The Jurist 2015 Issue 1

Page 1

The Jurist Issue 1 2015



3

Contents President’s Welcome

Features

2015 Phillip C. Jessup Moot by Robbie Peschel My Internship with Ashurst by Harry Crawford

Time Tricks by Mara Morrigan

Why ‘I’ may be the most important factor in ‘Team’ by Elizabeth Lee Stop Worrying About What Everyone Else Is Doing by Anthony Lieu The top 5 Law Movies by Terri Arnold

Movie Plots in 140 Characters or less

4 5 6 9 10 12 16 18 19 20 24 26 28 30 32 33 34 36

The Jurist

Editorial

Portfolio Spotlight: Competitions

To Boo or Taboo? by Laura Haywood Semester Two Survival Plan by Olivia Hanna Can Lawyers Be Good? by Alicia Jennison Decriminalising Prostitution? by Kellie Pledger & Rhys Harrison

Flinders Legal Advice Clinic by Mara Morrigan

Reviews

Love You a Latte! by Alex Douvartzidis


4

Editorial It’s finally here! Welcome to The Jurist 2015. Hopefully, the adjustment to returning to study after a nice, cosy break hasn’t been too harsh. We’ve got some tips for re-acclimatising and making time for the law workload inside these full-colour pages. There’s also great insight into clerkships, maximising your time at law school, the best coffee on campus and around Adelaide, and a list of the must see law movies. There’s also a focus on improving your legal skills through FLSA Competitions or volunteering at the Flinders Legal Advice Clinic. We even discuss the ethics of booing! So, take a moment to unwind and peruse your student magazine. Next month we’ll be bringing you another issue with the focus on equity and social justice. If you’d like to contribute to The Jurist or even just send us your thoughts, please get in touch with us at publications@flsa.org.au. Here’s to a fantastic semester! Alicia & Mara

The Jurist

Special Thanks to: Our Sponsors; Lipman Karas ANU Legal Workshop Beyond Law Clayton Utz Minter Ellison Our Contributors; Alex Douvartzidis Annika Beaty Anthony Lieu Elizabeth Lee Hannah Brimstone Harry Crawford Kellie Pledger Laura Haywood Michaela Olsson Olivia Hanna Rhys Harrison Robbie Peschel Terri Arnold


5

President’s Welcome

by Annika Beaty

Greetings, and a warm welcome back to Flinders Law School for Semester 2. More importantly, welcome to the first edition of The Jurist for 2015! The Jurist is published by the Flinders Law Students’ Association (FLSA) committee each year. This magazine combines an interest in a number of different topical issues, student experiences, opinion pieces, reviews, and more. This is your magazine, and students are always welcome to contribute their thoughts, ideas, opinions and creative talents. I hope you had an opportunity to get some rest and relaxation over the mid-year break. Semester 2 has begun, and we are all slowly returning to our routine of attending lectures, preparing for tutorials, and making the downhill trek to the Flinders Laneway for food and coffee. Everyone has a different experience adjusting to university in the first couple of weeks, and a new semester can sometimes be a little daunting. Once the first week of introductory lectures (and no tutorials) is over, it dawns on us that we need to dig back into our textbooks and tutorial preparation, while keeping an eye on those deadlines. It can be difficult to get back into the swing of things, particularly if those final hectic weeks of semester 1 are still fresh in our minds. However, while we chip away at our readings and assignments, we must remember that often the most worthwhile experiences can come from taking on new challenges and forcing ourselves out of our comfort zone. While your studies might be the primary focus at the moment, there are so many opportunities available at Flinders that will allow you to enrich your degree. If you decide to sign up for a Law elective that will take you overseas, or sign up for a legal skills competition, or become involved in a new club or society, or simply commit to speaking in a tutorial, you are testing yourself, developing

new skills, and potentially discovering new interests. Regardless of whether you are a mid-year entry student this year, or you are in the final semester of your degree, making the decision to try something new will always pay off. Take risks, because nothing can substitute experience. One of FLSA’s main objectives is to enrich the experience of Flinders Law students through our activities and social events, legal skills competitions, wellbeing events, careers and education services, publications like The Jurist, and other initiatives. FLSA is running a range of activities this semester to provide students with a break from study and allow opportunities to try new things. Our calendar of events is kicking off with the Wallmans Wellbeing Quiz Night on Friday 28 August, and all students are invited to dress up for an evening of trivia. (For more information, please visit our Facebook page or drop into the FLSA office!) Later this semester, we will be running a morning tea, a pub-crawl, a climb up Mt Lofty, our annual Wellbeing Week, an equity lawn bowls event, and our committee elections. Our semester 2 competitions are currently underway. Rachel Cohn once wrote that ‘There is no such thing as “ready”, only “willing”’. Many of us may not feel ready to tackle a brand new semester, or sign up for new activities. However, if you are willing to make this semester the best it can be, then you will find the energy and enthusiasm to power through the next few months. 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 in room 1.08 in the Law and Commerce courtyard. Good luck this semester, and I hope you enjoy the first edition of The Jurist.

The Jurist


6

Portfolio Spotlight: Competitions The Competitions Portfolio has the role of organising all of the legal skills competitions that FLSA hosts. Our competitions aim to help students shape important practical legal skills and provide students with a great way of having some fun during their studies! Competitions are a valuable experience, which are not only exciting, but can be a great way to build your résumé. Typically winners of our competitions, except the First Year Moot, are sponsored by FLSA to attend the national championships at the annual Australian Law Students’ Association Conference. If you have any questions about competitions you can contact our Competitions Team at competitions@flsa.org. au or visit us in the FLSA Office. This semester we are running: First Year Moot, Mediation, Lipman Karas Negotiation and Sir Harry Gibbs Constitutional Law Moot.

