to advocate for her cohort on everything from issues in chambers through to writing submissions on their behalf.
“Coming from the Bar where you’re independent and every day is a different workplace in terms of working with different people, you don’t have those sorts of opportunities of collaborating and really working with people to problem solve.
“Thinking of the broader context of the court and the way it has been moving forward in such an innovative and trauma-informed way, it’s been so exciting and gratifying to be part of that experience and really have a hands-on role in it,” Judge Conlan said.
Judge Conlan started out in criminal law, but a desire to make a difference in people’s lives drew her into the family space. While initially at the Bar, her children and the difficulties in maintaining part-time barrister work meant a temporary switch to solicitor.
One of Judge Conlan’s most valuable experiences was her work as an independent children’s lawyer, where she regularly soothed school-aged children and helped them to understand that the dispute within their families was a “grown-ups problem to solve”.
“Almost inevitably, they would cry because children are egocentric and, of course, they think it’s their fault and their problem to solve, and parents don’t kind of understand that this is the absolute reality for them,” Judge Conlan said.
While the voices of those children were not as present while at the Bar, Judge Conlan said they have been “constantly” on her mind in the four years since she joined the FCFCOA.
“I think in terms of experiences I had outside the court, those conversations and that experience of seeing how scarred they were by their parents’ conflict has been really important,” Judge Conlan said.
One of the most important features of her work as a senior judicial registrar, which will assist Judge Conlan in her new role, was the knowledge that people will “hang onto what you say, how they read your expressions, and so on”.
“[I was] honing a really neutral court presence, and also giving people a real sense that you listened to them. Even if you’re ultimately not going to make a decision they want you to make, they know you heard what they have had to say, you have understood what they had to say.
“I would imagine that’s going to be really something I’m very grateful to have had a foundation in,” Judge Conlan said.
Looking ahead, Judge Conlan said she hoped to continue to build on what the FCFCOA has already achieved.
“I think what’s increasingly apparent to me since I’ve been here – probably because we have so much professional development within the court – is there is quite a difference in understanding trauma-informed practice within the court, understanding family violence and the impact of trauma on families, and things like coercive control and how people might use the system to cause stress to family members.
“The court is absolutely world-leading in that space,” the judge said.
Judge Conlan also hopes to continue to give people an opportunity to tell their stories and support them in mitigating harm, both to themselves and to the other person at the centre of the dispute.
“I’m going to give them an answer to a question they have, and they will understand how I got there and be satisfied, or reasonably satisfied, that I got there fairly. I also hope we are better equipped and skilled now to set families up for future success,” Judge Conlan said.
For others considering the same pathway, Judge Conlan said it has been an “incredibly gratifying experience” and would be “enormously satisfying” for those who are ready to bring their expertise into a place where they can make a difference.
“When I made the decision to come here, I thought it was not an easy decision to make because I loved my colleagues at the Bar, but I am so glad that I did it,” Judge Conlan said.
“It’s been an enormously supportive environment to work in, I’ve got wonderful friends and colleagues here as well. Most people become lawyers to make a positive contribution to the world and their society, and a role like this gives you that opportunity in bucket loads.”
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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