It’s been a year full of action for Isabelle Reinecke- the Emerging Leader in the NFP winner at last year’s Women’s Agenda Leadership Awards.
Founder and Executive Directive of public interest litigation incubator, Grata Fund, Reinecke has written a new book, Courting Power, which will be released as part of Monash University Publishing’s In the National Interest series on 1 October. The book tells the story of the Grata Fund’s work and the importance of open access to the courts to fight systemic injustice.
“Just look at how defamation law is being used to silence women who have spoken out about sexual assault and harassment,” says Reinecke on stamping out injustice. “It’s going to be slow and difficult to change this system. But I believe we have to engage with the system to change it – and one way of doing so is by using litigation to hold even the most powerful in our society accountable to the law.”
We followed up with this powerful advocate to learn more about the critical work she’s been doing with Grata Fund as well as advice she has for effective leadership.
Can you share a key career highlight from the year, since winning the WALA Award?
Grata Fund is supporting Uncle Pabai Pabai and Uncle Paul Kabai’s groundbreaking Australian Climate Case, a class action led by these two community leaders and Traditional Owners from the Torres Strait Islands. They have turned to the courts in the hope of protecting their communities from escalating climate disaster.
In June this year I had the enormous privilege of attending the case’s On Country hearings held in the Torres Strait. It was steamy and overcast on the morning a fleet of small charter planes arrived at Boigu island, carrying more than twenty lawyers, court staff and the Justice of the Federal Court of Australia. I felt so lucky to experience the thrill of watching history in the making. The court came to hear the community give first-hand evidence of their connection to their islands, the reality of how climate change is impacting their lives, and the consequences if their homelands are lost.
Uncle Paul and Uncle Pabai are arguing that the Federal Government has a legal responsibility to ensure Torres Strait Islander Peoples are not harmed by climate change. This is the first time that anyone in Australia has argued that the whole of the Federal government has a duty to protect people from climate change. It could force the government to reduce its emissions in line with what the science tells us is necessary to stay within 1.5 degrees of warming and make all Australians safer from climate harm.
The case is a powerful example of how strategic litigation can work. Over several years the Grata team have collaborated closely with communities in the Torres Strait, international partners and local legal experts to build an innovative case that has the power to bring about broader social change. We’ve removed financial barriers to ensure the Uncles have the opportunity to have their case heard, and we are working closely with their communities, documentary filmmakers, and major Australian advocacy organisations, including Greenpeace and Amnesty International, to ensure the case has impact beyond the court – regardless of whether the judge ultimately agrees they should win. It’s a hugely ambitious case and campaign, but I believe the Uncles will win in the end.
On accepting the award you noted that law has typically been used to oppressed women and First Nations people — have any of your ideas around this point changed in the past 12 months? Is it getting better at a satisfactory pace?
Frankly, it’s not getting better fast enough. Just look at how defamation law is being used to silence women who have spoken out about sexual assault and harassment. It’s going to be slow and difficult to change this system. But I believe we have to engage with the system to change it – and one way of doing so is by using litigation to hold even the most powerful in our society accountable to the law.
You can feel a bit like sisyphus sometimes, pushing a rock up a mountain for it to only roll back to the bottom, but I saw a guy wearing a t-shirt recently that said “One has to imagine sisyphus happy” – a line from French philosopher Albert Camus – and I love that. We’ve got to keep trying (and learning), and find ways to enjoy it along the way.
What are you most concerned about now in 2023, regarding challenges facing women (or others) in your industry?
I recently realised how radicalising motherhood can be for women. One lovely mum in my local mothers group told me at the playground one day that she hadn’t been a feminist before she had her son, but now understood how unequal men and women are in society.
I spent a lot of my maternity leave thinking about how our economic system sets parents – particularly women – up to fail.
Aside from the fact that many people work far more than eight hours a day, the concept of 8 hours work / 8 hours play / 8 hours sleep, assumes that someone else, who isn’t being paid, is doing everything else necessary to keep the world turning – growing and birthing babies, raising children, looking after elderly, cooking, cleaning, the list goes on.
Even if we as a society achieve parity in the workplace, attain equal caregiving responsibilities in the home and bring about improved pay overall in female dominated industries, primary carers – usually mums – are going to be fighting an uphill battle for as long as 8 hours work, 8 hours play and 8 hours rest is the standard that our system is built on. I’m really interested in how a 4 day work week could change this. I’ve been watching with excitement as the data piles in and it consistently shows productivity can increase at work, along with things like domestic responsibilities for men and – the holy grail – leisure time for women.
What’s the best piece of advice you’ve learned when it comes to leadership?
“Don’t demotivate people.” I’ve found that a lot of time can be spent talking about how to motivate people. But the best advice I’ve received is to get great people on the team and then work really hard to not demotivate them. Provide enough support, don’t micromanage, listen, be human. That’s what I strive to do at Grata.
Any quick tips for those who might be hesitating about putting their hand up for an opportunity – whether it’s for an award, a promotion or something else?
Back yourself. Sometimes you can see your own worth, but it’s not always easy to put yourself forward. Surround yourself with people who believe in you and see your worth, and they will lift you up. Sometimes it takes someone else to suggest you nominate for an award, go for that promotion or even start your own organisation. I’ve just written my first book about using the law to make change through the Australian courts system, which was a daunting undertaking. I’m glad I took the chance. You just have to go for it.
Isabelle Reinecke is Founder and Executive Directive of public interest litigation incubator Grata Fund. Her new book Courting Power will be released as part of Monash University Publishing’s In the National Interest series on 1 October. You can read more about the Australian Climate Case here.