Acknowledgements The Jurist is published four times a year by the Flinders Law Students’ Association. FLSA is a volunteer, not-for-profit student association, and the peak representative body for Flinders University law students. We welcome student and staff contributions on any subject. Contact us at publications@flsa.org.au.
FLSA
Flinders Law Students’ Association
Editors Simon Collinson Laura Dowling Jessica Kamleh Annabel Krantz Sponsorship
Kylee Moretti
Cover Photo Marc Tan goodmorningkids.wordpress.com Printing Adelaide Copy www.aar.com.au
Clear Thinking
Editorial
Contents
Simon Collinson As the clouds of winter part and the morning frosts recede, The Jurist is pleased to bring you our first ever ‘demystification’ issue, sponsored by Finlaysons. Please do not apply to your windscreen. This term, our aim is to resolve the multitudinous concerns and confusions to which students fall prey. Do you have questions about how to get your career started, what it’s like to work in the country, or how to become a partner at Finlaysons? See pages 19, 33, and 22. The High Court’s recent decision on the Malaysian refugee swap? Page 41. Do you want to know more about our High Court Justices, even if just their nicknames? We direct you to page 14. (Read carefully – there’s a quiz on page 37). Do you want to know what Australia is doing to protect human rights? See page 35. This heavy intellectual fare may leave you in need of some light relief, to which end we include an apple turnover recipe on page 42. Of course, our vindaloo-strength dot-to-dot returns on page 39, and you will find four chewy sudoku puzzles on page 40. Legal luminary Elle Woods is inducted to our Hall of Fame on page 38. The holiday exploits of some rather industrious students (and one or two semi-professional mooters) at ALSA are recounted on page 9. Finally, you may be interested to learn which of our staff members wrote the deliciously-titled poem, Maggots in the Snow, featured on page 12. The editors have recently been alerted to the existence of ‘the internet’, a series of tubes through which our humble journal may be more widely distributed; so we are delighted to inform you that The Jurist is now available in PDF format at www.flsa.org.au. As always, we invite learned gentlemen and –women to submit articles, reviews, letters – and other forms of which we are ignorant – to publications@flsa.org.au for general edification. Yours in perspicuity,
Simon Collinson Editor-in-Chief
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Regulars Editorial Letters to the Editor President’s Message Portfolio Update Portfolio Update ALSA Photos ALSA Report
. 2 4 5 6 7 7 9
UniBooks Creative Legal Writing Competition Honourable Mention Honourable Mention
. . 12 13
Features Know Your Bench How to Know What Employers Want Law School: What I’ve Learnt My Story How to Score that Dream International Job Everything You Need to Know About Applying for a Job How to Improve Your Job Prospects Make Nuclear Weapons the Target How to Impress in your Interview Is it the size, or the way you use it? Life After Law Current Issues in Law: Human Rights Hone Your Skills with the CELC
. 14 19 20 22 23 25 . 28 30 32 33 34 35 36
Diversions Know Your Bench: The Quiz Hall of Fame: Elle Woods Dot-to-Dot Sudoku Page The Malaysian refugee deal: what went wrong? Recipe: Apple Turnovers Know Your Bench: Quiz Answers Our Sponsors
. 37 38 39 40 41 42 43 44
Simon Collinson Celia Le Competitions Activities Alyssa Sallis
Maggots in the Snow, by Rhain Buth At the Northwinds, by Rhain Buth Annabel Krantz, with thanks to Ben Trainor David Worswick Fiona Brady, Insurance Partner at Finlaysons Heath McCallum
Chris Kwong Homer Simpson Josh Zwar Associate Professor Tina Dolgopol
Annabel Krantz Laura Dowling Jess Kamleh Jess Kamleh Annabel Krantz
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Letters to the Editor
President’s Message Celia Le
Sir –
Yo Edita wats happenin’?
It has come to my attention that FLSA will again be running a full range of competitions throughout second semester. I am writing to warn potential entrants that these competitions are rigged and should be avoided at all costs. I entered the Client Interviewing Competition last year and conducted my interview brilliantly, yet was heavily criticised by both the judges and the client. I mean come on, is it really so wrong to conclude an interview with a client who has been sexually abused with the question “Are you single?”?!
Me and my guuurls we be at the pub crawl, and we gots to say you boys gotta get yoselves in shape! I mean we be fine, so if y’all wanna roll with us you got to get yoselves some abs! Get a booty on y’all like Usher you know what I’m sayin’?! Coz if y’all wanna be my man y’all gotta please a woman of taste. And if you ain’t gonna be fine, you ain’t gonna be mine! Don’t make me get physical wid chu! Tamishaniqua
Yours in immense frustration, Larry from the Parklands
Sir – My name is Mobutu, and I am writing from the small Ecuadorian village of Amabata where my family and I live. For centuries the people of my village have survived by exporting what little stocks we have from our humble coffee plantation. But recently demand upon our crop has become too much, stemming not just from your University, but the immense, gouging needs of a single being. Legend has it that this creature is so consumed by caffeine that it has the heartbeat of a hummingbird, is impossible to kill and never sleeps. So please, I beg of you, stop drinking such unreasonable amounts of coffee Rhain Buth! You are pillaging my people of their crops and we can no longer live at the mercy of such a caffeine fuelled monster! Yours in perpetual fear, Mobutu.
Have something to say? Write to us at: publications@flsa.org.au
Welcome to Semester 2 and the third edition of the Jurist for 2011! We hope you enjoyed the July break and have returned to classes as enthusiastic and energised as ever. Coincidental to this edition’s theme, demystification, I recently stumbled across some interesting statistics. An article in the August edition of Lawyers Weekly caught my eye. Titled, ‘Experience trumps education,’ the article cites the Kelly Global Workforce Index and says, 86 per cent of Australian employees believe experience trumps education, with just 12 per cent citing education as the key driver behind their career development.
A law degree is essential to building the core skills of a legal practitioner. Law School builds and nurtures our young legal minds. However, does the completion of a law and legal practice degree merely enable graduates to meet the minimum eligibility requirement for a graduate position? Putting aside the brilliant students, who get First Class Honours and go on to study at Harvard or Oxford and obtain employment at top tier firms, one has to ask whether there is still a place in legal practice for the belowaverage student who has never completed a day of work experience beyond their PLT Placement. One of the key messages to take away from this year’s Careers Fair was certainly that work experience would be considered as compensation where a student did not excel academically. But, what of the student who attempts and fails to obtain even a volunteer position? It may not be the end of the line! It seems that the value of work experience is not only confined to legal industry experience. In opening the Careers Fair, the Honourable Justice Kourakis referred to the criteria that his Honour considers in choosing a judge’s associate. He stressed the point that work experience outside of the legal sector is of equally great importance. In my discussions with partners at various firms in Adelaide, I have come to the realisation that what
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is considered an average student today was a good student previously. There are partners at many of the firms we hope to work for who have in fact failed topics (and in some cases, multiple times). One practitioner who asked to remain anonymous said that he would have been considered ‘average’ by virtue of his Grade Point Average, and accordingly found it tragic that today ‘average’ students are being denied the opportunity to prove themselves in the workplace. Our profession is rife with competition, forcing law graduates to find new ways of setting themselves apart from their peers. While it seems the pressure is on to find legal sector experience, casual work at a department store, fish and chip shop, or the like should not be considered inferior. Many of the qualities that employers value, such as communication skills and the ability to work collaboratively, may be demonstrated through your employment at the local supermarket or cafe. On a lighter note, if you are in need of a break from the pressures of work and study, I hope to see you at the “Flinders’ Law Students Do It With Appeal” pub-crawl, SALSC Tri-Varsity Law Dinner (with special guest speaker the Honourable Chief Justice French of the High Court of Australia), Quiz Night and Movie Night. Best wishes, Celia Le President
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Portfolio Update
Portfolio Update
Competitions
Activities
The competitions calendar for Semester Two has started rolling, with the preliminary rounds of most competitions currently underway. With a successful Semester One behind us, we are playing host to five of our eight major competitions in the coming weeks, including: – The Kelly & Co. Lawyers First Year Moot, – The Lipman Karas Negotiation, – The Cowell Clarke Client Interview, – The Constitutional Law Moot, and – The International Humanitarian Law Moot. The competitions offered in semester two give students the opportunity to test out their nonlitigation based legal skills and try their hand at the staples that form legal practice, including conducting first interviews with clients and negotiating highlevel settlements and contract deals between parties. With the success of the Flinders team – who ranked 4th in the country – the negotiation competition is set to be a fight for the top. We welcome back Lipman Karas as sponsors of the negotiation competition, and welcome new sponsors Cowell Clarke to our Client Interview competition for this semester.
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With the continuing support of our major sponsor Kelly & Co. Lawyers, the second semester is also the perfect opportunity for first year students to dive head first into competitions. Through the First Year Moot competition, our new students will be pitted against one another to settle principles of law in the Moot Court, ranging from criminal to tort. We are also conducting the Constitutional Law Moot, with the winners being given the opportunity to represent Flinders University in Canberra at the national Sir Harry Gibbs Constitutional Law Moot competition in October. The grand finals for all competitions except the Constitutional Law Moot are set to be held in week 12. We encourage all law students to get behind the competitors and come along, so keep an eye out for more details, or email us at competitions@flsa.org.au. Good luck competitors!
Get excited, nubile young lawyers of tomorrow! This semester’s pub crawl theme is ‘Flinders’ Law Students Do it With Appeal’. The plan is to paint the town red with our ever-sexy pub crawl shirts, and show everyone how a pub crawl is really done. We will also keep the sexiness under control, and keep our shirts on. The Activities Team also has a few more events up our collective sleeve this semester. As law students, we love showing off how much we know, and so we’re organising a healthy outlet for all this knowledge in the form of a Quiz Night! This will be at the Old Exchange, on the 12th of October, with plenty of drink specials, so keep your Facebook eyes peeled!
On September 24th, during the mid-semester break, SALSC is also holding the annual Tri-Varsity Law Dinner. With the Honourable Chief Justice French speaking (for real this time, we promise!), everyone will be looking their black tie best. Tickets are available at salsc.iwannaticket.com.au. A movie night is also in the works – two movies for one low (yet to be determined) price. Food and drinks are provided and BYO will be available! It will be at the Richmond theaterette, so keep the 27th of October free!
