Written By Kit Williams

What is COMPENSATION Law?

Compensation law covers a wide range of personal injury matters. When a person suffers physically or psychologically or dies due to someone else’s negligence a compensation claim can be made. Personal injuries are many and varied, occurring under different circumstances, with the law categorising personal injuries accordingly. For example, vehicle accidents and workplace injuries are overseen by laws specific to the circumstances. These can include workplace accidents, motor vehicle accidents, medical negligence, or public place injuries.

People making compensation claims are usually unfamiliar with the procedure. In addition, personal injury claims require evidence, which can be difficult or even traumatic for affected persons to obtain. Compensation lawyers help plaintiffs navigate this difficult terrain.

Natalee Davis is a compensation lawyer with extensive experience in personal injury matters, including motor vehicle accident claims, workplace accidents, public liability, medical negligence, assaults, defective products, and claims against superannuation funds for those unable to return to work due to serious illness or injury. She is also a yoga teacher in her spare time as well as a member of the District Law Society and a regional delegate for the Wollongong district for NSW Young Lawyers.

INTERVIEW

What made you gravitate towards compensation law? Is it an area of practice that you were interested in early on in your career?

I just happened to stumble upon some experience in compensation law when I worked full time at a law firm when I was studying. I didn't really have any expectations about what it would be like.  but once I was in there I immediately found that it resonated with me for a number of reasons. I really like the complexity of personal injury cases. I liked the multifaceted nature of the claims and the fact that they cover various jurisdictions. I really liked learning about the human body and, of course, I really liked helping vulnerable people.

I studied law because I wanted to help people. In fact, I initially wanted to work in human rights. I studied international human rights law and EU law for over a year at the University of Copenhagen. I worked pretty closely with some of my lectures on big research tasks and I got involved at the European law student association. I was convinced that after being admitted then I would return overseas and actually do that kind of work. However, when I came home, I did my PLT and returned to the personal injury law that I really loved. And I came to the conclusion that actually returning to work in personal injury, working closely with individual members of my community that have been injured or abused or psychologically harmed had a greater positive impact and was more fulfilling for me. I've actually never regretted that choice because I really love my job. But I think I needed to experience a taste in international human rights law in order to confirm that's the case. But that's my journey. It took me literally all the way around the world and then back home again to Wollongong, where I’m working now as a Senior Associate.

I guess if anything there's a lesson that turning around and pivoting is not really giving up because it's a good idea to reassess if what you are doing is actually serving you. I’m really lucky I did that because I've found my passion, I think, in personal injury law.

What advice would you give students who are unsure of which area of law they would like to practise in?

I think my advice is that students should spend a little reflection time. It sounds silly, but thinking about why you studied law, what part of the law really engages you, connecting with your goals and the things that really interest you, and maybe even thinking about what a perfect day at work would look like for you. Who are your clients? Are they individuals or companies? Are they highfliers? Or are they mums and dads? Do you want to be at court on your feet? Or would you prefer to be in the office? Is your work transactional; is it technical; is it adversarial; is it something a bit more maths focussed, such as leverage deals? Is it an area of the law that doesn't vary too much across jurisdictions if working internationally? What do you actually enjoy doing? What are your interests? And then I suggest you start researching and asking questions about what kind of roles and opportunities exist within a space that aligns with what makes you tick and understand what those roles mean at a day-to-day level. You can do that by reaching out to people. You have nothing to lose, and with research, you can always learn more; you can dive into that world you want to know.

There is all sorts of research you can do. I listen to a lot of industry podcasts. You can read articles by a lot of prominent lawyers in your field. You can even scroll the websites of the firms you might be interested in. All this stuff will give you an insight. Another thing that I really recommend is, for anyone who is uncertain, to join a committee for young lawyers if there is one for an area of practice you are interested in. Unfortunately, there's no committee for compensation law, per se, but there is a work health safety and employment law committee. There's also a human rights committee that is kind of related to my area of law.

I'd say don't box yourself in. Don't be afraid to pivot. Don't be scared of being uncertain. Use that uncertainty as an invitation to research and find out. If you don't know the answer the best way to find out is by researching. My advice is that you shouldn't feel limited by whatever jobs are being advertised. You should aim to feel empowered about what you personally would like to do, the unique skills that you have to offer, and the steps that you are taking to get yourself there. Lawyers spend a lot of time at work. Like, a lot of time at work! And you're doomed to fail if the work that you're doing isn't rewarding for you.