Alexandra Douvartzidis Competitions Director I am a third year student studying a Bachelor of Laws and Legal Practice and a Bachelor of Behavioural Sciences (Psychology). I joined FLSA at the end of 2014 as a Competitions Coordinator, and have loved being a part of such a fantastic and dynamic team. 2015 has been a fantastic year so far, and with our new team we are aiming to make second semester just as great! This semester I am organising the First Year Moot. By entering the First Year Moot, you get the chance to gain experience early on in your degree, against students of the same level. Mooting not only enables you to improve on your legal knowledge and skill, but aims to enhance your public speaking skills, confidence, résumé and gives you a taste of how you can bring your studies to life!

The Jurist


7

Subcommittee: Anthony Busuttil Thea Paleologos Kelly Stephenson

Ann Thomas

Michael Croft

Competitions Coordinator

Competitions Coordinator

I am a fourth year Bachelor of Laws and Legal Practice (Honours) and International Studies student.

I am a third year law student and a recent addition to both FLSA and the Competitions team.

I’ve recently joined the FLSA team as a Competitions Coordinator and so far have thoroughly enjoyed the team work and being able to help provide students with various opportunities an experiences.

Competitions thus far has been a fantastic experience enabling me to engage with other law students, teachers, and professionals within the field.

Joining FLSA has been a great way to get involved at university and meet a lot of wonderful new people.

My role on FLSA this semester, I will be in charge of running the Lipman Karas Negotiations competition.

This semester I am running the Constitutional Law Moot. This competition is a great way to improve your advocacy and research skills and provides the winners the opportunity of competing at the national level in the Sir Harry Gibbs Constitutional Law Moot.

The negotiation competition simulates a negotiation between two teams of lawyers, who aim to reach a compromise for their clients, whilst attempting to avoid litigation. This will be incredibly beneficial in sharpening your skills for legal practice, and I would strongly advise in participating.

Caitlyn Hoey

Adam Hamilton

Competitions Coordinator

First Year Representative

I am a third year student studying a combined degree in Law and International Studies.

I am studying a Bachelor of Law and Legal Practice (Honours) combined with a Bachelor of Business (Entrepreneurship).

I’ve only recently joined FLSA and am really looking forward to being part of the competitions portfolio. Competitions has been a great avenue for exploring practical methods of learning, as well as being an opportunity to network with peers and professionals in the legal industry. This semester I am running the Mediation competition. This competition is a great way to hone your alternate dispute resolution skills, and experience another side of the legal system that resides outside the courtroom and involves interpersonal skills.

This semester, I am assisting various competitions. Competitions are a great way to connect and meet with other uni students. Additionally, by getting involved, you promote yourself to not only your cohort, but to lawyers, firms, and even judges throughout the semester. Not only is it a load of fun, but you experience insight into what it’s actually like being a lawyer, by gaining practical legal skills.

The Jurist


8

CAN’T WAIT TO CU!

Want the inside scoop on landing a role at Clayton Utz? Find it on Facebook! www.facebook.com/ClaytonUtzCareers

The Jurist


Features

The Jurist

9


10

To Boo or Taboo? Laura Haywood

I do not like booing. Booing seems to turn perfectly reasonable people into a mass of embodied anger. Unless you have been living under a rock recently, you would be aware of the subject of booing and a particular sportsman.

extreme escalation in audience participation that has thankfully lost popularity.

I am curious about the behaviour of booing. Why does something that appears to be so primeval still exist today?

The sound “boo” is onomatopoeia. It is an early 19th century English word to describe the sound that cattle made, which later became more commonly referred to as ‘moo’. In the later 19th century ‘boo’ became the word used to describe the sound made by disapproving crowds.

Booooooooooooo!

Would you do it on your own?

Booing has a long history. The first recorded history of audiences voicing their displeasure occurred in Ancient Greece, when playwrights competed during the annual Festival of Dionysia in Athens, to see who was considered to have written the best tragedy.

Behaviour performed by a congregation of people is obviously louder and more raucous just by the increased volume of voices and hands or feet. One person cheering or clapping on their own is clearly quieter than a crowd, while one person booing on their own is much less obnoxious than a whole crowd of angry spectators.

It was the audience’s civic duty to participate by showing pleasure for a performance by cheering, or displeasure by shouting or whistling. In Gladiator times, audiences actually cheered or jeered the participant that they considered deserved to live or die. An

In fact, it would be fair to say that a single person booing on their own would attract sniggers. When alone, most do act differently compared to when they’re within a group.

The Jurist


11

Some collective behaviours of groups are dangerous. For example, soccer hooligans are rarely effective on their own, but when acting as a mob they have done terribly destructive damage to both people and property.

Booing while a tennis player is injured during a match and being seen to by medical personnel is rude. Booing President Zuma during a memorial service for Nelson Mandela is rude.

Reasons for booing

Can the booing be stopped?

I understand that disappointed crowds, who object to decisions made against their team during sporting events, or protesters at a march, or an audience upset by a lackluster performance by a musician, may feel the need to voice their displeasure by booing.

How do you prevent crowds from ‘bully booing’ individual players? Seems like an impossible task. In October 2014, the governing body of European football, the Union of European Football Associations (UEFA), ordered CSKA Moscow to play three games to an empty There may be legitimate reasons to voice stadium after loud and violent fans shouted a collective displeasure. current example. racial slurs, displayed racist banners, threw flares on the pitch, and instigated fights with Imagine being the target of booing. police during a game in Rome. It is when the booing becomes less about the displeasure at certain behaviour and more Clearly, the Russian team had a much larger about booing an individual that I object to. problem with their fans’ behaviour than just This vocalised attack on a person is a mass booing, but it does indicate that a sporting form of bullying. Bullying in the form of racism, body is prepared to punish inappropriate to cite a current example. Imagine being the behaviour. target of booing. The impact of all that noise would be crushing. ...but booing has always happened! I am aware that there are times that a lighthearted form of jeering occurs between an audience and performers or sports people. For instance, encores at the end of concerts tend to happen after prolonged raucous taunts from fans. The atmosphere is different in these instances though. The jeering is mixed with cheers, stomping and clapping. ‘Bully booing’ is another sound completely. It sounds threatening. Mean. Scary. Just plain rude. You wouldn’t walk up to someone you disagreed with and shout “booooo!” in their face. The protection of anonymity in a crowd shouldn’t mean that bad behaviour becomes acceptable.