ALSA Photos
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ALSA Photos
ALSA Report Alyssa Sallis Soon after the end of a stressful semester of competitions, assignments, and exams, there was a group of Flinders Law School students who opted out of trips to the Sunshine Coast or the beaches of Europe and instead travelled together to Sydney for a hard week of competitive mooting, negotiating, and interviewing at the 2011 ALSA Conference. The ALSA Conference is an opportunity for Australasian law studentsto come together and meet like-minded peers while also taking part in a wide range of competitions including Negotiation, Client Interviewing, Witness Examination, Paper Presentation, the International Humanitarian Law Moot, and the Championship Moot. The Flinders University teams had been selected from the winners of the FLSA Competitions organised over the 20102011 year. The 2011 ALSA Conference was a fantastic success for Flinders University.There was an outstanding performance by Jemma Arman, who progressed through to the grand final of the Paper Presentation Competition and won against competitors from a number of prestigious universities, including the University of Melbourne, the University of New South Wales, and the University of Technology Sydney. Her presentation on the argument for selfdetermination of West Papua was both refreshing and inspiring, and it captured the interest of the diverse judging panel and the audience. The Negotiation team, comprising of Poppy Matters and Kylee Moretti, achieved a spot in the semi-finals after an amazing performance against the University of Newcastle in the quarter-finals. After a long week of negotiating, the girls faced the University of New South Wales in the semi-finals and narrowly missed a spot in the grand final. Well done Poppy and Kylee! The Flinders University Championship Moot team argued torts cases on whether the game of Frisbee could constitute dangerous activity, and corporate
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law disputes on misleading and deceptive conduct in relation to clauses within a contract. It was a fantastic experience for the team, consisting of Rachel Wang, Jordan Gifford-Moore, and me, as we competed before very interactive and persistent judges. The International Humanitarian Law Moot team, Katrina Hartman and Michael Swanson, competed very strongly and represented the Flinders delegation to a very high standard, as they have at previous ALSA conferences. They mooted the use of a nuclear weapon on a military base that resulted in civilian casualties. And finally, the Flinders Client Interviewing team of Bridget Laffy and Hannah Beard did an outstanding job representing Flinders University and practicing skills that will be very important for their future careers as lawyers. While the ALSA Conference was on one front all about competition and university spirit, those who did not progress through finals were able to let their hair down on the Sunday night, once the preliminary rounds were over. We soaked up the sun and saw the sights of Sydney, including Manly beach, the Art Gallery of New South Wales, Darling Harbour, and Circular Quay. Some of the Flinders delegation even made the effort to visit the offices of their favourite MPs. After an eventful week of competitions, parties, and tourist activities, it all came to an end at the closing gala on the Thursday night. It was an amazing experience for everyone, and well worth the stress for competitors. On behalf of the Flinders team, I would like to thank FLSA and the Flinders Law School for providing these opportunities for students. I highly recommend entering competitions and aiming to compete at ALSA, as it is an experience unlike anything else.
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FLSA Merchandise! Want to invest in the closest thing to a university uniform?
Buy a Flinders University t-shirt or hoodie!
Hoodies T-shirts
$45 FLSA members | $50 non-members $15 FLSA Members | $20 non-members
Available from the FLSA office (LWCM 2.51) 11am–2pm daily!
UniBooks Creative Legal Writing Competition Honourable Mention: Maggots in the Snow, by Rhain Buth
Maggots in the frozen pond Learning how to swim Hiding under sheets of ice They peel away their skin These maggots in the snow You come at me with axes, laughing at my tears Your rise up from that frozen pond feeding on my fears You call upon your friends to stalk me til I’m dead But how do they keep living once I’ve severed all their heads. Don’t chase me in the dead of night, home is miles away Don’t tell your friends to thrash me I’ve crumpled from the pain Don’t wake me up when you can’t sleep, screaming in my ears Don’t hide outside my door at night pretending I can’t hear. Let me hear your words, not anger that you peel Let me feel your heartbeat or are maggots made of steel? Speak to me in my own tongue, take off the dirty mask Let me feel the years to come and let me taste the past. Tell me why your axes swarm in ice unfelt Tell me why this anger burns but the snow has yet to melt Tell me what I haven’t heard, what I hear but do not know Tell me why you’re haunting me, why maggots live in snow.
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Honourable Mention: At the Northwinds, by Rhain Buth
Solace of the written word let us hold the book to open and forever know nowhere else to look. At six after nine contracts end and I fall into the stealth beside me at the table handling peaberry as easily to her lips as the four corners flutter before my eyes. At least when my flatland friends speak to me I know that my one party conversation asserts no third dimension. I cannot read her signature as I should. Perhaps that proverb holds true hot as hell sweet as love black as death And I drink Sumatra always – She cups her face. My five favourite apprentices merely forge the seven times I sip at what I see while my coffee falls onto the page. Cold type swarms to fire our two bodies swirling mastless down to rest no sooner than to burn while sitting a table away. And I am a table away waiting.
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Justice Hayne AC Name: Justice Hayne AC Appointed: 22 September 1997 Nickname: Kenny “Straight-laced” Hayne
Know Your Bench Annabel Krantz, with thanks to Ben Trainor Recently I overheard a conversation in the Law School courtyard, in which several students referred to Chief Justice French as a woman. In fact, French is a ‘he’. I was quite pleased to hear this, not because I was amused by French’s apparently questionable gender, but because I thought I may have been alone in my woefully inadequate knowledge of the High Court Justices. Reassuringly, there are apparently plenty of law students out there with even less idea than me.
At sixty-eight, Justice William Montague Charles Gummow AC is the most experienced (read, oldest) member of the bench. He studied a Bachelor of Arts and a Master of Laws at the University of Sydney, before practicing as a solicitor for ten years. He was then admitted to the NSW bar in 1976.
So, for all of our benefit, here’s the down low on the current members of the bench… Chief Justice French AC Name: Chief Justice French AC Appointed: 1 September 2008 Nickname: Rob “The Hipster” French Random Facts: – French is a fan of scuba-diving, skydiving, marathon-running and sci-fi. – He does abdominal exercises while on the bench, to stay in shape. – He’s been known to quote Homer Simpson and Harry Potter. Robert Shenton French AC has squeezed a great deal into his sixty-four years. While studying Physics at University in WA, French got involved in politics. French was a staunch Liberal man, and found himself campaigning for the seat of Fremantle. On the back of a truck. Accompanied by a rock band. Since French was appointed to the bench in 2008, the number of dissenting judgments handed down has reduced by half in comparison to the thirty years previous. He has been heralded as the catalyst for change in the court system, placing great value on the federal system. He’s got six years until retirement, so let’s see what he can get done!
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Random Facts: – Hayne is married to Federal Court of Australia Judge, Michelle Gordon – He has been known to do impersonations. – Hayne recently went head-to-head with Julia Gillard, pressuring the government to speedily resolve the issue of a refugee family in Australia currently facing a long-term separation under Labour’s new policy on boat arrivals.
Involvements include: President of the National Native Title Tribunal, ACT Supreme Court, Fijian Supreme Court, Deputy-President of the Australian Competition Tribunal, Australian Law Reform Commission, Australian Association of Constitutional Law.
Gummow lectured at the University of Sydney, while writing and editing texts on equity and trusts, which he was passionate about. He advocated the need for lecturers who were ‘exposed to the law in action’.
Justice Gummow AC Name: Justice Gummow AC Appointed: 21 April 1995 Nickname: Bill “The Barometer” Gummow
Justice Hayne tells a story about Gummow’s first day; “When the young and vigorous Gummow J. was appointed in 1995 to replace Mason C. J. on his first day (on the High Court), the other judges held a lunch for him. The waiter asked what he would like: ‘Sirloin steak’, he said. The waiter said ‘What about the vegetables?’ He replied: ‘They can order for themselves’.”
Random Facts: – Gummow is a Libra, and was born on a Friday. – A bit of a rebel, Gummow was sheepish when his phone went off not once but twice during a High Court Hearing (Kirby was in fits of laughter). – He’s been called the ‘Intellectual Powerhouse’ of the bench.
In his time in the High Court, Gummow has earned the reputation of a ‘barometer’ in constitutional cases, with many of his colleagues voting with him more than any other Justice. He also became the least likely member of the bench to dissent. Involvements include: NSW Federal Court, Faculty of Law at University of Sydney
Kenneth Madison Hayne, aged sixty-six, studied a Bachelor of Arts and Law at the University of Melbourne, as well as a Bachelor of Civil Law at Oxford University. He was a Rhodes Scholar, and specializes in commercial, constitutional, and general civil law.
Often a part of the majority, Hayne broke from trend when he sided with Justice Kirby’s dissenting judgement in Thomas v Mowbray. The decision was regarding the Commonwealth’s regime of interim control orders to be applied to suspected terrorists; Hayne though it unconstitutional. Involvements include: Oxford University Commonwealth Law Journal, VIC State and Federal Courts.
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Justice Heydon AC Name: Appointed: Nickname:
Justice Heydon AC 11 February 2003 John“Dirty Dyson” Heydon
Random Facts: – Heydon was born in Ottawa, Canada. – Said to have a natural sense of justice, when Heydon began his legal career he tended to go into fits of anxiety when fearing for the legitimacy of his clients’ cases. – After a high-profile football case, Heydon couldn’t resist asking for the autograph of a witness he had cross-examined. Family man John Dyson Heydon AC, aged sixtyeight, doesn’t sleep: his habit is to rise at 3am and work on judgments, books, and reviews of military history. He is accompanied in these pursuits by a marble bust of Napoleon and a statue of the Duke of Wellington. He is married with four children.
