Kristine Hanscombe KC: Serving with rigour and emotional intelligence
50 Years / 50 Voices: Learning law and changing lives is a commemorative volume marking the 50th anniversary of the ongoing Monash Law Clinical Program, a pioneering initiative in clinical legal education undertaken by the Faculty of Law at Monash University. 50 alumni of the Monash Law Clinical Program shared their story with 50 current students of the same program. This is an excerpt from the book.
Dr Kristine Hanscombe KC is a barrister who practised in the fields of administrative law, commercial litigation and equity for more than 30 years. She has a particular interest in engineering and scientific matters – shaped by her academic background in physics and mathematics. Hanscombe has previously worked in research and pure mathematics, as well as running a bookshop, before starting her law degree in her mid-30s.
A proud alumna of Springvale Legal Service, Hanscombe came into contact with people who were often unaware of – and had no means of obtaining – legal services, including many for whom English was a second language.
She reflects that it was ‘a big advantage to have had a bit of life experience’, particularly when confronted with the difficult circumstances faced by many of their clients. Hanscombe credits Springvale Legal Service with instilling a lesson that has remained with her throughout her career: ‘Every single thing you can do for someone in court matters – it’s somebody’s case.’
Prior to starting her law degree, Hanscombe and her husband were running a bookshop, which was ‘bumping along at the bottom of solvency’, leaving them barely scraping together a living from two premises just beyond the university campus. At the same time, she had two small children and was craving intellectual stimulation.
The then Whitlam government reforms made it possible for her to return to study and she chose law. ‘I didn’t intend to practise law, but once I started I found it was a natural fit,’ she says. She adds: ‘I am very conscious that this couldn’t happen now.’
By the time she arrived for her first day at Springvale Legal Service, she was keenly aware of the considerable disadvantage experienced by many in the local community. This gave her a lasting awareness of those who remain ‘grossly disadvantaged’, whether financially or educationally, in access to justice.
Following her graduation from Monash Law, Hanscombe completed her Articles at what was then Arthur Robinson & Hedderwicks (now Allens). However, she soon realised that her passion for specific areas of law did not align with the work of a commercial law firm. Instead, she aspired to become a criminal barrister due to her strong interest in the law of evidence. She became a barrister in 1989, and read with the late Brian Bourke AM.
As a barrister, Hanscombe was briefed by regulatory agencies, including the current Victorian Legal Services Board and Commissioner. This led to a collaboration with Emeritus Professor Adrian Evans, one of the most influential figures during her clinical placement, who she still spots near chambers in Melbourne’s CBD.
Another key figure was Professor Bryan Horrigan, then Dean of the Law Faculty, who established an advisory board for the clinical program. Hanscombe served on the board from its establishment until the COVID-19 pandemic. She remains firmly convinced of the value of clinical experience for law students and their clients.
Read more about 50 years of Monash Law Clinics and buy 50 Years / 50 Voices here
Clinical program student identification, Monash Law Collection
Hanscombe also has expertise in class actions spanning 25 years. She describes class actions as an ‘extraordinarily powerful vehicle’, enabling a large number of people with small claims to achieve meaningful outcomes, and emphasises their untapped potential in areas of social justice. She says that ‘a lot of people are frightened off by the scale of class actions’, but adds that they need not be. ‘If efficiently run, it’s remarkable what you can achieve,’ she says.
For instance, Hanscombe recalls Duval-Comrie v Commonwealth, a 2016 class action which she led on behalf of approximately 13,500 intellectually disabled workers who were earning as little as $2 per hour in supported workplace enterprises.
Hanscombe frankly acknowledges that workers with such minimal wages ‘had no hope of ever being able to mount individual litigation’. Following the Full Court’s 2012 test case decision, Nojin & Prior v Commonwealth, which rejected the federal government’s Business Services Wage Assessment Tool as being discriminatory towards intellectually disabled workers, the associated class action ultimately settled. Hanscombe firmly believes that the positive outcomes would have been impossible had the workers pursued litigation individually.
Similarly, Hanscombe is leading two class actions against Queensland’s former Department of Community Safety, representing Indigenous families to address critical failures in the department’s statutory duties. The plaintiffs’ claims seek to restore the children’s cultural and family connections, as well as challenging unfair assessment of conditions imposed upon parents seeking reunification with their children. Here, too, Hanscombe highlights the stark reality that none of these individuals could realistically achieve such outcomes independently. She describes it as an ‘access-to-justice’ issue.
‘The utility of class actions to provide access to justice for individuals against wellresourced defendants has been demonstrated in many areas, including mass tort, misleading conduct, and other David and Goliath battles,’ she says.
Hanscombe’s understanding of advocacy has evolved considerably over time. She imparts a message that she hopes will deeply resonate with emerging lawyers: at first, it is easy to be blasé about legal work that seems less ‘meaty’ – such as travelling ‘off to Wangaratta for an instalment order’ (a periodic debt repayment). But the outcome can significantly change the course of the client’s life, she says. Hanscombe stresses that as lawyers and advocates, we must not lose sight of those we represent and must strive to uphold our duty to them with the utmost integrity, ensuring that our work serves the community not only with rigour, but with emotional intelligence.
In some part, this also requires the ability to tolerate anxiety – a quality that exists in most barristers. In Hanscombe’s view, anxiety is the ‘occupational hazard of the legal profession’. ‘We must all learn to recognise and manage it. It is essential not to be overwhelmed by stress or anxiety. That will only lead to less effective advocacy, as well as personal distress.’
Hanscombe’s reflections highlight the imperative role clinical legal education can play in the professional formation of students. Monash Law Clinics offer firsthand supervision and a fast-paced, collaborative legal environment that encourages students to recognise that they will not always have the right answers – and that such uncertainty is an essential part of the learning process. For Hanscombe, her placement at Springvale Legal Service was a transformative experience – not only in fostering confidence, but in cementing her belief that true advocacy is an act of service to others.
Read more about 50 years of Monash Law Clinics and buy 50 Years / 50 Voices here
Get involved with Monash Law Clinics
Monash Law Clinics combine legal education with real-world impact, supporting access to justice while equipping students with practical, ethical and professional skills.
If you are a student interested in undertaking a clinical unit as part of your studies, explore the available clinical placements and elective options.
Whether you’re an alum, practitioner or organisation keen to support the clinics through hosting placements, partnerships, volunteering or funding, there’s a way to be involved. To learn more, contact Emily Collard, Industry & Alumni Engagement Manager, at emily.collard@monash.edu.