To suggest to Australian football fans that booing is rude and ill-mannered, may elicit a response like: “It’s just part of the game. Booing has always happened.” If we continued behaving in certain ways just because it has always been that way, then how would slavery have been abolished, how would women have earned the right to vote, or how would Indigenous people have become counted as Australian citizens rather than flora and fauna? I realise these are extreme examples, but my point is, just because something has always happened in a certain way, doesn’t mean that it should continue to happen especially when a seamy undercurrent of personal vilification or racism exists along with the boos.

The Jurist


12

The 2015 Phillip C. Jessup Moot

Robbie Peschel

What is Jessup? The Philip C. Jessup International Law Moot Court Competition is widely recognised as one of the most difficult and prestigious international law moot competitions in the world. The International Law Students Association (ILSA) has run this competition for the past 56 years. Over 550 universities all over the world compete in more than 80 countries. For every ten universities in each country, a winning team can go to Washington in the United States for the Championship Rounds of the Jessup Cup and compete against other winners of the regional rounds. In this case, the Australian rounds are held in Canberra, at the Australian National University’s Law School (ANU). Australia is fortunate to have a highly regarded and competitive regional round. This is evidenced by Australian universities success.

In the international rounds of the Jessup Cup, Australia has won 11 times with the University of Queensland winning the 2014 Jessup Cup. To place this in perspective, the international era of Jessup started in 1968, with Australia entering in 1977 placing second behind the United States (17 wins since 1968). The Jessup moot revolves around questions of international law before a hypothetical International Court of Justice (ICJ). The questions are presented in a compromis, which is a formal document that is agreed on between (in this case, hypothetical) nations to submit for arbitration. In this case, the ICJ, acts as the ultimate court of international arbitration. The compromis usually presents a situation that mirrors something that has occurred. For instance, this year it was the annexation of Crimea. There are four questions presented for each nation – one as appellant and the other as respondent in A, B, C and D format, with each alphabet having a similar subject matter as the opposing one.

The Jurist


Jessup is a topic offered at Flinders (LLAW3273 – Mooting and International Appellate Advocacy) under Dr. Grant Niemann as a summer elective. But this is no ordinary topic. The Jessup process is divided into two phases. First, is the written memorial process and, secondly, the oral submission process. Both processes are equally important. Each team can have a maximum of five members. The 2015 Flinders Jessup team comprised of five members, those being: Harry Crawford, Phillipa Ewens, Edward Shorne-Holden, Robbie Peschel and Carrie Eames. A previous Flinders Jessup mooter, Marina Williams acted as our coach.

The Memorials

13

This involves a vast amount of reading and research. It cannot be overstated that this is not something that can be done the night before. There aren’t as many ICJ cases as opposed to domestic law, but ICJ cases are often long, and vastly complex – requiring further extensive research, discussion and much agonising over questions of international law. You will learn more Latin words over Jessup than you will in a full four years of law school. On occasion, in cases that leave questions of international law open, you may feel the judges presiding over those cases is saying, “Well, we aren’t sure, so you give us an answer - and we will tell you if you are right.” This can lead to restless nights and long debates with other team members. That is a big part of Jessup.

The real work begins at the very start and does not stop until the team is out of the Jessup. The written memorial process commences around early November, although some universities start earlier. The competitiveness of the Jessup is highlighted by the fact major universities run their own Jessup selection process within the university by requesting that candidates provide a partial written answer for a previous compromis and oral advocacy prior to officially starting the current year’s competition. How the written memorial is composed varies across universities. Flinders divided each A, B, C and D among four members of the group, with the fifth member as researcher assisting the other four members (no small task).

Each memorial is approximately 11,000 words long. There must be two memorials submitted, one for the appellant and one for the respondent – making a total of 22,000 words (around 60 pages each) all up. This includes a cover page, contents, statement of facts, and summary of pleadings, pleadings and prayer for relief. The rules are strict in terms of submission of memorials, with penalties given for everything from small issues such as font size or binding to larger problems such as length or tardiness. The memorial is only the first step on the road to Canberra though. It serves as a ‘roadmap’ of what you will be submitting during the oral submissions in Canberra. After the memorials are submitted, you will likely During this period two batches of materials continue to research and discover new angles are released by ILSA, which contains key to your claims that can be introduced during cases, treaties and other secondary sources oral submissions. to assist the students in preparing an answer. The Jurist


14

questions, and hopefully learn to answer your way out of sticky questions without going off Major universities put significant funding into on a tangent you don’t want to be on with their Jessup team. The hiring of barristers time running out. Intensive oral advocacy ran and judges for the period of oral advocacy right up to the weekend before the flight to practice highlights this. Our team was fortunate Canberra with a final oral delivery made to Dr. this year, in that, for the first time at Flinders, we Niemann as part of the grading process. had intensive practice sessions every day from 9-12 for three weeks - including weekends.

