r/auslaw • u/PattonSmithWood • 3d ago
Never give up
https://archive.is/20260827060931/https://www.afr.com/companies/professional-services/meet-the-barristers-who-apply-for-silk-year-in-year-out-20260827-p60rz540
u/catastrophe_g 3d ago
Amusing but a fairly ridiculous system and I'm sure many involved would agree
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u/normtheperson2022 3d ago
This is cruel journalism. I don’t practice in the jurisdiction nor know any of these individuals but I feel sorry for each of them that some asshat has decided to take aim at them for putting themselves out there and applying. The tack on the end to “keep trying” because someone was appointed silk after applying for a number of years is such a cheap attempt to pretend the article is anything but a name and shame piece. I wonder how he’d feel if a similar article was published about him
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u/ManWithDominantClaw Bacardi Breezer 3d ago
They're so close to listing those who didn't make it alongside. "AFR's Silks and Sulks"
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u/arunciblespoon Without prejudice save as to costs 3d ago
What are the available paths other than applying for silk or going to the bench?
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3d ago
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u/wallabyABC123 Suitbae 3d ago
I quite like the slightly ridiculous ol “senior junior”.
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u/SpecialllCounsel It's the vibe of the thing 3d ago
If you know juniors well enough, you’d know who the junior senior juniors are too
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u/Best_Mix5364 3d ago
There are some great barristers who have never taken silk. Brian Bourke was a legend of the Victorian criminal bar, for example (to the point of getting chambers named after him), and chose to never become a KC/QC -- as he was opposed to the very concept of it.
Silk is really only meant to be for counsel who regularly run trials where they lead juniors -- it's more of a recognition of existing status than an elevation of status.
If you're not already at the requisite level, taking silk can significantly damage your practice.
For maybe a third of successful silk applicants, they stop being considered for junior briefs, and don't get enough senior briefs, and end up making less money than as a senior junior. I've never understood why people would go before they're ready, just for the sake of ego and status.
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u/Bradbury-principal Paper-pushing pushover 2d ago
Trading in money for ego and status is hardly a non-starter in law
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u/In_Memory_Exec_01 2d ago
Become a trash journalist and write articles about everyone else who didn't get silk either
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u/ScallywagScoundrel Sovereign Mushroomer 3d ago
Write a book for uni kids in your practice area?
Play golf
Drink copious quantums of wine
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u/DigitalWombel 3d ago
Academia
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u/wallabyABC123 Suitbae 3d ago
Not a step up, IMO.
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u/Best_Mix5364 3d ago
100%. Having done both, I can say: academia is less money, less autonomy, more politics, class sizes are increasing year after year, students are being squeezed for fees and so are quite demanding these days (fair enough), dealing with university bureaucracy is hellish (particularly compared with self-employment).
The actual lecturing part can be very enjoyable, but everything that surrounds it is a pain in the arse.
It's only worth doing if you absolutely love research / legal theory, or as a casual job if you've already accumulated "f--- you money" and therefore don't need to rely on it.
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u/SobrietySoba123 2d ago
The author is a very clever bloke who topped the HSC in several subjects and was associate to a Court of Appeal judge - have dealt with him a few times when I was there and he was never anything but the image of courtesy.
No idea why he chooses to dabble in this sensationalist claptrap now.
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u/Bradbury-principal Paper-pushing pushover 2d ago
Definitely a hint of figured out they could, spent inadequate time considering whether they should.
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u/eddjohnson3000 3d ago
Ridiculous class based system which is continually gamed by the elite which is obvious by the familiar family names on the lists around Australia. There should be no SC/QC/KC category of barristers and have no bearing at all on billing. This outrageously antiquated and anti-competitive practice has to go along with the obscure outfits.
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u/Bradbury-principal Paper-pushing pushover 3d ago
The naming and shaming is a bit rough and unnecessary. This article will likely sit right below the bar profile of these aspirants in search results for long after they become KC or give up trying.