The Jurist 2015 Issue 2 by Flinders Law Students' Association

The Jurist Issue 2 2015

The Jurist

Contents 4 Editorial 5 6 President’s Welcome Portfolio Spotlight: Activities 8 11 Features Reasonable Doubt by Alicia Jennison 12 Say Welcome 14 by Tanella Puccio Exempt from Jury Duty by Robbie Peschel 16 Client’s Perspective 21 The by Moira Murray My Aurora Project by Geoff Milani 22 of Puns 26 AbyWorld Alexandra Douvartzidis Sudoku 27 Dean’s Welcome by Kim Economides

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Dean’s Welcome by The Dean of the Flinders Law School, Kim Economides “Equity” is an ambiguous term susceptible to diverse legal, moral and financial interpretations. For lawyers with an appreciation of the foundations of the English common law, it refers to a jurisdiction supposedly concerned with fairness and justice administered in special courts designed to mitigate the harshness of the rigid application of legal rules, and in which so-called “maxims of equity” may be applied (in my experience – and I am not sure why - in law exams the most commonly cited equitable maxim tends to be, “He who comes to equity must come with clean hands”). Yet over time this equitable jurisdiction itself risks ossification and starts to resemble the very system it was intended to supplement, no doubt reflecting a basic legal antinomy that Roscoe Pound, a former Dean of Harvard Law School, once described as a pendulum-like swing in the historical evolution of law in which, “…there has been a continual movement in legal history back and forth between wide discretion and strict detailed rule, between justice without law, as it were, and justice according to law”. Equity, for most ordinary folk simply refers to being fair and impartial. While those in the business arena will think of equity as a quite different kind of value: the value of shares issued by a company. Equity has spawned the highly flexible mechanism of the trust, used not only to manage the intrafamily transfer of wealth but also the environment that we hand down to subsequent generations. So what meaning and significance does equity hold for us today?

This issue of The Jurist may begin to answer this question, and I am in no doubt that equity, as an idea, remains both topical and adaptable. For example, and by way of illustration, on my desk is the current issue of the newsletter of the Law Society of South Australia (The Bulletin Vol.37:7, August 2015), which takes as its theme “Gender Equity”, an issue gaining increasing visibility following the establishment by the Council of the Society last year of a “Gender Equity Working Group” (of which I am a member). The Working Group is making proposals and recommendations designed to address the invisibility of women in senior positions in the legal profession and respond to disturbing findings of the Law Council’s National Attrition and Re-engagement Study (NARS). There is also a “Women at the Bar Group” chaired by Sashi Maharaj QC who spoke so eloquently about gender equity at our Prize-Giving ceremony earlier in the year. The Chief Justice has also been giving his backing to gender equity with his new Step Up to the Bar program, designed to break glass ceilings by paving a way for a senior female solicitor to join the Bar, and in time increase the number of female judges. Flinders law graduate Daniella Di Girolamo is the fist woman to inaugurate this program. It would seem the time has come to engender equity, but it remains to be seen whether such initiatives ultimately will overcome unconscious as well as conscious bias and result in more female equity partners in law firms, and more senior female counsel and judges.

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Editorial Welcome to our second edition!

Special Thanks to:

Broadly, we themed our content around equity. Running an impromptu vox pop on what equity meant to them, many students struggled to define the concept or could only conceive of it in terms of judicial discretion to redress an imbalance. Social justice and the principles of a level playing field and equal opportunities for all. Interestingly, many of our contributors chose themes surrounding wellbeing and mental health. This is an encouraging sign that we are becoming more aware of needing to address and understand the particular challenges to mental health that the legal profession faces. With that in mind, FLSA has just wound up Wellbeing Week. We hoped everyone took time out to unwind through guided meditations, yoga, staying hydrated, eco-shopping, goodie bags, trampolining, informative panel sessions and a trip to the beach!!! All the best, Alicia, Giulia, Jack and Mara The Jurist

Our Sponsors; Lipman Karas ANU Legal Workshop Clayton Utz Minter Ellison Our Contributors; Alex Douvartzidis Geoff Milani Hannah Brimstone Michaela Olsson Moira Murray Robbie Peschel Tanella Puccio

President’s Welcome by FLSA President, Annika Beaty

Welcome to the second issue of The Jurist for 2015! The weather is steadily getting warmer, the law labs are as crowded as ever, and supermarkets have started selling fruit mince pies. It’s that time of semester. I hope you had a chance to get some rest and enjoy the spring weather over the mid-semester break. It is time to power through our final assignments and start looking towards exam preparation. This is a stressful period of the semester. If your final assignments were not due before the midsemester break, then they are probably all due this week. If you have finished your assignments, then you are probably starting to feel a little anxious about your exams. Even though we know how important it is to take breaks and pace ourselves, it is difficult to take time out for ourselves when the stress sets in. Over the past few years, students have increased the numbers of hours they work in addition to (usually) a full-time study load, and have also decreased their time spent on campus. Many of us have also decreased the time we spend each week keeping on top of our studies. Sometimes, we have too much going on to maintain a steady study schedule. As a result, assignments and exam preparation can be left to the last minute. Sometimes, this is simply unavoidable. However, it is possible to improve our study habits and productivity if we make small lifestyle changes over the next few weeks leading up to the exams. First, you must ensure that you are not taking on too many commitments during this busy time of year. Often we do not realise we are

