The hardest word: No

The Piddington Society
4 min readOct 10, 2019

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Conversations on mental health can seem new and like a revolutionary concept for lawyers. But there are senior practitioners who have been working on these matters for decades.

That’s why we thought asking the Hon John Gilmour QC would be a helpful addition to our series for Mental Health Week 2019.

You can read the others in our series, with Melita Medcalf and Gemma Nugent.

Earlier this year, Gilmour QC spoke to Piddington PLT graduates about mental health and maintaining a life outside of the law. As you will read, he has long kept his own mental health and that of his colleagues at the front of his mind.

The conversation with the graduates was a powerful conversation grounded in his own experience and an understanding of the challenges facing lawyers today.

The Hon John Gilmour QC: “I decided not to work at the weekends.”

The Hon John Gilmour QC was born and raised in Scotland. After graduating from the University of Dundee, he began working as a litigation solicitor, being offered partnership within three years.

In 1975 he took six months leave and travelled across Pakistan, India, New Zealand and Canada. He migrated to Australia in 1975 and joined EM Heenan & Co, being made Partner two years later.

He joined Francis Burt Chambers in 1989, taking silk in WA in 1994 and Victoria in 1996.

He was appointed a judge of the Federal Court of Australia in 2006 and retired in 2018, delivering almost 600 judgments.

He has a room at Quayside Chambers and is a Panel Member of the Hong Kong International Arbitration Centre and of the Singapore International Arbitration Centre.

What inspired you to practice law?

I decided that I wanted to be an Advocate (Scottish Barrister) when I was 11 years old.

It was the product of being in a family that enjoyed debating, often passionately, various issues at mealtimes. Actually, my eldest sister gets the credit as she suggested it in a rather reactionary way when on the losing end of one of those debates!

I can’t say it was the product of considered thought about the importance of the Rule of Law and Justice. That was to come later, by degrees.

What does your life outside of law look like?

I have for many years been very involved in Christian teaching and pastoral care, holding several positions in that capacity as well as in efforts to help the poor and marginalised overseas in various ways.

As for leisure I am a keen kayaker and have competed in the Avon Descent about five times.

I like the Movies although I avoid so-called Blockbusters preferring the lower budget but more interesting and thoughtful productions.

Are there particular stressors you have in your practice? If so, how do you manage them?

I am by personality fairly calm and almost never anguish over work matters.

However, undoubtedly the practice of Law is, comparatively, a stressful occupation and I am not immune from its negative effects. I took decisions to combat these — the much talked about work/life balance.

When I was 30 I decided not to work at the weekends. Across three decades I have pretty much kept to that. When Monday comes around I normally feel re-charged and ready to start again.

I also learned to say when needed the hardest word for a Barrister when offered a Brief — “No.”

I refused to let the pursuit of wealth dominate my life and thinking.

How do you support your colleagues and their mental health?

I have over the years spoken particularly with young lawyers about the need to look after their physical and mental health: to ask whether it is worth sacrificing those in order to climb the Legal ladder: to seek out an employer that attributes value to their employees’ health and wellbeing; to have external interests including some which bring help to others less fortunate; to keep physically fit and to foster and maintain good friendships.

I have also tried to be a ‘listener’ for colleagues who have been struggling with family issues such as divorce, ill-health, even death of a loved one.

The Hon John Gilmour QC while a Federal Court of Australia judge walking with Janet Oobagooma, a Dambeemangaddee elder of the Worora people (north west Kimberley coast).

Mental Health Week runs from 6–12 October 2019, but we think every week is Mental Health Week.

Collegiality is best on show when we support each other through our challenges. When you can, reach out to your colleagues.

If you wish to speak to someone about your own mental health, you can contact LifeLine on 13 11 14 or LawCare on 1300 687 327. Or you can reach out to The Piddington Society and we can help you where we can.

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