The Jurist 2015 Issue 4

The Jurist Issue 4 2015

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CRICOS# 00120C | October 2015

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Contents Welcome 4 President’s

by Annika Beaty Editorial 5 Spotlight: Careers, 6 Portfolio Education and Wellbeing Features 9 Women in Law 10

by Giulia Prosperi-Porta Challenging Exam Nerves

by Flinders University Health and Counselling and Disability Services 12 Importance of Sleep 14 The

by Michael Bowes Healthy Eating during Exams

by Francisca Pereira 18 Exams 101 20 by Mara Morrigan Bright Opportunities for Graduates 22

by Giulia Prosperi-Porta Positivitiy is the Key to Success Flinders University Health and 24 by Counselling and Disability Services The Law of Wellbeing

by Jack Miller 26 Admissibility of Evidence 28 Flowchart Puzzles 29

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President’s Welcome

by FLSA President, Annika Beaty

Welcome to the fourth and final edition of The Jurist for 2015!

Our semester 2 exams have finally arrived. The library is packed, the carparks are quickly filling up from about 8:15am, and students have started queuing outside their lecturer’s office during consultation times. It’s time to knuckle down.

Because it has been such a busy semester, sometimes it can be difficult finding the motivation to power through these last few weeks. Over the past 3-4 months, many of us have faced a steady stream of deadlines, late nights, long days, and a number of other commitments that seem to eat away at our time.

I would like to wish you the best of luck if you have exams between now and 21 November.

Make sure you are getting sufficient rest, water, and healthy food – and don’t forget to go outside every now and then. Study as hard as you can in the lead-up to your exams, and know that every bit of effort is worth it. We are on the home stretch – let’s make the most of the time we have left!

If you are starting to feel a little burnt out, remember that there are only a few weeks to go. When you exit the Sports Centre after your final exam, blinking in the sunlight (or adjusting to the darkness), you will look back and feel proud of what you achieved this semester. Until then, we need to keep our heads down and power through!

Finally, I would like to take this opportunity to thank everyone who has engaged with FLSA’s events and activities this year. It has been a very big year for the FLSA committee, so I would like to thank everyone who has supported us. We hope you have enjoyed our social events, legal skills competitions, careers publications, wellbeing events and seminars, The Jurist (of course), and everything else.

Good luck with your exams and assessments. I hope you enjoy the final edition of The Jurist for 2015!

If you would like to get in touch with the FLSA committee, please feel free to send an email to president@flsa.org.au or send us a message via our Facebook page. You are also welcome to drop into our office in room LWCM1.08.

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Editorial Law is a stressful and demanding degree.

Sometimes many of us have felt deflated, undermined or just plain exhausted as we go through law school. Please know that this is a temporary situation and can improve if addressed by you. Seek out friends you can talk to or counselling services. Try to get enough sleep and balance your intense brainwork with exercise and fresh air. Don’t rely on coffee or alcohol to get you through the coming weeks.

Exams are coming, but remain calm. Try to get enough rest and relaxation to remain relatively sane!

In this issue we have included articles with thorough study tips which we hope will help you get through this stressful period. One article discusses how positivity is the key to success. We hope you take something from it and learn to stop being your own worst enemy – as many of us are. Treat yourself the same way you treat your friends and loved ones.

Best of luck with your exams. Remain positive and persistent. Never give up! The end is nigh.

With all the extra time on your hands over the summer, you won’t know what to do with yourself! Make the most of it. Enjoy your life outside of law school.

See you next year, all refreshed, energised and ready to conquer!

Mara, Alicia, Giulia and Jack.

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Special Thanks to: Our Sponsors; Lipman Karas ANU Legal Workshop Clayton Utz Minter Ellison Our Contributors; Alex Douvartzidis Annika Beaty Flinders Health, Counselling and Disability Services Francisca Pereira Hannah Brimstone Michaela Olsson Olivia Hanna Thomas McCourt William Jones

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Portfolio Spotlight: Careers, Education and Wellbeing The Careers, Education and Wellbeing Portfolio has the role of organising all of the events and activities on the FLSA Annual Calendar within this area.

Our activities aim to help students from all year levels gain access to an exorbitant amount of information surrounding their future education, career pathways and how to maintain their health and wellbeing. This year we’ve organised: • 2015 Careers Guide • ANU Legal Workshop Women in Law Breakfast • Wallmans Wellbeing Week • Wellbeing Mount Lofty Walks • Social Netball • Careers Seminars • Legal Skills Seminars • Lipman Karas Exam Skills BBQ • Exam Seminars • Exam Care Packages • FLSA Recharge Initiative

Hannah Brimstone Vice - President (Education) Bachelor of Laws and Legal Practice, Bachelor of Behavioural Schience (Psychology) and a Diploma of Language (Indonesian) Favourite Event: Wallmans Wellbeing Week I am a fourth year student from rural NSW. My hobbies include overcommitting and talking about my firearms license.

This is my third year involved with FLSA and it has definitely been the biggest! My main goals as Vice-President of FLSA were to promote the issue of mental health and wellbeing within the law school and to win all the prizes awarded at the annual Australian Law Students’ Association Conference. This year we won in two categories with an honourable mention in another!!

I’m extremely proud of all the work my portfolio has done over the year and can’t thank them and the entire committee enough for this wonderful experience.

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Thomas McCourt

William Jones

Careers Officer

First Year Representative (Education)

Bachelor of Laws and Legal Practice and a Bachelor of International Studies

Bachelor of Laws and Legal Practice

Favourite Event: Wallmans Wellbeing Week I am a fourth year law student. This is my first year involved with FLSA and I am very excited to be continuing on in the coming year.