overloaded until it is too late. We might agree to take on a few extra shifts at work, help out with a friend’s project, volunteer to take the lead on a committee initiative, or anything else that takes up a chunk of our time. However, this can lead to feeling stressed and frustrated that there are only 24 hours in a day. Secondly, we must schedule time for ourselves each week, to relax and recharge. Your wellbeing is a top priority, so take the time to nurture it. Take some time away from your computer and phone at least every few days, and disconnect from the rest of the world. The peace and quiet, while initially disconcerting, can be therapeutic. Additionally, it can be useful to sit down and plan exactly when you will finish that assignment, catch up on lectures, and study for the exams. Third, we must make an effort to keep our minds focused and our bodies healthy. As students, we already lead somewhat sedentary lifestyles. Maintaining a regular exercise regime can be hard, and sometimes the demands of working while studying (while doing everything else) will make it difficult to prepare healthy meals. However, in order to make it through the assessment and exam period, maintaining a healthy lifestyle is important. Even small changes such as taking your dog for a walk instead of scrolling through your Facebook newsfeed for 20 minutes will make a big difference to your day. Good luck! I hope you enjoy Wellbeing Week and the second edition of The Jurist. If you would like to get in touch with the FLSA committee, please feel free to send me an email at president@flsa.org.au or send us a message via our Facebook page. You are also welcome to drop into our office, room 1.08 in the Law/Commerce courtyard.

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ABOUT MINTER ELLISON We’re an Australian-based international ABOUT MINTER ELLISON

law firm offering a full range of legal We’reservices an Australian-based international to an impressive list of clients law firm offering a full range of across Australia, in Asia andlegal globally. Recognised for our clear thinking, services to an impressive list of clients our technical skills ability to acrossstrong Australia, in Asia andand globally. deliver practical solutions have led to our Recognised for our clear thinking, our involvement in the Asia Pacific’s most strong technical skills and ability to innovative and high-profile transactions. deliver practical solutions have led to our involvement in the Asia Pacific’s most innovative and high-profile transactions.

OUR PRACTICE TEAMS OURCommercial BUSINESS UNITS Litigation ANDCorporate DIVISIONS

Commercial & Services Regulatory Financial Group Human Resources & Industrial Relations Dispute Resolution Insurance & Corporate Financial Institutions GroupRisk Real Estate, Environment & Planning Human Resources & Industrial Relations Workers Compensation Insurance & Corporate Risk Mergers & Acquisitions Projects, Infrastructure & Construction Real Estate, Environment & Planning Tax

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Portfolio Spotlight: Activities The Activities Portfolio has the role of organising all of the social events on the FLSA Calendar.

Nick Salagaras

Our activities aim to help students from all year levels interact in a non-academic environment.

Activities Director

We give students the chance to take a break from their studies, let their hair down and party. This year we’ve hosted: • First Year Dinner • Opening Party • Pub Crawl: How To Get Away With Drunk and Disorderly (Rundle Street) • The Annual Minter Ellison Law Ball • The Wallmans Wellbeing Quiz Night • Pub Crawl: Subpoena Colada (North Adelaide) Still to come: • Equity Lawn Balls (25th of October)

Bachelor of Laws and Legal Practice and Bachelor of Commerce (Sustainability) Favourite Activity: The Minter Ellison Law Ball This is my second year on FLSA; first as activities coordinator and now as activities director. My involvement in FLSA over the last two years has enriched my university journey. It has extended my friendship circle, and has made me appreciate that there’s more to uni life than just studying. It has been an honour organising all the FLSA social events over the past two years and I will continue to support them for the remainder of my degree. My proudest moment would have been when the doors open at the 2015 Law Ball and everyone walked into the Adelaide Town Hall, as Alice Haddy played Alt-J – Breezeblock Live.

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Reyka Quiniones

Erin Eustace

Activities Coordinator

First Year Representative (Activities)

Bachelor of Laws and Legal Practice

Bachelor of Laws and Legal Practice and Bachelor of Science Combined Degree

Favourite Activity: The Minter Ellison Law Ball The best part about being Activities Coordinator is taking ownership of the events and having a sense of accomplishment when great things happen. The Activities Team and I will never be royals but we sure felt on top of the world having first semester pub-crawl sold out, witnessing how beautiful the Adelaide Town Hall turned out for Law Ball, and seeing everyone go all out for their costumes at Quiz Night. There have been some hurdles, so much hard work and the occasional goodnatured banter within the team but it’s been amazing. I’m so grateful to the rest of FLSA and the overall student body for being so supportive of our events. Hosting FLSA’s social events has definitely made my last year at law school a blast!

Favourite Activity: Semester 1 Pub Crawl FLSA has introduced me to so many new people and opportunities. I’ve enjoyed every moment of being a volunteer within the activities portfolio. As a first year representative, I liaised with all of the first year law students to get them interested and involved in activities such as pub crawls, law ball and the quiz night. I think the activities portfolio has maintained a high standard of professionalism alongside creating events for the law students which are enjoyed by all. The first semester pub crawl introduced me to many people, and I had fun dancing and getting to know my fellow first years. I hope to continue to be a part of the Flinders Law Students Association, particularly the activities portfolio.

