ISSUE 2, 2014 ISSUES
Juvenile Justice in Cambodia and Vientam P–13 LIFESTYLE
The Unmentioned Problems with the 21st Century’s Growing Fitness Phenomenon P–17 STORY CORNER
A Day in the Life of an Intellectual Property Lawyer at K & L Gates P–21
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Et Cetera 2014 Issue 2 Editor-in-Chief Karthik Maganty Editors Alex Doddridge Martin Krivosija The Deakin Law Students’ Society wishes to thank the following individuals and organisations for their ongoing support Contributors
The Hon. Mr. Alistair Nicholson AO RFD QC, Mr. Harlis Kirimof of Counsel, Ms. Jane O’Callaghan, Jonathon Margeridis, Andrew Keeghan and Lauren Greer
Sponsors
Allens, Corrs Chambers Westgarth, Herbert Smith Freehills, K&L Gates, King & Wood Mallesons, Minter Ellison Lawyers and Thomson Geer
The views contained within the articles and pieces contained within this magazine is that of the respective authors’ , unless otherwise provided, and not the Deakin Law Students’ Society (DLSS). The DLSS disclaims any liability, whatsoever, arising from any alleged cause of action. © DLSS 2014
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CONTENTS
CONTENTS 1.
2.
3.
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THE LAW CORNER
ISSUES
04 Foreword from the Editor-in-Chief 06 Judges Have a Sense of Humour 07 Foreword from the President
08 Going to the Bar 11 Family Violence: Striking a Balance
13 Juvenile Justice in Cambodia and Vietnam 15 Taxi Monopoly: Pushing out the Leading Players
4.
5.
LIFESTYLE
STORY CORNER
16 Five Things You Would Not Expect Travelling Solo 17 The Unmentioned Problems With the 21st Century’s Growing Fitness Phenomenon 18 For the Love of Beer 19 Film Reviews 20 Music Review
21 A Day in the Life of an Intellectual Property Lawyer at K&L Gates 23 A Day in the Life of a Tax Lawyer at Corrs Chambers Westgarth 24 A Day in the Life of a Lawyer in the Equity and Capital Markerts Practice Group at Minter Ellison
6.
7.
YOUR SOCIETY ANTICS
HELP!
34 Committee Profiles
36 Pulling an All-Nighter 38 Lost in Love
25 A Leo Cussens Graduate Shares their Story 27 Real Estate at Allens 29 Commercial and Regulatory Practice at Minter Ellison 31 A Day in the Life of an Employment Lawyer at Thomson Geer 33 A Day in the Life of a Lecturer
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FOREWORD From the Editor-in-Chief
Editor-in-Chief
and numerous students who are unable to obtain jobs. The situation is likely to worsen unless action is taken.
Dear Readers, Welcome to another edition of Et Cetera. I hope you have had a great break and are ready and rested to tackle Trimester 2. For this edition, we have been fortunate to have gained contributions from esteemed members of the legal profession including the Hon. Former Chief Justice of the Family Court of Australia, Mr. Nicholson AO RFD QC and Mr. Kirimof of Counsel. These articles are useful in understanding the approach undertaken by leaders of the legal profession and can be utilised to assist you in your careers in law. Over-supply of Law Students
Deakin University’s Success at the Willem C. Vis International Commercial Arbitration Mooting Competition Deakin University has won the highly coveted Willem C. Vis International Commercial Arbitration Mooting Competition in Vienna. The oralists included Tess Blackie and Sam Hall (Vienna) and Steve Dyason and Alex Garfinkel who represented Deakin University at the Hong Kong component of the competition. The team was led to victory by the exemplary efforts of Mr. Ben Hayward who ensured that the speakers were versed in all aspects of International Commercial Law. Keep an eye out for some of the upcoming DLSS events including our ‘Burlesque Law Ball,’ Careers Q & A Panel, PALS event and PLT Careers Fair to name a few.
As I am sure you are aware the legal profession is transforming rapidly. Recently, the Australian Catholic University has developed a law school and Swinburne University is in the process of doing the same. This has undoubtedly resulted in an over-supply of law students which far outstrips the demand for legal services.
Good luck for your endeavours during the remainder of the year.
I say this not to scare you, but to inform you of the reality that exists in the present job market and to create awareness which I hope will translate into some action to reform the present system. Educators may have sold you a law degree on the basis of its wide use as a ‘generalist degree’ in the event that you do not become a lawyer, but do not be fooled by the present situation. Many degrees teach students transferrable skills, however, the primary reason educators still insist that skills obtained during the study of law are of wide application and can be utilised in other fields (such as management) is because the degree is inexpensive to teach, unlike other studies such as medicine, and is charged at a premium for the ‘critical thinking skills’ which it claims to develop.
Editor-in-Chief
Karthik Maganty
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JUDGES HAVE A SENSE OF HUMOR TOO…
Quotes from Cases and Legal Jokes
Judge: “And what is the nature of the new evidence?”
GLEESON CJ: Mr Walker and Mr Griffin, I hold some shares in Woolworths Limited, which I assume is the holding company of the respondent. McHUGH J: And so do I. HAYNE J: As do I. KIRBY J: I do not, but I do go to shop at Woolworths from time to time, quite happily. MR WALKER: As long as your Honour does not strike hard bargains. -Thompson v Woolworths (Qld) Pty Ltd [2005] HCATrans 7 (3 February 2005)
Lawyer: “Judge, I discovered that my client still has $500 left.”
A man phones a lawyer and asks, “How much would you charge for just answering three simple questions?” The lawyer replies, “A thousand dollars.” “A thousand dollars!” exclaims the man. “That’s very expensive isn’t it?” “It certainly is,” says the lawyer. “Now, what’s your third question?”
“The minute you read something that you can’t understand, you can almost be sure that it was drawn up by a lawyer. ” -Will Rogers
The lawyer was cross-examining a witness. “Isn’t it true, “he bellowed, “that you were given $500.00 to throw this case?” The witness did not answer. Instead, he just stared out the window as though he hadn’t heard the question. The attorney repeated himself, again getting the same reaction - no response. Finally, the judge spoke to the witness, “Please answer the question.” “Oh,” said the startled witness, “I thought he was talking to you.”
A lawyer calls his client to tell him about his fee schedule. “Alright,” the lawyer says looking through his papers. “You owe me $1000 now and $417.58 cents each month for the next thirty-six months. “What! That sounds like a car payment schedule,” retorted the client. “Your right. It’s mine ●
The judge frowned at the tired robber and said, “then you admit breaking into the same store on three successive nights?” ”Yes, your honour.” “And why was that?” “Because my wife wanted a dress.” The judge checked with his records, “But it says here you broke in three nights in a row!” “Yes sir. She made me exchange it two times.” Lawyer: “Judge, I wish to appeal my client’s case on the basis of newly discovered evidence.”
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PRESIDENTS ADDRESS
President Dear Readers, I’m not going to lie, last trimester was the most challenging trimester of my whole time at Uni. Managing everything DLSS related with working part-time, volunteering, studying and trying to maintain a resemblance of a social life was tough. Such a balancing act is not too uncommon for most law students. In such times it is easy to let stress takeover. Whilst some stress can be helpful and even aid performance, intense stress can be severely detrimental to our mental and physical health. As someone who was definitely a self-proclaimed ‘stress head’ in my initial years at uni, I have now developed ways to successfully ensure that I never let stress takeover which I would like to share. 1) Get Active Whilst I definitely understand the challenge of finding the time to get into a routine for physical activity, I can ensure you that physical activity is one of the best ways to deal with intense Uni periods. When we under go some form of exercise our brain admits dopamine which is a chemical which is scientifically proven to reduce stress in our bodies. 2) Explore New Opportunities Due to the intense nature of undertaking a law degree, uni life can get pretty stale, pretty quickly as we get caught up in the study grind of the semester.
One of the best approaches I have encountered to keep things lively/exciting throughout my time at uni, has been through always embracing new opportunities that have come my way. My point here is to remember to take the opportunities that are there in front of you to branch out and expand your uni experience from more than just study. There are plenty of opportunities out there just waiting for you to turn your mind to them. 3) Getting Out of the University Bubble Whilst being involved actively on campus in terms of both study and extracurricular opportunities can be very rewarding, it is also important to remember to make time to get away from it all every now and again. For some people this involves going away on overnight or weekend trips to take in a new sight or sound. For others this is hanging out with old friends from high school. 4) Keeping Things in Perspective This is one of the most valuable pieces of advice that I can pass on to younger students. At times it is easy to get caught up in the mindset of law school as the ‘be all and end all’ of our existences, but I can assure you this is definitely not the case. Our time at uni is merely one speck of what we will do in our lives, and whilst it is important to focus and do well, it is also not worth burning ourselves out or getting into a state of anxiety because of it!!
