UNSW Law Alumni News 2014 No.2 by Designbug

UNSW Law Alumni News 2014 No.2 | UNSW Law: The paths we travel Never Stand Still

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UNSW Law Alumni News 2014 No. 2 CONTENTS

03 | Message from the Dean

The Alumni Network held a number of successful events including the annual Spring Drinks in Sydney CBD, the Ngoc Tram Nguyen Scholarship Dinner in Canley Vale, a Look Who’s Talking lecture on the Financial System Inquiry hosted by King & Wood Mallesons, and a number of year group and location based events. One event in particular that was new on the calendar, and also a tremendous success, was a dinner for former UNSW Law Society Presidents at NSW Parliament House. All were fantastic occasions and I’d like to thank those involved as well as those alumni who attended.

UNSW Law Alumni News Magazine Published by: UNSW Law, UNSW Australia, UNSW Sydney NSW 2052 Australia Editors: Jordana Wong, Lindsay Owens Contributors: Lindsay Owens, Tim Gordon, David Dixon, Jordana Wong, Cameron Holley, Lyria Bennet Moses Cover image: Ingram Publishing CRICOS Provider No. 00098G

UNSW LAW ALUMNI NETWORK COMMITTEE

UNSW Law Alumni News

he second half of 2014 has been another great period for our UNSW Law alumni community.

As you can see from this edition of the Alumni News, UNSW Law alumni are working in incredibly diverse professional roles and are living all over the world. I saw the benefits of our international network in August when I met up with our Hong Kong alumni chapter who are amongst our most active overseas groups and are extremely generous with their time. We again have a lot coming up in 2015 so please keep an eye out for invitations as they come out. Information can always be found on the UNSW Law website’s alumni page and our UNSW Law Facebook page. Tim Gordon UNSW Law Alumni Network President

The Law School’s reputation is now such that we are attracting the best from Australia and overseas. FROM THE DEAN

his issue highlights some outstanding academic colleagues – a newcomer (Marc de Leeuw), a rising star (Cameron Holley), and a newly promoted Associate Professor (Lyria Bennett Moses). They are examples of a notable feature of UNSW Law in recent years – the appointment of outstandingly talented teachers and researchers. The Law School’s reputation is now such that we are attracting the best from Australia and overseas. The quality of intellectual life is now the highest in my time at UNSW, with a constant flow of seminars, workshops, and guest lectures involving academics and students. We have gained much from the University’s strategic hiring scheme, which has allowed us to headhunt some great talent. The next step is an ambitious plan to make UNSW Law a centre for Chinese International Business and Economic Law, with the appointment underway of five new colleagues from China – details will be in the next Alumni News.

Renata Kaldor Centre for International Refugee Law. Its Director, Professor Jane McAdam, has made it the place to go for informed, rational information about refugee law: it is extraordinary what she has been able to do, with the Kaldors’ support, in such a short time.

One highlight of 2014 at UNSW Law has been the success of the Andrew and

Professor David Dixon Dean, UNSW Law

A second was, once again, the Ngoc Tram Nguyen Scholarship Dinner at Canley Vale. Alongside the Hal Wootten Lecture, this has become a not-to-bemissed event. With the third scholarship endowed, we move into 2015 for the fourth (and fifth). Thank you for all your support for UNSW Law this year, and very best wishes for the holiday season.

2014 No. 2

NEW STAFF Marc De Leeuw Senior Lecturer

Marc De Leeuw is a Senior Lecturer at UNSW Law where he teaches both Legal Theory, and Theories of Law and Justice. Marc holds a PhD in Philosophy from the University for Humanistic Studies in Utrecht and a Masters in Political Sciences, History, and Comparative Literature from the Free University in Berlin. Marc’s work focuses on questions of human agency, epistemological practices (the philosophy concerned with the nature and scope of knowledge) and ethics. He takes an interdisciplinary approach to his projects and examines the place where both ethico-political and moral-legal fields join. Marc has previously lectured philosophy at Macquarie University and was a Junior Visiting Fellow at the Centre for Cultural Sociology at Yale University. Having grown up in the Netherlands, Marc took advantage of the rich diversity of Europe, living abroad in Russia, France and Italy. He moved to Berlin shortly before the fall of the wall in 1989 and says experiencing this and the succeeding

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unification of Germany was extraordinary. Marc spent four years in the United States before moving to Australia and claims that all of his moving between nations, and disciplines, shaped his way of thinking about the law which he believes must be understood from multiple perspectives and localities. Marc says he feels fortunate to lecture at UNSW Law because of its international orientation, its openness to new and critical ideas, and its engaged and cooperative academic community which has a serious commitment to questions of social justice. Although Marc feels that teaching philosophy and legal theory to law students can be a real challenge, he says that if the material ‘clicks’ with students, and manages to expose them to a new perspective, it is tremendously rewarding.

NATURAL RESOURCE LAW Dr Cameron Holley, Senior Lecturer, UNSW Law

2014 No. 2

NATURAL RESOURCE LAW

UNSW Law’s Senior Lecturer Dr Cameron Holley has been investigating the impact of community engagement and government enforcement on efforts to protect Australia’s scarce water resources. His research aims to improve the management of Australia’s non-urban water resources, and enhance water planning and regulatory compliance to achieve effective responses to the global water crisis.

resh water is essential for the environment, our food and water security, and economic production. Yet we face a water crisis. Future droughts, climate change and increasing demands for water (from agriculture, energy and human use) pose significant risks to global and Australian water supplies.1

“As one of the driest continents on earth, the long-term and effective management of Australia’s water resources is crucial to our future prosperity and environmental sustainability.” As one of the driest continents on earth, the long-term and effective management of Australia’s water resources is crucial to our future prosperity and environmental sustainability. Although Australia has seen major reforms in water quantity management over the last two decades, water resources continue to be overexploited and remain under threat.2 In part, our capacity to respond to these challenges is dependent upon engaging stakeholders and the broader community in planning for water allocation and complying with the