Heydon was considered a conservative appointment to the bench, with a propensity for working too hard, but there was some concern as he replaced the only female member of the bench. However, a feistier side of Heydon has since become apparent, and has been warmly welcomed. Involvements include: Professor of Public International Law at Oxford, Dean of the University of Sydney Law School, Court of Appeal. Justice Crennan AC Name: Justice Crennan AC Appointed: 8 November 2005 Nickname: Susan “Dynamo” Crennan Random Facts: – Crennan is Irish-Catholic, and proud of her roots. – It is rumored that she plays the Bodhrán (Irish Drum). – The second woman to be appointed to the bench, Crennan is considered to be the ‘second lady’ of the High Court. As well as being a High Court judge, Susan Maree Crennan AC, aged sixty-six, is a wife of another lawyer, a mother of three, and a grandmother. She earned a Bachelor of Arts and a Post Graduate Diploma of History from the University of
Sports-lover Heydon left the rugby and cricket groups behind, trading mud (hence the nickname), for law. Heydon completed a Bachelor of Arts at the University of Sydney, and a Master of Arts and Bachelor of Civil Law from Oxford University. He was also a Rhodes scholar, and has published a number of legal texts.
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Melbourne before becoming a teacher of English Literature. She later received her Bachelor of Laws from the University of Sydney. Crennan was the first female Chairman of the Victorian Bar Council, and her specialties included civil and commercial law, predominantly intellectual property law, constitutional law, and public law.
to become her own boss – it was a matter of personality, as she described it. So, she completed her secondary schooling at night, and studied for the Bar examinations independently, with no formal lecturing or tutoring. She completed her studies with Honours, and was admitted at the youngest possible age of twenty-one. She later completed her Master of Laws at Cambridge University.
Since being appointed, Crennan was involved in a very public scandal when she failed to disclose a conflict of interest in a case about paternity fraud that was very similar to a situation in her past. Many called for her to be dismissed from the bench, but in the end no disciplinary action was taken. Described as a “legal dynamo”, many think she will go on to be a very valuable and insightful member of the bench. Involved in: Chairman of the Victorian Bar Council, Institute of Patent Attorneys of Australia, President of the Australian Bar Association, Commissioner for Human Rights and Equal Opportunities, Federal Court. Justice Kiefel Name: Justice Kiefel AC Appointed: 3 September 2007 Nickname: Susan “The Underdog” Keifel Random Facts: – Before becoming a lawyer, Kiefel considered becoming a journalist, or pursuing a career in theatre. – She met her husband when she was a member of the Cambridge rowing crew; he was the coach. – Kiefel is a fan of cooking, bushwalking, fly-fishing, cello playing, and good conversation. At fifty-seven, Susan Mary Kiefel AC is the youngest member of the bench, and possibly the most unpredictable. A big fan of music (think Jimi Hendrix and Bach) and sport (cricket especially), Kiefel sometimes wishes for more free time to practice piano.
Her specialties are in defamation, local government law, and probate, while she prefers not to practice in criminal or family law. Kiefel believes that “Life is a bit like a running conversation with yourself: you can do this, don’t give up, don’t be a whinger, look at the opportunity here – it’s not a burden.” A big fan of a positive outlook, enthusiasm and a strong sense of self, she’s known for her skill in making seemingly complicated legal issues appear more clearly than many can. Involvements include: Supreme Court of QLD, Supreme Court of Norfolk Island, Federal Court, Commissioner of the Australian Law Reform Commission, QLD Academy of Arts and Sciences, Southern Cross Soloists Advisory Board.
Leaving school after year ten, aged fifteen, Kiefel became a secretary. Eventually, she wanted
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Justice Bell Name: Appointed: Nickname:
Justice Bell AC 3 February 2009 Virginia “The Rebel” Bell
Random Facts: – Bell has commented on the lack of women on the bench; “it has the capacity to make women advocates feel somewhat exotic, even if they weren’t rumored to be go-go dancers.” – Bell made headlines when she determined that calling someone ‘gay’ was not defamatory. – In high school, Bell established a club with an aim to “resist, by force of argument and instinctive cunning, participation in the Thursday afternoon activity frequently referred to as sport”.
Daughter of a Naval officer, Virginia Margaret Bell AC, aged sixty, inherited her sense of community duty from her father. John Bell was thrilled to see his daughter, the rebel, grow up to practice law and reveal the “determination to work like a galley slave.” Bell was a theatre enthusiast, and made it to the small screen in the show Golden Years of Television. She played Ginger de Winter, president of the fictitious Australian Barrel Girls Association, in false eyelashes and a strapless dress. Her role was to drawl a winner from a prize barrel. Bell graduated from the University of Sydney with a Bachelor of Laws. She started her legal career as a volunteer solicitor with the Redfern Legal Centre, who couldn’t afford to pay her. It was here that Bell made a name for herself as defender of the defenseless. She also was a leading figure in the prison reform movement. This experience led to Bell gaining a reputation as one of the most experienced and highly regarded criminal lawyers in Australia. Involved in: Royal Commission into the NSW Police Service, ‘Women Behind Bars’, NSW Supreme Court, Commissioner of the NSW Law Reform Commission, President of the Australasian Institute of Judicial Administration. ––––– Much like the Seven Dwarves, these mysterious characters are difficult to list on command. But with any luck, with this intimate look at what lies beneath the seven black robes of justice, the task will be somewhat easier, and the names we skim over in 500 page judgments will be a little less foreign. Disclaimer: In real life, Justices are much larger than the monotone pictures imply. They also consist of more than a head and torso. Nicknames may or may not be correct at the date of printing. Of course, they probably will be after printing.
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How To Know What Employers Want Annabel Krantz This year, terrifyingly, the number of law students graduating has doubled compared to last year. This is thanks to SA Uni churning out some graduates, and Flinders Uni seeing two year levels graduate at once. The surge in numbers means that the already competitive job search has become even more difficult. It has successfully instilled borderline panic in a number of law students, especially as clerkship season has just been upon us. To help you (hopefully) combat the fear of never getting a job, we have put together the ‘must know’ tips and tricks for getting a graduate, clerkship or placement position. The first thing you need to do is make a plan. Decide where you want to be in the near future, and set goals on the road to getting there. A big part of this is learning how best to present yourself to an employer and demonstrate the skills they’re looking for. 3 Steps In Career Planning 1. Self Awareness Know your skills, knowledge, preferences, strengths, weaknesses and achievements. Consider your constraints, personality traits, values and beliefs. Look at each area of your life, and consider what you gained from your experiences and how you can relate the skills that you learned to the field you are interested in. 2. Options Awareness Be aware of what is out there in your field. Find out what opportunities are available in your area, and how to go about making the most of them. Talk to consultants and others in the field, read the paper, keep your eyes peeled.
3. Self Marketing Know your professional identity, and what differentiates you from others. Hone your resume and application letter. Try to network with other people in the field, so that you can get some extra info about what you’re trying to get into. The better prepared and more knowledgeable you are, the more attractive you’ll seem to an employer. What Employers Want There are certain qualities that prospective employers have come to look for in Flinders Graduates. High on the list are employment experiences, initiative, leadership, community engagement, and extracurricular activities. Keep the Flinders Graduate Qualities in mind when you are writing your resume, working on your applications or preparing for your interviews – they offer a good idea about which qualities you might like to convey, and what potential employers have come to expect. The Importance of Communication Wilo’s Laws of Communication – Communication will usually fail except by chance – If a message can be understood in different ways, it will be understood in a way that does the most harm – Somebody always knows better than you do about what you meant by your message – The more communication, the more difficult the chance for successful communication Keep these these ‘laws’ in mind when you are trying to get your message across; the more concise you are, the less room there is for someone to misinterpret your intentions!
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Law School: What I’ve Learnt David Worswick “It is possible that the only purpose in life is simply to serve as a warning to others” – Unknown Since commencing university in 1985, David has graduated from the Australian National University and every South Australian university. Despite this, he is still at university. This is his cautionary tale… Rule 1: Um, Be motivated Every year I routinely ask students in Legal Methods workshops what motivated them to study. The results are often a mix of the following; – ‘I did legal studies at school and it was interesting’ – ‘I’ve always wanted to do this’ – ‘The legal skills could be useful’ My all time best reasons also include; – ‘I have no idea why I did this’ – ‘I did it to spite someone’ – ‘I really want to sue people’ – ‘You get to wear nice suits’ 1 – ‘My dad told me to enrol’ While I wasn’t motivated by any of the above reasons, it is important to remember that you do need some motivation to see you through the experience. At least that’s what prisoners tell me. You need to be motivated by something because law can be a very challenging course. The core training we give you is largely dictated by the judiciary, so you have less room to choose your topics than in some other courses. Try to remember what you wanted to get out of your legal training because it will help you through tough patches that may crop up.
1 On the issue of suits, I have noticed that the law profession is certainly not as dressy as the public perceives them to be. This is largely because most South Australian lawyers are not actors dressed by excellent wardrobe assistants.
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Rule 2: Get a support crew Law school is best tackled with a circle of friends support staff. Like your hairdresser, these are people to confide in and, unlike your hairdresser, actually are able to offer real empathy based on your shared suffering. Who else could you exchange phrases like obiter dicta with? Friends come in handy study groups, borrowing lecture notes, people to share your pain, oh yes, and successes to! Rule 3: Pass your degree Sounds easy, but we do our best to outfox you. They even can withhold your degree if you haven’t cleared all your demerit points from the library. Lecturers will tell you that the best way to graduate in law is to attend classes, study, and hand up all your assignments on time. After years of trying to prove this wrong, I’ve found that this is actually true. Rule 4: Get your foot in the door Door jams are painful, but so is unemployment. Finding legal work before you graduate seems to be increasingly important in terms of helping give you an edge in getting work once graduated. To do this you need a sense of what interests you, what firms of workplaces do that kind of work, and seeing what opportunities exist for summer of casual work. The students I see getting jobs on graduation often did this.
