X-Examination Podcast

The Honourable Robert Benjamin AM SC was a Judge of the Family Court of Australia for 16 years, retiring in 2021. He started legal practice 50 years ago, when the Family Law Act was introduced in 1976 and saw firsthand the social revolution that it caused. Rather than hang up his boots, he is now Commissioner of the Tasmanian Government’s Inquiry into Child Sexual Abuse. In this episode of the x-examination podcast, Robert kindly spoke to me about his career and life, his unique approach to being a Judge and how the practice of law is adapting to societal change. Fascinating, if you’re a nerd like me. The entire podcast is also available on YouTube on this link: https://lnkd.in/gTmtSGWN The episode is proudly sponsored by Watts McCray and Australian Family Lawyers (ASX:AFL) and is produced by Nudge Productions. See also https://lnkd.in/guiawD2H for earlier episodes with: Mick BainbridgePatrick Parkinson AM Richard Gration

In this episode of X-Examination, Giles sits down with Richard Gration, a Sydney Barrister and Specialist Reserve Legal Officer for the Royal Australian Air Force. With a deep military lineage—his father was the Chief of the Defence Force—Richard brings a unique perspective, having transitioned from training as an Air Force pilot to practicing law at the highest level.They dive deep into the "Law of War"—the complex framework that governs international conflict. Richard deconstructs the reality behind the headlines, explaining how the UN Security Council operates, the legal definition of an "armed attack" in the age of cyber warfare, and the mechanisms of the International Criminal Court (ICC).The conversation takes a hard look at the ethics of modern warfare, using the film Eye in the Sky as a case study to explain "collateral damage estimation" and the principle of proportionality. Richard also provides a candid, insider’s view on the Brereton Report, the difficulties of investigating alleged war crimes in Afghanistan, and the legal challenges facing the Australian Defence Force today.Sponsored MessageThis episode of Cross Examination is proudly sponsored by Operational Legal Australia, a veteran-owned law firm operating nationally, providing both legal and non-legal services. With a bias for action, OLA is committed to achieving the best outcomes for clients by delivering timely, cost-effective advice — including fixed pricing solutions so you always know exactly where you stand.Timestamps:00:00 – Introduction & Richard’s Military Lineage04:50 – What is a Specialist Reserve Legal Officer?09:40 – AUKUS, Nuclear Subs & Strategic Alliances17:00 – How International Law Actually Works (Consent vs. Imposition)28:00 – The UN Security Council: Sanctions & The Veto Power36:00 – "Grey Zone" Warfare: Cyber Attacks & Article 5147:30 – The ICC & Arresting Heads of State (Putin, Netanyahu)59:00 – The Day-to-Day Role of an ADF Lawyer01:06:00 – Deconstructing Eye in the Sky: Targeting & Collateral Damage01:32:00 – The Brereton Report: Investigating War Crimes in Afghanistan01:41:00 – The Conflict Between Compelled Evidence & Criminal Prosecution

In this episode, Giles speaks with Emeritus Professor Patrick Parkinson, one of Australia’s most respected voices in family law. Patrick is the former Dean at the University of Queensland and has been a leading contributor to national law reform for several decades. This is a thoughtful and wide-ranging conversation about families, conflict, parenting, community, and how the law can support people at their most vulnerable.Timestamps:00:00 Introduction01:00 What an Emeritus Professor actually does03:30 Early life and the calling to family law07:45 Academic path from Oxford12:10 Lessons from living behind the Iron Curtain17:20 The emotional realities behind child sexual abuse cases25:05 When children express strong views in parenting disputes32:40 Understanding family violence and coercive control42:00 How marriage and relationship stability are changing49:20 The creation and purpose of Family Relationship Centres57:30 Why supporting parents before separation matters1:04:00 Loneliness, disconnection, and rebuilding community1:10:50 Advice for law students and young lawyers1:17:20 Closing reflectionsAbout the GuestPatrick Parkinson is an Emeritus Professor at the University of Queensland and one of the most influential family law academics in Australia. His work has shaped how courts, governments, and support systems think about parenting, separation, and child protection.A word from our sponsorAustralian Family Lawyers and Watts McCray are two of Australia’s leading family law firms and form part of AF Legal Group Ltd, a national legal services provider. Together, they offer expert legal advice and tailored support across all areas of family law, including separation and divorce, parenting arrangements, property settlements, and financial agreements. With a strong presence across Australia and a team of highly experienced practitioners, including Accredited Specialists in family law, both firms provide trusted guidance through life’s most complex legal challenges. As part of the AF Legal Group, Australian Family Lawyers and Watts McCray combine national strength with local expertise, ensuring clients receive exceptional representation and support.Links:https://www.australianfamilylawyers.com.au/https://www.wattsmccray.com.au/

In this special edition of X-Examination, Giles sits down again with Mick Bainbridge, former President of RSL NSW, to address the recent news following the ABC 7.30 investigation.Mick, along with three other board members, resigned from RSL NSW amid claims of conflicts of interest and concerns about governance. In this candid conversation, Mick shares why he stepped down, the pressures of the role, and his continued commitment to the veteran community.Topics covered include:Why Mick and fellow board members resigned (00:00)The toll of leading RSL NSW while running a law firm and raising a family (02:11)Concerns over governance, finances, and sustainability (04:12)The role of sub-branches vs clubs in supporting veterans (05:25)Responding to conflict-of-interest allegations raised in the media (09:27)The culture of politics and infighting within RSL NSW (11:17)What veterans really need: support, advocacy, and community (17:27)Timestamps00:26 – Why Mick and three board members resigned00:56 – Issues with governance and volunteer workload01:44 – Media framing and confidence in membership support02:11 – The toll of leadership: family, business, and personal costs03:28 – Balancing volunteer roles with real life responsibilities04:12 – Financial sustainability and governance concerns05:25 – RSL clubs vs sub-branches explained06:29 – Community role of clubs and sub-branches07:20 – Sub-branches as the heartbeat of RSL NSW08:38 – Mick’s priorities if he had stayed on09:27 – Responding to conflict-of-interest allegations11:17 – Politics, infighting, and culture inside RSL NSW13:03 – Why Mick first put his hand up to lead RSL NSW14:02 – Media portrayal: hero to failure?15:00 – Diversity, veterans’ voices, and generational change16:11 – The need for unity among ex-service organisations16:37 – Returning focus to family, practice, and veterans17:27 – Suicide, transition, and what veterans need most18:22 – Why many young veterans don’t engage with sub-branches19:31 – Supporting veterans through legal and community services20:17 – The role of families in veteran transition21:08 – Calls for inquiry and better governance21:56 – Why board members must come through sub-branches

I’m excited to launch my new podcast, X-Examination, a podcast that demystifies laws, lawyers and legal systems and that brings the law to life: https://www.x-examination.com.auFor our very first episode, I had the privilege of speaking with Mick Bainbridge — former Australian Army commando, Afghanistan veteran, solicitor, and President of RSL NSW.Mick’s story is remarkable:·       Growing up in southwest Sydney and chasing a life of service.·       The intensity of commando selection and multiple tours in Timor-Leste and Afghanistan.·       Living through trauma, including a Black Hawk crash rescue.·       Choosing to speak publicly about mental health when few others would.·       Rebuilding identity through law, advocacy, and leadership at RSL NSW.This episode of Cross Examination is proudly sponsored by OperationalLegal Australia. Operational Legal Australia is a veteran-owned law firmoperating nationally, providing both legal and non-legal services. With a biasfor action, OLA is committed to achieving the best outcomes for clients bydelivering timely, cost-effective advice — including fixed pricing solutions soyou always know exactly where you stand.