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law. Meaningful community education and engagement can increase trust, enhance awareness of legal regulations and reduce the risk of non-compliance. Despite some success implementing water reforms, poorly managed community engagement and limited enforcement have contributed to widespread dissatisfaction and distrust in water laws. This is particularly palpable for agriculture water users, who consume over 52% of Australia’s water.3 Indeed, as the National Water Commission pointed out, there is a need to improve the way communities engage in water planning and implementation, particularly compliance and enforcement.4 Against this backdrop, I have commenced two Australian Research Council funded projects that engage with government agencies, farmers and community members to examine water planning and enforcement. The first study, a Discovery Early Career Research Award entitled ‘Revitalising Collaborative Water Governance’, commenced in 2014. It critically evaluates the design, scope and effectiveness of different state water allocation planning approaches. The $350,000 project involves interviews with 120 water stakeholders to

“We face a water crisis. Future droughts, climate change and increasing demands for water (from agriculture, energy and human use) pose significant risks to global and Australian water supplies.”

develop legal and policy principles to better guide policymakers in utilising collaborative water planning to achieve effective, efficient and equitable water outcomes. The second study also commenced in 2014 is a $320,000 Linkage Grant entitled ‘Compliance and Enforcement of Nonurban Water Extraction in New South Wales’. I will partner with the NSW Office of Water, Darren Sinclair and Prof Neil Gunningham (ANU) to examine compliance and enforcement motivations, practices and experiences of non-urban water users (e.g. farmers) in NSW. Through surveys and interviews with water regulators and users, the project aims to identify not only weaknesses in current approaches to compliance and enforcement, but ways in which regulators and other stakeholders can exploit innovative governance approaches to enhance non-urban water regulation. My initial research on the water planning project has sought to better understand participatory and deliberative styles of community decision-making for the allocation of water among different and often competing interests. When community members and stakeholder groups are directly engaged in the

planning process, a more genuine power balance between government and nongovernment sectors can be achieved. As a result, we can better understand the role of non-governmental stakeholders in enriching democracy, increase support for policy measures and enhance the legitimacy and effective solutions for today’s most pressing water challenges. From interviews with key government and non-government stakeholders, I have identified that veto powers of government agencies (over proposed water plans) often undermine trust and the perceived validity of community engagement processes. In addition, technical knowledge and specific skills of government officers participating in the planning process may have the adverse effect of excluding or alienating community members. This work sheds light upon the internal dynamics of the decisionmaking processes and has led to a range of insights for improving future water policy and management plans. This includes better community training and education, as well as new collaborative decisionmaking policies and mandates. Over the next two years, these initial findings will be expanded and developed to examine other examples of water planning in Western

2014 No. 2

NATURAL RESOURCE LAW

The aim is to provide practical guidance in reshaping water strategy through meaningful collaborative community engagement, and, consequently, position Australia as a leader in collaborative water planning and environmental sustainability.

Australia, Victoria, South Australia and Queensland. Ultimately, the aim is to provide practical guidance in reshaping water strategy through meaningful collaborative community engagement, and, consequently, position Australia as a leader in collaborative water planning and environmental sustainability. Early work on the second project, on compliance and enforcement, has seen Darren Sinclair and me conduct a survey of approximately 4,000 NSW water users. The survey found that most water users did not believe they were provided with enough information, or are not using it, and wanted more information on water management obligations, and compliance and enforcement activities. Most water users also reported very little knowledge of water legislation, compliance policy, enforcement actions and penalties. This is concerning because water users’ willingness and ability to comply with regulations is conditional upon their understanding and

awareness of regulations. In continuing to examine compliance and enforcement of non-urban water allocations over the next two years, this study aims to fill an important gap in empirical research and, in turn, provide practical legal and policy guidance for compliance and enforcement authorities in enhancing the legitimacy of water law, protecting water resources and preventing overuse.

1. N SW Office of Water (2010) Compliance Policy, NOW, Sydney. 2. National Water Commission, The National Water Initiative - Securing Australia’s water future: 2011 assessment (Australian Government, Canberra, 2011). 3. A ustralian Bureau of Statistics (2012) Year Book Australia. 4. National Water Commission, The National Water Initiative - Securing Australia’s water future: 2011 assessment (Australian Government, Canberra, 2011, at 6). 5. Kerkhof M, “Making a Difference: On the Constraints of Consensus Building and the Relevance of

Deliberation in Stakeholder Dialogues” (2006) 39 Pol’y Sciences 279; Imperial M and Kauneckis D, “Moving from conflict to collaboration: lessons from the Lake Tahoe experience” (2003) 43(4) Nat Resources J 1009. 6. Camacho A, “Can Regulation Evolve? Lessons from a Study in Maladaptive Management” (2007-2008) 55 UCLA L Rev 293, 320; Whelan J and Oliver P, “Regional Community-Based Planning: The Challenge of Participatory Environmental Governance” (2005) 12 Australasian J Envtl Mgmt 126, at 133.

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A key lesson from my work to date is that, in practice, governments and agencies often inadvertently stymie opportunities for effective involvement of non-government participants in water law, governance and decision-making. Despite embracing bold visions of community engagement in the non-urban water sector, progress to date has been limited. As such, my work will continue to aid policy designers, water users and scholars to better understand and overcome the limits of, and difficulties associated with, water decision-making and compliance and enforcement in water governance.

Legal Thinking on Technology

Dr Lyria Bennett Moses, Associate Professor and UNSW Law Alumna 2014 No. 2

LEGAL THINKING ON TECHNOLOGY

When I was at Law School (1994-1998), the Internet was new and far less commercially relevant. Despite that, many of the more interesting problems we discussed in class were hypotheticals involving electronic communication. From musings on the postal acceptance rule applied to email (based on cases dealing with telex machines) to copyright in hyperlinks to Graham Greenleaf’s fully on-line course in Cyberspace Law, the internet was an object of legal fascination.

nd it wasn’t just the Internet. In the old year-long Property and Equity course, we learnt how the old usque ad coelum rule was wound back as a result of aerial transportation, beginning with pleasure balloons. My essay in Legal Theory examined the possibility of algorithmic legal decision-making. And a semester on exchange at McGill University introduced me to the use of DNA databases in criminal investigations and prosecutions as well as the history of Space Law. While my interest was clearly partly personal (I was a Science/Law student who chose subjects with names such as Cyberspace Law and Space Law and Institutions), others have also been both excited and concerned about the role of law at the technological frontier. Many will be familiar with Windeyer J’s comment in Mount Isa Mines Ltd v Pusey (1970) 125 CLR 383, that law is “marching with medicine but in the rear and limping a little” or frequent casual references to the fable of the hare and the tortoise (apparently