Rule 5: Survive and thrive Lecturers want you to do well. I thought this might be a joke (see rule 6) but it’s actually true. If you repeat, you are actually creating more marking for us next year. To this end we have mechanisms to help you: mentors (first-year, indigenous), a staff-student consultative committee for you to raise concerns, helpful administrative staff in the SSA and FLSA. The University also has numerous support services (eg. Health and counseling, study skills, fitness) and others that you may not know about (eg. Welfare services, employment services). Legal practice can be a tough, unforgiving and stressful environment. It is good to develop habits now that will support you in such a work environment. Rule 6: Legal Antics (or are basically true)
why all lawyer jokes
Be warned that you are about to enter a profession that may not be the public’s favourite, or not even close. In 1991 the Texas Bar Journal published research where 2100 people were asked the first work that came to mind when they heard the word
‘lawyer’. Half the responses were unfavourable and a good portion unprintable. It’s a profession filled with jokes about us. I used to laugh at them, but the truth in them seems increasingly compelling. Typical examples: – Q: How can you tell when lawyer is lying? A: Their lips move. – Q: How do you get a lawyer out of a tree? A: Cut the rope – Q: How do you stop a lawyer from drowning? A: Take your foot off their head – ‘It was so cold one day that I saw a lawyer with his hands in his own pockets’ – Warning signs you need a new lawyer: 1. When the prosecutors see your lawyer, they high-five each other 2. Your lawyer tells you their favourite case is VB 3. Your lawyer tells you that he has never told a lie 4. A prison guard is shaving your head. Good luck!
I got my foot stuck in this academic door when flying home from Sydney in 1993. I ran into Professor Rebecca Bailey Harris (our founding Law Dean) on the flight, and after mentioning that I was looking for work, she offered me casual research work at Flinders to tide me over. The rest, as they say, is history, and I do mean that because I’ve been here for over a decade, having started work here last century!
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My Story
How to Score that Dream International Job
Fiona Brady, Insurance Partner at Finlaysons
Heath McCallum
Mine is a somewhat unusual story in the law. Having focussed on science at School and initially at University, I stumbled across a love of the law and a career that I have found both rewarding and enjoyable.
Recent studies of law graduates have shown a strong move away from the typical legal careers path aiming at barrister, judge or partner. Over 50% of graduates in 2009 will never have a conventional legal job (whether publically or privately). Of the 50% of graduates who do enter the legal profession, half will leave within five years. It is easy to speculate about the reasons for this, but one thing is certain – the law degree is no longer just a stepping-stone to being a lawyer. Employers in all sectors love law graduates and there are a myriad of opportunities for you to start thinking about.
I obtained a casual role at Finlaysons as an administrative assistant whilst studying for a science degree at Flinders University. I undertook many tasks including rounds and photocopying. As part of that role, I also became involved in document preparation for some significant Supreme and Federal Court litigation. It was during this time that I was able to gain an insight into the workings of the law and worked with an extraordinary mentor in the area of Commercial Litigation. She offered me a role as a paralegal in Commercial Disputes which had me involved in large volume document management but also assisting instructing solicitors and counsel with lengthy trials in the Supreme Court of South Australia and the Federal Court of Australia. Those disputes included trade practices disputes, bank guarantee litigation, defending a class action in relation to the collapse of a building society, franchise disputes and insolvency matters. I gained skills in managing the logistics of large scale litigation and it gave me a real taste for litigation. After my original foray into large scale commercial litigation, I took up an opportunity to undertake work in smaller-scale insurance litigation in Finlaysons’ Insurance Business Unit. Again, I had access to mentors who not only assisted me to learn from them, but also provided me with a significant amount of responsibility to rapidly grow my knowledge in the area.
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It was during this time that I decided that I wished to pursue a career in the Law. I began my LLB/ LP at Flinders University in 2000, with the support of my supervising partners. They allowed me to have significant flexibility in my working hours depending on my university obligations. I worked the equivalent of three days per week throughout my degree. In the meantime, I had become pregnant with my eldest child who, coincidentally, was born when I was meant to be in my final exam – Corporate Law. Having completed a supplementary exam, I undertook the Legal Practice/PLT requirements for my degree whilst I was on maternity leave from my role at Finlaysons. I was admitted as a legal practitioner of the Supreme Court of South Australia in December 2003 and commenced practising at Finlaysons as a solicitor on a part-time basis working 4 days per week. Since my admission in December 2003, I have had two other children in 2005 and 2008 – having received paid maternity leave from Finlaysons following the birth of both of those children. I was promoted to the level of Senior Associate as of 1 January 2009 and promoted to a Partner of Finlaysons from 1 July 2011. Accordingly, you could say that I have seen the firm from every angle, over some 17 years, and have enjoyed and appreciated the people, the culture, the mentoring and the support I have received throughout my time at Finlaysons. I am also extremely gratified to be in a position where I can now support the careers of aspiring lawyers.
It has long been recognised that a law degree does far more than teach students the law (which is invaluable no matter what your career), but it also teaches us to think analytically, solve problems logically, express ourselves succinctly through both writing and speech, and research meticulously. It teaches us confidence and confidentiality, organisation and time management. Indirectly, it also gives us friends in useful places and, perhaps most usefully of all, an extraordinary threshold for boredom from the thousands of pages of cases we read annually. These skills are useful no matter what the career – doctor, priest, CEO or drug mule – and employers have learnt the power of hiring law graduates in non-typical careers. No matter which career you choose, there is one thing to keep in mind – there are a lot of you! With 38 law schools in Australia and over 34 000 law students, law graduates are a dime a dozen and if you have your eye on a specific career path, you will need to start thinking about it now. The most common ‘alternative’ careers available to law graduates are in the international sector, business and finance, and community groups,and sohere there are a few tips to keep in mind if you want to head down one of those paths.
International ‘Save the World’ Jobs Whether you want to be the regional head of World Vision or run an orphanage in Kenya, a law degree will get you there. The only problem is that there are a lot of law grads looking to save the world and breaking in to the sector can prove to be exceptionally difficult. The big multi-national NGOs (the UN, Red Cross, and international courts like the Hague) offer incredible internship programs that will put you up against the best and brightest people on the planet. While applying is always a great idea, have a plan B, as some of the most prestigious internships receive upwards of 30,000 applications! A great way to get experience in the international development sector is the AusAid-run Australian Youth Ambassadors for Development program. AYAD sends dozens of young Australians to countries in the Pacific, Asia, and Africa to participate in programs with other NGOs. AYADs are funded, last up to 12 months, and are undoubtedly one of the most amazing opportunities for young Australians. Check out their website for ideas about their programs. Whether you want to do an AYAD, prestigious internship, or go straight into the international workforce, selection panels will be looking for a few essentials: international experience, volunteering experience, and (where possible) both combined. If you want to head into the sector, make sure you get some travelling under your belt and some local volunteering work (preferably community based). The key words here are cultural sensitivity (including working with non-English speaking communities), working in teams, and adaptability. If you can provide examples for where you gained these skills, your application will be seen much more favourably.
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Everything You Need to Know About Applying for a Job Annabel Krantz and the CELC A lot of people ask whether having a stint in the evil corporate sector is fatal to an international career. It certainly is not if you can use the experience to your benefit – the skills you learn as a clerk in a firm are definitely transferable to an international career and no one will hold the fact that you gave it a try against you. The only risk is being behind on the international experiences compared to other applicants, so if you think a careers swap might be on the cards for you, keep up the volunteering. The big question with international jobs is whether you need to know a second language. Australians are lazy when it comes to languages, but when you head into the international sector you are often up against Europeans. AYADs, internships and other international jobs will definitely favour applicants with a second language but it isn’t fatal if you make up for it in other areas. If you want to go far in the UN or ICRC you will definitely need a second language (French is a good one for both organisations). Anyone who has worked in the international sector for a while comes back with one piece of advice –
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be patient. It is possibly the hardest career path to crack so be willing to wait for that ideal opportunity. Work at your ‘soft skills’ with volunteering and keep applying until you break in. Some people tell stories of working in pubs in the Hague until they met the right person or saw the right opportunity. If a volunteer opportunity in your perfect organisation pops up, jump on it and if you impress them, a paid job won’t be far off. Finally, utilise the resources around you. Every year FLSA produces the Careers Guide, which contains ith articles on jobs in NGOs, government, and academia as well as tips for applying – grab your copy from the FLSA office. Pop into the Careers Centre for some careers tracking advice and they can tell you what areas of your CV need some work. They also have amazing programs, which can link you up to professionals in your area of interest. If you would like more information, feel free to pop in to the FLSA Office (2.51), our visit our website at www.flsa.org.au.
With hundreds of resumes landing on the desks of potential employers, it’s crucial that yours stands out. You’ll need a tailored resume, that shows you posses the criteria the organisation is seeking. There are some broad qualities that are often looked for, some are more specific to each individual job. The basics – Ability to analyse problems and devise appropriate solutions – Ability to organise tasks, work effectively and meet deadlines – Clear written and verbal communication skills – Initiative, drive and flexibility to achieve results – Good interpersonal and liaison skills that indicate the ability to foster trust and cooperation of others – Knowledge of the Microsoft Office suite of products – Technical/specialist skills developed through tertiary study (accountancy skills, understanding policy/legislation, groundwater analysis, counselling skills, statistical analysis skills, programming, event management, foreign language proficiency, and so on) – Public speaking and verbal communication abilities (oral presentations, casual work) – Team work skills (group projects, amateur theatre, music band or ensemble, sporting/community involvements) – Written communication skills (assignments, produce the newsletter for a community organisation, thesis, placements) – Customer service skills, dealing with the public (retail sales, hospitality or other work experience, call centre experience) – Liaison and negotiation skills (committee and student representative experience) – Ability to handle responsibility (supervision of staff, trainer of new staff, operate retail outlet in manager’s absence).