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LAW CORNER
GOING TO THE BAR
Harlis Kirimof, Victorian Bar When Theo Alexander suggested to Karthik Maganty (in my presence) that I should contribute to et cetera – the article topic was obvious to all of us, even before Theo sold it: I have joined the Bar at a very early stage in my career and some students might like to know how. But as the words “sure, no problem” passed my lips, the thought “I have no idea” crossed my mind. The truth is, I feel unqualified to answer that question because I signed the Bar roll a mere 12 months ago and simply hanging around for 12 months is something most people could accomplish with a bit patience and savings. It is no real sign of success. As a sole trader (all barristers must be sole traders to protect their independence) whose practice has so far relied upon a little skill and the generosity of barristers on my floor (especially Theo Alexander and Michael Bearman) as well as friends who are now solicitors, I am constantly wondering whether I will ‘make it’. Nevertheless, even from within the womb, I can proffer some advice about how to reach the starting blocks so let’s start with a practical checklist of what you need: 1. a law degree – preferably with your name on it; 2. ’Practical Legal Training’ or appropriate internship; 3. admission as an Australian Lawyer; 4. $350 for a ticket to sit the Victorian Bar Entrance Exam which is held twice a year; 5. time to study for the exam
(how much time… I don’t know, maybe 3 months?); 6. attending and passing that exam which is entirely written, 3 hours long, requires a 75% grade to pass, is a combination of short to medium answer questions, and examines ethics, evidence, and both criminal and civil procedure; 7. having passed the exam, $4,300 to pay the Readers’ Course fee; and 8. completion of the 8-9 week Readers’ Course at the end of which you’ll sign the roll of counsel in the Supreme Court library, have a boozy dinner, and if you’re lucky enough, wake up the next morning racing to the Ringwood Magistrates’ Court as your body tries to process the cortisol. Note that, despite opinion, the checklist doesn’t require a wig, solicitor friends or, quite frankly, any experience whatsoever (but all these things are desirable). That’s the checklist; now for the lessons.
‘I’m not sure why but is a source of great consternation to me that people think barristers are superior to solicitors .’
Barristers Are NOT Better Than Solicitors I’m not sure why but it is a source of great consternation to me that people think barristers are superior to solicitors. They are not; they simply occupy a different role. I was discussing this misconception with Theo recently and I’ll adopt the words he used: “a good solicitor is a work of art”. And the following remains true: there is glamour and money aplenty in being a good solicitor. Who You Know is Important But that doesn’t mean you have to know anyone now. Nor does it mean you have to be one of those pathological networkers who keep notes about people they meet (they do exist). At a training session for a business thing I once attended we were asked to think about networking. I asked – isn’t it just using people? No one had an answer and frankly I’m not sure there is one. Something that must be acknowledged is this – business is conducted on human relationships – or at the very least – it is never conducted in the absence of human relationships. Unless you have an absolute monopoly of the good or service you’re selling to the market (I can assure you there is no monopoly in law) – you have to think about who you know. People like other people who are friendly, interesting, reliable and trustworthy; frankly, I don’t think anyone has to apologise for that. Plus, we are fortunate that compared to other places in the world, Melbourne appears to be a fairly meritocratic city. Personally, I
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LAW CORNER
‘...business is conducted on human relationships - or at the very least - it is never conducted in the absence of human relationships.’
don’t seek people out. I never have. I don’t purposefully meet people to see if they have work or something to offer. I just try to be respectful, helpful and fair. That’s all it is. Everyone has something valuable to teach you. Appreciating this might help you to develop those networks. Don’t seek people out looking for work; look for lessons. Make People Want to Work With You
court process in particular, although that would be good. But at least something that teaches you the basics about work life and office professionalism – what you can and can’t say in an e-mail, where people’s expectations are set, how to maintain a file, how to conduct a conference etc. It’s funny now but I remember it wasn’t all that long ago that making a simple phone call to a client caused me significant stress Appreciate People’s Incentives
This lesson interlinks and overlaps with the preceding one – how should you relate to people? It was put simply and powerfully by the CEO of Goldman Sachs, Lloyd Blankfein “You have to in your life get people to wanna work with you and wanna help you”. If you’re the kind of person that rudely and consistently nit picks about minor issues on CloudDeakin, may I suggest that you become an indomitable genius in your field so that you at least have a chance of having a successful career? Be a Bit Selfish Vis a vis your friends and your colleagues. Don’t feel the need to go out all the time if you don’t enjoy it. Leave your job if there’s a better one (but be prepared to stick it out if you’re going somewhere). Surround yourself with people who won’t begrudge your success and whose success you will meet with happiness. I think it was Gore Vidal who said “Every time a friend succeeds, I die a little”. I love this quote because it’s true. Do your best to make it as false as possible in your world. Think about a stepping stone People often remark on how I went ‘straight to the bar’. It’s true that if you check my profile online you’ll see that my admission date as a lawyer is a mere 3 weeks before my signing the bar roll. But that ignores the two years I spent at Deloitte as a tax analyst. Two very valuable years I might add. The stressful FBT seasons, the complex tax advice, the rewriting huge chunks of manuals where the law in each and every state is slightly different (why!?). Unless you have a parent who is a barrister (or better yet a solicitor) or you’re already acknowledged as being the next Sir Owen Dixon, think about a stepping stone. Perhaps a judge’s associateship, working for the government, working in a solicitors’ firm or in an accounting firm. I don’t think it’s essential that you are exposed to the
In our readers’ course, His Honour Associate Justice Mukhtar of the Supreme Court spoke to us. He said something that stuck with me. His Honour asked, think about what you are to a solicitor; what you represent. You represent stress relief. They take a file off their desk and put it onto yours. If you want solicitor’s to brief you, relieve their stress. That kind of empathy helps in many different situations and for different people. Enough said. Hard Work No pain no gain. People often see the supposed glamour of being a barrister. What they don’t see is the fact that I’m writing this on Easter Sunday having worked on Easter Friday and Easter Saturday too. What’s more – they don’t see and will never see the work that was done before I ever set foot in this place. There was one moment a few months ago when – having spent all weekend working on an advice and having finally finished at 2am Monday morning – I thought “I am unbelievably tired right now, but I have a 5,000 word assignment due (for Master of Laws) today at 5pm, and it just has to get done”. What can one do but open a fresh .docx and start typing? Daily Wisdom It’s amazing how easily and efficiently wisdom can be garnered these days by simply going to a ‘quotes’ website. My experience is that the lofty words of famous philosophers, artists, businesspeople and entertainers are mostly true. There is no moment of disillusionment and realisation that the real world is just a conspiracy. At least not for law students in this part of the world. Hard work, perseverance, courage, kindness and all of that actually matters on a day-to-day basis. Salt
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LAW CORNER
‘What may surprise you is that, sink or swim, others will be proud of you too.’
Take all the above with a grain of salt. These ‘lessons’ I have learned are simply propositions that have stood up so far in my experience. Tomorrow I may turn around and realise what I thought today was totally wrong. If it doesn’t work out, it’s not your fault Well, actually, it might be. If you appear in court naked, crash tackle your opponent, or, after losing a trial, ask the judge “Do I still get paid?” THEN it’s your fault (I’m saving all three for my last ever appearance – watch this space). Short of that it probably isn’t your fault. If there’s one lesson we should learn by the time we finish university, it’s that the link between success and merit in our world is not as strong as it appears. There are a myriad of factors big and small, seen and unseen, inside and outside our control that shape and define our success. Sometimes, things just don’t work out. If it doesn’t work out, it’s not your fault.
But honestly, if you really want to do it, I don’t think what anyone says in any article will change your mind. If it doesn’t work out, you can always try again later, and you will only be proud of yourself for trying. What may surprise you is that, sink or swim, others will be proud of you too● Mr. Kirimof signed the Bar Roll in 2013 and has developed a broad practice encompassing commercial law, taxation and crime
Finally If you’re thinking about going to the bar because you think it will be easier than spending months applying for a firm, because there’s no interview process, because your university marks won’t matter, because of the supposed large fees you’ll receive or because of a “I saw a barrister in Court once and I could do that” attitude, then you should reconsider.
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LAW CORNER
FAMILY VIOLENCE Striking a Balance
‘...family violence has increased by 40% to 60,000 incidents for the 2012-2013 financial year, with 20 incidents resulting in the death of another.’
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Obtaining a Family Intervention Order
Editor-in-Chief Family Violence has been a hot topic on the agenda of politicians in recent years as a result of the increase in reported family violence incidents. This article explores the current regime that is used to deal with family violence in Victoria and its shortcomings. Increase Incidents
in
Family
Violence
The Age News paper recently reported that family violence has increased by 40% up to 60,000 incidents for the 2012-2013 financial year, with 20 incidents resulting in the death of another. The reported increase in family violence incidents is indicative of two things. First, it may suggest, that as a society, we recognise that domestic violence is prevalent and consequently that victims of family violence feel comfortable to report abuse. Alternatively it may signal the uncomfortable reality that violence is a means that is being employed on an increasing basis by those in domestic relationships to exert influence over a partner. Rises in domestic violence reports have been met with specialist family violence liaison police officers at each station that are adequately trained to deal with common features of family violence and to assist victims. This has partially addressed the situation but further action is required to appropriately to respond to the family violence crisis in this State. Current System The system in place to deal with the threat of family violence is far from ideal. Presently, intervention orders are the main instruments used to protect vulnerable people who are in fear of their safety. Intervention orders are governed by the Family Violence Protection Act 2008 (Vic) (‘the Act’) (for persons in a domestic relationship) and by the Personal Safety Intervention Order Act 2010(Vic) (for persons who are not in a domestic relationship but nevertheless require the protection of an intervention order). The Act employs a broad definition of family violence and includes: emotional, physical, financial and psychological abuse. However, there is no threshold as to the level of family violence that must be threatened or sustained by an applicant in order to obtain an order.