Could you give us an overview of a day in your life as a compensation lawyer?

Absolutely! My gig as a compensation lawyer, we sometimes call it a personal injury lawyer nowadays, is really diverse and it's an absolute whirlwind. I practise personally in all jurisdictions within personal injury. That includes workers compensation, public liability, motor vehicle accidents, asbestos, dust diseases, sex abuse, medical negligence, and super claims for permanent physical disability. So they’re the kinds of jurisdictions that claims fall within. But, within those claims, there are a number of disputes that arise. So you kind of have to work on those on a day-to-day basis. And the kind of disputes that you're looking at as a compensation lawyer is whether or not a subject accident arises from negligence, whether or not and to what extent an injury is caused by accident or something that might be a pre-existing condition, the extent of loss and damage that arises from an injury including, for example, economic loss, a need for past and future treatment, and a need for domestic care and assistance.

In statutory schemes, such as workers compensation and motor vehicle accidents, there is very often a dispute as to whether a certain kind of treatment that's been recommended by a doctor is reasonable and necessary and in fact related to an accident claim. What you need to do is obtain evidence that to ensure that your clients get access to the treatment that they need. And there are also other complex legal arguments that come about when you're in an area that is quite litigious, such as the admissibility of certain kinds of evidence and the extent to which a defendant might be indemnified by an insurer. In order to sort out those kinds of disputes, your day-to-day world is speaking with clients a lot. So you're meeting with clients, you're speaking with them on the phone, you're getting updates from them, you're reading medical reports.

I spend a lot of time interpreting clinical records and radiological scans, reading medical reports, speaking with doctors and barristers, drafting letters of advice, pleadings, and submissions, attending mediations and settlement conferences, advocating for my client in the Personal Injury Commission, and appearing in court. As I said, it's a bit of a whirlwind but each day is very exciting. There are certainly no two clients or two claims that are alike. It keeps me on my feet.

What is the most fulfilling aspect of your job in compensation law?

I really think that the most fulfilling part of my job is every day I get to work towards improving people's lives. I get to form real connections with my clients. They are, in my experience at least, always really grateful for my help and I'm often working for them in what is the hardest part of their lives. I get to be a bridge, if I can put it that way, to helping them obtain some security and some closure in their lives. But in another way, I guess, it's fulfilling because it teaches me a lot all the time. I'm always learning and I’m learning about people, about how our bodies and our minds work. I also get to learn all sorts of other things like, for example, best practices and industry standards in managing risks to physical and psychological injury. If you have a big machinery accident you get to learn about hydraulics and all sorts of things when you need to work out whether the accident arose by virtue of negligence. And so I'm always learning and know cases alike. I think that's something that's really fulfilling as part of the gig.

Do you find that being drawn into the, often very unfortunate, circumstances of your client's circumstances can be emotionally taxing?

Look, I think that it can be. And, certainly, the factual material that forms the basis of claims can be gruesome. You're dealing often with horrific injuries and injuries that people have sustained from traumatic events. If you're very empathic, you're probably leaning towards this kind of area of the law to begin with. But my advice would be that if you stay on task at your job as the lawyer and you have a strong stomach it actually gives you a little bit more power. I read a lot about managing stress and things like that. We are lucky to practise at a time when there is lots of science about happiness and managing stress. A lot of the research tells us that when you're stressed for a good cause it's a good kind of stress. So, I think it can be used as a vehicle if you can angle it right. But it certainly has the potential to be hazardous and it needs to be managed in that way.

What is the most difficult aspect of your job in compensation law?

Probably the most difficult aspect of being a compensation lawyer is the fact that our industry changes a lot. It changes all the time. It's pretty topical and it means that we do have a lot of legislative change. Getting across new laws and new processes is means that it can be tricky, and you need to be resilient, you need to be able to adapt to change. 

What has been a highlight in your career? What was the most exciting project or memorable case that you have worked on?

One good thing about doing personal injury is that you do get to work in court on matters that are litigated and that often become exciting from a factual perspective but also quite technical. Last year I had quite a big case against the state that actually proceeded to a fully contested hearing and during the course of cross-examination of my client, some of her personal communications were produced. These have not been produced by a subpoena and it led to some really extensive interlocutory hearings. First, we had to obtain the materials that the defendant had acquired by means other than a subpoena. And second, we had to exclude all of that evidence pursuant to what we argued was improperly or illegally obtained evidence. It was really exciting because it involved complex policy arguments about the nature of proper purpose and procedures and the principles of disclosure when it comes to the requirement of parties to put their cards on the table prior to a hearing.