Your resume and cover letter are your best chances to get across how you have all of these things, and more. So, get them right. A good resume may put you at the top of the pile, while a bad cover letter might mean that your resume is never even looked at. It’s important to sell yourself, so make sure your application does you justice. Six steps to preparing a tailored resume Step 1: Define who you are through self-assessment Break your life into its various components; work, secondary school, tertiary education, extra-curricular activities, personal life. Consider each component separately, and consider what you gained from each experience; think about responsibility, time management, communication skills and teamwork. Think about how you can translate these skills from your experience to the workplace of your choice. Familiarise yourself with these skills; perhaps write down your skills and how each can be applied to different situations. Step 2: Research the employer and what they are looking for You should understand the culture, mission and values that the company upholds. To do this, you could search their website, or the wider web for news articles involving the organization. Alternatively, you could attend one of Flinders’ University Careers Fairs or Employer On-Campus Visits to collect knowledge first-hand. Familiarise yourself with graduate recruitment literature, industry associations’ sites or annual reports. Step 3: Match yourself to your employer’s requirements Show potential employers the evidence that you are a good fit for their firm. They receive hundreds of applications, so you need yours to stand out for the right reasons. Grab and hold their interest by
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Step 5: Present your resume professionally The following 10 guidelines should be observed when preparing a resume; 1. Use good quality A4 plain white paper 2. Staple pages in the top left hand corner 3. Do not use plastic folders or covers 4. Ensure your name appears in the header/footer of each page 5. Leave space between sections 6. Use a layout that ensures information can be easily read 7. Place dates in the left margin as a general rule 8. Keep headings and sub-headings consident in style and size 9. Avoid small print, italics, script, underlined words, horizontal or vertical lines, graphics and shading 10. Number the pages. Keep resumes to approximately 2-4 pages – be concise. Don’t mix fonts and sizes. Step 6: Create the content of your resume Put in a few lines about your career objective for the short-term future. Then use headings such as tertiary education, professional development, secondary education, employment history, achievements and any others you feel are relevant.
Application Letter A cover letter generally accompanies your resume when applying for a job. This letter introduces you to the employer, and encourages them to read your resume; you should include key words and phrases that were included in the job advertisement, to show that you have what it takes to do the job. Make sure you personalise each letter you send to suit the job for which you are applying. Spell names correctly! Want more information? The Careers and Employer Liaison Centre has more information about how to personalise your resume and cover letters for specific jobs on their website. Alternatively, you can arrange to visit them for more individualised help. Drop by anytime between 9am and 5pm on weekdays (you can find them on the third floor of the Student Centre, next to the Sports Centre). Website: www.flinders.edu.au/careers/ Email: careers@flinders.edu.au Phone: 8201 2832
“It’s all about our people”
!"#$%&#'()#'*+,-,%&.#'/0#.*'(-1#2'3)#45'/.#"%(#$%&(#6'())(#'/0#'()#5%%7,/8#-%#9%,/#'#:(*# that will help you grow both personally and professionally, then we want to speak with you. A clerkship at Kelly & Co. gives you an opportunity to experience working in a major local 6%**)(6,'5#5';#:(*#'/0#-%#8)-#'#-'.-)#%"#'#;,0)#('/8)#%"#4('6-,6)#'()'.< Kelly & Co. might just be the right place for you.
='/7,/8#>#:/'/6) Commercial transactions Litigation & dispute resolution Employment & workplace relations
Our clients
Step 4: Plan your resume structure Clearly set out your resume with headings such as; personal details, career objectives, professional memberships, education, industry/clinical/course placements, employment history, skills profile, achievements, community and leisure interests, and referees.
Title the document ‘resume’ or ‘curriculum vitae’. Add your personal details; name, address, telephone, email, and residential status (if you are not a permanent resident). The laws of Equal Opportunity mean that you do not need to disclose your age, gender, sex, marital status, nationality or religion. Include a brief statement about your career objectives, providing a focal point for a reader to review your document.
Our practice areas
matching your skills to what they are looking for, and provide evidence to support your claims.
ABC BankSA Billabong Channel Seven
Energy & resources
Clemenger BBDO
Insolvency & recoveries
Clipsal/Schneider
Intellectual property & IT
Elders
Media & entertainment
Hills Industries
Private client
Network Ten
Property
Rural Bank
Infrastructure & construction
SA Film Corporation
Taxation & superannuation
Santos
Trade practices
Veolia
Wealth management & succession
Wallis Cinemas Westpac
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Level 21 Westpac House 91 King William Street Adelaide SA 5000
GPO Box 286 Adelaide SA 5001
T +61 8 8205 0800 F +61 8 8205 0805 E kellyco@kellyco.com.au
www.kellyco.com.au ABN 95 723 883 859
How to Improve Your Job Prospects Annabel Krantz and the CELC Honestly, I’m not entirely convinced that my legal life isn’t over because I didn’t get a clerkship. However, I’m repeatedly being told that there are other things that can be done to improve my ‘offer’ to perspective employees. Volunteer work, mentoring programs, and internships look great on a resume; they not only show that you are willing to put extra effort into being as prepared as possible for your degree, but they also help instill confidence, hone your skills and help improve interpersonal skills. Flinders Uni offers a number of programs that you can get involved with to improve your job prospects; we’ve talked about a few of them below. Vacation Work Luckily for us, students have more holidays during the year than most other people. Fortunately (unfortunately?), this also gives us plenty of free time to fill up with vacation work. Take a look at the Aurora native title internship program, or the Australian institute of criminology program. Internships are also run by the Attorney General’s department and numerous other organisations; there are student/casual registers you can sign up to for alerts on open positions. Extra-Curricular Activities A well-rounded individual will have more than just an academic record. Causal work and volunteer work are important, as are extra-curricular activities. University is the best time to get involved with things you are passionate about; not only do we have the flexibility but we also have the opportunity; Flinders has a number of clubs and associations that students are encouraged to join. For example, you could be a student rep on a committee like FLSA, ALSA, Rotaract or AIESEC. Alternatively, you could join one of the sports teams, or volunteer at the Flinders University Art Museum. If you can’t wait to get away from uni at the end of the day, there are opportunities outside campus confines; join professional associations (like the Young Lawyers Committee, who run all sorts of
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events), attend careers events, subscribe to media releases for areas that interest you, or get involved with Australia-wide events, such as the CPA Big Break Project, 40 Hour Famine, or Clean Up Australia Day. You could join the Scouts (and have a chance to be on one of those muddy TV adverts), participate on the Duke of Edinburgh awards, or do some debating – we’re trained to argue! Community groups are often looking for help; try Trees for Life, Surf Life Saving, Rotary Clubs, Neighbourhood Watch, CFS, Oxfam, Scouts, School Committees and Working Bees, Spiritual, ‘Friends of’ Groups (ie National Parks, Heysen Trail, Historic Sites, Art Galleries, etc) and so on. Or, get involved in your Local Council’s Youth Advisory Committee, Youth Parliament, Youth Round Tables; ratepayers groups etc. Develop a range of hobbies and interests; the Careers and Employers Liaison Centre suggests Bicycle SA or the Astronomical Society of SA… or if you’re into something a little more upbeat, join a band, throw a party for charity, or join the Budgie Club of South Australia. Yes, there is such an organization. Remember, you should be doing these things because you’re passionate about them, not because you’re trying to make yourself look good on paper. If you are just doing them to look good on paper, learn to lie convincingly in job interviews.
trends, and ask your unanswered questions. You’ll also get a certificate to say you have completed all requirements (attendance, progress reflection, final evaluation, etc). The WorkReady Internship Program is an opportunity for you to enhance your skills by providing you with unpaid placements to give you practical experience. The benefits of this program include improving your knowledge and practical skills, building your confidence, creating contacts in the work place, and giving you an edge over others in the same job pool in the future. You can complete your internship during holidays, or part time during semester, or another suitable time that works with your study commitments. How will this look on your resume? Employees look for practical experience in the field. They also appreciate volunteer work, be it degree-related or not, as to be a volunteer shows commitment, interest, motivation and energy. Many organisations have social responsibilities to various charities, so a willingness to volunteer indicates that you fit well with their values. Want to know more? Check out the Flinders Careers Centre website, and search for ‘Work Ready’ – you’ll be able to download applications, and see current vacant positions. Or, email workready@flinders.edu.au with your questions.
Mentoring Programs: Mentor, or be Mentored Career Link Express allows students to participate as mentees who are then matched to a workplace mentor, in a variety of industries. Through four meetings, in a six months period, mentees have a valuable opportunity to gain career advice, support and insights from their workplace mentor, as well as being able to gain skills in presenting themselves in different environments. You’ll get the chance to explore of relevant careers, goals, role requirements, strategies for entering the field, employment
The Inspire Peer Mentoring Program provides a chance for you to build a relationship with a young person who is at risk of dropping out of school. Your role is to listen to them, be interested in their interests, and help them along their path to further education. By being a positive role model for them, and encouraging them to stay in school, you could be making a huge difference in their lives.
from teachers or youth workers. The program only takes up two hours a week; for such a small amount of time, you can get the warm fuzzy feeling that comes with helping kids, as well as giving back to the community, increasing your self-confidence and improving your communication skills. How will this look on your resume? Community leadership and social responsibility are big draw cards for potential employers, and working with young adults shows that your interpersonal skills, and ability to think on your feet, are well developed. Interested? There are more details, and forms for application, on the Flinders Careers and Education website, www.flinders.edu.au/careers/. Volunteering Many people think ‘why volunteer?’ and those people miss out on some great opportunities. Volunteering allows you to meet new people, develop new skills, increase confidence, challenge yourself, network, make your resume stand out…plus, quite often it results in a warm, fuzzy feeling, which is rewarding in and of itself. Plenty of organisations are desperate for help. While law-related volunteer positions are often hard to come by due to the high demand, non-law-related opportunities still provide great experiences and shouldn’t be overlooked. Don’t know where to start? Have a look at theYoung Workers’ Legal Service, Aboriginal Legal Rights Movement, Environmental Defenders Office (SA), Southern Community Justice Centre, Women’s Legal Service, or Welfare Rights Centre. For links and more information, visit the CELC website at www.flinders.edu.au/careers/.