Violence
To be successful in an application for a Family Violence intervention order, an applicant must satisfy the test set out in s.74 of the Act. It provides, inter alia, that there must have been family violence in the past and that it is likely that family violence (within the meaning set out above) will continue into the future unless the applicant is awarded an intervention order. Also, many applicants apply and are awarded an interim intervention order. Interim intervention orders are awarded on an ex parte basis when an individual is in imminent fear of a threat to their safety or property and a Magistrate believes it is necessary to provide protection to the applicant until the application for the full intervention order can be heard. They are awarded on the basis of the particulars alleged in the application as well as the sworn evidence of the applicant who gives oral evidence. While not a final order, interim intervention orders are often converted into full orders by Magistrates. Latest estimates indicate that up to 80% of interim intervention orders being converted into final intervention orders. Police Applications Police can also apply to obtain an intervention order on behalf of a person whom they fear will be subject to family violence without the adequate protection. Police applications are viewed by Magistrates as applications that involve serious allegations of family violence and are generally awarded in the applicant’s favour. Effects of a Family Intervention Order
Violence
An intervention order is considered to be a civil matter and therefore it is not recorded on a person’s criminal record. However, intervention orders typically restrict a respondent’s movement and contact with a protected person for a period of
twelve months. It is important to note that breaches of interim intervention orders are common and can result in fines of up to $36,000 (in accordance with the current value of a penalty unit) and 2 years imprisonment. Additionally, they may be considered in visa and permanent residency applications as well as custodial disputes. Threshold Undoubtedly, family violence is a serious issue and where there is a genuine fear for safety an applicant should be afforded adequate protection. However, with such a wide definition it is possible for an applicant to allege family violence on a number of grounds without a genuine concern for their safety. Unfortunately, the nature of family violence is such that it is not readily measurable. What is potentially family violence is subjective and differs from person to person. By contrast, in the realm of criminal law, a person who imports an illicit substance will be charged by reference to the quantity of the importation providing a certain basis for determining a charge. As a result it is possible for persons to falsely allege that a respondent has committed family violence against them without a proper basis. This is especially the case in the situation where an applicant applies for an interim intervention in the absence of the applicant. With the soaring number of applications for intervention orders in Victoria, a threshold test needs to be developed to guide decision makers to reach a conclusion. Perhaps, a nominal fee could be used to deter persons who are manipulating the system to their advantage or a reasonable person test is incorporated into the test to determine whether there is a threat of family violence. Without such amendments to the Act, respondents may face unwarranted restrictions on their behaviour and will be left to the devices of the presiding magistrate●
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ISSUES
JUVENILE JUSTICE IN CAMBODIA & VVIETNAM
The Hon. Former Chief Justice of the Family Court of Australia, Mr. Nicholson AO RFD QC Over the last nine years, Children’s Rights International (CRI), a small NGO that I chair, has been working to improve the juvenile justice systems in Vietnam and Cambodia. Progress has been slow and sometimes frustrating but we have achieved improvements and there are promising signs for the future. First it is necessary to briefly discuss the existing legal systems in those countries and the limitations that they impose. Because of their background as either French colonies or under French control for approximately 100 years leading up to World War 2, their legal systems are heavily influenced by European civil law, rather than common law. In the case of Vietnam, the system is also influenced by the fact that it has been a Communist country since it gained independence from the French in the north in 1950 and following the conclusion of the American war in 1975, in the south. Many present judges and lawyers were trained in the former Soviet Union, or where trained locally, were still subject to Soviet influence on their jurisprudence. This has meant that Governments in both countries tend to regard the courts as subordinate instruments of government and judicial independence is not the norm. However there are moves to assert judicial independence,
particularly in Vietnam. The Cambodian legal system, together with many of its practitioners, was destroyed by the Pol Pot regime in the 1970’s and has been detrimentally affected by the continued war that raged into the 90’s. Progress in the system is further affected by widespread corruption, particularly in Cambodia, which to some extent stems from the inadequate salaries paid to judges, prosecutors and police. The number of independent practising lawyers is comparatively small in both countries compared to their numbers in the West and Government legal aid for people subject to criminal charges is unknown, although there are some NGO’s who do great work in this regard. There are no separate children’s or juvenile courts in either country and children who are accused of crimes are dealt with in the ordinary court system. In Cambodia, if incarcerated, they are held in normal jails with adults, although sometimes accommodated separately. Vietnam is similar, although young people are incarcerated in reform schools in unsatisfactory conditions. Penal laws provide some consideration for juveniles in terms of shorter sentences, but these are still excessive by western standards. Child protection is rudimentary and not part of the role of the courts and little regard is paid to child witnesses or victims. On the plus side, both countries have ratified the UN Convention on the Rights of
the Child (CRC) and there are moves in both to set up children’s and family courts in the case of Vietnam and child friendly courts in the case of Cambodia. In Vietnam it is hoped that the National Assembly will give approval to the concept of a separate children’s and family court late this year with appropriate legislation to follow. Cambodia has a draft Juvenile Justice Law which has been in gestation since 2002, but it is hoped that it will be given more attention in the coming year. It should be noted that in both countries there are people working both within Government and outside it to bring about reform and it is in this area that CRI has been able to help. What we have been able to do is to provide Australian experts in juvenile law, police and corrections to give advice and assistance to Government and Courts in both Vietnam and Cambodia. In Vietnam we initially concentrated on developing an improved approach to child protection in conjunction with Royal Children’s Hospital International, the National Paediatric Hospital of Hanoi and a local NGO, between 2009 and 2011. This culminated in a large seminar held in Hanoi in late 2011 under the auspices of the National Assembly of Vietnam in which we participated. Thereafter there was little apparent progress until 2013 when in conjunction with UNICEF, we hosted a successful visit of a Vietnamese party to Melbourne headed by the Deputy Chief Justice of the Supreme
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ISSUES
‘There are no separate children’s or juvenile courts in either country and children who are accused of rimces are dealt in the ordinary court system.’
People’s Court to examine the Victorian juvenile justice system. In February of this year, together with the President of the Children’s Court of Victoria, Judge Couzens, I attended a seminar in Haiphong held by the Vietnamese National Assembly and supported by UNICEF to consider the setting up of a children’s and family court in Vietnam. That seminar was highly successful in that such an approach was approved and it is hoped that it will be the first major step in that process. In Cambodia, the CEO of CRI, Bill Jackson, in conjunction with a local NGO, Legal Aid Cambodia (LAC), prepared an important report on juvenile justice in Cambodia in 2006 and subsequently a committee of representatives of NGO’s and Government officials headed by the Under Secretary of State for Justice was set up to further develop the proposed Juvenile Justice laws. CRI arranged for Cambodian lawyers to come to Australia for experience in 2007 and to attend the World Congress on Family Law and Children’s rights in Halifax, Canada in 2008 In early 2010, I co- chaired a seminar in Phnom Penh with the Under Secretary to consider and compare juvenile justice provision in Australia with the existing laws in Cambodia. It was attended by a wide group of judges, prosecutors, senior police and NGO representatives and it arrived at the unanimous view that action was necessary
in this regard. A subsequent working party recommended the introduction of child friendly courts into the Cambodian legal system in conjunction with the new Juvenile Justice Law. It rejected the concept of a separate children’s court for constitutional and financial reasons. In 2012, CRI hosted the visit of a Cambodian working group headed by the President of the Court of Appeal and the Secretary of State for Justice to Melbourne and Canberra to examine juvenile justice in both locations. The visit was very successful and led to considerable enthusiasm for change on the part of those attending. This was followed by a major conference in Siem Reap in November 2012 attended by 200 judges, prosecutors and police. CRI provided expertise in the form of Australian judges, juvenile magistrates, police and medical practitioners. This was followed by a workshop over 2 days at nearby Battambang, Cambodia’s second largest city. These exercises were financially supported by UNICEF and the Australian Government. In 2013 we arranged for senior Cambodian personnel to attend the World Congress on Family Law and Children’s Rights in Sydney and we provided expert case management assistance to the Department of Justice in dealing with juvenile cases. This year we are planning further training conference and workshop in Siem Reap and are planning training programs
over the next three years. Already there is a noticeable difference in the attitude to children in the court system in Cambodia, although there is a long way to go. We are hopeful of developing appropriate systems of diversion and improving the lot of those children who are incarcerated and developing a more sensitive sentencing approach. We at CRI are proud of our continuing involvement in these important developments which offer a much more humane approach to the children and families of these countries ● Mr. Nicholson AO RFD QC was the Chief Justice of the Family Court of Australia from 1988-2004 and is currently involved with, among other things, the reformation of the Cambodian and Vietnamese justice systems.