This year’s Wellbeing Week was great fun - so much work - but it all payed off. It was great to be able to provide students with free food and just remind them to take care of themselves. The mental health panel was probably the highlight of the year as far as FLSA is concerned. It was such a worthwhile forum which put the spotlight on such a current issue for law students and professionals. I was so proud that we were able to put on such a high standard.

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Favourite Event: Wallmans Mental Health Panel Session Joining FLSA has been one of the most rewarding and fulfilling experiences of my life. I’ve met a range of wonderful people who I can proudly call my friends. I encourage all students to get engaged in FLSA as you certainly will not regret it. I believe that our portfolio of Careers and Education were successful in making an impact on the quality of Flinders Law Students’ University experience.

Knowing you are giving back to a community and trying to make an improvement is a great feeling, one that kept us going throughout the year.

I am very keen to continue to aid the Flinders Law Students in the future by staying on the FLSA Committee as the Marketing Director for 2016.

Olivia Hanna Education Officer Bachelor of Laws and Bachelor of Arts (American Studies) Favourite Event: ANU Legal Workshop Women in Law Breakfast As the Education Officer, I work with a fantastic and supportive team in the Careers, Education and Wellbeing Portfolio. Wellbeing Week was definitely a stand out event for my portfolio and I am so proud of what we managed to achieve in raising awareness for physical and mental health. Despite ironically being constantly stressed and frantic, and the short visit to the hospital (wellbeing?), there is something very special about seeing all our hard work produce an outstanding week of free stuff and activities.

Working on the FLSA committee has been so rewarding, from becoming friends with an amazing group of people to developing skills I will continuously use and build on. I can’t wait to continue being a part of FLSA next year and have no doubt that it will be even more rewarding and successful!

Nicole Liebelt Wellbeing Officer Bachelor of Laws & Legal Practice and a Bachelor of Behavioural Science (Psychology) Favourite Activity: Negotiation Grand Final I am a fifth year law and behavioural science(psych) student. My hobbies include reading and seeing my friends and family.

This was my first year involved with FLSA and my main goal as Wellbeing Officer was to promote the health issues of law students and improve the student voice in the Law School.

Special Thanks

A special thanks to everyone who has made donations to us throughout the year, as well as those who have volunteered their time to participate in our events. We would not have been able to run as many successful initiatives without their dedicated time and support.

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CAN’T WAIT TO CU!

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Features

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Women in Law

by Giulia Prosperi-Porta In an Australian first, the Law Society of South Australia (LSSA) will soon have equal representation of metropolitan men and women on its council.

Addressing Imbalance

At its October 26 meeting, members voted in favour of a proposal which guaranteed at least three female members on the eight-person executive, as well as a female and male vicepresident. The changes, which will be effective from January 1, 2017, also guarantees eight female and eight male metropolitan members.

There will be no gender-based requirements for regional member positions because of the smaller pool of candidates from country areas.

Speaking to The Jurist, Women Lawyers’ Association of SA (WLASA) president Leah Marrone said a lot more could be done to address the gender imbalance at the highest levels of the legal profession in South Australia.

“Firms need to look seriously at their own structures, particularly in supporting flexible work and by participating in unconscious bias training,” Ms Marrone said.

It is common knowledge that women are underrepresented in senior positions in the law, despite an increasing number of females entering the field. The number of female solicitors in South Australia increased by six per cent between 2011 and 2014, statistics from the 2014 Law Society National Profile Report show.

Nationally, the number of female solicitors jumped by 19 per cent between 2011 and 2014.

The number of male solicitors increased by just 5.4 per cent. In Western Australia, the number of female lawyers skyrocketed by a staggering 51 per cent, while in Victoria, the number of male lawyers plummeted by 10 per cent. The latest figures from Graduate Careers Australia show women make up 63 per cent of law graduates.

However, the LSSA’s 2015/16 Practising Certificate Survey revealed that while men far outweighed women in senior roles, there was a gradual shift to more equal representation.

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Power

“There is a cultural change that will take time.

In the meantime, affirmative action policies are a great intermediate step to seeing more women in leadership positions. Once there, this normalises other lawyers, clients and anyone else seeing women in these roles and assists in the cultural change in the long run.

“Leadership in our representative bodies, such as the Law Society, is also important.”

Measures to address the gender imbalance at senior levels of the law have improved over the past couple of years.

The SA Bar Association established a Women at the Bar sub-committee in 2014 to consider ways to encourage women to join the Bar, support the retention of women at the Bar and boost opportunities for women to advance their careers at the Bar and in the law generally.

In April this year, the Step Up to the Bar program to encourage more women to become barristers in South Australia was approved.

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An initiative of the Honourable Chris Kourakis, Chief Justice of the Supreme Court of South Australia, the one-year full-time program is for experienced female legal practitioners to gain experience within the higher court jurisdictions.

Chief Justice Kourakis said he hoped the program would lead to more women becoming Senior Counsel or judges.

Only 25 per cent of barristers in SA are women.

“For several decades, an equal number of women and men have graduated from our law schools. We can no longer assume proportionate representation will balance out over time,” Chief Justice Kourakis said.

“We need to take a focused approach to boosting the number of women candidates for appointment to higher positions.”

The candidates will gain experience and exposure to complex cases by working closely with the Supreme Court judiciary, including the Court’s three women justices, as well as other judges.

Encouraging Women become advocates

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In Victoria, Victoria Women Lawyers held its inaugural all-female moot this year to provide female lawyers an insight into a career at the Bar and encourage them to enter advocacy roles.

Its main supporter was the Honourable Marilyn Warren AC, Chief Justice of the Supreme Court of Victoria.

“It is rare that I see women advocates appearing before me, rarer still for women to be given speaking roles,” Chief Justice Warren said.

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“My experience is reflective of a broader problem - that women remain significantly underrepresented at the Bar. “So long as this underrepresentation continues, the community is missing out on a valuable resource. It is therefore vital that we continue to encourage and support women to take up advocacy roles, and importantly, that we encourage practitioners to brief more women.”