Those interlocutory hearings were really difficult. The majority occurred throughout a lockdown Anne required me to review over 11,000 pages of material in less than a week. I had to organise it with chronologies and all sorts of stuff to make it useful for my counsel. But it was good. The hard yakka paid off and we were successful in obtaining two judgments in our favour and we got an indemnity costs order. It was a memorable case and I think it was an important achievement because I believe there's a lot of public interest in the arguments we were running about the legitimate discovery of personal material, about standing against a tactical decision to create a trial by surprise. We were saying “This shouldn’t happen. What should be the proper process?”.

But I should probably raise that aside from the technical wins and the legal arguments each matter is rewarding in compensation law in its own way because you get to work for people and people can be really inspiring in the way that they overcome adversity. Seeing my clients transform throughout the process is an emotional highlight. I had a client that used art to manage his psychological trauma and he would often use the letters in his case as part of his artwork. It was kind of the substance and the subject of his artwork. After his case settled, he invested in his art, and he also invested his money in supporting other people affected by mental illness by using art as therapy. It's been really successful. He has a yearly art exhibition now for people that use art as an outlet for psychological problems. I go there every year and it was an important part of my career because settling his case has been an empowering catalyst for him to then go on to create waves of positive impact in our community for those that suffer mental illness. As a personal injury lawyer, you get to have a legacy after each case.  and it's not just by virtue of a technical legal argument you run, it's also witnessing a transformation that occurs when you impact peoples’ lives for the better.

How do you manage your work-life balance?

This is a really important question because, in my experience and particularly in that week, lawyers get sucked into the world of the law. It can turn into a bit of a black hole sometimes. I really do believe that the best way to manage your work-life balance is to recognise the importance of a separate life for you outside the law that is in no way affected by how things are going at work. If you don't, in my experience there is a potential for your happiness to be tethered to your work. When you say that out loud it sounds a bit crazy, but it does happen. Sometimes you have great cases and things are going well. You're settling things left right and centre. The world is all sunny and bright. And then sometimes a big case can take a turn, or you need to run a case that is really difficult that you are starting to feel is a massive loser. It's all-consuming and the world gets really dark at that time. Your entire happiness really shouldn't be tied to your work in the same way that it shouldn't be tied to your uni work. These things kind of ebb and flow and it's really beyond your control a lot of the time. So I think that if you're someone who struggles to switch off, someone who is a high achiever like most lawyers and law students are, you need to have a bit more than that.

I've got my international certification and I'm a yoga teacher. I also teach meditation a couple of times per week. This is another job and so it doesn't sound like a work-life balance but it's important because it's another part of me that exists outside of and beyond the law. In addition to doing my usual paid yoga classes, I also teach volunteer yoga and meditation classes to underprivileged people in my community. I've done this with, for example, displaced youth, young mothers that need support, and people suffering from mental illness.

Altruism, belonging, spending time outside, and physical activity are all important. I'm lucky to have been able to pursue two different kinds of careers alongside one another and it has forced me to make time for those things that I love to do. But I'm also really lucky to have an identity that is greater than just being a successful personal injury lawyer. I definitely would encourage young lawyers to seriously pursue their passions outside the law. It's not mutually exclusive. I actually wish that I had figured out earlier that you shouldn't just aspire to become a successful, fancy-pants lawyer. You can actually become a lot more than that when you seriously pursue your passions alongside seriously pursuing your career in law.

What skills do you need to work in compensation law?

It’ll probably come across as no surprise that an interest in helping people is really vital. If you have a good baseline for strong interpersonal communication, including not being scared of having difficult conversations or being exposed to difficult subject matter, that would also really help you. To be honest, in my view that’s about it. Because virtually all the many technical skills required can be taught. And they’re actually far more easily learnt when you’re passionate about what you’re doing When you care about something and want to be able to do it really well, you’ll be far more interested in picking it up, and do what is required to succeed.

What electives would you suggest to someone wishing to pursue a career in compensation law?

I was a bit scared about this question because I’m not the best person to ask. Personally, I’ve pursued my goal of completing my undergraduate overseas. All of my electives were in European law, human rights law and international treaties which were absolutely helpful to know. But I guess it shows that there’s no real pressure. I think that some universities do offer advanced torts, and that would be helpful. I’d certainly recommend taking an employment law elective if you’re planning on practising in workers’ compensation particularly. Human rights law as an elective would also really help.