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ISSUES
TAXI MONOPOLY Pushing out the Leading Players
An unexpected uncapping of taxi licences in Melbourne earlier this year sparked an uproar amongst cab owners and drivers alike. Graeme Samuel, the Taxi Services Commissioner outlined the primary motive of this change in the ‘Age’ newspaper in February. ‘’We don’t want to see drivers underpaid and operators out of business because they’re paying unreasonably high licence prices, it’s not good for the industry,’’ he claimed. The issue has gradually become a large focal point for both owners and drivers, as analysis of the situation has lead to some conclusive discoveries that reflect dishonesty and hidden agendas from the state government. Assignment of licences dropped from $30,000 to $22,000 per year, lowering licence value by about $250,000. Not only did this diminish large assets and family fortunes for veteran taxi owners and their families, but it has also evoked fear amongst the young up and coming generation of taxi drivers who claim that they will not benefit from it either. The uncapping of taxi numbers in Melbourne and the decrease in lease value means that if desired, the state government can flood the market with cheap taxis and throw the existing owners out of business.
soned driver George Markoutsas acknowledges the likelihood of the attempted monopoly that the state government is aiming to create. “They say they want to fix the industry and create jobs, but it is so obvious that it is all a means of getting their hands on the majority of the profits, the majority of our profits,” he said. “They have seen a good opportunity to come in and take over the market.” According to Mr. Markoutsas and alleged information from a source he has chosen not to name, the plan by the state government is to implement the uncapping of taxi numbers in Melbourne as to take over an industry they would have struggled to claim any other way. My friend in state government has recently informed me of the somewhat obvious, somewhat daunting plan that is in place if existing cab owners should decide not to drop the price of their cab lease to $22,000.” He said. “If we do not play ball and we keep our price at what it originally was, they (state government) will introduce a ridiculous number of new cabs in Melbourne that will flood the market,” he claims. Despite his recent employment as a taxi driver, Prabhdeep (Sonny) Singh agrees that the implementation of these new rules will not aid him in profiting any more than he already was.
Multiple taxi licence owner and sea-
“They say it is so we (can) have the op-
Jonathon Margeridis
portunity to lease our own licences, but we would prefer if it remained the way it was before,” he said. “I think it is a liberal method of getting older drivers and owners out of the market, so that they may purchase the licences they have wanted for so long. Not so we can buy them, but so they can.” Mr. Singh is not aware of any members within the state government who secretively affiliate and share information with taxi owners and drivers, however he has no doubt that Mr. Markoutsas’ claim is legitimate. “I don’t think it is a matter of IF the government will flood the market and push existing competition out, but when.” He said. “Our aim is to get the ALP (Australian Labor Party) in when state elections take place, so we can maybe reverse this joke of a decision.” There is evidently an unnerving truth currently coming to light over the situation that has affected the taxi industry in Melbourne this year. It seems that unless more attention is brought to the real motives behind decisions made by Taxi Services and the state government, a lot of hard working individuals and families stand to lose a lot of money ●
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LIFESTYLE FIVE THINGS THAT YOU WOULD NOT EXPECT TRAVELLING SOLO Lauren Greer 1. A stress free pre-departure If you’ve ever travelled with a group of friends, you will know that trying to coordinate numerous people to do any productive decision making is as frustrating and slow as herding 100 sheep across Punt Road at 9am. No matter how close you all may be, it doesn’t mean you have or should have identical, and if at all similar ideas and budgets for your holiday. However, planning a trip on your own is a completely different story. When those outrageous ideas pop into your head about everywhere you want to go and see, you can go right ahead and do it without consulting anyone! There is no apprehension about whether it is in your friends’ budgets or itinerary. This has made my planning extremely easy, given the more flexible you are with dates and locations, the more pennies you will save! Just a few weeks ago I found a flight from London to Iceland on sale for $100 and booked it instantly; hello volcanoes and glaciers! 2. You’re actually never solo. Opportunities to meet people are everywhere; you just don’t see them until you are by yourself because you’re too busy swapping in jokes with your bffls. I’ve made friends as soon as the check in line at Melbourne Airport; waiting in line for 30 minutes can be a lot more fun with some friendly banter! These opportunities arise every step of your trip; on the plane, on the airport shuttle, and most commonly, when you walk into your new hostel dorm and are greeted with 9 new international friends (who if they’re cool enough invite you out to dinner and drinks!). If you don’t want to be alone, it’s as easy as saying “Hey, where are you from?” to another solo traveller or group, either at the hostel, where you’re eating lunch, or in a bar. Everyone is there to have a good time just like you. I have never received a response that wasn’t “Hey!! Where are you from?! I love your accent! Let’s go out tonight!” Believe it or not people have a lot of respect for solo travellers and will automatically think you’re really interesting/ballsy from the get go. In my experience, out of months there has only been one night where I have been actually alone, and this is when I had to pry myself away after a week of Full Moon parties to a deserted beach for recovery. In fact, I travel with more people when I’m ‘solo’ than I do if I go with a friend or two. This is because you’re much more open and it’s easier to join a group of people if it’s just you. 3. More things will happen
When you’re by yourself, you have no one to consult at any time. This means you can go wherever you want, with whoever you want every single day. This in itself is ridiculously exhilarating. You can do this without disappointing or relying on anyone (who said being selfish is a bad thing?!). I have lost count of the amount of times I have met a great group of new friends who ask me to join them to a new town, country or day trip. Being able to say yes without a second thought every time has led to my most spontaneous adventures with people who I still keep in touch and travel with. 4. You will make real friends The friends you make will feel like they’ve been around forever. Why? Because you’re often living together in the same dorm, eating, and partying together, enabling a fast-track friendship to develop. Also, you don’t have the same level of comfort/laziness you do with friends from home, so naturally you open up to your new friends a lot more. You end up having your own unique and hilarious experiences together which most of the time friends from home would never partake or understand. Some of my closest friends are ones I met travelling, and they’re who I see again and again each time I’m away. 5. You will learn a lot about yourself This type of experience puts you out of our comfort zone. You are making all sorts of decisions you never knew existed, and quickly learn what you do and don’t like in the process. These are things that are usually compromised or quashed by pleasantries when travelling with friends. For me, I learnt how easy it was to strike up countless conversations with strangers without hesitation. I also learnt that I don’t like booking things in advance (maximum the day before), and would rather spend a week in a place to explore and sleep in, than to squeeze in the top ten sights in 2 days (after all it is a holiday). These things come with experience and the more you do it, the more you enjoy yourself and your trip with confidence. For more tips, check out my Facebook page ‘Adventures On A Budget’ ●
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A gym in Brooklyn, New York.
THE UNMENTIONED PROBLEMS WITH THE 21ST CENTURY’S GROWING FITNESS PHENOMENON Andrew Keeghan The unmentioned problems with the 21st century’s growing fitness phenomenon The explosion of the health and fitness industry in recent years could hardly have been anticipated generations ago. Since body-
‘[t]he exercise culture where rich white people page $200 per month for the privilege of lifting dangerously heavy iron weights.’ building catapulted into the mainstream in the 1970s thanks to Arnold et al., Western society has witnessed a gradual, and now seemingly exponential, growth in all things corporeal. In all likelihood, you’ve seen much of this already. It’s fitspiration. It’s the era of tribal tatts and absent shirts at music festivals. It’s the great question of modern times: Do you even lift bro? And it. Is. Everywhere. Ostensibly, this rising fitness fascination can be viewed as humans returning to our roots – rejecting our increasingly sedentary lifestyles in favour of the physical labour that is our biological destiny. At a basic level, it would be unfair to begrudge anyone on the path to their own physical and personal self-actualisation. However, it is the abnormality of modern fitness trends that should be cause for some concern. At what point does our obsession with perfection become unhealthy? Is it possible that we passed that
point some time ago? The fitness industry is a thriving market. For the first time ever, the fitness industry in 2013 became a billion dollar industry. The annual growth of the fitness industry in Australia from 2009 to 2014 is predicted to be 4.8% - a huge trend that speaks to deeper changes in the social environment beyond the gym. Even Crossfit is a thing now. Crossfit. The exercise culture where rich white people pay $200 per month for the privilege of failing to lift dangerously heavy iron weights. All of this occurs as traditional physical activities, primarily team or social sports, experience decreased participation. But why is this even worth worrying about? After all, shouldn’t we applaud people who take the initiative to better their physical health in the midst of an unprecedented obesity epidemic? Well, what strikes me as being ‘unhealthy’, in the broadest sense of the word, is this perceived social pressure for anyone and everyone to work out and become supreme physical specimen. Not every male will have 8 pack abdominals with a 29 inch waist and 52 inch chest. As the manifestation of this image, the subsequent explosion in steroid use as an ‘image enhancing’ drug is outright disturbing – and the 750% rise of steroid importation busts over the past decade is just one thing. The fact that 24 young men in NSW (yes, twenty-four) are reported in the Journal of Forensic Medicine as having ‘steroids’ in their blood at death is sickening. We know very few women will ever have legs particularly thin enough to have a ‘thigh gap’, yet despite this we still idealise and glorify the outrageously slim and busty Miranda Kerr and friends. Society’s obsession with critiquing the female body is nothing new – but one would have hoped that after all this time, we might have been taking more steps forward, not back. Granted, physical exercise isn’t always tailored towards fulfilling these images. But now more than ever, these extreme depictions of the human form are entering INCOMPLETE. Physical exercise can be hugely enjoyable and rewarding when done for the right reasons. That is something no one can deny. But in the age of an all pervasive media with many stories to sell, perhaps we have been sold the biggest lie of all – that the pursuit of happiness is just one more bicep curl away.