1 Barton Beebe, ‘Law’s Empire and the Final Frontier: Legalizing the Future in the Earlyopus Juris Spatialis’ (1999) 108 Yale Law Journal 34. 2 Frederick A Fiedler and Glenn H Reynolds, ‘Legal Problems of Nanotechnology: An Overview’ (1994) 3 Southern California Interdisciplinary Law Journal 593. See generally Lyria Bennett Moses ‘Regulating Beyond

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without irony) in describing Law’s race against Technology. This sense that law is slow runs counter to the proliferation of legal scholarship seeking to answer legal questions at the technological frontier. From articles considering the appropriate legal mechanism to transfer a space platform at the height of the golden age of space law scholarship1 to more recent pieces raising questions about the legal consequences of nanotechnology-enabled resurrection,2 lawyers’ imaginations have leapt ahead of what is actually possible technologically. The race metaphor is itself largely meaningless. Lawyers and engineers are not competing on the same plane. Law cannot ever really win – it is not necessarily a good idea to rewrite legislation to operate effectively in an imagined possible future, in order to get “ahead” of technology. The ideal is not speed, but rather legal rules that: (1) restrict or enable conduct in line with society’s values;

Nanotechnology: Do Nano-Specific Problems Require Nano-Specific Solutions’ (2011) 30 IEEE Technology and Society Magazine 42. 3 Lyria Bennett Moses, ‘Recurring Dilemmas: The Law’s Race to Keep Up with Technological Change’ (2007) 7 University of Illinois Journal of Law, Technology and Policy 239-285, at http://www.jltp.uiuc.edu/archives/moses.pdf.

UNSW LAW ALUMNI NETWORK PRESENTS (2) a re sufficiently clear when applied to current practices; (3) a re applicable, justified and cost-effective in light of current practices and possibilities; and (4) a re targeted at particular practices in line with the rule’s underlying purposes.3 We also need to be aware that there is no hope of perfection here – as social practices and technological possibilities shift, legal change will frequently be required. Realistic thinking about law’s relationship with technology takes us beyond questions of how far “behind” technology the law has fallen to practical questions around what kinds of practices law ought to encourage, facilitate, restrict or prohibit as those practices come to be technologically possible. When does law in fact promote technological change, whether through the financial incentives offered by patent law and taxation law, the practical facilitation offered by road rules, or the requirements inherent in technical standards? When does law hinder technological innovation, whether through deliberate prohibitions on practices such as cloning or the operation of laws designed around the needs and practices of an earlier era? What role ought law to play in shaping technological design and practices?

To explore these questions further, Dr Lyria Bennett Moses will join fellow technology law experts Fiona Robson (Supervising Counsel, Telstra), Nick Abrahams (Partner, Norton Rose Fullbright) and Philip Argy (Consulting Principal, Keypoint Law) in UNSW Law’s Look Who’s Talking panel discussion: The Law: Driving or Obstructing Technological Innovation? All are welcome to attend this free event hosted by Norton Rose Fullbright.

Look Who’s Talking 2015, The Law: Driving or Obstructing Technological Innovation? FEATURING PANELLISTS: Fiona Robson

(LLB ’99 / LLM ’07) Supervising Counsel, Telstra

Nick Abrahams

(BCom / LLB (Hons) ’89 UQ, MFA ’09 USC) Partner, Norton Rose Fulbright

Philip Argy

(BCom / LLB ’77) Consulting Principal, Keypoint Law

Dr Lyria Bennett Moses (BSc (Hons)/ LLB ’99, LLM / JSD ’08 Columbia) Senior Lecturer and Director of Learning and Teaching, UNSW Law

NICHOLAS GRAY [BCOM CEO, The Australian

Moderated by:

Nicholas Gray

(BCom / LLB ’97) CEO, The Australian

6.30pm, 17 February 2015 Norton Rose Fulbright Level 18, Grosvenor Place, 225 George Street, Sydney 2014 No. 2

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Anne Crooks

Marie Iskander, Ben Heenan, Rod Cunich, Nicholas Gray, Shemara Wikramanayake, Steven Freeland

Kara Grimsley and Nathan Huynh

UNSW Law Society Presidents’ Reunion Dinner

NSW Law’s inaugural Law Society Presidents’ Reunion was held in August this year at NSW Parliament House. The Hon. Gabrielle Upton, Minister for Communities and Families – herself a former Law Society President – hosted the Reunion. Over a candle-lit three course dinner, an assembly of past LawSoc Presidents, including Anthony Simpson (LLB / BJuris ’76), our first LawSoc President from 1971, our current 2014 Co-Presidents Marie Iskander and Ben Heenan, and a range of others inbetween, shared stories of their proudest achievements – and their most embarrassing moments! – as LawSoc Presidents. The dinner provided a chance for graduates of the Law School to reflect on their years spent studying at UNSW Law. Welcoming guests to her current “House”, Ms Upton spoke of the significance of her time at

UNSW Law in assisting with her chosen career path. She said, “I see the genesis of my journey through to this House here as being very firmly rooted in my experience at UNSW Law.” So too, in addressing guests, Nick Gray, CEO of The Australian, noted the confidence that the Law School instilled in him and his peers over the course of their degrees, which he believes readied them for careers across a broad range of industries. Other guest speakers included Rod Cunich (BA / LLB ’79) and Shemara Wikramanayake (BCom / LLB ’85). At the dinner, Professor David Dixon noted the “consistently vital role” that LawSoc Presidents have played throughout the decades, and thanked guests for their continued hard work and persistence during their university years.

LawSoc seeks to represent, support, and enrich the experiences of UNSW Law students through a diverse range of events, activities and publications. During their term, LawSoc Presidents oversee an executive responsible for implementing these initiatives, which include the always-popular Law Ball, Law Camp, and the Happy Hour Project, as well as seminars and other skill-building opportunities covering topics such as post-university career prospects, and coping with Law School pressures.