Special Thanks

Vishal Ohavji Activities Coordinator Bachelor of Laws & Legal Practice combined with Commerce (Finance & Accounting) Favourite Activity: LAWN BOWLS! (I just know it will be a winner) Buongiorno, I am a tired sixth year student studying a Bachelor of Laws & Legal Practice combined with Commerce (Finance & Accounting). A wise rapper named Drake once said ‘that I live for the nights that I can’t remember, with the people that I won’t forget.’ I joined the FLSA activities portfolio because I wanted to encompass every student with that special opportunity. For the sake of every students’ sanity, I wanted to provide them with a sense of exuberant release during times of immense university stress. My favourite event for this year is still yet to be celebrated. It is the highly anticipated Lawn Balls Clubhouse Party! #SubliminalAdvertising

A special thanks to everyone who has made donations to our all our events this year. This would not happen without their support, so please give them some support back! Africola Alfresco 2 Cakes and Gelati Big Bang Brewing Boulangerie 113 Café Prime Marion Dorren Wine Endota Glenelg First Pour Melbourne Street Fresh Stems Jenny’s Gourmet Bakery LB Events Montezumas Mexican Restaurant Melbourne Street Pirate Life Brewing Pizza Peppers Prancing Pony Brewery Raw and Real Cold-Pressed Juicery and Kitchen San Churros Marion Saver Glass Australia St Louis Gouger Street The Red Mill Caffe Bakehouse

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Features

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Reasonable Doubt: Adnan Syed’s Case

by Alicia Jennison

A couple of months ago a friend recommended that I listen to a podcast called Serial. I initially brushed the suggestion off, as I had never really thought much of podcasts. Days later when my car radio crashed, the thought of downloadable podcasts seemed more appealing. So I downloaded Serial and haven’t looked back from podcasts ever since. Serial is a 12-episode series that follows the story of the 1999 murder of Hae Min Lee. Hae’s ex boyfriend, Adnan Syed, was convicted of her murder and has remained in the Baltimore jail ever since. But the story isn’t as black and white as that. This is one of those cases where the application of the ‘reasonable doubt’ threshold by jurors is questionable. One may wonder whether the jurors simply convicted based on it being more likely than not that Adnan killed Hae, rather than it being beyond reasonable doubt that Adnan killed Hae.

The Prosecution’s Case • Adnan and Hae were in a relationship • Adnan had to lie to his family about this relationship as he belonged to a Muslim family who did not approve of dating • Adnan went against his religion and risked everything for Hae • Hae broke up with Adnan and commenced dating someone else • Adnan was furious Hae disrespected him so he strangled her on January 13 1999

On the day of January 13 1999: 12:00pm - Adnan and his friend Jay go to the mall. Adnan leaves his car and phone with Jay. He goes to school 2:15pm - School finishes 2:36pm – Adnan calls Jay from a pay phone at ‘Best Buy’ and tells him he has killed Hae and needs a lift 2:44pm – Jay picks up Adnan and they hang out for a while 4:00pm – Jay drops Adnan off at track practice 6:00pm – Jay picks up Adnan and they go to a friend’s house 7:15pm – Jay and Adnan go to a public park ‘Leakin Park’, to bury Hae together The timeline was corroborated by evidence from Jay and by incoming calls to Adnan’s phone. The problem with the prosecution’s timeline is that there are only 21 minutes from the time school lets out to the time Adnan supposedly calls Jay from a pay phone after he killed Hae. Further, a witness testified at trial that Hae got food from the school cafeteria at 2:25pm. This would leave only 11 minutes for Adnan to drive with Hae to Best Buy and strangle her in the parking lot. At trial, Jay’s story was often conflicting. For example, he said he and Adnan went to get weed at a certain place, but later he said they did not do this as it conflicted with the prosecution’s timeline.

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Adnan’s Version of Events 12:00pm - He went to the mall with Jay, consistent with the prosecution timeline. He gave his car and phone to Jay and went back to school 2:15pm -Once school finished, he went to the public library until track practice 4:00pm - Track practice 6:00pm - Jay picks him up after track practice and they go to a friend’s house 7:20pm – Adnan drops Jay off 7:30pm – Adnan goes to the mosque The jurors are faced with the dilemma that Jay and the prosecution’s timeline pose some serious problems. Such as, how could Adnan have possibly killed Hae at Best Buy within 11 minutes from the time Hae was spotted at school? You may be thinking, Adnan could have simply killed her at some later time that day? However, if this is the case, the evidence provided by the incoming calls, which corroborate Jay’s story, doesn’t match up. Adnan is spotted at track practice at 4pm so he had to have killed her between 2:15pm and 4pm. The only call to corroborate Jay’s story that he received a call from Adnan to say he’d killed her, was the 3:36pm call. The 11-minute timeframe is a stretch, and surely would cast reasonable doubt? Jurors must ask, if Adnan didn’t kill her, then who did? Jay? But if Jay killed her, why would he have gone to the police and admitted to helping Adnan bury the body? This is what the jurors in Adnan’s case rationalised; they thought if Jay did it there’s no way he’d come to the police at all. It had to be Adnan.

