Toby Nelson: Empowering those who fall through the cracks
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.
Read more about 50 years of Monash Law Clinics and buy 50 Years / 50 Voices here
From before he began his law degree at Monash, Toby Nelson was alive to the opportunities of the Monash clinical program. He participated in the Family Law Assistance Program in 2021, and the Lawyer Assisted Family Dispute Resolution Clinic in 2023. Since graduation, he has continued to make family law his focus.
Family law fascinates Nelson because every day he works with individuals going through one of the most difficult periods of their lives. He finds it rewarding helping his clients navigate a relationship breakdown and start afresh. He’s also fascinated by how family law evolves as societies change.
Nelson was the first person in his family to attend university and didn’t grow up around lawyers. At Monash Law Clinics, he was able to face his fears that he might not have what it takes to be a lawyer, and to put those to rest.
His first experiences interviewing clients at Monash Law Clinics remain vivid in his memory to this day. He recalls just how affecting it was to have a client sit metres away from him, with real emotions, a face, a voice and a powerful story to tell.
His first client needed assistance with a parenting matter and was seeking to escape horrific domestic violence. She was also struggling with unstable housing and trying to provide for her children. Nelson was struck by the assistance Monash Law Clinics provided to disadvantaged individuals and its capacity to provide advice and support to people who might otherwise fall through the cracks. Nelson also enjoyed the relationships he forged and the chance to work under the supervision of experienced and insightful lawyers.
He shares one piece of advice that he has carried with him from Adiva Sifris, one of his supervising lawyers. Nelson told Sifris he was feeling disheartened after speaking to a client who was dealing with an array of complex legal and non-legal issues. He was disappointed he couldn’t do much other than refer her to various other services.
Law graduation day 2023.
Read more about 50 years of Monash Law Clinics and buy 50 Years / 50 Voices here
Sifris pointed out that lawyers can rarely solve an individual’s long-running legal issues, not to mention their past trauma and current hardships, during a one-hour interview. Sometimes, she said, simply being willing to patiently listen to someone, then talk them through options, can make the world of difference.
Nelson spent two years as an associate to Chief Justice Alstergren AO at the Federal Circuit and Family Court of Australia, just after the Federal Circuit Court of Australia merged with the Family Court of Australia. Change was afoot and being a part of the inner workings of law-making was an unforgettable experience, one he continues to view as a career highlight. He’s now a family lawyer at Lander & Rogers.
While Nelson’s experiences convinced him family law was the right choice, he believes the experience would have been just as valuable if it had shown him it wasn’t the appropriate area of law for him. He notes that it’s often moments of uncertainty, doubt or anxiety that allow law students to develop a better understanding of themselves. His advice to clinical placement students is to ‘be curious, take the plunge and give every experience your all’. He’s confident that anybody who does that will learn lessons that will help them throughout their career.
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.