Ms Marrone said while solicitor-advocates in South Australia were common, more opportunities to encourage women in advocacy roles would be welcomed, such as an all-female moot.

“I would be very interested in working with the Women at the Bar committee and seeing how they could help facilitate this,” Ms Marrone said.

“I definitely think there would be enough interest, and certainly more information is needed to assist those who are interested in careers at the Bar.” Ms Marrone suggested female law students interested in advocacy roles or a career at the Bar could seek out female mentors, which WLASA could help with, or contact the Women at the Bar committee.

“Senior women in the profession are so often ready to assist in giving their time and advice,” Ms Marrone said.

She also advised to go to court and “watch great women barristers at work”.

“Look at an associateship if you are interested in advocacy or positions that will have you on your feet in court from a young age, like Duty Solicitor roles, small CLCs that do court work and other similar positions,” Ms Marrone said.

“Let people know about your interests and seek out CPD opportunities to develop your skills.”

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‘And then my mind went blank’:

Challenging exam nerves

by Flinders University Health, Counselling and Disability Services Everyone gets stressed to some extent about exams, including all those other people who look so relaxed. But do you get really stressed, that by the time the exams come you feel awful and don’t perform the way you want to? There are some things you can do to manage those nerves, feel better and get better results.

mistakes. That’s what’s happening when you go into an exam, look at the paper and can’t remember things you know perfectly well. Or make really dumb mistakes that you realise as soon as you hand your paper in and walk out.

But this is temporary. The knowledge is still there. All you need to do is calm down.

Make sure you understand Do enough preparation, but not too much what‘s happening Because exams are stressful, we automatically react to them with the stress response - the ‘fight or flight’ response. This is fine, up to a point. It pushes us to get going, but beyond that point, if we’re too stressed it works against us. That’s because the stress response is an old biological survival mechanism that is getting us ready to do something fast and physical, which it does very well, starting with a rush of adrenaline that gets the body all charged up.

But too much tension or worry is not very good for thinking or memory. When we are too tense or worried, we may forget or make

You can be totally calm and still not get there if you haven’t done some preparation.

But remember, it doesn’t have to be perfect.

Knowing you’ve done a reasonable job of preparing is a relief in itself. But it’s important to keep yourself in good shape and not get stressed before the exams. Remember to: • Eat well: Don’t switch entirely to comfort foods. Remember the body and mind need real fuel.

• Sleep well: Allow yourself enough time.

Try to stick to a regular schedule. Watch the caffeine.

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• Take breaks: We need breaks and relaxation to keep us balanced. It’s not wasting time.

• Exercise: It helps maintain health, release tension, lift our mood and enhance concentration.

• Get help with problems: If something is really affecting you, get help from academics if it’s about the topic, from counsellors if it’s personal matters or from doctors if it’s health problems.

Learn and practise methods to calm yourself Remember what the ‘stress response’ is doing? Well, if it’s not helping, learn how to switch it off. Get better at noticing when you’re stressing out (breathing getting too fast? Butterflies? Can’t sleep? Heart racing?).

Then slow everything down.

• Breathe slowly • As you breathe out, remind yourself: ‘relax’, or ‘slow down’, or ‘take it easy’ • As you breathe out, let your muscles relax and loosen up • It may help to walk around slowly as well to give you a ‘whole body’ slow down You can do this anywhere, for a few seconds or a few minutes. Close your eyes if you feel like it. You can do it: • When you are about to study; it helps concentration • When you are about to sit an exam; it helps concentration and memory • When you are in an exam, can’t think of something and begin to panic.

This is a good, basic approach, especially if you practice it. Many people find they really

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benefit by learning something a bit more ‘advanced’, such as a relaxation exercise or meditation. The counsellors can help you with this.

Remain realistic & positive about yourself and your goals Our brains are fantastic. We can stress ourselves - or de-stress ourselves - by what we are thinking.

Often we get stuck thinking negatively, actually scaring ourselves: • ‘I’ll never get it all done! I’ll fail!’

• ‘I don’t understand this part very well!

What if it’s on the exam? I’ll fail!’

• ‘I can’t remember the answer to this one! I’ll fail!’

• ‘I had trouble with an exam last semester, what if it happens again? I’ll fail!’

When we scare ourselves, we switch on the stress response and there we go again.

So make sure you’re thinking realistically and positively: • ‘I can understand most things, and I don’t need 100 per cent, so I don’t need to panic.’

• ‘I can’t remember this one right now, so I’ll answer another one, then it’ll probably come back to me.

• ‘I’m prepared for this one and I know how to calm myself down if I do get rattled.’

• ‘I can pass.’

These basic steps - calm down, slow down, think positively - will work for most of us most of the time. But if you are feeling stuck, there is more you can do about it. Talk to a counsellor to see what would work better for you.

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The Importance of Sleep

by Michael Bowes I thought studying law was supposed to put me to sleep!

How often, especially around exam time, do you see a future learned friend wandering aimlessly around the law courtyard, armed with an inconceivably large caffeinated beverage, muttering ‘I’m just not getting enough sleep!’ and say to yourself, ‘Neither am I’ and ‘Do those come with an extra shot?’

Around the Law School, a sight like this is so common that after semester one of your first year, it virtually goes unnoticed, other than giving a brief acknowledging nod. However, at what point do we all need to pause and consider whether there is something, other than study, that could be keeping us awake at night?

disorders can be if not effectively managed.

The implications from poor sleep reach far and wide, not only affecting the individual concerned, but also their families and the wider community.

In this article, I am going to get a bit clinical and technical, however my ultimate aim is to show that a sleeping problems, once addressed, can often be quickly and easily overcome.