One piece of evidence the jury did not get to hear was the testimony of Asia McLean. Asia was interviewed for the podcast. She said she saw Adnan at the library at 2:30pm. Asia could have been Adnan’s alibi. She wrote letters to Adnan to this effect before he was convicted. Adnan told his lawyer, but for some reason his lawyer never followed this up. The lawyer has since passed away. The Asia alibi may seem enough to cast reasonable doubt, however, there are still unresolved questions that are very damming for Adnan’s case. Why would Jay make all of this up? If it was a ploy to cover up the fact that he murdered Hae, what was his motive? How could he come up with such an elaborate story framing Adnan? The evidence that they were at Leakin Park was corroborated by two incoming calls to Adnan’s phone at 7:09pm and 7:16pm. Adnan admits to being with Jay (and his phone) at this time but not at Leakin Park. But why did the calls show they were at Leakin Park? As it can be seen, there’s a lot of evidence against Adnan. But there are also a lot of inconsistencies and flaws with the prosecution case. Do I think Adnan killed Hae? Probably. But ‘probably’ is not meant to cut it under the criminal standard of proof. So, did the jury decide correctly? Should Adnan get a re-trial? The Maryland Court of Special Appeals thinks so. Listen to the podcast to hear the full story and decide whether you think Adnan Syed is guilty beyond reasonable doubt. The story is truly captivating. Trust me you won’t regret it.

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Say Welcome by Tanella Puccio “[N]o one puts their children in a boat unless the water is safer than the land.” - Warsan Shire in her poem ‘Home’

The public debate regarding asylum seekers and refugees has long dominated our political and maedia conversation. Our headlines have been inundated with dark stories of desperation, alongside extensive secrecy regarding our immigration policies, resulting from the current political campaigns aimed at ‘stopping the boats’. Most recently we have seen the dark reality of what is happening in our world, with the heart-breaking image of young Aylan Kurdi’s death at sea. Despite this darkness, there are inspiring people at the organisation, Welcome to Australia, who are working in the hope of promoting the Australia many of us believe in, one that is welcoming, inclusive and diverse.

people who have come across the seas. One of their many initiatives is the Welcome Centre in Adelaide. The Welcome Centre establishes connections with those newly newly settled here by providing English classes and material aid to refugees, and by facilitating community dinners and Welcome Barbies. Through similar initiatives and various others throughout Australia, Welcome to Australia aim to simplify the debate surrounding our newest neighbours. Rather than continue to brand the people who have come across the seas as asylum seekers or refugees, the emphasis is on the message that as people, we are all equal. As an expression of this principle, the annual event Walk Together was created, which takes place in cities and regional centres all over Australia.

AboutWelcometoAustralia? Walk Together 2015 Welcome to Australia is an organisation that is almost entirely run by volunteers who are committed to engaging the Australian community in a culture of welcome. It began as a discussion between individuals and not for profit organisations, with the aim to steer the negative public conversation surrounding refugees and asylum seekers towards one that is positive and compassionate. In order to stimulate this, as well as social and political change, Welcome to Australia facilitates a range of opportunities for communities Australia-wide to build relationships with the

Regardless of political, religious, social, or racial background, all are invited to attend, say welcome, and celebrate the compassionate multi-cultural society we strive for. Simply attending this event helps encourage a culture of welcome amongst the community and aids in dismantling the fear and prejudice which has plagued our headlines and politics. Let us, as individuals, aid Australia on the same path as the citizens of Germany and Iceland, who lead an inspiring example of cultivating a culture of welcome by opening their hearts and homes to refugees.

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With YOUR help, the event will be a big celebration of diversity as well as a loud expression of the welcoming and inclusive nation we know we can achieve. The South Australian Walk Together will begin at 11am on Saturday the 31st of October. The meeting point is at Festival Plaza (behind Parliament House) and will end with a family-friendly welcome picnic in Whitmore Square. Come along for some fun and change the refugee conversation with a simple step (or two!) in the right direction towards an equal, just and diverse Australia. It is time to embrace diversity as common people with common dreams in common unity.

#SayWelcome and Walk Together on October 31st For more information visit: https://www.facebook.com/ WelcometoAustraliaSA Join the Walk Together Adelaide Event page: https://www.facebook.com/ events/417606228423852/ Alternatively, you can contact the team directly at sadirector@welcometoaustralia.org.au

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Exempt from Jury Duty:

A Law Student’s Perspective of Depression

by Robbie Peschel

We now have a World Mental Health Day (October 10), Mental Health Week across Australia and an R U OK? day (September 10th). The Australian Law Students’ Association (ALSA) and Flinders Law Students’ Association (FLSA) both have wellbeing or awareness weeks for mental health. Those initiatives are fantastic and should be applauded. However, mental health covers a broad spectrum of issues, from bi-polar personality disorder to schizophrenia. The list is extensive. So, although awareness is raised about mental health, it isn’t something that is easily explained. Awareness weeks are sort of like ‘clickitivism’. They’re talked about for a week without real in-depth understanding, and then it’s onto the next awareness raising initiative. Someone without experience of a mental illness, such as depression, may go, “Oh - depression, that’s like, the sads, right?”