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James Nguyen with local school students

Jung Ma and Prof David Dixon

Justice Virginia Bell

Annual Ngoc Tram Nguyen Scholarship Dinner

NSW Law’s annual Ngoc Tram Nguyen Scholarship Dinner aims to raise funds for, and awareness of, the Ngoc Tram Nguyen Scholarship which supports socioeconomically disadvantaged students from south-west Sydney. A key purpose of the dinner is to educate the south-west Sydney community and – in particular – current Year 11 and 12 students at local public high schools, about the opportunities available to them at UNSW Law.

“Being a lawyer can empower and equip you to serve the community in a very practical way.” Tram Nguyen This year’s dinner, held in August, was organised by a team of passionate and dedicated young alumni, under the leadership of James Nguyen (BCom / LLB ’04) and Jung Ma (BA / LLB ’09). The team spent weeks rallying the local south-west Sydney community for support; visiting local organisations and businesses; gathering donations and prize contributions; organising local coverage of the event; and visiting local high schools, introducing the Scholarship and working to put together

groups of students to attend the dinner. The alumni team’s tireless efforts resulted in a sold-out event, with over 260 guests filling the restaurant. Guest speaker Justice Virginia Bell of the High Court of Australia gave an inspirational speech, talking of the rewarding experiences of working within the justice system, and emphasising the insignificance of personal circumstances or privilege in being a good lawyer: “contrary to one popular misconception, success as a lawyer does not depend upon having family connections”. Justice Bell encouraged students to come to UNSW to study law because – as Tram Nguyen realised – “being a lawyer can empower and equip you to serve the community in a very practical way”. There are currently two recipients of the Scholarship and this year, UNSW Law has managed to raise over $40,000, with the result that we will now be able to offer a third Scholarship in 2015. Thank you to our alumni and friends for your support and assistance in allowing us to give every deserving student the opportunity to attend UNSW Law. 2014 No. 2

GRADUATE CAREERS

Expanding our students’ outlook It’s no secret amongst our students that the current job market is tough. While the conventional UNSW Law career path saw many of our students commence graduate roles at major law firms, a troubled market in recent years has led to a significant reduction in graduate intakes at all of the major law firms. And, even with an improving market, a transition to leaner business models means that firms are not likely to return to previous hiring levels any time soon.

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hese conditions are requiring our students to look beyond private practice, and to explore alternative career options. To assist students, UNSW Law hosted a lunchtime seminar focusing on graduate career opportunities at major corporates. Moderated by Dean David Dixon, the seminar featured Brian Salter, General Counsel at AMP, and Michael Sirmai (BA / LLB ’04), Chief of Staff at St George, both of whom have experience working in private practice and in-house. Brian currently heads up the AMP legal team, and is a Director of a number of AMP companies. Previously a Counsel at Westpac, Michael has now switched his legal role for the oversight and management of a range of diverse groups within St George. At the seminar, Brian and Michael shared their personal career journeys with students. They also discussed the types of roles, opportunities for professional development, salary levels, and commercial experience available to young lawyers at their companies and at similar workplaces. Importantly, Brian and Michael encouraged students to take their careers one step at a time, explaining that job opportunities can often arise at unexpected times. After a lunch hour spent listening to two wonderful role models, each of whom have travelled diverse and successful career paths, students came away from the seminar with a broader outlook on the variety of different, interesting and exciting opportunities that await them after graduation.

Following the success of our student seminar, UNSW Law caught up with two of our alumni, Clair Hodge and Patricia Rhee, who are also enjoying the challenges and opportunities of their in-house legal roles.

Clair Hodge

(BCom / LLB ’92) General Counsel, New South Wales Police Force

Current city: Sydney What is a typical work day like for you? Very few days are typical in this role due to the urgent issues that very regularly arise at short notice from across New South Wales Police Force (NSWPF) or from within Government. This can be due to issues that arise when Parliament is sitting that the Minister or his Ministry require urgent advice on, reports in the media that have to be very promptly dealt with, requests from other government agencies to comment at short notice on draft cabinet minutes and draft bills that might impact on policing, etc...

What’s your favourite thing about your job? The variety and breadth of legal issues that I have to deal with, as well as the uniqueness of the factual situations we have to advise on. When I provide assistance to a police officer (in quite a complex and difficult role) that makes the role easier to perform, that is rewarding – the notion of making a contribution to the community while using the skills I developed in private enterprise.

Describe your career path after Law School: After Law School I took the well-worn path of returning to the large national law firm that I had summer clerked with while at UNSW. I ended up in Banking and Finance, which I enjoyed.

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GRADUATE CAREERS

I then left to work in-house at the Federal Airports Corporation at a time when it was not as popular to move in-house as it is now, and just as the FAC was about to start on the Federal Government’s privatisation program. It was an extremely busy 2 years in which we privatised 21 airports and I also worked closely with the Federal Department of Transport on the new legislative regime for those airports. It was great experience seeing up close how laws and policy are made. This led me to Sydney Airport, where I assisted in setting up its first in-house legal and company secretarial function. Sydney Airport was privatised in 2002 and I was appointed as General Counsel and Company Secretary. In 2009, I was approached to set up the legal function at Abu Dhabi Airport. I enjoyed working in airports very much and was interested to see how overseas airports operated, particularly one with a huge capital expenditure program and where traffic was actually growing during the GFC. The UAE is a civil legal jurisdiction, with all laws written in Arabic, so it is a challenge for expat lawyers to operate there effectively. My knowledge of airports and the industry generally that I had gained from sitting at a board table for many years stood me in very good stead. I was also responsible for the insurance and contracts functions at the airport, and ended up with 20 team members from 11 countries. Working overseas stretches you in a way that working in Australia does not and also strengthens your resilience to deal with just about any situation. While overseas, I was approached to apply for my current role. The education system in Abu Dhabi is not as developed as we had hoped, so we returned home. I returned home to the familiarity of the

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Australian legal system, with the challenge of learning about a completely different business and about how the NSW Government operates.

Name one smart move you’ve made in your career so far: I have learnt to keep an open mind on my ability to do any role rather than come up with reasons why I can’t.