Okay, so here’s the clinical bit, which I have tried to keep as simple as possible.

In recent weeks, with such an emphasis on our mental health and wellbeing, coordinated so brilliantly by all those involved, I thought I would tackle the other, often hidden side of our lives, that of sleeping disorders.

Sleep is controlled by our bodies thermoregulatory system, commonly known as our circadian rhythm. Our core body temperature fluctuates throughout the night in approximately 90 minute cycles. Theorists are still out on exactly how sleep evolved, look it up as it makes for some interesting reading, however we now classify sleep into 4 distinct stages.

To give you some background, and yes, my colleagues are going to go ugh here we go again, but for far too many years I have worked with or managed hospital based sleep disorders units. I got into this field after first working as a Psychologist for the Australian Army (don’t get me started on that one…), and, like all who work in these fields, I quickly realised how dangerous to our health sleeping

When falling asleep, we usually first enter Stage 1 sleep, which is the lightest stage of sleep. We then enter stage 2 sleep, and this can take up approximately 45-55% of our sleep. We then enter stage 3 sleep, or slow wave sleep, which is the deepest, and most restorative stage of sleep. Following this comes the most exciting stage, the one where we dream, known as rapid eye movement (REM) sleep.

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For those who have a sleeping disorder, it is the last two stages that are often compromised the most.

The implications of which can have a major impact on our daily functioning.

can be pre-cursors to, mood disorders and anxiety, decreased academic performance and heightened levels of stress.

Just before you never want to sleep again, it is not all bad though!

So how can we tell if we may a sleep disorder?

General tiredness is often the first give away, however many people become very acclimatised to this tiredness and manage to mask it via caffeine or self-medication.

When a sleeping problem is treated effectively, the effects on a person can be life changing.

In general, if you are sleeping properly, it is not usual to feel tired, or need to nap regularly in the afternoon.

Other indicators are frequently waking up feeling unrefreshed or with a headache, waking with a sore or dry throat, and having concentration or memory problems. Difficulty initiating or maintaining sleep, or needing excessive amounts of sleep can be other telltale signs.

Those with the most common sleep disorders are often observed by others to snore loudly, choke or stop breathing for periods of time in their sleep, or jerk their legs throughout the night.

Common sleep disorders are now linked directly with the development of cardiac disease, diabetes, high blood pressure and the heightened risk of stroke.

Sleep disorders are also concomitant with, or

Obviously you won’t feel as tired anymore, and you will wake refreshed and alert, but you will also notice that your concentration and memory improve, snoring will be eliminated, you will feel more active, and you will most probably find it much easier to lose weight.

If you think you may have the symptoms of a sleeping disorder, as is always the case, it is imperative that you speak to your Doctor.

An excellent resource for fact sheets about sleeping problems and treatment options are available from the Sleep Health Foundation http://www.sleephealthfoundation.org.au/.

This is a national organisation in partnership with the medical and regulatory bodies of the sleep field.

Most importantly for students, Flinders University’s School of Psychology are not only internationally renowned in the field of sleep research, but they also provide expert support to anyone with a sleeping problem via the Psychology Clinic, and are contactable on 8201 2311.

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So are there any quick take home tips for getting a better night’s sleep?

Obviously everyone’s situation is different, however as with everything consistency is the key.

For insomnia, and this is probably an impossible feat for most students, if you can stick to a consistent bedtime, then wake up and get up out of bed at the same time each morning, you can train your body back into a regular sleeping pattern.

Also, and this is really important, when you wake in the morning, go outside into the sunlight. Researchers at Flinders have undertaken ground breaking research into the effect that bright light therapy can be used for the treatment of insomnia. This sunlight will not only help you to feel more alert, but it will also help to reset your internal body clock and assist you to combat insomnia.

Other things that effect sleep quality are:

your system 14 hours after your last coffee.

• Prescribed sleeping tablets should, on average, only be used for a period of 2 weeks. After this time, if you are not sleeping you should seek additional help from a trained professional. Sleeping tablets disrupt your clinical sleep patterns, result in more fragmented sleep over time, and can lead to dependence.

Overall, as a profession in which stress and long working hours are almost a prerequisite, it is no wonder that lawyers exhibit higher rates of depression and anxiety than most other professions.

As such, it is paramount that if you are experiencing ongoing sleeping problems, you seek out support and guidance.

As students, resolving sleeping problems early can have major benefits both academically as well as providing additional resilience in your future career.

• Alcohol will exacerbate the effects of an existing sleep disorder and will affect the overall quality of the sleep you do get.

Overall, as is always the case, communication is the key. Flinders has many resources available to help you with any problems you are experiencing.

• Caffeine, pretty much an elective subject in any law school, has a half-life of around 3-7 hours. This means that if you are sensitive to caffeine and it keeps you awake, for some people, traces of it could still be in

Your colleagues though, are your best resource. They will know what you are experiencing and will be there to support you, all you need to do is ask.

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Healthy Eating During Exams

by Francisca Pereira B.Sc., M.Nutr. &Diet. Accredited Practising Dietitian Exams are a very stressful time so it is important to know that what we are eating can influence our energy levels during this period.

Tip 1. Forget Fads!

Forget your current fad diets during this time please!

We all have heard of many diets recently (not going to name them here) that require you to eliminate grains, dairy, sugar, adding lemon to your water/meals and eating raw “nutritious” food to make you feel on top of the world…

However let’s go back to basics and follow the good ol’ AGHE (Australian Guide to Healthy Eating), which has been supported by over 50,000 studies (yes that’s right these recommendations are evidence based...)

Tip 2 AGHE Requirements AGHE requirements for 19-50 years old Number of serves per day for the 5 food groups Grains Dairy Veg Fruit Lean (Cereal) Meat/ Foods Alts Men 6 2½ 6 2 3 Women 6 2½ 5 2 2½

What does ONE standard serve size looks like?

