Phi Finney McDonald has a vibrant and innovative public interest practice reflecting its deep commitment to social and environmental justice. We look for opportunities to use our litigation skills to fight for systemic change. We do not seek to silo this work into a small social justice practice, and we don’t need to use pro bono work to offset the harms caused by our regular work. Instead, we make pro bono work a meaningful and recurring part of our everyday practice.
We have developed particular experience in fighting systemic discrimination, the mistreatment of asylum seekers, and the destruction of First Nations’ cultural heritage.
Black Lives Matter
Phi Finney McDonald represents former Australian Football League player, Heritier Lumumba, in his legal claim against the Collingwood Football Club, and his broader campaign against systemic racism within the AFL.
Having endured racism during his time as an AFL player, Lumumba had fought for over decade to have his claims taken seriously. His efforts resulted in Collinwood commissioning an internal review into his allegations. This culminated in a damning independent report that found serious systemic failures within the Collingwood Football Club. Phi Finney McDonald is proud to represent Lumumba in his efforts to have the truth acknowledged, and in his efforts to achieve lasting systemic change as to how racism is dealt with and responded to within professional sports.
Djab Wurrung Birthing Trees
Phi Finney McDonald is proud to have represented Djab Wurrung elder Ms Marjorie Thorpe in her fight to preserve the cultural heritage of her people. Following the shock felling of the sacred ‘Directions Tree’ on Djab Wurrung country in October 2020, the Supreme Court granted Ms Thorpe both emergency and interim injunctions restraining the State of Victoria from constructing section 2B of the Western Highway Duplication Project.
Ms Thorpe’s claim sought to protect the precious Djab Wurrung heritage that remains in the area, including six culturally significant trees, on the basis that the Cultural Heritage Management Plan relied upon to build the highway was invalid.
In March 2021, the State of Victoria produced probative documents by way of discovery supporting Ms Thorpe’s claim, and subsequently withdrew its reliance on the 2013 plan. Ms Thorpe has discontinued the proceeding while a new plan is being prepared that must be approved by the Eastern Maar Aboriginal Corporation.
Offshore detention
Phi Finney McDonald is deeply committed to standing up for the rights of asylum seekers and refugees. We have represented those who have languished in crowded, moldy and pest-ridden offshore detention centers and been denied basic medical treatment. Our lawyers have fought for asylum seekers detained on Manus Island and Nauru, but also detainees going back to the era of Woomera, Baxter and Christmas Island. We have sought compensation for what was avoidable pain and suffering, and brought medical evacuation claims to ensure our clients can access necessary treatment.
While not every claim has been successful, each has been hard fought. We have sought to place the spotlight on the cost of offshore detention, and to create an impetus for a humane policy change.