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FOR THE LOVE OF BEER So it’s Et Cetera Issue 2, and as Stifler said: ‘It’s on like Donkey Kong’! What hot topic have I been given this issue? Some have argued that it is the greatest topic that has ever arisen in the history of man; I would like to confess now that I subscribe to that view. So what could it be; what could be so all-inspiring? Well... BEER of course!! This article isn’t going to be like my others, I’m not going to run down each style of beer and describe exactly how delicious they are (however much I would like too!). This is going to brief, hilarious and above all, insightful. So what makes me so qualified to comment on such a pivotal and contentious topic? I guess for starters, I am a self-confessed beer lover (... does that make me an alcoholic?) and I have also worked at the largest liquor merchant in Australia for over 2 and a half years now. And yes, if you were wondering, I do get to try a product every time I go to work! As a starting point, let’s go through some terminology. So there is VB, aka ‘Green Demons’; Carlton Draught; aka ‘Twin Horses’ and Coronas, aka ‘cat piss’ (jokes... maybe). Moving on, beyond the conventional bottles being referred to as ‘stubbies’ and ‘long necks’, cans as ‘tinnies’, there is most incredibly, half a dozen, or otherwise known as ‘half-a-D’. My hat does have to go off to the bloke who, speaking fluent bogan, said to me: ‘Can I have half-a-D of Green Demon tinnies mate?’ To which I respectfully replied: ‘Bloody oath mate’, and
handed him his ‘Demons’. You might think I’m joking... I’m not! I am fluent in bogan (I assure you that it is a separate language!), coming from the South Eastern suburbs, aka the country, aka boganville; it’s a prerequisite to working in a ‘booze’ store. Time to address some beer myths and truths. Number 1: if you put beer in the fridge and then subsequently leave it out, will this affect the quality of the beer? Yes, but most of you rookies (joking) will NEVER be able to tell the difference (and people that say they do are generally full of it). Number 2: if the beer has been shaken up you ruin the beer? True. However, the amount of times I have literally chucked a slab across a room, IE sufficiently (I suppose) shaken the beer up, and no one has ever been able to tell the difference, probably makes this one a bit of a myth too. Last but not least; number 3: does beer taste better in a ‘tinnie’ or ‘stubbie’? Honestly this one baffles me. I’ve literally had conversations at length with various yobbos about whether their Green Demons are better in tinnies or stubbies. Apart from the fact that VB is only bearable once you’ve had at least 20 beers, it’s safe to say generally you will never taste the difference, especially if it’s a blind tasting. To put the issue to rest, I’m going to put my beer reputation on the line and say it generally tastes better out of the bottle. Lastly, because I feel like I have to impart some knowledge in this article, I will briefly outline some of my favourite beer styles and products. I must first confess that I am a lover of stout (you know… like Guinness) – I think you guys know where I’m going with this! BUT, I can be impartial here and give you some good suggestions. So it’s experiment time, go and try an ‘ale’. Golden ale (James Squire), Dark ale (White Rabbit), Pale ale (Bridge Road Brewers, Fat
Pefrection: a perfectly poured pint of beer.
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Yak or Little Creatures), Indian Pale Ale or IPA (Dundee), Amber ale (Mountain Goat); the choices are endless. Lagers. There are plenty of good ones too, give Knappstein for example a whirl; it’s delicious! Something international? One of my favorites is Chimay Grande Reserve, Leffe Radieuse, Kozel Dark or try Schofferhofer Hefewiezen. Looking to join the dark side…? (Yes that was totally a lame star wars joke!) Have a go at the 4 Pines stout. We’ve come to the end of this beer escapade. I feel like I speak for us both when I say it has been emotional. It’s not that I have run out of things to say (you might have realised by now that I could literally talk your ear off about beer), but I did want to keep this short and hilarious remember!? I hope it has been entertaining, informative and has inspired some sort of love of beer. If you still don’t feel an affection for what can only be the god of all drinks, go out and drink 20, drunk people love everything.●
FILM REVIEWS Legally Blonde and Fracture Editor Legally Blonde While we might not all begin our law journey by arriving at
Harvard equip with a tiny dog, a fluffy pink pen and the desire to marry a Warner, there are elements of this movie that all law students can relate to (yes, even the guys). The plot line isn’t super complicated; Elle Woods is a high school girl, who is pretty and popular, with the life ambitions of being a model and marrying her gorgeous rich boyfriend, Warner Huntington the Third. However, when Warner dumps her because she isn’t ‘smart enough for him’, she stops partying and in an effort to win him back she studies hard enough to be accepted into the same uni as him - Harvard law. This is the bit that I think most law students will take issue with, as we are depicted as boring, plain nerds who are super pretentious and completely unaccepting of people who are a bit different. And while no doubt we all have come across that douchebag guy who opens with the line: ‘Hi, I’m studying law, and yes, it is incredibly hard’, I would say most of us are a friendly, fun-loving bunch. Either way, over the course of her first year Elle learns that there is more to life than becoming a trophy wife, that law students are actually cool, and decides that just because a person is ridiculously good looking doesn’t mean they cant be smart too (a life lesson that I think all law students relate to). Though this isn’t the most thought provoking piece of cinema you’ll see, it is incredibly fun and one of the most quotable movies I’ve seen, making it an essential over exam procrastination time. Also, fun fact – it has been converted into a musical, featuring songs such as: ‘OMG’ and ‘Is he gay or European?’ Fracture
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LIFESTYLE In summary Ted (Anthony Hopkins) discovers that his wife is having an affair, and in a premeditated rage he shoots her and immediately confesses to the crime. Given the circumstances the district attorney (Ryan Gosling) considers it to be an open and shut case, until Ted represents himself court and gets off on a technicality. The rest of the movie is basically a battle of wits between the two protagonists, which is pretty good to watch considering both are good actors and one is incredibly hot (I’ll leave it to you to decide which one I’m referring to). While it does fall into the classic category of good vs evil, for what is essentially a murder mystery, Fracture is pretty intense and it drew me in. I feel that law students enjoy movies like this because not only do we understand the legal references, but we also tend to like robust dialogue and a mytery that we can solve before the main character does. Basically it makes us feel clever, and don’t know a better reason for giving up two hours of my life to watch TV.●
MUSIC REVIEW My Krazy Life by YG
minutes of unavoidable melodies, more than enough to have you rolling down your window, pulling back your chair and cruising like YG himself. The album features guest appearances from Drake, Lil Wayne, Kendrick Lamar, Nicki Minaj, Ty Dolla Sign, Jay Rock, Schoolboy Q, Young Jeezy, Meek Mill, TeeFlii and Rich Homie Quan, among others with production primarily handled by DJ Mustard, responsible also for producing Tyga’s “Rack City”, and 2 Chainz’ “I’m Different”. Together, the presence of other platinum rappers and DJ mustard form a strong combination, and the album does not fall short of anything but impressive. The album closes with “Sorry Momma” with terrace Martin on the saxophone reminiscent of 2Pac’s “Dear Mama”. An apology to his mother for his past life of petty crime and pledges to change it all now that their circumstances have drastically changed, his accumulation of wealth and the deterioration of his mother health. This song in particular balances the hard elements with the soft taking a break from the hardcore gangster rhetoric and taking the time to reflect on deeper issues. Debuting at second place in the Billboard 200 chart, and earning comparisons with The Chronic for its beats and good kid, m.A.A.d City for its cinematic storyline, My Krazy Life is an album not to be missed. WW
K.L 4 stars “My Krazy Life”, the name of YG’s first studio album kicks off to a fresh new start and is cinematically narrated almost like a story. The album opens with an introduction featuring his mother calling out to him, warning him to stay away from “them gangbangers”. With that, the album kicks off to a mock tale of YG’s life of gangbanging, shootouts, parties, home invasions, prison and sex through dope beats and meaningful lyrics. YG kicks off strong with the first song “BPT”, the echoing sirens eerily blaring and deep bass lines encapsulate the rest of the album that is to come, YG does a great job bringing fans back to the classic world of gangsta rap, rather than the diluted sub-genre over the last 5 years. Drawing on inspirations from rap legends, just as Biggie gave a list of rules for selling crack-cocaine with the “Ten Crack Commandments”, YG gives instructions on what to do during a home robbery in “Meet The Flockers”, featuring Tee Cee. Having released a few singles prior to the release, I doubt I need to introduce the creator of “my Nigga” which became top 20 and charted platinum and “Who do you love?” featuring Drake. YG’s iconic flow brings plenty to the table in My Krazy Life packing 45 20 | ET CETERA | 2014 | ISSUE 2
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STORY CORNER
A DAY IN THE LIFE OF AN INTELLECTUAL PROPERTY LAWYER AT K&L GATES Jacqui Pitt, Lawyer Intellectual property law encompasses a broad range of issues and actions, from copyright, patents and trade marks through to registered designs, licencing and confidential information. The facts of each case are unique, which means that no two days are alike! I’ll take you through just one of the many, varied days in the life of an IP lawyer: 8:30am K&L Gates is a global law firm with a thriving intellectual property practice around the world. Nowhere is this more apparent than when I arrive each morning and check my email – overnight, emails from our colleagues in the USA have been flying around regarding patent prosecution, best practice submissions to trade mark examiners, and the odd request for a recommendation of IP counsel in Belize. 9:30am Intellectual property disputes are typically litigated in the Federal Court of Australia, and today I am attending a directions hearing before the Chief Justice. Last month we received judgment in favour of our client in a large trade mark opposition case, which has been appealed to the Full Court. The Chief Justice advises the parties that a pending High Court decision may affect our case, and the parties agree that the appeal should be stood over until the High Court delivers its judgment. Intellectual property is a rapidly developing area of law, and it is common for cases we are prosecuting to involve novel legal arguments. 10:30am Back in the office, I’m standing in a partner’s office surrounded by fabric and clothing. K&L Gates acts for a number of fashion designers in a range of intellectual property matters, and we have been sent a range of sample garments from a client which suspects other manufacturers of copying its designs. We analyse the garments, and provide advice to our client regarding whether the design will attract copyright protection, and whether the sample garments appear to have taken a substantial part of the design that may infringe our client’s copyright. At the heart of disputes regarding copyright is a detailed evaluation of the individual original work (whether it is a literary, musical, artistic or dramatic work, or a recording or broadcast), and
the allegedly infringing work. Intellectual property lawyers assess these works, along with evidence regarding whether the alleged infringer had access to the original work, and often review expert evidence regarding the process of creating complex works and how to recognise the elements that make a work unique. 12:00pm After analysing the garments and documents received from our client, we discuss our assessment with our client. Our client instructs us to write to the alleged infringer and request that they cease selling the copied garments. This is the first step in an intellectual property dispute of this kind, and it’s early days yet – the dispute may settle quickly, or via a mediation between the parties, or our client may file an application in the Federal Court to protect its copyright. Working as an intellectual property lawyer requires acting for clients in all of those situations, whether as a negotiator or litigator, and provides fantastic variety. 3:00pm In the afternoon I accompany one of the partners to a meeting with the barristers we have briefed in a Federal Court matter regarding a patent that our client is alleged to have infringed. We discuss the legal research that I have done regarding two unusual aspects of the matter, and the cases that most persuasively support our argument. This is the part of my day that has required the most preparation so far, as I’m defending my findings under the razorsharp questioning of a QC! 5:00pm My last task of the day is to draft submissions to the Trade Mark Office. One of our pro bono clients has had their trade mark application rejected, and I have already drafted a declaration that they have sworn, containing all of the evidence of their use of the trade mark. Now I’m writing submissions to the Examiner to accompany the declaration, which set out our legal argument that the trade mark is distinctive. I’m sure that overnight the emails from our US colleagues will fly again, and we’ll receive new instructions from clients to set in motion another unusual day as an intellectual property lawyer ●