“Don’t become a mere recorder of facts, but try to penetrate the mystery of their origin.” - Ivan Pavlov

It’s much more than that. For example, you wouldn’t call work and say you are too depressed to make it in. It sounds vague, unreal and potentially stigmatising. Depression affects people in different ways, and while those awareness initiatives help, they don’t really make people understand what depression is and how it feels to be depressed. Robin Williams’ untimely death through depression last year has made people more aware of depression and that it can potentially lead to suicide – but not always. It can linger and slowly tear you apart on the inside without suicidal ideations. It can be self-destructive. There is a lot of shame and embarrassment around mental illness. Those R U OK? days may not do a lot to help people who ask cope with troubling answers:

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“Dude, are you OK?” “No, because I feel like I am crying on the inside and no one gives a s***”

“It isn’t the mountains ahead to climb that wear you down. It’s the pebble in your shoe.” – Muhammad Ali

What those initiatives do though, to some extent, assist in removing the stigma around mental illness. Something that allows the recognition of mental health issues as valid illnesses, rather than a weakness or a ‘cop-out’. There have been many articles on depression within the law fraternity in the past few years, which has served to acknowledge the high rates of depression within the legal community. A study by the Law Society of New South Wales during 2011 reported that 46.9% of law students have experienced depression at some point.

One thing that many law students worry about when admitting they have depression is the feeling that they will be derided for not being able to cope. “How can you make it in the profession if you can’t handle it now?” This is the problem with the stigma around depression. As a full-time law student for nearly four years now, I can relate to the pressures and self-doubts of the average law student. Of course everyone gets sad when they aren’t getting the marks they want, or falling behind in a topic. Law school basically can become your life and for some it isolates you from people outside law school.

However, figures and facts don’t really assist people in understanding what depression is, what it feels like (which varies from person to person), and what it can do to a person. Law students are also reluctant to talk about their experience with depression in fear it may affect their reputation, social status and career chances. During the first week of September the star AFL Sydney Swans player, Lance ‘Buddy’ Franklin admitted to experiencing mental illness and withdrew from the rest of the season to recover. This exemplifies that mental illness does not discriminate. It can happen to anyone.

“I used to think the worst thing in life was to end up alone. It’s not. The worst thing in life is to end up with people that make you feel all alone.” – Robin Williams

A week or two after that, I was at breaking point myself, and I finally faced the fact that I was severely depressed. I have experienced mild bouts for a long time. It’s okay to be sad sometimes, it’s not okay to be sad all the time. Depression is more than a feeling of sadness however. I decided to write this article because I wanted to give an active law student’s perspective of what it is like.

I have made wonderful friends at law school, and have a great support network outside law school, but no matter how many supportive friends or family you have, depression still makes you feel alone, sad, lost and hopeless. Garry McDonald, the Australian actor, described his depression as a ‘fog’ on Australian Story during Mental Awareness Week. My own description of depression, especially the severe bout I experienced during 2015, is that it feels like a deep black hole you keep spiralling into. McDonald hid in his bedroom, I withdrew to my study at home and struggled to come to university because I didn’t want to talk to people or was experiencing anxiety during lectures and did not want to be there.

Another aspect I wanted to contribute to is to give specific examples of how I experience it because depression is often discussed in a very general way and with a gendered difference in perceptions of depression between men and women.

When I started law school, I was excited, sociable and friendly. I worked extremely hard, passionately sitting in front of a computer or grabbing books off the shelves in the library. I pulled 10 hour days a couple of days a week just working on my assignments.

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It wasn’t because I was competitive, I was so proud and happy to be at law school. I quickly made friends and attended social events. As I previously mentioned, I had experienced small and mild bouts of periods of sadness before, but while at uni this wasn’t the case until 4th year, where I struggled a bit. By this time, I had also become isolated from people from outside university and I wasn’t about to turn around to someone in the law labs and tell them, “That things aren’t right.” I think I am a competent student, I enjoy what I do, but this feeling of sadness would not go away. There’s also a feeling you don’t measure up to other people, or sometimes you think you aren’t good enough – not the inherent self-doubt that law students feel when they are about to submit an assignment, but a feeling that you aren’t interesting enough or smart enough. Those thoughts keep eating at you and distracting you. You keep thinking or hope it will go away eventually, but it doesn’t. Some people with a mental illness, who don’t want to admit it to themselves or others, may end up self-medicating or engaging in risky behaviour. This can include abusing prescription or recreational drugs or alcohol. Of course, this only exacerbates and worsens the depression. Depressives might feel better for a while but then feel worse afterwards. “I’m living like there’s no tomorrow, because there isn’t one.” – Don Draper in Mad Men

Depressives have triggers. Maybe it’s the loss of a relationship, job or it plain just happens. The start of my spiral began during the 2014/2015 DLA Piper Jessup Cup. It was an enormous topic and one of my proudest achievements. This wasn’t what caused the depression, though it was underlying - waiting.

During the period of oral practice I had a serious accident on a pushbike, because I was riding like a 16 year old (“look Mum, no hands!”). I ended up with a ‘grade three’ dislocated right shoulder – the worst possible and I am right handed. This meant I could not work and because I could not work, things got a bit tight. I couldn’t buy that shirt I wanted or go out as often (not that I did much). I was in a lot of pain, yet I took on a full study load. I eventually had to withdraw from two topics because during that period I had an ongoing and long-running dispute which caused me enormous stress along with my injury, pain and inability to type properly. Eventually, I didn’t want to be at university anymore (a sign of depression is loss of interest in enjoyment and I generally enjoy being at university) and became withdrawn. I started spending more time in my study, watching Netflix – trying to block out all the negative feelings. But I could not even sit through a whole movie as I was restless and anxious (another sign). Then, I didn’t have a break after the semester ended due to judging the Red Cross International Humanitarian Law competition in Sydney for the ALSA conference. This effectively meant I had not had time off since the beginning of 2014 - I had undertaken an internship in my 2014 mid-year break. Law students are competitive; there is no doubt about that. Sometimes law school feels like a race. This is a mistake. During a period of reflection in the past week or so, I have recognised that my desire to finish my degrees quickly and at a high level, had left me burnt out. I was not the person I was when I started law school. I had become erratic, unreliable and unpredictable. It was me, but it wasn’t me. Law students, especially first years, should consider law school a marathon, not a race. So your law degree might take you an extra