Grains (cereal) foods: 1 slice of bread (40g), ½ medium roll, 1/3 cup cooked rice, pasta, noodles or polenta, ½ cup of cooked porridge/oats, 2/3 cup of cereal or ¼ cup of muesli.

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Dairy: 1 cup of milk, 2 slices of cheese (40g) or 200g of yoghurt.

Veg: ½ cup of cooked veg, 1 cup of green leafy salad , 1 medium veg (tomato, cucumber, carrot), ½ cup of cooked, dried or canned beans, lentils or peas.

Fruit: 1 whole fruit (banana, apple, pear, orange), 2 small fruits (apricots, kiwis or plum) or 1 cup of diced or canned fruit (no added sugar).

Lean Meat/ meat alternatives: 65g of cooked lean red meat, 80g of cooked lean poultry, 100g of cooked fish fillet or one small can of tuna, 2 large eggs, 1 cup of cooked legumes/ beans (lentils, chick peas or split peas), 170g of tofu or 30g of nuts.

Tip 3. Do not skip meals

Remember to have your 3 main meals daily (breakfast, lunch & dinner) and 3 mid-meals.

Skipping meals regularly has the potential to slow down your metabolism and decrease your energy levels. Have some snacks with you to ensure you’re not having long periods of not eating between main meals. Keep things like nuts, fruit, yoghurt, cheese, cruskits, ryvita biscuits or chopped veggies packed in your bag to snack on while you’re studying.

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Tip 4. Avoid high GI foods and sugary drinks High GI foods are foods that increase your blood sugar levels quicker than low GI foods, causing a spike in your energy levels immediately after consumption. However after approximately 2 hours or less you will notice a decrease in your energy levels making you feel tired and lethargic.

High GI foods are processed carbohydrates like: white bread, chips, lollies, doughnuts & white potatoes. Low GI foods are: wholemeal bread, porridge, pasta, muesli, long grain white rice, fruit and yoghurt. Sport drinks and energy drinks are high GI, so avoid them while studying and drink plenty of water. If you’re still tired after this then you may just need more sleep!

Good luck with your exams and If you are still struggling with your day-to-day eating. You can always get a personalised eating plan to suit your body and lifestyle. Please feel free to contact me at francisca.pereira88@gmail. com if you have any questions or would like to organise an eating plan!

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Exams 101

by Mara Morrigan

Revision

Hopefully, throughout the semester you have been regularly attending lectures and tutorials/workshops, while taking excellent notes and preparing structured answers to tutorial questions that are further shaped and informed by class discussions.

Even if this sort of groundwork has not been fully done, now is the time to revise. Play catch-up if you have to, but resolve to create a smoother experience next semester through better preparation. In the meantime, review difficult topics by re-watching the relevant lectures, going back over specific tutorial questions, asking for clarification from an instructor or tutor and possibly forming a study group with others in the topic.

Refine your notes down to what is examinable, summarise the relevant subject matter and have brief overviews of distinguished cases.

Doing this will also show you which areas of law you need to do further work on to develop a deeper understanding. For topics that have a fairly structured approach, ensure you know

how you plan to answer questions by having a framework laid out for the specific legal content.

Other Preparations

Remain calm. Try to get enough rest and relaxation in the lead up to exams.

Exercise, meditate, even visualize success to decompress from the potential stress of examinations. This way you’ll show up to your exams in a relatively balanced and calm state.

Give yourself enough time to arrive at the exam, find a park, arrange/stack/print your notes and legislation (if you can bring materials) and organise your pens and highlighters (clear plastic cases only). Have your student ID and allocated seat number handy and memorised. Feeling rushed or actually forgetting something you may need (even if it’s just the security blanket of too many textbooks) could run the gamut from upsetting your equilibrium to losing you time in your exam. Always plan your exam day in advance and arrive early. Bring a clear bottle of water if you know you’ll need it.

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Timing the Exam

Handling the timing of the exam is crucial.

Generally, you will have been given a breakdown of how the exam is to be structured in each topic. Use this to figure out how long you will have for each part of the exam based on their percentage of your total mark. In an hour-and-a-half exam, a question worth 20% of the total mark should be allocated 18 minutes, whereas one worth 60% will require 54 minutes.

During the 30 minute reading period, closely examine what is being asked of you in each section and jot down IRAC outlines of your projected answers on the scrap paper provided. This is also the time to take a few deep breaths if you feel yourself panicking.

Centre yourself even if you feel a bit lost and remind yourself that there are parts of the exam in which you feel confident.

Which question you tackle first is up to you – some like to just answer each one in order, others like to attack the question worth the most points first. Others warm up with the lesser questions before trying the ones worth higher percentages of the marks. If things go well, you can leave aside a few minutes

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at the end to check over your answers and spelling. Learning to use your exam time well takes practice which can be done by using previous exams as a revision strategy.

Past Papers

Yes, this does require extra work, but it really pays off. The more exam practice you have, the calmer and better you get at taking them!

Most, if not all, topics that have been offered in prior years make available previous years’ exams either via the topic in FLO or through the library’s past exams section.

So as not to overstress, you may want to sit down surrounded by all your comforting textbooks and lecture notes and try last year’s exam at your own pace. Once you feel capable, go ahead and attempt the exam prior to that one under the precise structure of actual exam-like conditions with either your phone timing you or a real person, sternly telling you when you have 15 minutes left. You’ll quickly see where there is room to improve how you handle the time limits, areas of law and overall pressure. Plus, all that writing might even start to making your handwriting look better which your exam markers are sure to appreciate!

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Bright Opportunities for Graduates 22

by Giulia Prosperi-Porta Silks, solicitors and a Supreme Court Associate were among the 40 legal professionals law students mingled with at Beyond Law’s inaugural industry event in Adelaide.