Oral Submissions

The Jessup

The rest of the day was usually spent preparing and improving upon submissions for the next day. The team was lucky to have the assistance of Dr. Niemann, Felicity Niemann (Wallmans Lawyers), Jamie Watts (Cowell Clarke), Flinders lecturers Tina Dolgopol and Elizabeth Handsley and to have previous Flinders Law School graduates, Alyssa Sallis and Katrina Hartman, judging our oral submissions and providing feedback. The change in each team member’s oral advocacy skills from the first day of intensive oral practice to our last one the night before the ‘real thing’ was clearly significant. Oral advocacy in a Jessup involves two members of the team presenting A & B and C & D for either applicant or respondent respectively. This requires team members to know each claim intimately since judges can surprise you with questions in relation to a different claim. A third member can sit at the table as ‘of counsel’, assisting the other members but not giving oral submission. There is no talking at the table at any point, and only notes can be passed (but not to the person who is speaking at the time). Rounds run for 45 minutes each, a general rule of thumb being 20 minutes allocated for appellant and respondent, with five minutes reserved for surrebutall. Before the ICJ, oral advocacy is different to what you expect in domestic courts, but the artistry of oral advocacy applies to both. As opposed to saying “your Honour”, you say “your Excellency” or “Madame/Mister President”. You learn to address specific

The Flinders 2015 team were fortunate enough to receive funding for return flights to Canberra from FUSA. In previous years, Flinders Jessup teams have been partially self-funded. This year’s team was fully funded for accommodation, flights and printing of the memorials. This year’s accommodation was only a five minute walk from ANU. On the first day, Tuesday the 3rd of February, we had to register teams so we could be given the opposing teams memorials for perusal in the lead up to the preliminary rounds. The Administrator of the Australian rounds gave a speech in relation to the rules and practices of the Jessup oral rounds. Then it was time for drinks at the ANU bar, enabling different teams to mingle with each other. Generally this is short lived, as most head back to their accommodation to prepare for the intensive first moots the following day. This is the time to use the other team memorials as a guide to what might be expected from the opposing team. There were two first preliminary rounds on the first day of preliminaries, and another two the following day. All team members delivered oral submissions. After oral submissions are given, the people simulating Judges give us background information about themselves – the standard of Judges is incredibly high – a likely contributor to the success of Australian Jessup teams in the international rounds. There were Judges from the Attorney-General’s department to the Australian Defence Force, all with extensive experience in international law. Some asked more questions than others.

The Jurist


All of them test your nerves during submissions. They also supply general feedback (not individual) which is useful for the next moot.

15

world and have an impact on you mentally and physically. There will be periods when you question why you are even doing it. But rest assured, the rewards are there. It is safe to say that all of the members of the team have become better team workers, researchers, writers and, most important of all, oral advocates. Those skills are transferable to many aspects in many careers whether you follow a career into law or not. The Jessup is widely recognised in the legal community and is often a step in the door once it comes up in a clerkship interview.

The results are given at a BBQ on the Thursday night following the last round of preliminaries. The Flinders team managed to win one preliminary round out of four. While it may not seem really impressive, take into consideration the vast amount of funding and support other universities supply to their respective Jessup teams, along with the fact that our scores were only shy of a few points to win in the other three. This showcases all the hard work, skill and commitment the team contributed It is worth considering doing the Jessup, as it is as a whole to make it to this point – getting to truly a once in a lifetime experience. Canberra is a task and a bit. The quarter-finals were held on Friday. Then the semi-final was held on Saturday at the Supreme Court of the ACT, followed by the Grand Final held at the High Court of Australia with Chief Justice Robert French (giving up his Saturday) as President. The University of Western Australia and University of Sydney were both finalists, with University of Sydney winning the Australian Jessup of 2015. Both teams performed so well that it was difficult to see a clear winner between the two. Lastly, there is a grand dinner held in the foyer of the High Court of Australia, where awards are handed to teams. The 2015 Flinders team were voted by other teams and coaches to be awarded ‘Best and Fairest’ and ‘Spirit of Jessup’ – the latter recognising the adversities smaller universities have overcome to attend and compete amongst some of the biggest universities in Australia

After Jessup There is no doubt that doing the Jessup moot borders on being insane. The workload is phenomenally huge; it is unlike any other topic. It will consume nearly your entire summer, test your relationship with the outside

Special Thanks to: Flinders Law School, Dr. Grant Niemann (topic coordinator) Felicity Niemann (Wallmans Lawyers), Jamie Watts (Cowell Clarke), Marina William (student coach, previous ‘Jessuper’), Katrina Hartman (Flinders graduate, previous Flinders ‘Jessuper’), Alyssa Sallis (Flinders graduate), Tina Dolgopol (lecturer), Elizabeth Handsley (lecturer), FUSA for funding the flights, and my two signed interpreters throughout this event, Imran Webb and Sarah Dempsey.

Joining Jessup for 2016: A Jessup team will be selected by week 5 of this semester. To express interest in this elective, please provide a 250 word statement detailing the following: - Why you would like to participate in this elective and compete in the Jessup moot; - The skills and knowledge you can bring to the team; and - An explanation of the level of commitment you can dedicate to this elective over the summer. Please forward all expressions of interest to Robert Peschel at pesc0007@flinders.edu.au by Friday 21 August.

The Jurist


16

Semester Two: Survival Plan Olivia Hanna

The mid-year break is now well and truly over, so I hope you have all caught up on Game of Thrones, Suits and Orange is the New Black while we had some semblance of a life. Some of us may be keen for the new semester – new topics, new lecturers, fresh stationery – while the rest of us are seriously considering if working in retail for the rest of our lives would really be that bad. Rest assured, motivation can be reborn! While I am no psychologist, I’ve come across some methods of changing your behaviour to effectively boost personal morale and get back into the beautiful disaster that is law school.

Fake it ‘til you become it A 2012 study found that your non-verbal behaviour not only communicates to others, but also affects your own physiology. Merely standing or sitting in a powerful pose for two minutes increases your testosterone (dominance hormone) levels and lowers your cortisol (stress hormone) levels, directly affecting your confidence. A powerful pose requires you to take up more space and make your physical presence more prominent. Practicing this in a bathroom or somewhere else out of the public eye for a couple of minutes is a simple and quick method to make your body believe you will be successful when confronting a stressful task.