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year, but at least you will be happier, heathier and have more time to pace yourself. “When ill luck begins, it does not come in sprinkles, but in showers” – Mark Twain

There was an operation to fix my nose which was performed before the ALSA conference. After that was an operation in the second week of semester two on my still dislocated shoulder which included a cartilage graft from my leg. Again, I was crippled for the semester and, again, had to withdraw from two topics. I was absolutely devastated about the operation, and the fact I was falling behind my peers. The operation was painful. I spent time with a close friend, but the rest of the time, I hid in my study, blocking out everything. I could barely bring myself to read FLO, which I used to read religiously. Because my behaviour had become erratic, and no one really understood what was going on, I saw less and less of my friends which drove me further into this hole. I was letting down my groups in topics and I felt guilty. After two more awful personal events- I finally admitted it to my close friends and sought help from my GP. I then made the decision to withdraw from the semester, but I was uneasy about doing so. I can honestly say it was probably the best decision I have made all year. It was a weight off my shoulders and family and friends finally knew what had been going on with me, so they could begin to understand why I had become this person as opposed to the person I was when I started my first torts assignment. To be able to talk openly to certain people about exactly how I felt and figure out why has been a massive step to feeling better and having a clearer headspace.

“The greatest discovery of my generation is that human beings can alter their lives by altering their attitudes of mind.” - William James

I also found that there is a difference in perception between how depression is perceived and dealt with between genders. I believe that there is a tendency among males not to disclose such information. As a society, we have been indoctrinated with concepts of masculinity, such as “boys don’t cry”, “man up”, or “don’t be a girl” (which is a whole topic in itself). This can effectively make male sufferers feel as though if they ask for help, it’s a sign of weakness. Thankfully such perceptions of masculine stoicism are changing. From my own perspective, a female may find expressing her feelings and vulnerabilities to be far more socially acceptable than a male would. However, a female who is depressive and admits to it can also be negatively described as ‘crazy’, ‘hormonal’ or ‘irrational’. All of which diminish her problems or issues, likely furthering her depression. Remember one of the first lessons you learn in law school – never assume. The person next to you might seem all okay and cruising through the assignments. They might seem to have it all happening. A perfect example is the character of Don Draper in Mad Men played by Jon Hamm, who also suffered depression throughout his life. Sometimes they just aren’t, and there isn’t a clear explanation for it, but they are too scared to admit to it, and turn towards themselves and feel a sense of emptiness despite any outward successes.

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“Constantly talking isn’t necessarily communication” - Joel Barish in Eternal Sunshine of the Spotless Mind

Words and actions have a huge impact on relationships of any kind. Because the word ‘depression’ and peoples’ understanding of it is often limited or there is a lack of recognition of the complexity of depression, people tend to say the wrong things. Some may take a patronizing position, i.e. “Other people have it worse than you”, “You just have to deal with it”, or “Life goes on” (the worst one). Or when trying to relate, “I had depression once” which overlooks the fact that people deal with depression in different ways. There are others, such as “Stop being selfish” or “You’re bringing me down”. None of which is helpful at all. Some of the best things you can do for a depressed person is letting them know you will be there if they need you - maybe for a talk, movie, or just to chill out together. And actually mean it! Even an offer of a hug, or making sure that you recognise their pain and assure them that they aren’t going to be a burden on you (this is a real fear for many depressives). Letting them know they mean something to you is also helpful. Depressives can be hard work, and perhaps you may need to evaluate your position and relationship with them. If you believe you are not a person that can help, at least explain your situation to them, and perhaps offer to be there when they resolve or start to manage their illness. Suddenly abandoning them or seeing them less may affect their self-esteem and drive them further down. If you say something helpful about being worried for them, maybe it will be the trigger that makes them seek help.

this article, but if this helps, then it is worth it. You may not experience depression or any other mental health issue ever, but it is likely you will meet many people in your life who are going through something (be it your parents or your future boss at a top tier law firm). Best wishes with your studies and make sure you look after your health, family and friends. Signs of depression can manifest in many ways Beyond Blue (www.beyondblue.org.au is a national organisation which aims to reduce the prevalence of anxiety and depression in Australia and the stigma surrounding these issues) suggests that if you have experienced several of the signs and symptoms listed below, you may be experiencing depression.

• • • • •

Not going out anymore Not being productive Relying on alcohol or sedatives Not doing usual enjoyable activities Inability to concentrate

Feelings • • • • • •

Overwhelmed Guilty Frustrated Lacking in confidence Unhappy Indecisive

Physical • • • • •

“It’s our instinct to chase what’s getting away, and run from what is chasing us.” - F. Scott Fitzgerald in The Great Gatsby

I hope sharing my experience has been insightful and perhaps given some insight into what it is like. I was ambivalent about writing

Behaviour

Tired all the time Sick/run down Sleep problems Loss or change of appetite Significant weight loss/gain

These symptoms don’t necessarily point to depression, but it’s worth considering seeing a health professional, such as your GP, psychologist, or the Flinders Student Counselling service(8201 2118) about your concerns if things don’t feel right.