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STORY CORNER
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STORY CORNER
A DAY IN THE LIFE of a Tax Lawyer at Corrs Chambers Westgarth
Cate Smith, Lawyer First things first – some common misconceptions about tax lawyers need to be busted. Generally, tax lawyers don’t prepare tax returns. Nor do they spend all day working in excel or analysing financial statements. These services are typically performed by tax accountants. And lastly, tax law is far from dull, this equally applies to tax lawyers. Although tax law does attract a particular type of lawyer (more on that later). So what does a tax lawyer do? Tax lawyers provide clients with representation when dealing with the Australian Taxation Office (ATO) or state revenue authorities. However, tax lawyers do not exclusively practise tax litigation; they also provide advice on structuring and documenting business restructures and transactions, as well as overseeing business planning. Fortunately, Corrs Chambers Westgarth has both a tax advisory and tax controversy practice, which means lawyers in our tax team are able to gain both litigation and advisory experience. Since settling with the tax team in September 2013, I have been involved in tax litigation at both federal and state level, assisted large corporate clients with ATO audits and responding to information requests and prepared transfer pricing reports. I have also advised on a wide range of areas, including withholding tax, the tax consolidations regime, capital gains tax, fringe benefits tax, as well as state land tax, stamp duty and payroll tax. Because of the varied workload, a typical day for me may involve research, drafting advice, reviewing GST clauses in contracts, drafting witness statements, discussing strategy with counsel, and more research. In addition, tax lawyers are often exposed to more pro bono work than lawyers practicing in other areas. Since starting at Corrs, I have assisted several charitable organisations with their applications for deductible gift recipient status and tax concessions, as well as providing restructuring advice. This is in addition to being a secondee lawyer with the Homeless Persons’ Legal Clinic. For law students and lawyers who are beginning their careers, choosing a specialised area such as tax law can be off-putting. You may be apprehensive that choosing tax law will mean you will leave all other areas of law behind. However, I have found the op-
posite to be true; to be able to give sound tax advice, tax lawyers need to have a generalised knowledge of many areas of law, as well as an in-depth understanding of the underlying commercial basis for a transaction. My role in the tax practice of a large commercial law firm has provided me with the opportunity to work for a wide variety of clients across a range of industries, from assisting high net worth individuals in their interactions with the ATO, to construction firms tendering for major infrastructure projects and multinational technology companies expanding into Australia. Law students and graduates can also find the sheer amount of tax law to be challenging. I will admit the many volumes of federal tax legislation and seemingly endless supply of court and administrative tribunal decisions can be daunting for a junior lawyer, not to mention the numerous ATO public rulings and administrative statements. However, on the bright side, all these authorities provide ample research material that can be used when asked to advise on an obscure area of tax law. So what type of person is attracted to tax law? As I have probably made quite clear, you will need to love research because you are going to be doing a lot of it. INCOMP ●
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STORY CORNER
A DAY IN THE LIFE OF A LAWYER IN THE EQUITY AND CAPITAL MARKET PRACTICE GROUP OF HSF Andrew Earle, Graduate Lawyer Joining Herbert Smith Freehills My vacation clerkship was an enjoyable and memorable experience. It gave me an insight into the type of work I would be doing as a junior lawyer at a top-tier firm, the types of people I would be working with and the kinds of clients I would be working for. I was given a good deal of responsibility and was appropriately supported in all of my tasks. Importantly, I was made to feel like a valuable member of the team. I had a fantastic group of fellow vacation clerks with whom I got along with very well (and remain friends with today!) and could see myself working with in the future. Practice group specific training During our rotation in corporate, we completed the graduate training programme which included a number of corporate-specific training sessions. These training sessions were delivered by senior associates from the corporate group. Each session provided us with some of the core skills required to work in the corporate group, as well as an excellent introduction to the different types of work the corporate group does. Interaction with your partner and senior associate The partners and senior associates are all very keen to get juniors involved with their work. From our first day in the corporate group we had the opportunity to be involved in a number of matters. In some instances, we worked directly with a partner, while on larger transactions we worked with a partner and a number of senior associates and solicitors. We were also encouraged to liaise directly with clients. On some transactions, juniors have the responsibility of being the key contact for the client on a day-to-day basis. Working in equity capital markets The equity capital markets team specialises in transactions which provide an additional source of equity capital to companies. The ECM team advises both issuers (ie companies) and underwriters (ie the investment banks that financially back the transaction) on the most complex and innovative offerings of securities globally, including initial public offerings and the full range of secondary offerings including placements, rights issues, block trades and accelerated entitlement offerings. Having completed a commerce degree with an interest in ac-
counting and finance, this sort of work has appealed most to me. On a daily basis, we work with the accounting firms and investment banks. The legal work we do must always interact with the work of the accounting firms and investments banks and I really enjoy the exposure to both aspects. Also, I completed my vacation clerkship in the ECM group, so I was always keen to come back to the group a do a full rotation. A day in ECM Working in the corporate group generally, and especially the ECM team, exposes you to a very broad range of clients. No one corporate transaction is the same because each client operates in a different industry and has different objectives for their particular transaction. For example, I had the opportunity to concurrently work on transactions involving a transport company, a packaging company and a property trust. This means that there are always opportunities to learn new skills, and not always legal. Working with a range of clients means you learn a great deal about a range of industries. Juniors are also involved in business development activities which involves preparing pitches and tenders for potential new clients. We are also encouraged to attend client networking events. Further, there is usually an investment bank and one of the big four accounting firms working with you on the transaction. This gives corporate lawyers the opportunity to broaden their professional networks and perhaps use some other skills gained during their time at university. I have been involved in a variety of work during my rotation in the ECM team, including researching and advising on transaction structuring issues, completing due diligence for an IPO or sale of a business, verification of offer documents, preparing applications to ASIC and ASX, preparing board and committee materials and assisting with drafting other legal documentation. Specifically, we worked on a the initial public offering of Pact Group Holdings Ltd (the biggest IPO in the Australian market in 2013). The Pact Group transaction involved an offering of shares in Australia and the United States which made it particularly novel in the Australian market ●
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STORY CORNER
A LEO CUSSEN GRADUATE SHARES THEIR STORY
Aaron Peppin, Lawyer I chose Leo Cussen for its reputation amongst the profession as a supportive and interactive environment where students can build upon and develop the skills necessary to make a successful transition from university student to professional, without the stresses of six-minute time increments, demanding clients and long hours. Right from the start, I was exposed to the day-to-day tasks of a legal practitioner. From establishing and maintaining my own trust and office accounts, to preparing and lodging applications with a working registry and making appearances in various courts and tribunals, I was given hands-on, practical experience and challenged to produce my best. Added to this was the opportunity to learn from and network with some of Melbourne’s most respected legal professionals. The highlight of the course for me was an appearance in the Federal Magistrates’ Court before the Honourable John Wilczek (former Justice of the Family Court of Australia)! The Current Matter program, designed to provide a simulated experience of handling your own files, also allowed me to develop the essential skills of letter writing, client interviewing, drafting and costing. For example, the Magistrates’ Court Current Matter began with receiving initial instructions from a client, filing a complaint with the court, negotiating with a fellow trainee as my opposing party, drawing a deed of settlement, and finishing with a final letter and bill of costs. This work was supervised by a mentor, also a practising member of the legal profession, who was responsible for approving my work, providing constructive feedback and monitoring my progress through the course. The 3 week placement component at the end of the course was a further opportunity to apply the skills I had learned. I quickly learned that my time at Leo Cussen had thoroughly equipped me for practice, as I was handed a civil enforcement file, and asked to advise on the appropriate course of action and draw up the necessary documents. As we had covered this topic not two weeks prior, I knew the appropriate course was to prepare a Summons for Oral Examination. The skills I had refined during the course eventually paid off, as about 4 weeks after my placement had finished I was called by the firm and offered a full-time position. I would have no hesitation in recommending the PTC course to
law graduates looking for a way to consolidate their skills and prepare for their first job in the legal profession in a supportive, handson and challenging learning environment. ●
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STORY CORNER SECTION TITLE
REAL ESTATE AT ALLENS
Jonathon Hoe, Lawyer We all remember being told at university that working in a particular area of law is very different to studying the subject. There is perhaps no better example of this than property law. A career in property law involves much more than answering hypotheticals about the Torrens system, easements, or determining whether something is a chattel or a fixture. Working in property law offers the opportunity to work in a dynamic environment, experience a diverse range of work, and to develop the ability to find practical solutions to complex legal problems. As a junior lawyer in the Real Estate and Environment & Planning group at Allens, you will experience a comprehensive range of legal work, including: • acting for clients in the purchase or sale of commercial and industrial properties; • acting for large developers and investors on commercial, residential and industrial developments; • undertaking property due diligence as part of large property and M&A transactions; • acting for landlords and tenants in leasing transactions; • advising clients about environmental issues affecting land; • assisting clients in relation to planning approvals or disputes; and • providing legal and commercial advice on a range of property related issues.