Your mind is also affected by the types of clothing you wear. I’m certainly not saying that ‘power dressing’ is for everyone, but studies have shown that wearing certain garments brings out characteristics associated with that type of garment. For example, you might notice you feel fitter when you put your gym clothing on, compared to how relaxed you might feel in your track pants and hoodie. This is entirely individual, but you might be surprised at the difference in your attitude toward studying if you try out a button down shirt instead of the first t-shirt you find on the floor that has less than three food stains.

Assume the captaincy Did you find that study went really well up until Week 3 and proceeded to accelerate downhill from there? Don’t let any failures or disappointments from Semester One dictate your future results. You are the captain now! Semester Two brings you the opportunity to build effective study habits that you can perfect for first semester next year. Think of the future! For some people, filling in all your due dates in a diary or on a calendar provides a visual timeline and breaks the semester down into attainable portions. Colour coding, specific

The Jurist


study time allocations, highlighting, typing your notes right after a lecture – whatever your personal strategy is, own it. Tell yourself you can do it, visualize yourself doing it and then just do it! Sass yourself if need be. Motivation follows action, and maybe you’ve even noticed that you enjoyed that Contract assignment once you threw yourself into it.

17

patting your dog, talking to a close friend or listening to your favourite song (I recommend Peanut Butter Jelly by Galantis).

Even achieving a goal will trigger the release of dopamine. Regardless of the seriousness of the goal, simply setting yourself a small task and recognising you achieved it will trigger the release of dopamine. So, you’ve got four ways you can channel the body’s ‘happy Alter your study environment fuel’ to put you in a better mental position for If you’re a Law Lab local like myself, and notice studying. that productivity levels seem to be alarmingly low whilst inside said lab, you may benefit Engage with your peers and the from a change of scenery. The Law Library law school offers computers, larger tables for group work and silent areas for your personal maximised Firstly, this is not an incitement to collude with study time. your classmates. However, learning is so much Apparently, outside is also a nice place to study, but I would recommend several blankets until the weather improves. Interestingly, green is a colour associated with motivation and higher levels of creativity. Here is your added incentive to study outside amongst the greenery and feel the natural increase in motivation. I’m sure the fresh air is of some kind of benefit also.

more enjoyable when you have people to share your thoughts, struggles and epiphanies with. The Association also aims to facilitate friendships and connections via different activities, events and forums throughout the year.

Law Ball and Pub Crawls are just the tip of the iceberg, with careers, education and wellbeing events happening often, plus the practical experience of competing in Dope up competitions. Find something that interests Dopamine is another chemical that you can you that makes studying law more entertaining manipulate to change your attitude. The and introduces you to the people right beside release of dopamine generates feelings of you in the marathon to graduation. pleasure and enjoyment, so it may be that you These tips are merely suggestions on how you can tackle some of the more painful readings might be able to make small tweaks to your if you learn what releases dopamine for you. regular behaviour to affect your productivity Many foods trigger it, including fish, blueberries, and confidence for the rest of the year. There’s chocolate, white cheeses, avocado and only so many times you can hear someone almonds. Baked goods and ice cream also tell you to stay positive while your tears are result in dopamine spikes, however they can dripping into your KFC bucket as you read the cause a dramatic crash. That’s why one same paragraph of Blackshield and Williams seven times to no avail. cookie is never enough! Exercise also stimulates the release of dopamine – and it doesn’t have to be a twohour hard-core workout. The same applies to everyday activities you find happiness in, like

And lastly, remind yourself WHY you are studying law. We often become so overwhelmed by the sheer amount of reading and deciphering we do that we lose sight of why we wanted to study the law in the first place.

The Jurist


18

Interning at Ashurst Harry Crawford

I recently completed a four week clerkship in Brisbane at one of Australia’s top law firms, Ashurst. Ashurst have over 1,700 lawyers and 28 offices worldwide. Until late 2013, Ashurst was known as Blake Dawson in Australia, but is now part of the global Ashurst brand as a result of merging with an English firm. The Brisbane office has about 100 lawyers, its main areas of practice being employment, litigation, corporate, property, utilities, and resources. I was working in the Construction team, which works on the contracts of large infrastructure projects, such as highways, trains and Olivia Hanna mining facilities. First, it almost goes without saying that Ashurst is an amazing firm. Ashurst has a truly international client base; for example, lots of its mining clients are Japanese companies. As a premium firm, Ashurst does lots of work that other firms don’t get to touch. The first year lawyers that I worked with had some great opportunities. One had been to Japan and worked in Ashurst’s office there for one year.

How I spent my days As for what I did day-to-day, I gained an intimate understanding of how complex contracts work. I researched contract law and relevant legislation, and produced memos for use by senior lawyers. I also proofread hundreds of pages of contracts in the time that I was there. This was valuable because understanding contracts is such a fundamental skill for lawyers, or even for non-lawyers, as contracts govern so much of what goes on behind the scenes. Having a good understanding of how large contracts work is a skill that is applicable to all contracts, not just construction contracts. A full service commercial law firm like Ashurst does a lot of different types of work. The other clerks got to do some really interesting stuff in other teams around the firm. They got to go to court, interview witnesses, meet clients and put together documents that were directly used by the firm. One clerk got to go on a trip to the Gold Coast to interview a witness! I was a little jealous. But I was

pretty happy where I was too: working in an office on the 39th floor with a river view is pretty nice. Ashurst is well known for its positive culture. I made lots of friends, and Ashurst is undeniably a good place to work. They also have some good ‘extras’ for their employees, such as free gym memberships and Friday night drinks, which adds to the collegiate atmosphere of the firm.