More than 200 law students from Adelaide’s three universities attended the event at Fisher Jeffries on October 29, which featured a speech by the Honourable Chris Kourakis, Chief Justice of the Supreme Court of South Australia.

Chief Justice Kourakis spoke about the new era of law and the bright opportunities ahead for students who kept an open mind. He encouraged law students and graduates to remain positive and be persistent in an increasingly-competitive field.

The event enabled students to network with a range of legal professionals, including representatives from Minter Ellison, the Crown Solicitor’s Office, a Magistrate, an owner of a private practice, a Supreme Court Associate, as well as Edmund Barton Chambers barrister Neville Morcombe QC. Law student Reina Symmons said the event was interesting and informative.

“Even though I’m still a first year, I can’t express how beneficial it was to me to just go and have a chat. Before the event, the elusive and sometimes nebulous concept of networking was one other first years told me they were ‘not ready for yet’. This is a detrimental mindset to have,” Reina said.

“Follow your heart”, was the best piece of advice Reina received at the event.

“That is, don’t sell out to a corporate career if that’s not what you’re genuinely interested in, or even pigeonhole yourself into a specialisation

simply because that seems like what you’re supposed to do.

“As one lawyer who runs his own practice told me, ‘if you’ve only ever tasted salt, you’ll never know the taste of sugar’.

The Beyond Law’s team advice to law students particularly resonated with Reina and most law students.

“Law students should not be so afflicted by what apparently constitutes success at university.

We’re a notoriously competitive bunch, and are relentlessly tough on ourselves when we fall short of our sky-high personal standards,” Reina said.

“The fact of the matter is that academic merit does not secure what is conventionally regarded as a good or prestigious position, and high distinctions mean little to employers if you lack the personality, work ethic and passion to match.”

She said the function helped her see the ‘humans’ behind the legal professionals.

“QCs, magistrates and judges aren’t this godly hybrid of human that we should all be intimidated by. They’re normal people who are personable and love having a good laugh,” Reina said.

“Hearing a particularly jovial QC chat to us about his colourful youth was particularly refreshing.”

Student Audrey Lian said one of the most important things she learnt at the event was that to be successful, students had to be innovative and stand out.

“The professionals I spoke to encouraged me to go for different opportunities,” Audrey said.

“They suggested volunteering at a legal advice clinic to hone practical skills and get an insight of life after law school.”

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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 fullinrange of legal across Australia, Asia and 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 AND DIVISIONS Corporate

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

A summe r clerk shi

p at Mi nter El lison Ben Cla rke Law Gra duate 2 014/201 5 I compl eted my c lerkshi Human R p at Mi esource nter El s & Ind Compens lison i ustrial ation t n the fi Relatio eams ov that ti rm’s ns and er the me, I w Workers 2014/15 as offe special summer red a f ising i period. ull-tim n Worke e gradu During rs Comp ate pos ensatio ition Through n . out my time at to a wi Minter de vari Ellison ety of dispute , I hav challen s relat e been ging le i n g to un the wor exposed gal wor fair di kplace, k which smissal defamat workers include , discr ion, re d compens i minatio straint ation. opportu n in of trad From da nity to e as we y one I be invo not onl ll as was aff lved fr y given orded t om star me inva provide he t to fin luable d me wi i s h l , egal ex th a se which h see the perienc nse of as results e achieve but has of my w ment in also ork. being a On a da ble to ily bas is, it advice, has bee underta n my role ke thor documen to regu ough le ts incl larly p gal res uding s as well repare earch, ubmissi as atte draft l ons and nd cour importa egal other c t and c ntly, I o r r l e i s e w pondenc nt meet as give this pr e, ings. n conti ocess f Most nual gu rom sup who too idance portive k a gen a nd feed and app uine in back in roachab terest le supe in my l I hones rvisors earning tly bel . i e ve my s has not ummer c only be lerkshi en extr profess p at Mi emely r ional d nter El ewardin evelopm the per lison g for m ent, bu fect st y perso t it ha art to nal and s also my lega provide l caree d me wi r. th

FACTS & FIGURES

In South Australia / Northern Territory: 31 partners and around 200 legal staff Adelaide office opened 1988 Darwin office opened 2003 Part of the Minter Ellison network of offices in Australia, Asia and the UK

RealReal people people achieving excellence achieving excellence For more information on vacation clerkships or theorMinter Ellison For more information on vacation clerkships the Minter Ellison graduate program please go please to www.minterellison.com/careers graduate program go to www.minterellison.com/careers

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24

Positivity is the Key to Success

by Flinders University Health, Counselling and Disability Services We have all had times when energy and motivation have disappeared without a trace. We spend a lot of time worrying about whether we’ll ever get that assignment finished or revision program started before the day of the exam.

Just stop for a minute and take a step back.

Think about the principles of motivation and training.

How do you motivate or help to train other people? Do you insult them, put them down, shout at them about how hopeless, pathetic and lazy they are? No? Why not? Is it because you are too nice to do that or is it because you have discovered that negative techniques just don’t work?

If you give your trainee a heap of put downs you are likely to end up with a resignation,

terrified or totally turned off trainee.

You might encourage the people you are training and repeat information if they don’t catch on the first time. Maybe you give them positive feedback and make sure your criticism is constructive. Maybe you use this positive approach because you are a nice person.

But maybe you also use it because it works.

Positive training techniques are motivating, performance enhancing and more fun. Use a positive, motivating training technique on yourself.

Be calm and don’t rush yourself. Allow yourself to go over information more than once. It’s okay if you don’t catch on the first time. It’s okay to consult with others to gain information - lecturers, tutors, admin staff, and other students.

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• Don’t insult yourself: Trainers who put you down are irritating and unmotivating.

Treat yourself politely and encourage yourself to keep on task and have another go when things are difficult.