transaction. Rather than working on one large matter at a time, you will find yourself working on a number of matters, ranging from advising a client about the lease of their commercial property, to being part of a large team undertaking the legal due diligence for a multi-million dollar M&A transaction. Another highlight of completing a rotation in Real Estate is the opportunity to interact directly with clients from the outset. As a graduate, you will deal directly with clients and other lawyers on a daily basis. As property matters can be much smaller, you will find yourself working directly with a Partner or Senior Associate, and will likely be responsible for the day-to-day management of the matter. The opportunity to have client contact and real responsibilities from the beginning of your career is extremely rewarding and will be invaluable to your development as a lawyer. A rotation through Real Estate will also help you to build your commercial awareness and practical thinking. As property is an integral part of many of our clients’ businesses, clients require practical and commercial advice. In addition to developing your technical legal skills, gaining experience in the Real Estate group will assist you to improve your understanding about how clients’ businesses operate, and how the advice lawyers provide to clients can impact the commercial decisions of their business. If you would like responsibility from the outset, are keen to gain exposure to a diverse range of work, and enjoy finding practical solutions to problems, a rotation through Real Estate is something you should strongly consider ●
The type of clients that you will have the opportunity to act for will include commercial developers, major corporations, property investment trusts, and local, state and federal governments. In the Real Estate group at Allens, you will act for a diverse range of clients such as Mirvac, Grocon, Woolworths and the Victorian Government. The best part about being a junior lawyer in the Real Estate group is the variety of work that you will experience. On any given day you could find yourself drafting and negotiating a lease, attending a settlement, advising a client about their rights under a development agreement, attending a client meeting, or undertaking research to resolve a complex legal issue affecting a property 27 | ET CETERA | 2014 | ISSUE 2
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STORY CORNER SECTION TITLE
COMMERCIAL AND REGULATORY PRACTICE AT MINTER ELLISON Paul Kallenbach, Partner I’ve always been a technology enthusiast. But when I started my University education, I had no idea that this interest in technology would lead me into an interesting and rewarding career in law. After a year of studying actuarial science, I realised that a career in statistics and applied mathematics was not for me. I enrolled in law, and within a few weeks knew I’d made the right choice – language, semantics and complex legal concepts held far more interest for me than life insurance tables and standard deviations.
through hands-on experience. And as your experience and knowledge grows, so will the complexity of the issues you get to consider. Of course Minter Ellison has more to offer than its great work. The firm truly values and invests in its culture, providing plenty of opportunities to get involved in social, sporting, charitable and cultural events. In my time here I’ve mentored high school students, undertaken pro bono work for a range of not-for-profit organisations, and had the opportunity to interact with and advise people from all walks of business life ●
Over the course of my law degree, my interest in technology influenced my studies. After hearing from the student grapevine that Minter Ellison had a very positive culture, I applied for and accepted a clerkship in the technology group (this at a time when the ‘technology’ at the firm did not yet include email!). Accepting a job offer from Minter Ellison at the end of my degree was an easy choice. But when an opportunity arose three years later to join some others in starting a software company from scratch, I left the firm to get some practical experience on the other side of the table. While this company is still going (and growing), I realised that my interest and passion lay in the practice of law, and returned to the firm. As a partner in Minter Ellison’s technology group, my work is a specialised form of contract law with a strong focus on intellectual property law and commercialisation. Technology, by its very nature, changes quickly. Consequently, the work that comes across my desk is varied, and crosses almost every industry and type of organisation. The great thing about this area is that the challenge is never the same: sometimes a client is creating an app or launching a website, and other times it is buying several or hundreds of million dollars’ worth of business-critical core IT infrastructure or services. While an interest in technology and an understanding of contract law is key, skills such as contract drafting and coming up with practical solutions to meet your client’s commercial needs are learnt 29 | ET CETERA | 2014 | ISSUE 2
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A DAY IN THE LIFE OF AN EMPLOYMENT LAWYER AT AT THOMSON GEER Bec Mouy, Employment/Workplace Relations Lawyer I had never contemplated practising in employment and workplace relations before I came to Thomson Geer. I didn’t study any employment law subjects at university and had no experience in a workplace relations practice group before joining the firm. So when I landed in the employment and workplace relations group in my first rotation in my graduate year, I had no idea what to expect. As it turns out, employment law is a fascinating and complex area to work in. It pulls in a lot of different areas of law including discrimination law, contract law, privacy law, administrative law and conflicts law. One of the biggest attractions of this area is the opportunity to do both dispute and advice work. I had always visualised practice areas as being one or the other, but the combination of both allows me the opportunity to develop litigation and advice skills. It also varies the pace of my work. This area of the law is constantly evolving, in part because industrial policy is often a key focus in any change of government, but also because there is an enormous body of case law generated by the Fair Work Commission and the Federal Courts in industrial and employment law. As a result the law is developing all the time. Another enjoyable part of working in employment law is that at the heart of every matter I work on there’s an element of people. It’s also nice to work in an area where I get to develop an understanding of something that impacts everyone; employment is something that most people engage with at one point or another in their lives. Thomson Geer has a strong employment and workplace relations team that practices in employment law, industrial relations and occupational health and safety. The Partners are recognised as leaders in the field and they act for a range of large companies. The industrial relations side involves things like negotiating enterprise agreements and advising on industrial action. On the employment side, common matters that arise are breach of contract and dealing with unfair dismissal applications. Working on occupational health and safety matters can involve defending WorkSafe prosecutions. The opportunities that I’ve had so far have exceeded my expectations of what I would do at this stage of my career. During my graduate rotation in this group, I instructed in the Supreme Court
in an urgent injunction application to restrain a former employee from using confidential information of our client. Recently I instructed in the Fair Work Commission on a complex unfair dismissal application. I’ve also worked on advices to clients on aspects of legislation relevant to our area of practice. Advice work, I’ve discovered, is the best way for me to develop the skill of articulating an answer to a question asked by a client. I think there’s a tendency to expect when you leave university that the answer to a question is the legal answer that is in the legislation or the cases. In practice what I’ve found is that the real challenge is to provide the client with a clear course of action as a result of the legal position. I always thought it was a little condescending when I was told “you might enjoy something that you’ve never considered before”, but my experience has shown it to be true. In my mind there’s two reasons for that. First, you’ll never know what an area of practice is until you’ve experienced it. Second, whether you enjoy your work and feel challenged by it comes down to the opportunities you are given to learn - and that is entirely dependent on the people that you work with and the type of work that you are exposed to. I wish you all the best throughout the application process.●
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STORY CORNER SECTION TITLE
A DAY IN THE LIFE OF A LECTURER
Associate Professor Jane O’Callaghan
Associate Professor Jane O’Callaghan What are your teaching/research interests? I love teaching generally! I am so honoured to be able to work with and assist students in developing their understanding of the law. My interest in studying and pursuing the law is based on a passion for social justice. So in terms of teaching interests, I love teaching subjects with a social justice bent, for example administrative law, corporations law, human rights law, international law, etc. My aim is to get students engaged and thinking about the purpose of law and the impact of laws in social justice terms. I have the best job because I love research too! For this part of my job I get to indulge my inner introvert and sit in my study endlessly reading and writing about the things I’m really interested in – human rights, education, asylum seekers… These days this reading is primarily focused on my PhD research, which seeks to answer the question of whether a human rights based approach would be the preferable approach to take to higher education law / policy. Alas, the government doesn’t seem to want to wait for my answer. When I was a child I wanted to be.... I’m not sure why, but I really wanted to be an actress. Strange, because I was actually a very shy child. What is your proudest moment in the law? There have been many in both law and teaching. As a lawyer, I drafted the contracts for the Make Poverty History Concert held back in the early 2000’s. I also did some work for a famous athlete who I really look up to, and was SO excited when I got to meet her. As a teacher, what makes me really proud is the amazing accomplishments of my students. I like to pretend that I might have had some little input into the incredible things they achieve. In relation to an assignment or exam - what do you look for in a HD response/submission?