Highlights I found the best aspect of my clerkship was meeting people around the firm and hearing what a wide range of opportunities are available at a firm like Ashurst. I got to interact with so many people and find out what a firm like Ashurst is doing, and where it is heading. Unfortunately, due to confidentiality I can’t tell you about the most exciting things that are still in progress. Ha! But seriously, the opportunity to have these conversations was a great advantage of getting experience at this type of firm. Being somewhere innovative and cutting edge will teach you how to be at the top of your game.

Getting here On a practical note, if you really want to intern at a firm like Ashurst, you need to work hard. You probably have no comprehension how hard you have to work. First, you need to get the interview. Then, you need to get the actual clerkship. And only a portion of those clerks will get offered a graduate job. That means, if you want to work at a firm like Ashurst, you need to really stand out. That is a pretty daunting task. However, the good news is it isn’t out of reach. I think the absolute most important thing is to work hard, no matter what you are doing. Even if you don’t want to work at a firm like Ashurst, don’t just resign yourself to that and give up on ever getting a ‘law job.’ In this day and age, you are going to have to work hard to get anywhere. Truly, that is the single most valuable lesson that I got from my clerkship.

The Jurist


19

Can Lawyers be Good? Alicia Jennison

Some of you may have seen the billboard advertisement for Andersons Lawyers that shows a man hugging a dog and asks: “Can lawyers be okay people?” They answer that at Andersons, they can. This billboard really struck me because I often get asked this question when others discover that I am studying law. Lawyers are frequently regarded as sneaky people that are focused only on money. I decided to discuss this with some friends and their responses were as follows: “I do not think lawyers are bad people because people cannot be categorised by their careers, but only by the content of their character. Therefore, lawyers are not bad nor good people, but simply people all of which vary in their nature.” – Kelly Stephenson “There is a common misconception that lawyers are “bad” because they are required to adhere to laws and legislation passed by our government. For example, the right to representation and a fair trial seems “ridiculous” to certain people for certain cases. A person being trialled for rape may hear the public cry out in anger and outrage. They ask, “how could someone represent someone like that?” without really acknowledging that a person is innocent until proven guilty. We could see a lot more innocent people being found guilty without such a notion in place. So regardless of the fact some people are indeed guilty, we forget that without these laws, so many people

would see themselves victims of the law.” – Alex Douvartzidis To add to their sentiments, I believe lawyers can actually be good people, and no I’m not just talking about Mike Ross from Suits. Take Hugo Grotius for example, Grotius is known as the father of International Law. International law brings nations closer together and assists in dissolving legal issues between States in the most civil and peaceful way possible. Or take Marcet Halderman-Julius who defended an innocent African American in front of an all white jury and changed the civil rights world significantly. When someone is going through a divorce, has been wrongfully terminated, has been ripped off by a shonky salesperson, has been defamed, or is fighting for custody for their children, lawyers are there to help resolve these issues. Yes, this help comes at a price, just as every profession requires payment for their services. Not all lawyers love charging people high fees for their help, just as doctors don’t love charging their patients. The industry is indeed trying hard to reduce legal costs for those who cannot afford it, for example through legal aid services and pro bono work. The reality is that the service that lawyers provide is very valuable. In summary, I do not think practicing law renders you a monster. History reveals that people like Mike Ross really do exist, so have faith!

The Jurist


20

Time Tricks Mara Morrigan

We all face the challenge of fitting in enough time every day for study, work, contact hours, personal care, relationships, and recreational activities. Some manage this balance better than others, but everyone can benefit from streamlining their day. Best of luck & better times ahead!!

Time blocking

To-do time

Taking time out

Make your list make sense and be achievable by taking goals and breaking them down into smaller tasks. Firstly, define each goal (write a case note), and then deconstruct this into subsets (skim read case by 6pm, look up difficult terms in a legal dictionary, research history of case and the cases referenced, close reading completed by 9pm). These individual tasks are the ones that go on a todo list, not the overall goal (write case note) since that is too broad. Review and update this list daily if the work is urgent.

If you get really stuck and stressed, relax by taking a bath, walking the dog, or meditating. It can help your project if you take the time to recharge when you feel overwhelmed. Plus, ideas or new angles may occur to you as your brain switches speeds.

Studies show that it takes fifteen minutes to get into the zone of focusing on a complex task, so block out segments of time (in hours) for a project. Find somewhere quiet where you won’t be disturbed and switch your calls to go to voicemail. Commit utterly to getting the task done. If you do get interrupted, it can take up Time to get organised to 25 minutes to get back into the flow of things, Undo the disorder/clutter/chaos. If your files, so if you know it will distract you, turn off the computer, desk, room, or car are in disarray, internet after downloading the files you’ll need take the time to sort them out so that you are for your assignment. If you know you can’t do not wasting time locating basics every time this alone, try these apps: http://anti-social.cc/ you need to get work done. This can save you or http://macfreedom.com/ for Macs; http:// hours of frustration later. crystalrich.com/internetoff/ for PCs.

Productive procrastination time

There will always be procrastination. The positive spin on this is that you’ve managed to motivate yourself to avoid a particular thing. Therefore, you are capable of being motivated and accomplishing stuff! So, if you One task at a time must procrastinate, do something worthwhile Forget about multitasking! Concentrate on with that time. Clean, brainstorm, do your a specific task completely. Don’t try to read readings, or start work on another assignment. cases while watching TV or write a research Then, when your mind starts to wander, you essay while checking Facebook. Concentrate can try to settle down to the original task on one important task at a time. Focus on again and actually make some progress this priorities for a set amount of time separate time. from other tasks (See Time Blocking). 2

The Jurist


A d ay in t he life of a Mint er Ellis Liz O’Ke on clerk effe – r o t ation in a nd H R In s u r a n & IR tea ce & Cor ms porate R isk Su m m e r clerk 20 13/2014

About Minter ellison The Minter Ellison SA/NT partnership is part of the Australian-based international law firm offering a full range of legal services to an impressive list of clients across Australia, in Asia and globally. Our clear thinking, strong technical skills and ability to deliver practical solutions have led to our involvement in the Asia Pacific’s most innovative and high-profile transactions.

