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An expert opinion

After 25 years at the Bar and 17 years on the Supreme Court bench, the Honourable George Hampel, QC, has brought his experience to Monash University. ALLISON HARDING reports

Mention the word forensic, and fingerprints and crime scenes spring to mind.

But former Supreme Court judge Professor George Hampel, a professor of advocacy and trial practice, emphasises that the term actually refers to anything associated with the work of the courts.

Professor Hampel (below), the founder and executive director of Monash’s new International Academy of Forensic Studies, is understandably enthusiastic about his new role.

IMAGE Professor George Hampel The new academy, believed to be the first of its kind in the world, has two main aims.

It conducts research into a wide range of forensic issues – such as comparing how different legal systems treat evidence – and teaches experts from any field to become better witnesses in court.

Producing better witnesses is just one of Professor Hampel’s passions. The other is producing better advocates.

After 43 years in the legal system, first as a barrister then as a Supreme Court judge for 17 years and teacher of advocacy internationally, he has watched countless advocates in action and believes that as a rule, Australian graduates and advocates are as good as any.

And in his new role at Monash, Professor Hampel is looking forward to making an even greater contribution to those improvements.

It was his keen and ongoing interest in education that led him to accept last year’s offer to join Monash’s Law School, where about 2000 students are studying law this year.

"It was a great opportunity for a change of career and to pursue something I love," he explains.

"Although I enjoyed my work as a judge, at Monash I can work towards bridging the gap between academia and practice. More practitioners should be involved in the law course, and more academics should be involved in practice."

Professor Hampel, who is also chairman of the decade-old Australian Advocacy Institute and one of the founders of the Victorian Bar Readers’ Course, says the school, which he describes as "progressive", is developing practical work for students in advocacy and trial practice.

The need for competent advocates is crucial to the justice system and the legal profession’s reputation. While some lawyers are better natural advocates than others, all clients are entitled to professionally competent representation, he says.

The focus on advocacy education will tie in well with the aims of the new academy, which was established after a comprehensive survey of Australia’s judiciary.

"The survey came out with some very strong comments about the quality of expert evidence generally and the way in which lawyers handle expert evidence," Professor Hampel says.

The academy will work closely with other faculties in developing courses for a range of professionals, from accountants and engineers to doctors and psychologists.

"If you’re an expert in a field with which the courts may be concerned and are called to give evidence – for example, a scientist who has been involved in developing new DNA techniques – you need to understand the legal system," Professor Hampel says.

"You have to understand the role of various people in court, ethics, how evidence is adduced and evaluated, how to prepare and write reports, and how to present that evidence.

"The same applies to accountants and doctors because the setting in which they work is the same. That’s why this academy will look at the interaction of all disciplines with the law."

One of the major issues the academy is investigating is judicial training, both in Australia and overseas – surprisingly, those appointed to the judiciary in Australia receive no formal training. Already, the judicial council of Italy has asked the academy to conduct training courses, possibly at Monash’s centre in Prato.

After so many years representing litigants and dispensing justice, Professor Hampel is adjusting well to his new position.

"On the bench, particularly in the criminal courts, you’re constantly confronted by people’s tragedies – there’s always somebody who goes away devastated," he says.

"And while you become accustomed to it to a degree, it still affects you. So does the constant restraint imposed on judges from speaking out freely on important matters."

ACTION: To find out more about Monash Law and its current range of activities, visit www.law.monash.edu.au

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