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The Client’s Perspective by Moira Murray “I am a trial lawyer. Matilda says that at dinner on a good day I sound like an affidavit” -Mario Cuomo

By the time you finish your law degree and enter practice you are very adept at thinking objectively and distilling a problem down into its parts and applying the law to it. You can follow all the practices and procedures without having to think too much about it all. You can talk the talk and know all the jargon - even the Latin jargon (well most of it!) However, you will most likely have had very few opportunities to learn how to listen to and talk to the people whose legal problems need your expertise - clients. An important skill you should develop is your ability to see things from your client’s perspective. Another important skill is being able to explain to your client what is happening in a way that they can understand. It is important to remember that clients are not just a set of facts or a problem to be solved. Clients find it very hard to think objectively about their matter and they do not understand the law or its many practices and procedures or its jargon. What can you do to develop this skill of empathy? One of the easiest (and hardest) things to begin doing is listening. Really listening - not sitting there waiting for the person talking to you to finish

while you are thinking of what you want/need to say next. To really listen you have to consciously listen to and think about what the other person is saying to you. When they have finished talking to you rephrase or summarise what they said to you and ask questions to check you have understood what they said. Practice your listening skills as often as you can. The other excellent skill you can develop is writing and speaking in Plain English. Your clients write and speak modern English – as their lawyer you should too! Try and avoid the legal jargon where you can, or at least explain what it means. Drop the archaic words and use their modern alternatives. Google will throw up any number of websites dedicated to helping you do this. The law and its processes are extraordinarily confusing, intimidating and stressful for the client who comes to see you. A good lawyer recognizes this and takes the time to try and ease their client through the process. Put another way - clients rely on your skills to draft an affidavit but you don’t need to talk like one! Moira Murray is a Lecturer at the ANU Legal Workshop. She teaches Civil Litigation as an online course in the Master of Legal Practice Admission Courses and has an interest in how technology will change the way lawyers practice law. Or to put it another way - she spends far too much time on the internet!

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My Aurora Project Legal Internship by Geoff Milani Over the 2015 winter break, I completed an internship via the Aurora Internship Program with the South Australian Native Title Services Ltd (SANTS). I applied for the Program due to my interest in native title law and Indigenous policy, and moreover, it seemed like a promising capstone to my Law and International Studies degrees. Although I had previous academic experience via my Honours thesis and a background in policy through a legislative internship, an Aurora internship appeared to allow me a solid means of adding practical legal work – in native title – to my resume. Thus I was apprehensive when I was offered a communications internship with SANTS. Being a law and international studies student, I had no knowledge whatsoever of media tasks. I accepted the offer, thinking it would help to add diversity to my skill set, as well as add new perspectives to areas in which I had some existing knowledge. Succinctly, I am grateful I went through with the internship, as my communications exposed me to a range of issues far broader than those I was aware of through my university studies.

SANTS SANTS is a native title registered body (NTRB) established under the Native Title Act 1993 (Cth), having split from the Aboriginal Legal Rights Movement (which previously carried out NTRB functions) in 2008. Besides its statutory functions, such as assisting native title claimants, holders and prescribed body corporates in applications, ILUA negotiations, etc, SANTS is committed to – in the words of its strategic plan – ‘sustainable Aboriginal nations’. That is, SANTS is working to advance the aspirations of its represented groups in ways besides securing recognition of native title.

Work My work was extremely varied across my five weeks at SANTS. In the communications portfolio, I mainly wrote several articles for the winter edition of the services’ quarterly publication, Aboriginal Way. This ranged from legal or law-related issues such as the

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state government’s review of the Aboriginal Heritage Act 1988 (SA) and the Nuclear Fuel Cycle Royal Commission, to policy areas such as the federal government’s reports on alcohol in Indigenous communities and speeches by Noel Pearson and Mick Gooda on economic opportunities in Indigenous communities. Accompanying these detailed articles were targeted profiles, essentially giving readers a background of leading figures – or organisations – in native title. These included people like Noel Pearson, Irene Watson, Justice Mansfield and the Office of the Register of Indigenous Corporations and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth). With regard to ORIC and the CATSI Act, this (and similar profiles) was to improve community understanding of key players’ roles in the native title system. Similarly, I drafted a small number of detailed memos on areas such as the proposed constitutional recognition of Indigenous Australians, socio-economic benefits of native title generally, and the ALRC’s review of the Native Title Act 1993 (Cth). In contrast to the articles and profiles, these were solely for consumption within SANTS. Besides my communications work, I also performed some tasks for SANTS’ project and legal teams, adding to the breadth of my internship. This gave me the opportunity to shadow one of SANTS’ lawyers to a PBC directors’ meeting and case management conference in the Federal Court, take notes at a separate PBC directors’ meeting, and sit in on a full-day information conference about the ongoing Nuclear Fuel Cycle Royal Commission. To emphasise the constant theme of my internship (and article), my placement contrasted with that of other interns insofar as where others have a ‘focussed’ experience,

such as working on corporate constitutions, lease applications or ILUA drafting, mine was one of wide exposure but relatively little specialisation. This is not necessarily a bad thing; it has led to a better understanding of just how large – and multifaceted – the fields of native title law and Aboriginal and Torres Strait Islander policy are. Moreover, it enabled me to dip my feet into numerous areas of native title, allowing me to make more informed choices about future career paths.