What do you think will help aspiring compensation lawyers stand out from the pack when applying for clerkships/internships?

I think the best applications that I read are always the ones where someone’s personality really shines through. What would help aspiring compensation lawyers is that you shouldn’t be scared to be yourself, because all of the best applicants do, in my experience. I would encourage all aspiring young lawyers to avoid following what they think might be the recipe for a successful candidate and focus on their own unique set of skills and strengths that they will bring to the role and their own unique set of skills and strengths that will also add value to the firm. Know your strengths, know who you are and where you’re coming from. I think the best way to stand out from the pack is to just be yourself, acknowledge that you have a unique set of skills, values, experiences, extracurriculars and interests. All of these things, including your entire university journey so far will add value to your role as a compensation lawyer.

Have you come across a lot of people who make themselves as broadly appealing as possible but then trim down the bits that stand out about them?

I think so. Each firm has a different kind of applicant that it’s looking for, so I can only speak from my perspective when I say that when you try to appeal to everyone, there is a danger that you’re not appealing to a lot of people and you’re just falling within the ranks. When you be yourself, and you’re brave enough to highlight who you are and let your personality sing in an application, my experience is that you’re rewarded for that, because people want to know people. When you’re employing people, it’s not just about the kind of work and the standard of work they do. Their ‘why’ is really important and the fact that they’re intending on spending many hours a day with you is also really important too. There are things that make everyone special, and they are what should be highlighted in the applications.

Do you have any thoughts on how compensation law may develop in the future? Are there any major developments within the industry that may impact your work as a compensation lawyer?

Absolutely! It's always developing and changing. In a way, I feel like compensation law, like all areas of the law, does a good job of reflecting our world. And so, I don't think it's an area of the law that goes away. When one area of our industry shrinks there's always another area that’s growing. People, unfortunately, are always injured physically or psychologically.  they will always need a strong level of support from a lawyer that can help them navigate that. But we've seen a lot of big changes. Recently this year we had the Personal Injury Commission be established. Now that's pretty huge. It's an entirely new commission and it's being cold a one-stop-shop for statutory claims. So in NSW, that's workers compensation and motor vehicle claims; these are claims that are exempt from the court process. And there are some really serious murmurs about the changing structure of motor vehicle accidents that are subject to the 2007 act and in particular the cost structures to be improved. And we know that even the Royal Commission into institutionalised sex abuse several years ago gave rise to the really important changes in the world of abuse law. That area of law is kind of now establishing itself on its own with the abolishment of limitation periods and a shift in the burden of proof. It now provides an alternative statutory compensation that we didn't have before with the national redress scheme that has empowered survivors to share their stories and make claims about how institutionalised sex abuse caused them psychological injury, loss, and damage.

Like virtually every single aspect of our world, personal injury law was greatly affected by COVID. There's a pretty topical debate at the moment about Australia implementing a vaccine compensation scheme. There are about 25 other countries, including our friendly neighbours in New Zealand as well as the UK, Canada, and the USA, that have implemented these no-fault schemes for the unfortunate few that have been unlucky enough to develop some serious disabilities as a result of getting a COVID vaccine or, in fact in the US any vaccine at all.

The expert commentary and statistics are clear that the risks and dangers of vaccines are small but there is inevitably an unlucky few who will develop some serious disabilities. So, on the 2nd of July, the government actually announced that it will be implementing a COVID-19 indemnity scheme. We don't really know the details of that scheme and we don't know how it is structured. But it is important to note that from what we do know, the scheme doesn't prejudice existing workplace rights or other legislative entitlements. It's actually an entirely new avenue for compensation for those who are injured from a vaccine. So that's something that's very new and an example of how compensation law is a reflection of our world. It adapts a lot and quite quickly to what's happening in our world.

COVID also affected the workers’ compensation sphere a lot. An obvious example is that people are contracting the disease during the course of their employment. But a less obvious, but more prominent, example is that people began to sustain quite legitimate psychological disorders during the course of their employment often due to bullying and harassment following failures to properly manage risks or to implement COVID-safe policies and procedures. Again, it's another space in our world that is very new and is still developing.

You are also a representative for young lawyers for the district law society. How did you get into this role and what do you do as part of it?

I was nominated by a colleague who is on the executive District Law Society, and I was then elected by the Executive to become the representative for young lawyers in my region. My role is also linked to NSW Young Lawyers, which is a separate organisation. It means that I’m also a regional delegate for the Wollongong district for NSW Young Lawyers. We know that young lawyers are defined by the Law Society as those who are less than 36 years of age that are within their first five years of practice. If they are older than 36 years of age, or if they are not within their first five years of practice, if they are studying to become lawyers, they still count. So, it’s quite a broad definition.