Every day, every person at Minter Ellison plays a vital role in helping clients to close deals, find solutions, resolve disputes, grasp opportunities and create value. You’ll work with and be mentored by some of the best legal minds in the business. We’ll offer you real work experience and help you to develop the legal and commercial skills you need to achieve excellence.

8.30a m A rrive at work. Gr up brie fl a b a cof y wit h a fee, che couple of ck e m a i staff m ls, catc 9.00a m e m b e rs h for a ch Meeting at. wit h sen at e m plo ior asso y m ent a ciate in dvice, u HR&IR te of t he F npaid a a m w h er air Work n nual le e asked ave, lon Act etc to look g ser vic in relat e leave, ion to a 11.00a m breache Attende p articul s d ar client m eeting worksite wit h t h . re ga rd i e partn n g e r in HR&I potenti m o v e to al i nd u R at t he d iffere strial a client’s nt pre m ction fo ag r e e m e i s e s, r worker deed s of nts, a nd s opposi settle m t w o d is ng ent for p ut e d t e ter m inat r m inatio 2.00p m ion n heari A q uick n g s. b r e ak for a a chat w late lu n it h a co ch, caug uple of ht up fo t he ot h r er clerk 3.00p m s. Worked o n a negotiat Cou r t m ion pla n ed iatio n for on for a co te a m i n e of t he urt-enfo relation senior a rc e d M a gistrate to a n e w ssociate s s in t h e m ploy m e HR&IR 4.30p m ent relat Asked t e d m atter. o pr e p a re d by a sen isclosur ior asso e letter ciate in s to v a r t h e In s ious defe u ra nc e 5.00p m nd a nts & Cor por Finalis ate R isk ed a de to t he pl fence a tea m. nd lette aintiff’s r to c o u solicitor fi le defe nsel, pr s re q ue nce for e p a re d sting a a partn a letter n e x te n e r i n In sion of s u ra nc e 6.00p m t i m e to & Cor por Po p p e d ate R isk i n to p a . r t n er t o d ro p t he d oc u m ents off. Ho m e ti m e!!!

Real people achieving excellence

ADELAIDE AUCKLAND BEIJING BRISBANE CANBERRA DARWIN GOLD COAST HONG KONG LONDON MELBOURNE PERTH SHANGHAI SYDNEY ULAANBAATAR WELLINGTON

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

www.minterellison.com

The Jurist

21


22

Decriminalising Prostitution? Kellie Pledger & Rhys Harrison

Prostitution is taboo. Sex, money, religious conviction and politics of gender: a steaming ball of everything your grandmother told you not to talk about at the dinner table. And yet, every time the topic enters the national conversation, we can’t help but be drawn into the quagmire. What is it about the seedy underworld of sex work that gets us so fired up? Is it the titillating nature of the subject? The schadenfreude of watching vocal political movements fight within themselves? Could it even be the enjoyment of seeing substantive debate on a social issue? No, scratch that last one – let’s not go overboard. This round of controversy has been brought to you by Amnesty International and Lena Dunham (\well, she just signed a letter written by the ‘Coalition Against Trafficking in Women’ along with dozens of activists, politicians and experts; but how many of them have a dramedy on HBO?). In April, Amnesty released a draft proposal which would change their official policy to oppose ‘the criminalisation or punishment of activities relating to the buying or selling of consensual sex between adults.’ It hit the newsstands this week when the letter opposing the changes was published with significant celebrity support.

Now in a new take on an old classic, Kellie and Rhys will walk you through the pros and cons.

She says yes! Amnesty International (AI) has escalated the subject of prostitution from a moral dispute, to a matter of international human rights law. A recently leaked AI draft proposal, calling for countries to not criminally penalise any person selling his or her own sexual services, has reopened the controversial age old debate. For decades Australian sex workers have advocated for nationwide decriminalisation, with minimal success. Will the support of AI finally see a prochoice, progressive change across all Australian States? I hope it will, in fact, I anticipate a day when prostitution is nationally, and uniformly, legalised. I am an educated woman living in the age of feminism: why would I support a malevolent institution that tolerates the exploitation, abuse, rape and trafficking of women? The short answer is, I do not. I do support consenting adults, who choose to engage in sexual activity with other consenting adults, for payment – without fear of criminal prosecution or societal persecution.

The Jurist


I also acknowledge that not all sex workers are female, and not all ‘punters’ are male, which seems to be a fact that is commonly overlooked. There is a distinct difference between the barbarisms that people associate with prostitution, and the act of prostitution itself. Decriminalising prostitution does not mean condoning other associated crimes; it means accountability for those who choose to exploit, or cause harm to sex workers – without fear of legal consequences for the victims. Regardless of the criminal status, over 20,000 Australians choose to generate an income through prostitution, with no shortage of clientele. Sex workers who fall victim to offenses such as human trafficking, physical abuse, and rape are less inclined to report such abuses due to the legal and moral repercussions placed on them. In her expert opinion, Marjan Wijers, former Chair of the European Commission’s Expert Group on Trafficking in Human Beings, has stated: “Criminalizing the sex industry creates ideal conditions for rampant exploitation and abuse of sex workers...[I]t is believed that trafficking in women, coercion and exploitation can only be stopped if the existence of prostitution is recognized, and the legal and social rights of prostitutes are guaranteed.” Prostitution in Australia, for the most part, is governed by criminal laws. The purpose of criminal laws is to define and establish punishment for conduct prohibited by the government, which threatens and harms public safety and welfare. Various human rights bodies, such as AI, believe the use of criminal laws in relation otherwise consensual sexual conduct have been found to be discriminatory,