What’s next for you? I’m very much enjoying my time heading up a large legal team and working in a practice that stretches across quite a few areas. I am planning to do a short course at Harvard Business School next year, following on from recently completing the year-long Chief Executive Women’s Leaders Program which NSWPF kindly nominated me for.

Patricia Rhee (BCom / LLB ’02) Counsel, Asian Development Bank

Current city: Manila, Philippines What is a typical work day like for you? Helping to design new projects, advising on ways to avoid or mitigate legal, safeguards and other risks, drafting and negotiating financing agreements, working on Law, Justice and Development initiatives, and providing legal advice on institutional policy and strategy including the design of new products.

What’s your favourite thing about your job? The intersection and interplay between law, development, economics and politics. It’s messy, complicated and fraught with agendas that have to be navigated. However, it is what makes the place tick and brings theory into the realms of reality, particularly the lived realities of the citizens in our developing member countries. I’m lucky to work with a bunch of talented and dedicated people who combine their technical skills and passion for development with a steely-eyed focus on the practicalities of getting things done. My colleagues come from a variety of professions and fields: economists, engineers, doctors, lawyers, journalists, education specialists, experts in climate change and clean energy, urban development, water supply and sanitation, environment and human resettlement safeguards, gender equality, procurement and governance, and anticorruption. This makes for challenging discussions and varied perspectives. I am lucky that my portfolio takes me to countries in South East Asia and East Asia and that I have the opportunity to work on projects in Myanmar, a country in transition and a land of beautiful people with contagious smiles.

Describe your career path after Law School: I pursued the well-trodden path of working as a lawyer in private practice, first in the Corporate and Finance practices of Allens, moving to London to work in the Leveraged Finance team at Ashurst, then in the Loans and Leveraged Finance team at Barclays Capital. I am now working in-house as Counsel, Asian Development Bank.

Name one smart move you’ve made in your career so far:

shortened week or take a leave of absence. I had been doing some pro bono work at the time through Advocates for International Development and my interest in working in the international development sector had been piqued. I wanted to experience grassroots level work in a field where my skillset might be most useful. I took the leave of absence and spent three months volunteering at a small savings and credit cooperative in Uganda working in microfinance. It felt risky at the time given the uncertainty in the London legal job market but it was the right decision that ultimately led me to pursue a career in international development.

What’s next for you? This is the Asian Century. Asia is fast becoming home to most of the world’s middle class and where once countries in this region were amongst some of the world’s poorest, they are now amongst some of the most affluent, although the benefits may not have been shared and inequality remains an issue. The changing environment presents challenges and opportunities. Multilateral development banks have a unique platform to shape and influence the development agenda and to advocate for an agenda that supports the achievement of the Millennium Development Goals. Their privileged access to policy and decision makers gives them a rare opportunity to influence the debate and be at the forefront of delivering innovative, creative solutions. I am looking forward to being part of this exciting period and hopefully making meaningful contributions where I can.

When the global financial crisis hit in 2009, staff were given the opportunity to work a 2014 No. 2

LAW SCHOOL

EVENTS AND ACHIEVEMENTS Civil Justice Reform Seminar with Lord Dyson and Chief Justice Allsop With all common law jurisdictions currently seeking to address the cost and efficiency of, and access to, justice, it is clear civil justice reform is a widespread priority. With this in mind, on 9 September 2014, UNSW Law presented a free seminar on civil justice reform as part of Lord John Dyson’s visit to Australia and New Zealand. Lord Dyson is Master of the Rolls and Head of Civil Justice, the second most senior judge in England and Wales.

range of jurisprudence from a wide range of jurisdictions. Chief Justice James Allsop of the Federal Court of Australia spoke on judicial case management and the problem of costs, acknowledging the Court’s need to work on streamlining case management to avoid unnecessary procedural steps. The seminar also featured UNSW Law’s Associate Professor Michael Legg, who discussed the contentious issue of contingency fees, and Angela Bowne SC, Chair of the NSW Bar Association’s alternative dispute resolution committee, who talked to the use of Alternative Dispute Resolution in the courts.

The seminar was hosted by Herbert Smith Freehills. At the seminar, Lord Dyson spoke on the reforms to civil justice that had been introduced in England and Wales as a result of Lord Jackson’s review of civil litigation costs. Lord Dyson endorsed an eclectic approach to law reform that Prof David Dixon, Prof Andrea Durbach, draws on a wide Lord John Dyson and Prof Martin Krygier

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Women of Influence Congratulations to Elizabeth Broderick, Sex Discrimination Commissioner and UNSW Law alumna, who was named the overall winner of the AFR/ Westpac 100 Women of Influence Awards 2014.The Awards highlight the important contribution women make in creating a bold and diverse future for Australia. Three more of our alumni also received nominations alongside Ms Broderick in the prestigious annual Awards. Sarah LuxLee (BSc / LLB ’10), National Copyright Manager at the NSW Dept of Education and Community, was nominated in the Young Leader category. As well, Robynne Quiggin (LLB ’98), CEO of the Australian Indigenous Governance, and Rosalind Croucher (PhD ’94), President of the Australian Law Reform Commission, both received nominations in the Social Enterprise or Not-ForProfit category. Well done to all four of our alumni on their outstanding achievements! Above (from left): Elizabeth Broderick, Sarah Lux-Lee, Rosalind Croucher and Robynne Quiggin,

2015 Continuing Legal Education Events In 2015, CLE will be involved in staging a number of significant conferences and postgraduate courses, including:

Ten Years of the Civil Procedure Act 2005 (NSW)

This conference will cover expert evidence, discovery and other key procedural issues. 18 February 2015, Banco Court of the Supreme Court

Anti – Money Laundering and Proceeds of Crime: Laws and Counter Measures This course, run by former Deputy Director at CDPP, Jim Jolliffe, will feature an embedded master class with lectures from leading experts. 8 May 2015.

First Nations Moot at UNSW Law UNSW Law’s inaugural Mooting Competition of Australia’s First Peoples was held in August this year. The competition saw UNSW Law lecturer Dr Daniel Joyce provide participants with a highly topical problem relating to section 18C of the Racial Discrimination Act 1975 (Cth) that both challenged and engaged the mooters. In the lead up to the competition, Indigenous students participated in a workshop run by UNSW Law’s Jessep Moot Coordinator Dr Lucas Lixinski, and UNSW Law’s Director of Indigenous Legal Education Jeni Engel, to introduce them to the advocacy and research skills needed to participate in mooting. Among the judges were practising barristers, UNSW Law academics, and senior UNSW Law student mooters. The grand final was

Mooting finalists Emma HudsonBuhagiar, Kate Sinclair, Professor David Dixon, Tamara Kenny, Bridget Cama (runner up).

