Andrew Smith

"I never thought I would have to work so hard to say so little" is one of the key lessons Andrew Smith has learnt since becoming a barrister. Andrew quickly realised courts are busy places with massive amounts of matters and issues to get through. Therefore judges and magistrates generally do not have the time and patience to listen to verbose arguments — it is better to get straight to the point!

At Earle Page College we are always excited to find out what our alumni have achieved since leaving us. Andrew Smith lived at Earle Page College between 1998 and 1999 and again from 2002-2003. He chose to leave home and enrol at UNE on the advice of one of his high school teachers who advised him to have a complete university experience and especially the great experience that is living on campus at college. As a result of this advice Andrew found himself at Earle Page College. He lived in both Mid A and Bot C and was the SFK Convenor in 2003 and completed his BA/LLB (Bachelor of Laws) between 1998 and 2005.

Andrew is currently completing his Master of Laws (Research) at the #UNELaw School under the supervision of Dr Kip Werren and Dr Ottavio Quirico. His thesis relates to Insolvent Trading. Andrew is a barrister-at-law at the NSW Bar who specialises in amongst other things, personal and corporate insolvency. He was first exposed to the law of insolvency whilst working as part of the legal team acting for Unions and Asbestos Groups during the Special Commission of Inquiry into the Medical Research and Compensation Fund (‘the James Hardie Inquiry’). Having come from a modest working class background, Andrew was both surprised and intrigued that the law allowed for a person to compromise their debts, as compared to paying them.

Andrew completed his undergraduate law degree in 2005. Both during and following completion of his undergraduate study, he has been working in the legal industry. He was admitted as a barrister in 2009 and is one of 5 Indigenous barristers practising at the NSW Bar. He primarily practices in the areas of bankruptcy, insolvency, and mortgages and securities law.

"I never thought I would work so hard to say so little." This is one of the key lessons Andrew learnt since becoming a barrister. Through his practice, Andrew appreciates the considerable size of the caseloads managed by courts. More importantly, he has learnt that to be an effective and persuasive advocate requires, amongst other things, brevity. It is better to get straight to the point! "If you can’t distil the substance of your case for a two week trial into a few sentences, it is unlikely that you understand your theory of your case. Remember the 5 Ps - Proper Preparation Prevents Poor Performance! Through proper preparation, invariably one ought to be able to distil from volumes of evidence, their theory of the case and why they have a winning brief." Andrew observed that "whether I am always successful at achieving this end, is open to debate."

In 1988 when Andrew was in Class 3J at primary school he was asked by his teacher to answer the following question - what would you like to do when you leave school? Without hesitation, he replied "I want to be a lawyer." At that young age, Andrew did not appreciate just how much hard work and tenacity would be required for him to reach his goal.

When Andrew was admitted as a legal practitioner by the Supreme Court of New South Wales, both he and his family were very proud. He was the first person in his family to attend university and be admitted as a legal practitioner. His admission was the culmination of years of hard work which he never would have achieved without the support and encouragement of his family.

Andrew said his parents always instilled in him a sense of justice and equality of opportunity. Andrew was quick to make the comment that equality of opportunity is to be distinguished from equality of outcome, an outlook with which he does not agree. Andrew’s parents encouraged and supported him and his three brothers to engage with as many opportunities in all spheres of their life as possible. His parents were not concerned with what path he ultimately took, what mattered was that he had the opportunity to make choices. Ultimately, whilst Andrew chose the path of a profession, his three brothers elected to take up apprenticeships and become tradesmen. Andrew said "I am the son of a tradesman, my father, who is the wisest man I know, taught me if I can pull something apart and put it back together again you know how it works. It is this attitude of immersing myself in the briefs as part of my preparation for trials which I consider integral to be able to distil a theory of each case and achieve brevity."

Andrew identifies as an Indigenous man descended from the Tubba-Gah people of the Wiradjuri Nation. Andrew’s First Nations identity was a matter clouded by historical impacts upon his family including the racism experienced by them in the mid to late 20^th century. Some family members told him that his complexion and features were the product of Maori in the family. In part the shroud of mystery around his culture was a product of the experiences of his ancestors. They lived during a time when taking children from First Nations families and attempting to assimilate them was the government policy – otherwise known as the Stolen Generation. Secondly, in rural NSW during the mid-20^th century, in order to increase the prospect of procuring work and avoid being placed on a mission, it was considered expedient to identify as Maori. It was not until his 20s that Andrew began to experience a spiritual awakening and developed a greater connection with his First Nations culture.

Andrew expressed the immense satisfaction he recently experienced when he moved the admission as a legal practitioner of the Supreme Court of New South Wales of another Wiradjuri man, Jason O’Neil. He said "It is heartening to see more First Nations people entering the legal profession, but there is still a lot of catching up to do. Currently there are 5 First Nations barristers practising at the NSW Bar. If the number of First Nations barristers was proportionate to the population of NSW there would be 73 of us."

Thank you Andrew for sharing your inspirational and heart-warming story! Julia Warren - Senior Lecturer- UNE School of Law and Vice President and Engagement Officer of the EPC SCR.