As a mentor you’ll receive ongoing support from a project coordinator, as well as onsite supervision
The Jurist – Issue 3, 2011 29
Make Nuclear Weapons the Target Chris Kwong Australian Red Cross is positioned to reignite the debate around nuclear weapons. In November 2011 Australian Red Cross will have an opportunity to reignite, within the international community, the debate around nuclear weapons. At the upcoming International Red Cross Red Crescent Movement’s meetings in Geneva, attended by all 186 National Societies, Australian Red Cross, with the support of other National Societies, will move for a Resolution for States to pursue with urgency and determination negotiations to prohibit the use of and completely eliminate nuclear weapons through a legally binding international agreement. If the Resolution is successful, it will be noted to the International Conference that follows immediately after. This Conference is attended by the 194 States signatory to the 1949 Geneva Conventions and is a unique opportunity to engage with States at the highest level. ‘Make Nuclear Weapons the Target’ is a campaign aimed at raising awareness about nuclear weapons and their unacceptable humanitarian and environmental consequences. The campaign has both online and ‘on the ground’ components. The online component currently includes a referendum where people can vote for banning the use of nuclear weapons. The second and third phases launch in October and November and will ask participants to ‘Make Nuclear Weapons the Target’, lodging their support via social media and creating a one-off awareness ‘blast’ on a mass scale. Australians will be able to experience in a unique manner the impact of a nuclear explosion and will be invited to participate in an online vigil. Physically, the campaign includes local educational forums and discussions and most excitingly, a nationally coordinated flash-mob to be held on the same day in capital cities around Australia. These events will support the online component and at the end of the day, Australian Red Cross hopes to
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use the results of the online referendum to further the case for a strong Resolution in November this year. Public support around this issue is crucial. How to add your voice to the call to ban the use of nuclear weapons
The first and most important step: vote – it takes seconds. Getting a legally binding international agreement banning the use of nuclear weapons will be a long journey. But as with every journey, it begins with a single step (or in this case a ‘click’). The easiest way to support Australian Red Cross is to vote, and get your friends and family to vote, in the online referendum at www.targetnuclearweapons.org.au. Evidence of public opinion around this debate is vital and is the best way, come November, that Australian Red Cross can share with the world your concern. The second step: Share the message – join the Flash-Mob! With the assistance of social media, you can easily help by sharing the message and online referendum with friends and family. You can also have a bit of fun along the way by joining the Flash-Mob in late October 2011. This flash-mob will involve joining hundreds of others in meeting at a public place and holding a three minute pose resembling the immediate impacts of a nuclear bomb exploding. Last year, the South Australian International Humanitarian Law Collective held a successful flash-mob, ‘Freeze for Humanity’, with around 150 participants on the day and attracting local media attention. This year the flash-mob will be even bigger and held nationwide. The aim is that the national scale of this event will gain even wider public and media attention that will further the messages (and votes) for the campaign.
Why Red Cross and why now? Australian Red Cross’ vision is to improve lives of vulnerable people in Australia and internationally by mobilising the power of humanity. The work of Red Cross in Australia includes a vast number of local services in areas focussing on social inclusion and well-being, including working with Aboriginal and Torres Strait Islander communities, youth, the elderly, as well as emergency services, programs to support migration, and first aid training. Australian Red Cross is also a part of the International Red Cross and Red Crescent Movement, and therefore has a specific mandate to educate the public in the area of international humanitarian law (commonly known as the laws of war). The ‘Make Nuclear Weapons the Target’ campaign is part of Australian Red Cross’ international humanitarian law focus. The two basic, but essential, principles of the laws of war include: – Distinction – parties to armed conflict must distinguish between combatants and civilians (Article 48 of the Geneva Conventions); and – Proportionality – any harm caused during armed conflict must be proportional and not excessive in relation to the anticipated military advantage (Articles 35, 51, and 55 of the Geneva Conventions). Considering the horrific humanitarian and environment consequences of the bombing of Hiroshima and Nagaskai during World War II, it is hard to see how nuclear weapons don’t offend such principles. Today, technological advancements have rendered the nuclear weapons capabilities to be far greater than that witnessed in 1945. To fully comprehend the impact a nuclear weapon may have on humanity can be difficult and abstract. But one eyewitness account of the devastation caused by the first use of a nuclear weapon was quoted by Judge Weeramantry in his dissenting opinion in the International Court of Justice Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons (8 July 1996), giving us some understanding of the humanitarian consequences of nuclear weapons:
It was a horrible sight. Hundreds of injured people who were trying to escape to the hills passed our house. The sight of them was almost unbearable. Their faces and hands were burnt and swollen; and great sheets of skin had peeled away from their tissues to hang down like rags on a scarecrow. They moved like a line of ants. All through the night they went past our house, but this morning they had stopped. I found them lying on both sides of the road, so thick that it was impossible to pass without stepping on them. And they had no faces! Their eyes, noses and mouths had been burned away, and it looked like their ears had been melted off. It was hard to tell front from back. One soldier, whose features had been destroyed and was left with his white teeth sticking out, asked me for some water but I didn’t have any. I clasped my hands and prayed for him. He didn’t say anything more. His plea for water must have been his last words.
Judge Weeramantry then went on to note: “Multiply this a thousand-fold or even a million-fold and we have a picture of just one of the many possible effects of nuclear war”. Nuclear weapons are weapons against humanity. Add your voice to the call for the banning of the use of nuclear weapons. For more information: – Download a copy of the International Humanitarian Law Magazine, Issue 2, 2011 www.redcross.org.au/files/IHLnuclear.pdf – Join the flash-mob by joining us on Facebook www.facebook.com/AustralianRedCross – Vote now at www.targetnuclearweapons.org.au Chris Kwong is a member of the Australian Red Cross National Youth Advisory Committee for the Make Nuclear Weapons the Target Campaign. Disclaimer: This article represents the view of the author and not necessarily those of Australian Red Cross.
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How to Impress in Your Interview
Is it the size, or the way you use it?
Annabel Krantz and the CELC
Homer Simpson*
Step 1: Do your research You wouldn’t attempt to go into an exam unprepared (at least, not intentionally…), so you should be studying just as hard to prepare for your interviews. Harder, in fact, as your exams won’t count for anything unless you can land the job at the end of your degree! So, gather information on the interview process, the interviewer, the organization and the field you are searching for work within. Thanks to Google, there’s really no excuse not to!
I have been fortunate to have the opportunity to work in both a top tier, city-based commercial legal office and a rural commercial office. I would recommend both, if only to gain a better understanding of what law is about and what you want out of it. First, let me qualify the following thoughts by saying all experiences are subjective and the opinions herein are not definitive, only representative of personal experience.
Step 2: Self-assessment Consider how you can best present yourself to the interviewers. Know what they’re looking for, and how you meet those criteria. Be able to answer questions about your degree, personal qualities, intellectual ability, achievement potential, and technical knowledge. Use the STAR Method to help you identify the skills that your research tells you that the employer is looking for; then develop examples for these skills: ST – Situation/ Task – what was the situation/ task? Who was involved? What was your role? Use a specific example – don’t be too vague or general. Give enough detail to explain the context. A – Action – what did you do? How? Describe the steps you took to handle the situation/ resolve the problem, and any obstacles you had to overcome. Be clear and concise, and focus on what you did. Show how your actions demonstrate workplace skills – don’t just list what you have done. R – Result – what was the end result? What did you achieve? What did you learn? Quantify the results if you can. Step 3: Presentation First impressions count, so make a good one by being 10-15 minutes early (leave time for traffic, and to calm last minute nerves), dressing appropriately (be professional, but comfortable), and be friendly. Make eye-contact, shake hands, keep your body language relaxed, and don’t forget to smile!
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Step 4: During the interview Listen carefully; you don’t want to ask for the interviewer to repeat or clarify more than once. It’s ok to pause before answering – the more you rush, the less polished your answer will be. Pretend you haven’t grown up watching American TV, and eliminate the words ‘um’ and ‘like’ from your vocabulary. Consider scenarios that demonstrate your strengths and weaknesses, and how you dealt with them, before the interview.Don’t exaggerate your experiences – it’s more embarrassing to be caught in a lie. Also, don’t just answer ‘yes’ or ‘no’, you’re just wasting an opportunity to explain more about why you’re the man for the job. It’s common for interviewers to give you hypothetical scenarios to respond to; you may or may not be given time to prepare these. These questions typically set out a realistic work-related problem, and require you to come up with a solution to that problem. This technique assesses your ability to think on your feet, analyse information, problem solve in a logical manner, and prioritise actions. Make sure to outline your reasoning as you answer. Use the ‘ABCS’ approach to answer these questions; – Articulate the key points in the scenario – Brainstorm the possible courses of action that you could take – Choose your recommended strategy – State your rationale for choosing this option Step 5: Closing the interview Generally, you will be given an opportunity to ask questions, for example, expectations for new graduates, the type of projects you may be undertaking, the culture of the organization, or what opportunities for training or career advancement and mentoring exist. You may also add anything else you feel is relevant. Be careful you don’t ask questions that could be easily answered by the organisations website. It’s the perfect chance for you to express your enthusiasm about the job, by showing interest and leaving a positive final impression. Don’t forget to thank the interviewer for their time!
The city firm I worked in had hundreds of employees, all busily working away at their tasks, driven by the almighty billable hour and the impending doom of not making their budget. Whilst all firms will produce beautifully coloured brochures talking about work life balance, the reality is that we live in a capitalist economy and commercial lawyers are simply money generating agents. This fact hits home especially as a junior in a large firm because in general you will have very little contact with clients, if any, and feedback will usually come from busy senior lawyers overly conscious on how much you have or have not billed on the matter. This is still somewhat the case within a small firm, however, it is much more likely you will be dealing directly with clients, which I found much more satisfying. The analogy of a factory is most appropriate when discussing a large commercial firm. Large quantities of work flow in from large corporations who want the best product for the least cost. To achieve the quality and cost pressures, large commercial law firms have applied the Henry Ford style assembly line to providing legal services. The firm is split up into smaller teams specialising in particular areas of law. Within these teams there are certain people who specialise even further. When legal work comes into the firm it is split up and given to the most appropriate team. Within that team each person will have specific tasks. This means in a large firm you will rapidly become an expert in a particular area, but know next to nothing about everything else. You will learn and progress quickly, but narrowly. This may be the most economically rational ideology, but
it may leave you wondering why you had to study all those other unrelated units at University. Working at a large firm in the city has many benefits. You will have an organised, well-structured beginning to your legal career. The large HR team will look after you and make sure everything nonbillable is done for you. Perhaps most importantly you get a smug feeling knowing you work at a top tier firm with a recognisable name. This is a greater motivator then you may think. The small rural firm that I worked in had less than 10 lawyers. The same pressures apply to this kind of firm as to a large city firm – it would be negligent not to acknowledge that law is law wherever you go. We work to make money and we are employed to make the partners money. However, the difference between the large city firm and small rural firm comes from pure mathematics. There are fewer people. Fewer people means you are a much more necessary part of the firm. It’s the big fish in a small pond principle. Not only does this mean a more personal relationship with everyone in the firm, but you will be required to cover greater areas of law with less supervision. In this regard, the road to expertise in a small rural firm may be a longer one. In the end, personality will dictate which type of environment you will enjoy more. I must also note that the particular team that you are placed in and the leaders of that team will be the largest influence in your legal experience. My advice is to take every opportunity that comes your way, and definitely do not rule out working in a smaller firm, whether in the city or in rural Australia. * Name has been changed to protect the author’s identity and/or professional reputation.