The winner of the mooting competition, Kate Sinclair, said, “I was able to take away a lot from the competition. I thoroughly enjoyed creating and presenting a case. The experience has not only persuaded me to consider a career in legal advocacy but has also given me confidence to believe that I can be an advocate.” adjudicated by His Honour Judge Matthew Myers of the Federal Circuit Court, also a UNSW Law graduate, and the first Indigenous person to be appointed a federal judicial officer in Australia.

New Postgraduate Scholarships

undertaking postgraduate studies.

UNSW Law is excited to announce that four substantial scholarships will be available each year to outstanding applicants of postgraduate coursework programs. Each scholarship, valued at $10,000, will be tenable for a period of one year for students enrolled full time, or pro rata for part time students. The first scholarships will be available in Semester 1, 2015. Selection criteria are based on academic merit, professional experience and reasons for

Director of Postgraduate Programs at UNSW Law, Professor Brendan Edgeworth, explains: “As the Law School ranked 14th in the world, UNSW Law continues to attract the best and brightest students both in Australia and abroad. These scholarships cement UNSW Law’s place as a world leader in legal education, providing opportunities for high calibre postgraduate coursework students.” The scholarships are open to both LLM and postgraduate coursework applicants.

2014 No. 2

Julian Laurens, Lucy Jackson, Marie Iskander, Rebecca Gallegos, Megan Davis, Kyllie Cripps, Leon Terril

The Indigenous Law Centre at UNSW About the ILC The Indigenous Law Centre (ILC) at UNSW is the only Indigenous law centre in Australia. Established by Emeritus Professor Garth Nettheim, and directed by Megan Davis, UNSW Professor of Law, and UN Expert Member of the United Nations Permanent Forum on Indigenous Peoples (UNPFII), the ILC is an integral part of our Law School. The ILC contributes to the recognition, protection and development of the legal rights and freedoms of Indigenous peoples both in Australia and internationally. The ILC’s

UNSW Law Alumni News

work is based on the belief that in order to live a valuable human life a person must have the freedom to make choices about how they live. Given the intrusiveness of law and government policy in Indigenous communities, community legal education plays an essential part in informing those choices. This is why the ILC is passionate about providing Indigenous people and their communities with affordable and quality information on Indigenous legal issues. According to the ILC, the power of community legal education cannot be overstated: when people understand the laws and policies that impact upon them, they are better able to assert their rights and obtain access to justice. And when people working in the justice system are kept informed of developments, they are better able to obtain justice for their clients.

What does the ILC do? Journals The ILC has two high profile publications— the Indigenous Law Bulletin (ILB) and the Australian Indigenous Law Review (AILR)— which aim to provide a voice for Aboriginal and Torres Strait Islander people, in what can often be a complex legal system.

As one of the nation’s leading intellectuals, Professor Megan Davis has worked hard to ensure the Centre’s flagship publication, the ILB, covers the topics most relevant to Indigenous people both in Australia and overseas. Professor Davis and ILC staff have spent the past year working to increase the Centre’s impact by reaching out to Indigenous experts and community members to gain a better understanding of the issues affecting First Nations peoples. These issues include the shockingly high rates of Aboriginal incarceration, particularly the high increases in imprisonment of Indigenous women; access to justice; land tenure reform; constitutional recognition; and anti-discrimination legislation. Through Professor Davis’ work on the UNPFII, the ILC is also learning how international laws, such as the UN Declaration of the Rights of the Child, and the UN Declaration on the Rights of Indigenous Peoples, can help First Nations people in Australia. Research Research at the ILC is led by the Director and Centre Fellows, with core research areas focusing on violence against Indigenous women and children; Constitutional reform; Aboriginal land tenure reform; home ownership on Aboriginal land; and the UN Declaration on the Rights of Indigenous Peoples. The ILC disseminates both its own and others’ research through its journals, and through easy-to-understand research briefs available in hard copy and on the ILC website. The ILC’s latest research brief explains the complexities of township leasing in the Northern Territory. Public forums The ILC holds open forums on topics of current public interest which create a space for Indigenous people to learn and discuss issues that directly affect them. In June this year, the ILC hosted a forum on the proposed changes to the Racial Discrimination Act which featured experts including Race Discrimination Commissioner, Dr Tim

Soutphommasane; Sydney barrister, Dr Sarah Pritchard SC; and Indigenous artist, Bindi Cole Chocka. Students The ILC is also a great place for learning and collaboration between students. Indigenous law students at UNSW are encouraged to publish their work in the ILB and in other publications. The final edition of the ILB for 2014 will focus on Constitutional recognition and will feature the work of several of our students. As well, the ILC offers formal internship programs, casual volunteering opportunities, tutoring assistance, and supervision for higher degree research students in the areas of Constitutional recognition and sea country governance.

The future of the ILC This year has been both busy and challenging for the ILC. By far, the most difficult and confronting of these challenges was the Federal Attorney General’s Department’s withdrawal of all funding of the ILC from 1 July 2014. The ILC must now urgently find alternative funding in order to continue its work in tackling Indigenous issues, and giving Indigenous people a voice in the broader public debate. A discontinuation of the ILC would leave a significant and strongly-felt gap in the work being done towards creating a fairer, more equal, Australia.

To donate to the ILC please visit: www.ilc.unsw.edu.au/support-us To discuss partnering with the ILC, please contact Jordana Wong: jordana.wong@unsw.edu.au or call the ILC on 02 9385 2252.

2014 No. 2

ALUMNI U

NSW Law alumnus Yukio Hayashi was born and raised in Yokohama, Japan, where he graduated from an English speaking high school. In the early 1970s, Yukio’s vision of Australia as a new and exciting place to live and learn drew him quickly overseas and – in contrast to his friends who flocked to the United States to earn their degrees – he made a solo migration to Sydney at the age of 17 to study law at UNSW.