• Be clear: Work out exactly what the deal is. Divide tasks into sub-tasks with a completion time for each sub-task. Divide an assignment into six areas: reading, chatting to lecturer or tutor, assignment outline, first draft, more consultation, editing and final draft.

• Collect the evidence: Make lists and cross off tasks as they are completed. Chart your progress with timelines or graphs so you are clear about your achievements. You can see the assignments you have completed and the topics you have totally or partly revised. Post up the evidence of progress in a prominent place, such as the middle of the bedroom mirror so it gets you right between the eyes.

• Reward yourself: Reward is a powerful motivator. Use long-term rewards like the completion of your degree or celebrating with your first pay cheque. Use short-term rewards like an evening off to socialise or time out to enjoy a hobby or group activity.

When you have a win, no matter how small, congratulate yourself. It will make you feel warm, appreciated and motivated.

•

Rehearse success: Think about how

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you want to perform in an exam or tutorial presentation. Think about the concentration, energy and enthusiasm you would like to have while completing your prac write-up. Why mentally rehearse all the stuff-ups that you don’t want to happen? Negative rehearsal is a sure way to fill you with fear and loathing and is not very motivating.

• Befriend yourself: When you are your own friend, you can move forward in a spirit of co-operation. It’s a team effort. If you are friendly and understanding about your own aims and fears, you are less likely to sabotage your efforts and more likely to support yourself in an encouraging and motivating way.

• Befriend others: Forming a study group and sharing ideas with others can be a great way to get things done.

• Get fit: Physical exercise is an essential part of your motivational package, not an optional extra. Whatever your physical abilities are now, try to improve them. A physical workout, at a level that is challenging for you, will enhance your concentration, lift your enthusiasm and increase your motivation.

• Stop being scared of stress: At the right levels, stress is the most powerful motivator of all. Start thinking of stress as challenge and opportunity. Unless you experience some degree of stress you are unlikely to discover your potential.

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The Law of Wellbeing: Looking After Yourself During Exam Periods

by Jack Miller

The much-dreaded exam period is upon us for the second (and last) time this year, and it’s basically a guarantee that each and every one of us is experiencing stress to some degree! It is vital that during this time we not only focus on our exam preparation, but our mental wellbeing as well. In search of tips on maintaining your mental health in this particularly stressful time, I spoke to Robyn Miller; Mental Health First Aid Instructor & Education Coordinator for MIFSA (Mental Illness Fellowship of South Australia) to get the facts on how best to cope during the exam period.

Throughout her time in the mental health industry, Robyn has seen many university students pass through the doors of mental health wards throughout the state; particularly around exam time. “The stress becomes overwhelming, and students don’t have the appropriate support networks or coping strategies in place to overcome it”.

Numerous factors contribute to a student’s admission to a mental health facility.

Stress associated with deadlines and high expectations appears to be a leading cause.

“This can result in first episode psychosis – humans can only tolerate a certain level of stress, and once this capacity is reached, it has to go somewhere, and this is the body’s natural response under extreme stress”.

Robyn did remark that despite this, many students recover fully and re-engage with their studies with the right support and treatment.

Having a solid support network can go a long way in terms of maintaining your mental wellbeing. Loved ones and friends are quite often the first to notice changes when they occur, and Robyn believes that they can provide valuable backup and provide assistance and support if students feel overwhelmed by their study load.

So what are the best tips on maintaining your mental wellbeing whilst enduring the exam period? Here are Robyn’s recommended strategies: 1.

Schedule regular breaks! Ten to fifteen minutes in every hour can make a huge difference in maintaining concentration, whilst giving you time to retain information and give yourself some time to relax as well.

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2.

When you have meal breaks, do them away from the computer or study space!

Give yourself time to enjoy your food and to genuinely give yourself a break. Allow at least half an hour per meal break.

3.

Get some sunshine! Heading outside for at least an hour per day and getting some fresh air aids in relieving stress and anxiety.

4.

Sleep! Many students are inclined to pull all-nighters to cram in study prior to an exam. “This isn’t healthy, and doesn’t get you good results”. They make you feel more fatigued and your focus and concentration is greatly impaired.

5.

Plan ahead! Set yourself an achievable study timetable. Make short-term goals and set realistic expectations of yourself when you study. Take breaks into consideration and plan your calendar ahead to alleviate stress and anxiety.

6.

Exercise! “Exercising is your greatest defence against depression”. It releases endorphins and serotonin (the ‘feel good’ chemicals in your brain).

7.

Talk about it! Speak to your support

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network if you’re getting stressed. Speak to your peers as well – your fellow students are in the same boat as you, so why not ride it out together?

So where do you go if you’re experiencing stress and anxiety during the exam period, and need some help?

Robyn recommends that you start with the student counselling service on-campus.

“Student councillors understand specifically what you’re going through, and their advice is tailored to what you’re experiencing as a university student”. If your stress persists, head to see your general practitioner.

A GP can assess your specific needs and aid you in seeking professional psychiatric assistance if necessary.

There are plenty of online resources too – resources such as MIFSA and Beyond Blue are packed with information about managing stress and anxiety, and contain information to assist your support network in helping you out too.

Mental Illness Fellowship of SA: www.mifsa.org Beyond Blue: www.beyondblue.org.au

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Flowchart of rules for the admissibility of evidence RELEVANCE

HEARSAY

“The fundamental rule governing the admissibility of evidence is that it must be relevant”: Wilson v R (1970) 44 ALJR 221 (per Barwick CJ); ss55-56 EA.

Essentially, the rule against hearsay prohibits witnesses repeating out-ofcourt statements made by others in order to establish the truth of those statements: Subramanium v Public Prosecutor [1956] 1 WLR 965 (PC); Myers v DPP [1965] AC 1001 – Austin Motors’ records; Ratten v The Queen [1972] AC 378 – “Get me the police!”; ss59-61 EA.