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Life After Law
Current Issues in Law: Human Rights
Josh Zwar
What is Australia doing to improve the protection of Human Rights? By Tina Dolgopol
I did law at Flinders because I was rubbish at maths and didn’t know what else to do. This is a pretty ordinary reason, I’ll admit. I did know I was interested in politics, OK with language, and that I wanted to help people. For a long time the most important thing I’ve wanted out of a job has been purpose. Meaning. Satisfaction. To get to the end of my life one day and not regret the course it had taken. When people asked me what I was going to do after Uni I would say “Oh, I don’t know. Probably not practice, but work for an NGO like World Vision.” This year I was fortunate enough to secure a graduate position at World Vision Australia, so here I am, working in their advocacy department. On a day-to-day basis, that means helping to educate the Australian public about poverty and injustice, running campaigns, and lobbying our government on behalf of the world’s poor. It’s a satisfying and enriching position, and I wouldn’t be where I am without law. Studying law is a funny thing. If you study radiography, you’re going to be a radiographer. Probably for the rest of your life (which is great if you love that kind of thing). I’ve heard half of law graduates never practice. And of the 50% who do, in two years half of them will have left practice. It would seem then that law provides multiple career possibilities (or else 75% of lawyers are unemployed). All through uni people would ask me: “Do you enjoy what you’re studying?” If I answered truthfully I would have said no. No, I didn’t enjoy staying up at night figuring out when hearsay evidence was admissible under which Act, whether anyone really had an eggshell skull, or whether equity was going to “step in” and totally mess with everything I’d just learned. But I knew that studying law was going to open doors that would otherwise remain closed if I had only ever pursued what I enjoyed learning about.
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For one thing, a legal background commands a bit more respect than if I had just done my Arts degree (which I enjoyed). It also tests your abilities in ways other subjects may not. You learn resilience and hard work. Hopefully you will learn how to write, research, and argue. You will also learn how to stand up in front of others and advocate. These skills will be useful in any number of positions. The knowledge gained through a law degree is also a valuable asset. To understand how the government works is a valuable thing. To have some basic idea of public liability or intellectual property or corporations law can also come in very handy. I actually really enjoyed my placement at a commercial firm. It was great to learn a little of how the world works through reading case files and being exposed to real clients. I also worked with some brilliant minds and appearing in court was a thrill. I would encourage people to be open-minded towards their placement and legal practice. If nothing else it will open yet more doors for you. Make the most of your time at university. Go on exchange, join a club, volunteer with a charity, be a clerk and do an internship. Work hard at law. It will set you apart. You never know, because of it you might end up doing something you enjoy. Josh Zwar was admitted as a barrister and solicitor in April 2011. He works for World Vision Australia in Melbourne.
During 2009 the Commonwealth government organised a National Consultation on Human Rights (often referred to as the Brennan committee). Although the government rejected one of the main recommendations of the Consultation Committee – that Australia adopt a Charter of Rights – it did accept many of its other recommendations, including the need for a better understanding of the manner in which Human Rights are or are not protected in Australia. (See Australia’s Human Rights Framework released by the Commonwealth Attorney General in 2010). At the moment, the Commonwealth government is creating a Baseline Study of Human Rights Protection in Australia as the first step toward the creation of a National Human Rights Action Plan. The purpose of the study is to identify the manner in which human rights are protected in Australia and to highlight issues where further action is needed. The draft document released in June this year outlines the present ‘state of play’ and then raises questions that might be considered if Australia’s promotion of human rights is to be improved. Whilst many community organisations have welcomed the release of the draft Baseline study, many of them have expressed their concerns about the narrowness of the issues identified for further consideration. For example, the draft Baseline study identifies Indigenous Australians as being a group that experiences particular disadvantage in terms of the protection of its human rights. In separate consultations with Indigenous Australians concerns have been expressed routinely about the failure to respect Indigenous people’s right to selfdetermination and to be consulted about matters
affecting both individuals and communities. Those consultations have stressed the need to strengthen ‘Indigenous governance structures and … leadership at all levels.’ (Draft baseline study at 20.) However, as noted by commentators, the section on issues that could be addressed by a National Action Plan does not include reference to the importance of selfdetermination and consultation with Indigenous People. Criticisms also have been made of the section touching on Australia’s treatment of asylum seekers. Despite acknowledging that Australia has been repeatedly criticised both by domestic commentators and by various United Nations and other bodies for its system of mandatory detention, the report does not suggest a further review of that policy but rather accepts the government’s position ‘that mandatory detention is an essential component of strong border control’ (Draft baseline study at 88.) The only issue raised as requiring further consideration is the manner in which individuals in Immigration Detention might be given greater support. Many law students have an interest in these and other areas discussed in the draft Baseline Study. I would urge all of you to read through the study, to make submissions about matters that are of concern to you, and to follow the development of our first National Human Rights Action Plan. Associate Professor Tina Dolgopol has published in the fields of human rights, children’s rights, and women in armed conflict. Ms Dolgopol is a co-author of the Law Society of South Australia’s submission to the Human Rights Consultation.
The Jurist – Issue 3, 2011 35
Hone your skills with the CELC
Know Your Bench: The Quiz
Annabel Krantz and the CELC
Annabel Krantz
If you want a little more help to prepare, or to make sure you’re on the right track, check out the services offered by the Careers and Employers Liaison Centre. Careers and Employers Liaison Centre Open 9am and 5pm on weekdays (on the 3rd floor of the Student Centre, next to the Sports Centre) Email: careers@flinders.edu.au Phone: 8201 2832 Web: www.flinders.edu.au/careers Drop in Sessions Drop by the CELC for a 15 minute one-on-one chat with the careers experts; it’s a great chance for you to raise quick queries or ask for some advice; you could ask about post–grad studies, how to get the most out of uni, or for feedback on your resumes and applications. If you want to drop by, register 30 minutes prior to the session starting; there’s a ‘first in, best dressed’ policy. Drop In Times – Monday – 3.00pm – 5.00pm – Tuesday – 9.00am – 11.00am – Wednesday – 9.30am – 11.30am – Thursday – 2.30pm – 4.30pm – Friday – 11.30am – 1.30pm Career Consultations More in depth than a drop–in, a careers consultation gives you 30 minutes to explore your career path, discuss strategies for applications, learn how to market your skills and identify the options your degree gives you. Get a referral from the Career Development Consultant to make an appointment.
E–Consultations The CELC is tech–savvy, with skype consults for those who can’t get to the Careers Centre. They can last 20 minutes, and let you ask all your questions face-to-face (more or less). Book over the phone and make sure you have a Skype account. Skype consultation times are available Friday 2.00pm – 4.00pm.
1. Who was the last bearded judge to sit on the High Court of Australia?
Resume Clinic If you’re in your final year, applying for grad positions, need help marketing yourself in an application, are applying for casual work, or just want to be prepared for a time when a resume is needed, you can attend a group session (up to 4 students), and spend 1 hour honing your resume so as to best present what you have to offer. Book by phone or in person, and make sure you have an electronic copy of your resume on hand.
3. Which current High Court judge has been compared to AFL legend Gary Ablett, known in football circles as “God”?
Resume Clinic times – Tuesday – 11.30am–12.30pm – Wednesday – 1.00–2.00pm or 2.00–3.00pm – Thursday – 1.00–2.00pm – Friday – 9.30–10.30am or 10.30–11.30am
2. In a High Court matter heard during the 1980s, counsel attempted to tender a fish tank containing a live aquatic animal. What type of aquatic animal did the tank contain and, for bonus points, what was the name of the case?
4. Which member of the High Court chose a career in law rather than science after being informed by his Science Dean that: ‘You express yourself magnificently, but I am not sure you know what you are talking about’? 5. How many indigenous barristers have appeared before the High Court? For bonus points, name the year in which an indigenous barrister first appeared before the High Court?
6. Which of the following is not the title of a speech by Chief Justice French? (a) ‘Dolores Umbridge and the concept of policy as legal magic’ (b) ‘Making your own fun in intellectual property law’ (c) ‘“I am the law”: Judge Dredd and the Politics of Judicial Activism’ (d) ‘A Hitchhiker’s Guide to the Native Title Act’ (e) ‘Legal Retail Therapy – Is Forum Shopping a Necessary Evil?’ (f) ‘Declarations – Homer Simpson’s remedy – is there anything they cannot do?’ 7. During last year’s High Court Trivia Quiz we revealed that Justice Kirby’s fan club on Facebook had 2539 members. Upon his retirement from the Court, the Justice Michael Kirby Appreciation Society had grown to an impressive 4119 members. Now that Justice Kirby has retired, which current member of the High Court boasts the Facebook fan club with the most members? Answers on page 43.
Interview Clinic An interactive session (up to 4 students), designed to prepare you for all kinds of interview formats; panel, one-on-one, two-on-one, telephone, skype, group, and so on. You will get individualised tips depending on which jobs you’re interested in applying for, and the type of interview you are expecting. Interview Clinics are available on Wednesdays, 3.00pm – 4.00pm.