Skill Set I opened by noting that I had no background in communications, and that part of my motivation in applying for an Aurora internship was to obtain practical legal experience. Having completed the internship, I can safely say that it has been of enormous value. Reflecting internally during my final hours at SANTS, I realised my work has strengthened my employability sevenfold, particularly in the legal sector. In the last few years, there has been judicial commentary that while law graduates and lawyers understand how law is made in that a bill is introduced in Parliament, is debated, passes both Houses, etc, they tend not to understand the practicalities of how law is made. That is, questions of policy that guide the making of law, and which are – or can – be relevant in statutory interpretation. Hence my communications internship, via the range of policy areas I engaged with, compliments my previous legislative internship: whereas one was rooted (in part) in politics, the latter introduces a ‘user’ perspective on native title. To give an example, I wrote a profile on ORIC and the CATSI Act on my last day at SANTS. I had not previously used the CATSI

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Act. Logically, there was little point in going through the statute and explaining the details of the duties it imposes on directors, the various replaceable rules that can be put in a constitution, the importance of a quorum at a meeting and so on, as those facts are unlikely to be of interest to a general readership. Instead, I delved into Hansard to tease out comments from Senate committee hearings and the Act’s second reading speech. What emerged was a basic understanding of structural flaws in the CATSI Act (at least as of the time it was enacted) and arguments as to why it was needed. A similar process occurred with my article on the Aboriginal Heritage Act 1988 (SA)’s review. The article was an opportunity to delve into the inquiry’s community consultation report and gain an appreciation of Indigenous dissatisfaction with the Act. While my experience was perhaps less conventional than some law applicants may wish, I emphasise that a similar placement is likely to be of aid in your future career, be it in policy or practice. Speaking personally, the internship helped me establish a more holistic understanding of native title, which is likely to be of assistance in my professional career.

How to Apply; To apply for an Aurora Project Legal Internship you need: • a strong academic record • an interest in the area of native title, social • justice and Indigenous affairs • strong cultural awareness and sensitivity • good interpersonal and communication skills • to be currently enrolled in, or have completed, • the Property Law component of your legal studies* • commitment to the minimum internship length. * You may still be eligible if you have completed a substantial part of your law degree but have not yet completed the Property component. For more information about the summer/winter internship placements with Aurora, head to http:// www.auroraproject.com.au/aurorainternshipprogram. Applications for the summer 2015/16 round closed on the 28th of August, but winter 2016 opportunities will be available early in 2016.

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Reviews

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Welcome to the world of puns by Alexandra Douvartzidis Not sure how to woo the lads and ladies? Bad with small talk? I’ve got you covered. Here are some great puns to get the conversation started. Everyone should start their day with a delightful pun. The student was an aggressive learner - he hit the books.

I used to have a fear of hurdles, but I got over it.

A rule of grammar: double negatives are a no-no.

So what if I don’t know what apocalypse means? It’s not the end of the world!

Did you hear about these new reversible jackets? I’m excited to see how they turn out.

The girl quit her job at the doughnut factory because she was fed up with the hole business.

I wasn’t originally going to get a brain transplant, but then I changed my mind.

I did a theatrical performance about puns. Really it was just a play on words.

Have you ever tried to eat a clock? It’s very time consuming.

When the cannibal showed up late to the luncheon, they gave him the cold shoulder.

The store keeps calling me to come back and buy more bedroom furniture, but all I really wanted was one night stand.

Why are Italians so good at making coffee? Because they really know how to espresso themselves.

Police were called to a day care where a three-year-old was resisting a rest.

Drinking too much coffee can cause a latte problems.

Yesterday I accidentally swallowed some food colouring. The doctor says I’m OK, but I feel like I’ve dyed a little inside.

A man walked into a chimney store and asked ‘How much for this one?’ The salesman replied ‘It’s on the house.’

The roundest knight at king Arthur’s round table was Sir Cumference.

An alien landed at a soft drink company and said ‘take me to your litre’.

I used to be a banker but I lost interest.

Pun Intended. The Jurist

Sudoku

Light Puzzle 1 (Easy, difficulty rating 0.42)

3 1

Medium

5 7

Puzzle 1 (Medium, difficulty rating 0.50)

3 3

3 1

6 9

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8 8

1 3

Generated by http://www.opensky.ca/~jdhildeb/software/sudokugen/ on Mon Apr 21 14:51:54 2014 GMT. Enjoy!

8 6

5 9

7 1

6 8

Generated by http://www.opensky.ca/~jdhildeb/software/sudokugen/ on Mon Apr 21 14:51:19 2014 GMT. Enjoy!

Puzzle 1 (Very hard, difficulty rating 0.78)

Very Hard

Puzzle 1 (Hard, difficulty rating 0.64)

Hard

3 7

7 4

6 2

Generated by http://www.opensky.ca/~jdhildeb/software/sudokugen/ on Mon Apr 21 14:52:24 2014 GMT. Enjoy!

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