OPINION

CREDIBILITY Evidence only of a witness’ credibility must not be led in evidence-in-chief. In crossexamination, credibility may be attacked but answers are final: Piddington v Bennet & Wood (1940) 63 CLR 533; ss102108A EA. EXCEPTIONS to PvB&W: (a) Prior convictions; (b) Bias, impartiality or interest of witness; (c) Prior inconsistent statements; (d) Witness’ general bad character; and (e) Witness’ physical or mental reliability.

PRIVILEGE 1. LEGAL PROFESSIONAL PRIVILEGE: Communications where dominant purpose is to provide legal advice are inadmissible: Esso v Federal Commissioner for Taxation (1999) 74 ALJR 339; ss117-126 EA 2. “WITHOUT PREJUDICE NEGOTIATIONS”: Are inadmissible save as to costs.

3. PRIVILEGE AGAINST SELF-INCRIMINATION (does not apply to corporations): EPA v Caltex (1993) 118 ALR 392; s128 EA. 4. COMMUNICATIONS IN MARRIAGE see Evidence Act 1977 (Qld) ss18, 21.

IMPLIED HEARSAY Statements (and conduct) of a person other than the witness, which were not intended to be assertive of the fact they are tendered to prove, are still inadmissible as hearsay.

Walton v The Queen (1989) 166 CLR 283 “Hello daddy” R v Benz (1989) 168 CLR 110 “My mother’s feeling sick” Pollitt v R (1992) 66 ALJR 613 “Roy got the wrong one”

RES GESTAE (I) Incidents in the transaction are admissible if necessary for completeness: R v O’Malley [1964] Qd R 226 “kick the dog”; O’Leary v R (1946) 73 CLR 566 “drunken orgy”

EXCEPTIONS TO THE HEARSAY RULE

Evidence Act 1995 (Cth) (“EA”) No

Is the evidence relevant?

Yes Does the hearsay rule apply?

No Does the opinion rule apply?

Y Y

No Does the evidence contravene the rule about evidence of judgments and convictions?

Y

No Does the tendency rule or coincidence rule apply?

No Does the credibility rule apply?

Y Y

No Does the evidence contravene the rules about identification evidence?

Y

THE EVIDENCE IS NOT ADMISSIBLE

[Normal] witnesses must give a plain account of what they actually perceived through their own physical senses, devoid of inference, evaluation, interpretation, belief or opinion.

EXCEPTION: Expert witnesses may give opinion evidence where (i) the fact in issue is such that special skill or learning is required to assess it; and (ii) the witness has sufficient skill or learning in that area: Clark v Ryan (1960) 103 CLR 486 per Dixon CJ at 489-492; Weal v Bottom (1966) 40 ALJR 436 per Barwick CJ at 438-9; ss76-80 EA.

(f)

No Y

Does a privilege apply?

No Should a discretion to exclude the evidence be exercised?

1. ADMISSIONS/CONFESSIONS: Admissions are statements made by the accused or parties to an action that are against their interests. Confessions are a special kind of admission in criminal matters whereby the accused gives a full acknowledgement of guilt. Admissions and voluntary confessions (ie. made without threat or inducement) are admissible: R v Ireland (1970) 126 CLR 321; ss81-90 EA. 2. RES GESTAE (II): statements made within the events leading to the trial (ie. part of the single transaction) are admissible [very strict test]: R v Bedingfield (1879) – deceased came out of room with throat cut – n/a; Adelaide Chemical v Carlyle (1940) 64 CLR 514 “the jar broke” – n/a; Walton v R (1989) 166 CLR 283.

3. DECLARATIONS BY DECEASED (a) Against interest; (b) In course of duty; (c) As to pedigree; (d) Dying declarations; (e) Contents of Will; As to public or general rights 4. STATEMENTS IN PUBLIC DOCUMENTS (ss82-98 Evidence Act 1977 (Qld) – Business records); s69 EA 5. STATEMENTS OF CONTEMPORANIOUS STATE OF MIND, EMOTIONS OR PHYSICAL CONDITION. 6. STATEMENTS PROVING NATURE OF BUSINESS eg. Brothel 7. EVIDENCE IN COMMITTAL OR OTHER PROCEEDINGS. 8. “FIRST-HAND” HEARSAY (Commonwealth only) ss62-68 EA

Y

No THE EVIDENCE IS ADMISSIBLE

CHARACTER/PROPENSITY/TENDENCY Evidence of the general bad character of the accused or other party is inadmissible (:Attwood v R (1960) 102 CLR 353) unless that person attempts to establish their own good character: R v Perrier [1991] 1 VR 697; Lowery v The Queen [1974] AC 85.

Evidence of other offences is inadmissible unless the evidence is “strikingly similar” ie. no other reasonable explanation: Makin v AG(NSW) [1894] AC 57; Hoch v The Queen (1988) 165 CLR 292; Sutton v The Queen (1984) 152 CLR 528; Pfennig v R (1995) 127 ALR 99 (HCA); ss94-101 EA.

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JUDGE’S DISCRETION A judge has a discretion to exclude evidence (eg. a confession) on the ground that it is highly prejudicial and not probative (reliable) or for public policy reasons (eg. evidence illegally obtained): R v Ireland (1970) 126 CLR 321; Foster v R (1993) 113 ALR 1; Driscoll v R (1977) 137 CLR 517; Bunning v Cross (1978) 52 ALJR 561; Ridgeway v R (1995) 69 ALJR 484; R v Swaffield (1998) 192 CLR 159; s130 Evidence Act 1977 (Qld); ss135-139 EA.

Puzzles

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Sudoku

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Light Puzzle 1 (Easy, difficulty rating 0.42)

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

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

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