As part of my role as the representative for young lawyers in the District Law Society, I organise social events, which makes it a little bit hard when we are in a COVID-19 lockdown. But these are usually about learning or wellness, and normal social things. It means that I’m also an advocate for the law society for issues that are facing young lawyers in NSW and advocate for issues that young lawyers are facing in my region. I get to attend the mid-year and general assemblies for NSW Young Lawyers, where you get to hear from the executive and all of the office-bearers within NSW Young Lawyers and these are people who are incredibly bright. They are all emerging leaders in the profession, and a lot of them are really inspiring. As I’ve kind of said earlier, I would certainly encourage law students to have a look at a Young Lawyers association’s list of committees. Seriously consider signing up for an area of law that interests you. And whether it’s something you want to practice in, or even if it’s something that you don’t practice in but still interests you, it’s a really big opportunity. You get to rub shoulders with people who are really inspiring and who I think, are the emerging leaders within our profession.

It certainly sounds like you’re not scared to have a full plate!

Yes, but it’s nice to think of it as doing things that you’re interested in and not being scared to put your hand up and getting involved in organisations or things that you care about. If I don’t think about it in that way, I’ll drive myself insane, so that’s how I do it. I think, especially for young lawyers or law students who are trying to find their way, if you’re putting your hand up for community organisations or professional associations, or seriously pursuing your passions, you’re only going to be better off and be a more well-rounded lawyer. You’ll be able to give better value to your clients, in so far as your ability to connect with people and to properly service them. 

Suggested Electives/activities:

LAW4301 - Advanced torts

LAW4702 - Competitions and Consumer Law

LAW4310 - Trial, Practice and Advocacy

IN THE NEWS

Family wins first round in workers’ compensation battle over COVID-19 death (Sydney Morning Herald, August 2021)

The grieving family of a man who died from coronavirus while travelling overseas for work last year has won what is likely to be the first round in its battle to have the NSW workers’ compensation scheme cover his death and treatment costs.

Link to article

Proposed child abuse compensation laws in NSW give survivors some hope of justice (Stacks Law Firm, July 2021)

Survivors of institutional child abuse will be able to overturn unfair settlements and pursue much higher child abuse compensation under new laws before the NSW parliament.

Link to article

PFAS contamination class action filed by Jervis Bay community for cultural loss (ABC NEWS, FEBRUARY 2021)

An Aboriginal community has launched a class action against the Federal Government claiming chemical contamination on their land from Department of Defence operations has "destroyed" their livelihoods.

Link to article

Thermomix and the compensation law issues cooking (Carrol & O’dea Lawyers, June 2016)

The recent media on the dozens of complaints about the Thermomix kitchen appliance may have only touched the surface in respect of the compensation law issues at play.

Link to article

learn more about COMPENSATION LAW

SHINE LAWYERS STORIES

Shine Lawyers, where Natalee works as a Senior Associate, has a section on their website with some of their client's stories and resolutions. Click below to read about real cases with real people behind them.

Link to website

PERSONAL INJURY: The Australian Lawyers Alliance

The Australian Lawyers Alliance (ALA) is a national industry body that provides commentary about issues faced within compensation law.

Link to website

MEDICAL NEGLIGENCE: The Australian Health Practitioner Regulation Agency

The Australian Health Practitioner Regulation Agency (AHPRA) is the body responsible for implementing the national registration and accreditation of health practitioners. It has the power to take registration status away from practitioners if they have been found to do the wrong thing or fine them. The decisions on its website may be a good read for those keen on medical negligence (especially for those of you who enjoyed the 'Doctor Death' Netflix series).

Link to AHPRA panel decisions

Link to AHPRA tribunal decisions

ABUSE LAW: Royal Commission into Institutionalised Responses to Child Sex Abuse

The Royal Commission held 57 formal public hearings during which it heard evidence about child sexual abuse within institutions, from 1,200 witnesses over 400 days of hearings, across all Australian capital cities and in several regional areas. These case studies focused on how institutions have responded to allegations and proven instances of child sexual abuse.

Link to website

ABUSE LAW: Child Sex Abuse National Redress Scheme

The National Redress Scheme is in response to the Royal Commission into Institutional Responses to Child Sexual Abuse.

Link to website