Consultation Times – Monday – 9.00–11.00am or 12.00–1.00pm – Tuesday – 2.00–4.00pm – Thursday – 9.30am–12.30pm
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The Jurist – Issue 3, 2011 37
Hall of Fame: Elle Woods Laura Dowling The Actress: The ever-so-gorgeous Elle Woods is played by the equally gorgeous Reese Witherspoon. Her Career: Californian sorority girl Elle Woods studied fashion merchandising before going to the ivy-league Harvard Law School. She originally applied to Harvard to re-kindle her relationship with her ex-boyfriend (a fellow Harvard attendee). Although originally considered a joke by many (let’s be honest, most) of her classmates and teachers, Elle was determined to be taken seriously. Much to at the surprise to those around her, Elle proved to be smart, compassionate, and hardworking. She eventually earned her Juris Doctor and began working at Capitol Hill following her graduation. Hobbies: Elle has a passion for all things pink and is very much a social butterfly. She loves everything to do with fashion and makeup – she even has a Versace VIP card, which is only available to people who have shopped on at least 5 continents! She is also interested in animal rights and passes a bill through Congress in order to speak out against animal testing for cosmetics. Above all, she has a passion for doing the right thing and correcting injustices. Relationships: Elle’s ex-boyfriend, Warner, dumped her because she was not “serious” and not enough of an asset to his future legal and political career. After numerous attempts at wooing him, she finally realised that he was really a loser and moved onto greener pastures. Elle ended up marrying a much better suitor, the “good guy” attorney Emmett Richmond. Biggest Obstacles: Elle’s biggest obstacle was to overcome the negative perception that people had of her. Many people told her not to go or even to apply to Harvard, including her parents, who claimed that people who went to law school were “boring and ugly and serious” (pfft…what would
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they know?). Once she got in, people told her she was too dumb to be there and constantly ostracised her. But through hard work and perseverance, Elle managed to prove all of these people wrong and became successful in fighting for what she believed to be right. Most Memorable Quotes: – “Bend and snap!” – “Exercise gives you endorphins. Endorphins make you happy. Happy people just don’t shoot their husbands. They just don’t!”
The Malaysian refugee deal: what went wrong?
Sudoku Page
Jess Kamleh Easy
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Puzzle 4 (Medium, difficulty rating 0.48)
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The Jurist – Issue 3, 2011
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Generated by http://www.opensky.ca/~jdhildeb/software/sudokugen/ on Thu Sep 8 13:08:04 2011 GMT. Enjoy!
The Deal The agreement between Australia and Malaysia was as follows: Australia would transfer a maximum of 800 asylum seekers, who have either travelled irregularly to Australia or have been intercepted at sea while trying to reach Australia by an irregular means, to Malaysia. In return, Australia would agree to resettle 4,000 persons found to be refugees by the United Nations High Commissioner for Refugees (UNHCR) in Malaysia. The agreement was pursuant to s 198A(3) the Migration Act 1958 (Cth), which allows the Minister for Immigration to transfer refugees for processing to a declared third country.
The Finding The High Court held that the agreement was invalid by a 6:1 majority, with Justice Heydon dissenting. The Court made the injunctions that had been granted earlier permanent. The High Court found that under s 198A of the Migration Act the Minister’s declaration of a specific country could not be valid unless it has met the necessary
The Issue The government announced that the Malaysian Agreement was made pursuant to the Minister’s power under s 198A(3). However, it was argued by the plaintiffs that the Minister was not authorised by s 198A(3) to make the declaration regarding the Malaysia Deal. Section 198A(3) states: ‘The Minister may: (a) declare in writing that a specified country: (i) Provides access, for persons seeking asylum, to effective procedures for assessing their need for protection; and (ii) Provides protection for persons seeking asylum, pending determination of their refugee status; and (iii) Provides protection to persons who are given refugee status, pending their voluntary repatriation to their country of origin or resettlement in another country; and (iv) Meets relevant human rights standards in providing that protection; and (b) in writing, revoke a declaration made under paragraph (a).’ Refugee lawyer David Manne argued that Malaysia was not a suitable country to transfer asylum seekers. Another issue he raised regarded Australia’s responsibility and obligations to protect unaccompanied children.
criteria. In this instance, the High Court found that the criteria were not met by Malaysia. Furthermore, not only do the criteria listed from s 198A(a)(i)-(iii) have to be met, but the country must also meet particular human right standards when providing asylum seekers with protection (s 198A(a)(iv)). The Court held that the Minister did not have any other power under the Act to remove asylum seekers from Australia when their claim had not yet been determined. If the government is to remove asylum seekers from Australia, it must therefore be under s 198A, and they must be sent to a country that meets all the necessary criteria. The power conferred by the Minister under s 198 to remove ‘unlawful noncitizens’ can only be used subject to s 198A. A major factor that influenced the Court’s finding was the fact that Malaysia was not a party to the Refugee Convention or its Protocol. The Court also found that Malaysia was not legally bound to provide protection to the asylum seekers that s 198A
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requires and it was not legally bound to recognise the status of refugee in its domestic law. In its decision the Court did not examine s 198A(iv) and whether Malaysia meets the necessary human rights standards to provide protection for asylum seekers and refugees. Implications The High Court case may now have an impact regarding the transportation of asylum seekers from Australia to the Republic of Nauru (Nauru) or to Papua New Guinea (PNG). The government could alternatively change s 198A of the Migration Act and lower the threshold, however, with a minority government it is highly unlikely that the bill would pass through parliament. The government is already negotiating with PNG to reopen the detention centre on Manus Island; however, a media release regarding the implications of the case made by three advisors to the minister have strongly indicated that unless there are significant developments made regarding PNG’s international obligations or their domestic law regarding refugees, an agreement will not be held valid under s 198A. With Nauru now a party to the refugee convention
and protocol, an agreement regarding the transfer of asylum seekers could be held valid. However, it appears that this is not a determinative factor as to whether an agreement would be held valid. It would still need to be shown that effective procedures are in place and protection is provided. Furthermore, there will still be the need to satisfy the relevant human rights standards. If the government were to satisfy these threshold requirements it is possible an agreement with Nauru could be held valid; if not, it is unlikely any agreement would be valid. The government has repeatedly treated asylum seekers as objects at their disposal, and they appear to use every resource available to them to prevent these human beings from making a legitimate visa application. The real question the government should ask itself is why both they and the opposition have felt the need to sidestep their obligations under international law regarding the protection of refugees. This should not be considered okay. I understand the government feels it must put mechanisms in place to deter would-be asylum seekers, but each new policy has attempted to push legal boundaries that little bit more over the edge. This time the court rightly held that they had gone too far. It is time for new, more humane immigration policies.
Food: Study treats in under 5 minutes Jess Kamleh Need to turn over another page of your readings? Make Apple Turnovers instead! Preparation time: 1 min Cooking time: 3 mins Serves: 2 Ingredients: – 1 cup of sliced apples – 2 tbs sultanas – 1 tbs brown sugar – pinch ground cinnamon – 1 frozen puff pastry sheet – chilled custard or ice cream, to serve
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Method: 1. Combine apple with sultanas, brown sugar and cinnamon in a bowl. Preheat an electric toasted jaffle maker. 2. Cut the pastry sheet in half. Lay one half of the pastry across the 2 indents. Top with apple filling and cover with the other half sheet of pastry. 3. Close jaffle maker, but don’t clip shut. Cook for 2-3 mins until golden and pastry is crisp. Serve with custard or ice cream.
Know Your Bench: Quiz Answers Annabel Krantz 1. Answer: Justice Charles Powers, who retired from the Court in 1929. In Graham Fricke’s book, Judges of the High Court (1986), Fricke writes: “Power’s conservatism was reflected in his nineteenth-century hirsute style. This style had been in fashion for a period of only three years when Barton, as a clean-shaven judge, was joined by Isaacs and Higgins.” 2. Answer: Abalone. Bonus Answer: Harper v Minister of Sea Fisheries (1989) 168 CLR 314. An article by Bradley Selway QC in the University of Tasmania Law Review reports that: “The Tasmanian Solicitor General attempted to tender a transparent sealed plastic box containing sea water and an abalone, apparently in an attempt to show that abalone were fixed and did not move. Faced with the prospect of closely watching the abalone for a lengthy period the Court suggested that the exhibit would not assist it and the attempted tender was not pursued.” 3. Answer: Justice Susan Crennan. Former Pyramid head Bill Farrow once described facing her in court as being “a bit like being picked for fullback against Gary Ablett”. 4. Answer: Chief Justice Robert French. Despite his Dean’s remarks, Chief Justice French went on to finish his Science degree, graduating from UWA in 1968 with a major in Physics. He has since spoken highly of a science education, saying that a ‘basic understanding of scientific reasoning, methodology and principles’ are of ‘inestimable value’. Scientific learning is a rare quality on the High Court – to the best of our knowledge, Lionel Murphy is the only other High Court judge to have completed a degree in science.
5. Answer: One. Bonus Answer: 2008. In May 2008, Lincoln Kingsley Crowley became the first indigenous barrister to appear before the High Court when he acted as junior counsel for the Crown in Cesan v The Queen; Mas Rivadavia v The Queen (‘Sleeping judge’ case). Of the several thousand barristers in Australia, just eight are indigenous. 6. Answer: (c) ‘“I am the law”: Judge Dredd and the Politics of Judicial Activism’ Although Chief Justice French has not given a speech with this title, some of you will recall his speech on judicial activism at last year’s conference, in which he made persuasive use of Judge Dreddfilm clips to support his arguments. That speech was given the relatively demure title of ‘Judicial Activists – Mythical Monsters?’ 7. Answer: Justice William Gummow. ‘The Gummow Club’ boasts 158 members and currently holds a substantial advantage over its nearest rivals: the ‘KM Hayne Appreciation Society’, which has 24 members, and the group ‘Justice Kiefel is My Hero!’, with 9 members. Worryingly for Justice Gummow, he has lost 16 members in the past year. As it stands, only these three sitting High Court judges have Facebook appreciation pages – Chief Justice French, and Justices Heydon, Crennan and Bell are currently without Facebook fans.
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Thank you to our major sponsor
Thank you to our ongoing sponsors Allens Arthur Robinson Baker & McKenzie Clayton Utz The College of Law Colthorpe Lawyers Corrs Chambers Westgarth Cowell Clarke Johnson Winter and Slattery Kain C+C Lawyers Kelly & Co. Lipman Karas Mallesons Stephen Jacques Minter Ellison Thomsons Lawyers Wallmans Lawyers 44
The Jurist â&#x20AC;&#x201C; Issue 3, 2011
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