through the use of marking rubrics. There really is no secret. Here are the key things I look for: Depth of thought and understanding. This is the main thing for me. An HD response demonstrates that that person really understands the law and how it operates. Usually, such understanding can only come through time and effort. In a research paper context this often extends to creativity in terms of suggesting alternative ways of looking at something or potential law reforms. Knowledge of the law – I hesitate to state it in these terms because I am vehemently opposed to the ‘banking’ approach to teaching whereby the teacher simply hands over content and rewards students that can regurgitate that content. At the same time, it is important that a law student demonstrates that they know what the relevant laws are, and where the assessment is a researchbased assessment, that they have read widely. The ability to present a strong argument. This is the foundational skill of a lawyer. In its simplest sense, an argument can be presented using the IRAC method that we teach you – this is the legal issue, here are the rules, this is how they apply and as a result this is the legal outcome. Attention to detail and following instructions. This is a basic thing and yet it is scary how few actually achieve it. Spelling and grammar must be correct; the AGLC must be adhered to; the assignment instructions must be followed. While it may seem pedantic, this is an important lesson for your future working life, especially if you want to be a lawyer. What is your favourite cafe? That’s easy, Santucci’s on Burwood Highway. They make the best coffee / chai tea, have great food and the staff are awesome. They also happen to be opposite my favourite clothes shop. 6. What is your favourite TV show? Easy again, my husband and I are working our way through The West Wing. It is awesome! And such a great reminder of some bad 90’s trends. It’s so good sometimes our dog Ted breaks from his sleep on the couch and watches too.●
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ANTICS
ANTICS
Your Society’s Committee Profiles
JAS MANPOTRA MICHAEL CASTRICUM
JOSH BALDACCHINO
Vice President (Activities)
Vice President (Careers - Industry)
Vice President (Education)
RESPONSIBILITY
RESPONSIBILITY
RESPONSIBILITY
Planning and throwing kick-ass parties and social events for students
I am responsible for raising awareness of the abundance of career opportunities available to law students, beyond that of traditional commercial law firms
Ensuring students are well-informed and up-to-date regarding the LLB program and options open to them at Deakin
COURSE
COURSE
Law/ Commerce
Law/International Studies
SCHOOL
SCHOOL
Caulfield Grammar School
McKinnon Secondary College
FAVOURITE DESTINATION
FAVOURITE DESTINATION
Netherlands
Spiti Valley, Himachal Pradesh, India
FAVOURITE FOOD
FAVOURITE FOOD
Peking Duck
Soft-shell crab from Nobu, Southbank
BEST LAW JOKE
BEST LAW JOKE
‘if the owner of a ski resort set up warning signs at every place where someone who failed to take reasonable care might suffer harm, the greatest risk associated with downhill skiing would be that of being impaled on a warning sign’
NCIS having any legal basis behind it
COURSE
Law/Science SCHOOL
Melbourne High School FAVOURITE DESTINATION
Palau Islands FAVOURITE FOOD
Kebabs BEST LAW JOKE
As the lawyer awoke from surgery, he asked, “Why are all the blinds drawn?” The nurse answered, “There’s a fire across the street, and we didn’t want you to think you had died.” IF A MOVIE WAS BEING MADE OF YOUR LIFE AND YOU COULD CHOOSE THE ACTOR/ACTRESS TO PLAY YOU, WHO WOULD YOU CHOOSE?
Tom Hardy - the only one that could grow a beard that comes close to competing with mine
IF A MOVIE WAS BEING MADE OF YOUR LIFE AND YOU COULD CHOOSE THE ACTOR/ACTRESS TO PLAY YOU, WHO WOULD YOU CHOOSE?
IF A MOVIE WAS BEING MADE OF YOUR LIFE AND YOU COULD CHOOSE THE ACTOR/ACTRESS TO PLAY YOU, WHO WOULD YOU CHOOSE?
Kevin Spacey
Taylor Lautner 34 | ET CETERA | 2014 | ISSUE 2
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ANTICS
RHIAN SOEDARSONO
JONO PHAM
SHAI SOMMER
Vice President (Competitions)
Vice President (Careers - Commercial)
Immediate Past President
RESPONSIBILITY
To organise, run, and manage all DLSS Competitions throughout the year COURSE
Law/ International Studies SCHOOL
Melbourne Girls’ College FAVOURITE DESTINATION
The beautiful island of Java FAVOURITE FOOD
Jamie Oliver’s Spaghetti Bolognese BEST LAW JOKE
Q: What’s the difference between an accountant and a lawyer? A: Accountants know they’re boring. IF A MOVIE WAS BEING MADE OF YOUR LIFE AND YOU COULD CHOOSE THE ACTOR/ACTRESS TO PLAY YOU, WHO WOULD YOU CHOOSE?
Jennifer Lawrence...ooh yeah!
RESPONSIBILITY RESPONSIBILITY
Helping facilitate Deakin law students’ greater understanding of commercial careers pathways COURSE
Law SCHOOL
Brighton Gramamr School FAVOURITE DESTINATION
Tokyo, Japan
Help the current president and make lots of toasted cheese sandwiches COURSE
Law/Commerce SCHOOL
Bialik College FAVOURITE DESTINATION
New York, New York FAVOURITE FOOD
FAVOURITE FOOD
Chicken Schnitzel
Mixed Souvlaki - so versatile for any occasion!
BEST LAW JOKE
The trouble with the legal profession is that 90% of lawyers give the rest a bad name
Q: How many lawyers does it take to screw in a light bulb? A: Three, One to climb the ladder. One to shake it. And one to sue the ladder company.
IF A MOVIE WAS BEING MADE OF YOUR LIFE AND YOU COULD CHOOSE THE ACTOR/ACTRESS TO PLAY YOU, WHO WOULD YOU CHOOSE? Scarlett
IF A MOVIE WAS BEING MADE OF YOUR LIFE AND YOU COULD CHOOSE THE ACTOR/ACTRESS TO PLAY YOU, WHO WOULD YOU CHOOSE?
Johansson, but she’d need to work on being sexier to do the role justice
Steve Carrell
BEST LAW JOKE
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HELP!
HOW TO PULL AN ALLNIGHTER Editor Every semester starts the same way; the week before uni starts you’re thinking ‘not only am I going to smash this semester out of the park, but ill bring up my average, do 27 extra-curricular activities, get legal work experience and in my spare time save puppies from burning buildings.’ Then without realizing, it’s the middle of week 5, you have a research assignment due in 4 days that’s based on a 9845784 page case, and a ‘hint’ that all the dissenting judgments are crucial. For me, its at this point that panic Alex comes out; there’s a lot of cursing past decision making and time spent thinking of outrageous ways to get an extension (e.g. if I stab this pen into my right hand, the lecturer surely has to grant me 3 more days…right?) When the realization hits that you need a functional right hand for more than typing, the only option you left is to sit down and pump out a half decent essay in less than 12 hours. As a final year student, with lots of experience in leaving everything until the last possible moment, I have compiled some tips I have learnt over the years in the hope that others can learn from my mistakes. 1. Preparation. If you’re about to put in a marathon effort, you need filling food that can be put together in minimal time. This is literally why Mi Goreng was invented. Sugar is also going to be your friend, so get up close and personal with your good pals Allens, and the All Natural Co. 2. Regular breaks. Your concentration will start to go faster over the course of the night, so plan breaks accordingly. Also, get up and about in your 15 min off – tidy your room, have a shower, do your eyebrows – just anything just to get you moving. (I find that this strategy may not help the rest of the people in my household get a great nights sleep, but at this point, I feel like my family can take one for the team).
adrenaline keeps me going anyway so caffeine is pretty much wasted on me. 4. Turn off your phone, and cut yourself off from Facebook. While it may feel like your essay efforts are comparable in epicness to the latest Game of Thrones episode, they are not. Don’t be that guy with the continual updates on word count; no one likes that guy. 5.
Double click, right click, synonyms. Need I say more.
6. Just get words on the page. As a law student you will be all too familiar with the sinking feeling of self doubt, and while this can sometimes be motivating, now is not the time to ponder over the correct use of a semi-colon. 7. The counter point to number 5 is to always give yourself 15min at the end to read over your work. If you can do this in the morning after some sleep, it’s even better. While your 4am self may have thought your 237 word sentence was both eloquent and cohesive, you need to punctuate that!! Just for the record, there will always be those people who advise to get everything done 4 weeks early just to be safe. I have never been one of those people; and while I might have put myself through more stress and panic over the years, I not only have faith in my ability to perform last minute miracles, but also know that the wave of relief as you click that submit button is one the best feeling ever●
3. Hydration - Rookies will tell you that red bull is the way to go. However, the age old rule of what goes up must come down applies here; keep hydrated with water, and limit yourself to strategic coffees. By the time youre hitting 3am-ish, I usually find panic/ 36 | ET CETERA | 2014 | ISSUE 2
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HELP!
LOST IN LOVE ‘To the lovely man I met at Caffeine today, time will always fly, but our love will never die. Keep in touch and remember me.’
‘I didn’t know lectures could be so interesting until you decided to sit up the front perfectly in my line of sight ;)’
‘Short cute guy that’s always up next to B building, what course do you do? I’ll transfer right now’
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HELP!
‘You might ask too many questions, you might be slightly very extremely loud. But oh my god, can I buy you a coffee?’
‘5pm every Friday upstairs in the library? Yeah, I see you every week. Wish I had the courage to come up to you..’
‘To the girl who always sits at the back of the Criminal Procedure Lecture, you must be tired because you have been running through my mind all day long!.’
Feel like you’ve been stalked or maybe you’re just lost in love? Email your submissions to vpcommunications@deakinlss.org to use this space to find the love you’re so deperately searching for.
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SECTION TITLE
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