Then & Now with Yukio Hayashi (BJuris / LLB ’78)

Yukio admits that although he learned English growing up in Japan, he was challenged from the outset of his time in Australia, not only by the intense law subjects of a BJuris / LLB degree, but also by his inability to speak English as fluently as a native English speaker. Yukio recalls being blown away in his very first Public Law class as his peers discussed ministers’ discretionary power. “It was mind-boggling stuff,” he laughs. “I couldn’t understand at all what we were doing. The first couple of years were a real struggle.”

“It was mind-boggling stuff... I couldn’t understand at all what we were doing. The first couple of years were a real struggle.” When asked if he considered going home at any stage, Yukio recalls that he was at first uncertain whether he could complete the Australian law degree because of the difficulty and the pressure. “Generally speaking, in Japan the biggest hurdle is the entrance exam. People work hard and study but once you enter university it’s all rather soft I believe, looking at my older

UNSW Law Alumni News

brother. If you do the minimum you tend to pass and get your degree, but here, if you don’t study, you don’t get the grades, and if you don’t get the grades, you’re out of university. In the first year I saw a number of students dropping out.” However, by the third year of his studies Yukio had a greater knowledge and understanding of the various areas of the law, and was quickly growing more comfortable. As well, the 1970s were seeing a robust and exhilarating economy, with new relationships forming in the East. Yukio had the foresight as a young student, advised by businessmen in Japan, to see that a lawyer with both Japanese and English language skills would be in high demand as relations between Australia and Japan matured. For Yukio, the idea of returning to Japan began to fade as opportunities presented themselves onshore. In 1978, Yukio graduated from UNSW with a BJuris / LLB and, in 1979, Yukio became the first Japanese lawyer admitted to practise in Australia. Having undertaken a clerkship at Baker & McKenzie during his time at Law School, and have developed a good relationship with one of the partners, Yukio accepted a graduate role at the firm after graduation. Later, Yukio moved to Freehill Hollingdale & Page (now Herbert Smith Freehills), where he worked in the commercial team, and was promoted to partner after only a few years, in recognition of his hard work. During his time at Freehills, Yukio provided advice in commercial and corporate law for many Japanese companies as the economy in Japan boomed and investments rolled in. In 1996 Yukio established his own boutique law firm, Yukio Hayashi & Associates (now

Hayashi & Hong Lawyers). He comments on the success of his transition from a large commercial firm to a smaller, more specialised one: “It was a good run; most of the clients came with me. After a few years, because of the size of the firm, you’re no longer competing with Freehills or Bakers; it’s a different league, and you have to concentrate on a different kind of work. I had to switch my mind and look after different individuals.” Eighteen years on, Yukio’s biggest enjoyment is undertaking occasional criminal works. In his opinion, “Civil matters are all about money, but the criminal law is more pure, more about human rights and the justice system, though no money is involved. But it’s more interesting, there’s more of a human element.”

“There is so much Japan can learn from the Australian criminal justice system. In the long term I can see myself in the area of academia, writing papers and introducing Australian systems to the Japanese legal sphere.” Looking ahead, Yukio is keen to conduct a comparative study between the Australian criminal justice system and the Japanese criminal justice system, believing the Australian system is far more advanced. “There is so much Japan can learn from the Australian criminal justice system. In the long term I can see myself in the area of academia, writing papers and introducing Australian systems to the Japanese legal sphere.”

2014 No. 2

ALUMNI IN ALTERNATIVE CAREERS

A UNSW LAW DEGREE CAN TAKE YOU PRETTY MUCH ANYWHERE…

UNSW Law Alumni News

Sachin Kumar (BCom / LLB ‘08) Senior Manager, Strategy & Scheduling at Cricket Australia Current city: Melbourne My typical workday:

I am responsible for developing and monitoring the strategy of Australian cricket and strategic investment across Australian cricket, as well as leading the development of the Australian cricket schedule and overall Future Tours Program. The typical day varies but it usually consists of meetings, a bit of Excel, and lots of emails! That may not sound exciting in itself but the subject matter is fascinating.

The best part of my job:

I really enjoy the opportunity to make a significant impact in my day-to-day role in a sport that many people are passionate about.

How I got here:

I worked at Bain & Company as an Associate Consultant for a couple of years immediately after Law School. After finishing up there and looking for the next exciting opportunity, an analyst role at Cricket Australia came up and the rest is history.

Advice I’d give my younger self:

Anne Crooks (BCom / LLB ‘87) Head of Corporate Services, YWCA Current city: Sydney My typical workday:

Meetings, contracts, budgets, emails, phone calls, and a fantastic environment… and lots of coffee.

The best part of my job:

Constant challenges and a fantastic team. Knowing that what I do helps to make a difference in the lives of people all over NSW.

How I got here:

I spent five years as a lawyer in a mediumsized Sydney law firm. I was the first woman to join as a solicitor and it made for an interesting and challenging first professional experience. After obtaining an MBA at NYU, I spent 10 years in the USA where I worked in institutional banking in the media and communications sector for TD Bank. Upon return to Australia in 2004, I launched an online retail business. Later I joined AUSTAR in various finance and business development roles. Lately, I have been doing board and advisory work in the not-for-profit sector and I ran for local council.

Advice I’d give my younger self:

Focus on what matters most (including work/life balance).

Trust your instincts, find a powerful mentor, network and don’t be afraid to ask for help because most people like to help.

What I’ll do next:

I’m not sure really – I’m enjoying my role in cricket, which evolves continuously. It has already given me many opportunities that I did not foresee, so I think it’s a case of wait and see what comes!

There are some exciting moves at the YWCA. I look forward to being part of offering more programs, more leadership in the not-for-profit sector and supporting the strategies and plans of the Executive Team.

2014 No. 2

GRADUATE CAREERS

Colin Wong (BCom / LLB ‘09) Co-Founder and Product Manager, WooBoard

Current city: Sydney My typical workday:

WooBoard is an online platform that allows employees in a workplace to recognise each other for their efforts and achievements by giving each other a “Woo!” Every day at WooBoard is different and can include product development, customer discovery, web design, pitching to investors, collaborating with advisors, marketing strategy, growing sales and building channel partnerships.

Christal Ho (BCom / LLB ‘99) Strategy Manager, Woolworths, and Master Franchisor for the Escape Hunt Experience in Australia and New Zealand Current city: Sydney My typical workday:

As a Strategy Manager at Woolworths there is no “typical” day as the role is project-based and the type of project varies, ranging from developing a customer

UNSW Law Alumni News

The best part of my job:

I like that it’s so hands on. I’m running a great company with a great team.

How I got here:

After leaving Law School I took time out working in an art shop before travelling the world with my now wife (also a UNSW Law graduate). I then started up full time at King & Wood Mallesons for four years as a solicitor in banking and finance before transitioning to head up WooBoard.

Advice I’d give my younger self:

Take more risks and do something you’re passionate about. If you don’t know what that is, look for it!

What I’ll do next:

I’m looking forward to growing the Australian WooBoard team, setting up a U.S. office and hopefully raising a Series A in the not too distant future!

strategy for Woolworths to reviewing promotions to developing recommendations on how to improve store refurbishments. A day might include meetings with stakeholders or subject matter experts, brainstorming and reviewing research or analysis as required for the projects I’m working on.

The best part of my job:

In strategy, I love the diversity of the work and how it translates to tangible changes in the business. For example, the Pricing & Promotions work resulted in changes to the level, frequency and types of products on special in Woolworths stores nationally.

How I got here:

I started off as a graduate at Deloitte in

Jenna Yoon (Masters of International Law and International Relations ‘11) Producer Journalist, SBS Current city: Sydney My typical workday:

There is no such thing as a typical working day for me. I spend most of my time doing interviews, writing features on all sorts of subjects from the Vinnies CEO Sleepout to PSY’s Gangnam Style, and doing a lot of translations/voice-over. I’ve hosted events such as the FIFA World Cup live match at the Sydney Entertainment Centre in 2006 and Campsie Food Festivals from 2000 to 2009.

The best part of my job:

SBS is a great place to work if you’re open to multicultural experiences with

their Indirect Taxes team for a few years until taking up a job at AMP to be a “Project Manager” for the GST Post Implementation Review. After taking six months off for a working holiday in London where I contracted at Oracle, I went back to AMP but shortly after moved to Pacific Strategy Partners, a boutique firm based in Sydney and Melbourne. I progressed quickly at PSP and after seven years I moved into a corporate role as Strategy Manager at Woolworths.

Advice I’d give my younger self:

It’s great to have goals, but trust your instincts and don’t ignore them for the sake of meeting timeframes you’ve set yourself. Life is about adjusting goals,

journalist colleagues from over 70 different nationalities. Also, meeting people from all walks of life and listening to their stories is the best part of my job.

How I got here:

I have spent my whole working life with SBS. Meeting UN chief Ban Ki-Moon in 2006 really inspired my interest in studying international law and international relations. While studying international law in 2009, I had a chance to interview Judge O-Gon Kwon of the ICTY for SBS World News Australia which made me feel more confident as a journalist in understanding contemporary international issues and events from a wide variety of perspectives including a legal one.

Advice I’d give my younger self:

There’s no need to worry because everything always works out better in the end!

What I’ll do next:

I’m ready to take whatever comes my way. When the right opportunity comes along, I will take it.

timeframes and yourself to counter what life throws at you. It’s important to keep investing in your overall growth; e.g. personal development, emotional intelligence, financial knowledge, investment knowledge and traditional education.

What I’ll do next:

I’ll be moving away from full time work as an employee and taking the next few months off to travel to Europe and South America. I’m also the Master Franchisor for The Escape Hunt Experience in Australia and New Zealand, so I’ll focus on that and some other ventures I have in mind. It’s very exciting to think of the possibilities!

2014 No. 2

ALUMNI EVENTS

SPRING DRINKS

UNSW Law Alumni News

Sao Paolo: (above):

From left: Lucas Lixinski, Colin Picker, Fabiana Paes, AndrĂŠ de Almeida Geraldes, Ulisses Gagliano, and ivian Aldet Moreira

Berlin (right):

Manuela Thiel, Daniel Eichenauer, Claas de Boer, Prue Vines and Joshua McFarlane

ALUMNI OVERSEAS Jakarta (left): Back row:

Hudiansyah Is Nursal; Colin Picker; David Kairupan; Fadriyadi Kudri; Smara Dahan Front row: Ronaldo Tapan; Lydia Santoso; Dyah Maryati; and Nukila Evanty

If you are interested in starting an alumni chapter in your city, please contact lawalumni@unsw.edu.au to find out more.

Hong Kong (right): Jeremy Law, Barnabas Fung, Eddie Sean, Henry Wong, Tim Gordon, Eugene Yeung, and Jason Mak 2014 No. 2

Remember when?

BORED OF THE RINGS: LAW REVUE 2000

UNSW Law Alumni News

2014 No. 2

SAVE THE DATE UNSW LAW ALUMNI NETWORK PRESENTS:

Look Who’s Talking: A panel discussion on The Law: Driving or Obstructing Technological Innovation?

Moderated by Nicholas Gray CEO, The Australian

With guest speakers: Nick Abrahams Partner, Norton Rose Fulbright Fiona Robson Supervising Counsel, Telstra Philip Argy Consulting Principal, Keypoint Law Lyria Bennet Moses Associate Professor, UNSW Law Date: Tuesday 17 February 2015 Time: 6:15 – 7:30pm Location: Norton Rose Fulbright Lvl 18 Grosvenor Place 225 George Street, Sydney

Stay connected facebook.com/UNSWLaw law.unsw.edu.au/LinkedIn youtube.com/UNSWLaw

The UNSW Law Alumni Facebook page has merged with the UNSW Law Facebook page. Please ‘like’ UNSW Law on Facebook to stay updated on alumni news and events throughout the year. facebook.com/UNSWLaw Visit the UNSW Law YouTube page to learn more about Law School and alumni events you might have missed in 2014 www.youtube.com/user/unswlaw/featured

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UNSW Law UNSW Australia UNSW Sydney NSW 2052 Australia T +61 2 9385 2227 E lawalumni@unsw.edu.au law.unsw.edu.au/alumni