23

a violation of an individual’s rights to privacy, self-determination and dignity. Nationally decriminalising prostitution would see the use of criminal laws as a governing mechanism replaced by acts and regulations, which are more specific, and offer greater protection to, those working in the sex-trade. A few Australian states have taken a more liberal approach to prostitution, by not only decriminalising the act, but also legalising licensed brothels. Research into the use of legal brothels has proven that they are a safer alternative to street, or otherwise illegal, sex work. A study of sex workers from licensed brothels in Victoria, conducted by Groves and colleagues, found that only 38% of workers studied were concerned about safety; while 47% were more concerned about community attitudes towards sex work. Legalisation of prostitution on such a small scale renders legitimate workers more susceptible to the negative perceptions that surround the greater proportion of illegal sex work. Legalised brothels are subject to strict occupational health and safety regulatory bodies, like any other workplace, which encourages proper sexual health and hygiene practices. Whereas the nature of the illegal sex trade discourages workers from implementing time consuming and often incriminating safe sex practices, for example the use of condoms. This leads to misconstrued public perception; such as all sex workers are likely to spread HIV and STI’s. The negative perceptions surrounding prostitution can leave workers feeling vulnerable, isolated from others outside the sex industry, and displaced from their families, in turn breaching their basic human rights.

The Jurist


24

The study also outlined that legalising prostitution in licensed brothels alone can lead to the exploitation of sex workers at the hands of brothel owners. National legalisation of prostitution would see industry wide reform, which in turn could potentially reduce or eliminate the societal persecution that workers currently face.

But I think it would be selling this issue short to say that it can be summed up entirely through an examination of data and economics. The human element of prostitution, and the connection of that element to political ideals and moral standards, is what makes it such a controversial and intriguing topic to a large number of people.

While both decriminalisation and legalisation of prostitution has shown significant benefits to the rights, health and safety of sex workers, we have not yet reached a faultless model, in which human rights are truly upheld. Widespread legalisation would afford workers further choice and greater rights that are currently lacking; such as the ability to legitimately operate as sole traders, or to form unions.

Both sides of this argument cite liberalism and feminism as the foundation for their point of view. The pro-decriminalisation side make a similar case as they have in their broadly successful fights for women’s access to birth control and abortion: the rights of women to control their own body. This is a comfortable position on the left – conservative control of women’s healthcare has been a significant call to arms for at least the past twenty years. In that light, it does seem ridiculous for the government to be able to determine whether or not women have the right to have sex for money.

The many arguments that surround the issue of prostitution, significant variation between each states legal status of sex work, differing ideologies of feminist movements, as well as differences in political attitudes make an already controversial subject even more so. Despite differences in both ideology and outcome, it is likely that we will see an ongoing evolution of political approaches to prostitution. In the meantime, Amnesty International taking action is a step closer to pro-choice reform for sex workers, and pro-choice is a step in the right direction for improved human rights.

He says it’s complicated! It seems like the facts are pretty clear: decriminalisation and regulation do reduce the risk of exploitation, abuse and disease for sex workers and their clients.

It’s almost a knee-jerk reaction at this point; when government tries to legislate vaginas, things go horribly wrong. This is combined with the sex-positive politics of the modern era to frame the argument that prostitution is like any other job. Their anecdotes are of women being empowered through their choice of career, of high-powered escorts and women paying their way through university from occasional ‘dates’. As they see it, the government has no right to stop people making money from sex, and any attempt to do so is akin to the anti-sex rumblings of conservatives. If control over women’s bodies was the central point of debate, I doubt there would be much of an opposition to decriminalisation. But there

The Jurist


is an opposition. And according to them the question should be asked very differently: should men have the right to buy sex? The purchasers of sex are often forgotten in any discussion about prostitution. Yet they make up half of the transaction: there is no supply without a demand. And it’s the legitimacy of this demand that has brought the opposition to Amnesty’s proposed change. Those against decriminalisation see prostitution as yet another way for men to control and exploit women, using cash to buy back their dominance over the female gender. As such it would be fundamentally inappropriate for governments to protect the purchase of sex through legalisation. The stories that they tell are of young mothers forced to sell sex to misogynistic customers in order to feed their children; of drug addicts turning to sex work to feed their untreated addictions. To them, criminalising prostitution isn’t restricting the rights of women, it is protecting them. In fact, it seems that to them prostitution isn’t about women at all; the focus is on the buyer and the supposed duress that forces women to sell their bodies. I find it truly fascinating how gender has become such a powerful tool in the debate. From the legalisation side, you’d never hear a whisper of any male involvement in the prostitution process. All prostitutes are Julia Roberts, empowered by their chosen career as a self-employed contractor, and raking in the cash from nondescript and unimportant clients.

25

Every act of purchased sex is an assault against their dignity and rights – some going so far as to call purchasing sex tantamount to rape. From a central point of view, the legalisation argument seems to rob the situation of its dark realities, while the opposition robs prostitutes of agency over their situation. The truth likely lies somewhere in the middle, but it’s certainly interesting how the role of gender in this debate plays so heavily to stereotype. To conclude, I’m going to be incredibly lazy and pick a cop-out answer: I don’t know. The only argument I have is that the debate is not as black and white as some participants would have you believe. You can maintain your feminist ideals and support decriminalisation, but you can also fight for liberty while opposing it. This is an issue so complicated, that a simple yes or no answer could never be enough to properly answer its complexities. Yet organisations like Amnesty International and the Coalition Against Trafficking in Women are given the unenviable task of advising governments in making a decision one way or another. So in both situations, the only thing I am able to do is commend their bravery in standing up for the side they believe is best. Effective public policy doesn’t come from one side of a coin, and hopefully groups on both sides will be able to work together to create the best possible legislation for sex workers.

Meanwhile, in the anti-legalisation camp, sex workers are a group of oppressed women who have been forced into the position by duress.

The Jurist


26

Why ‘I’ may be the most important factor in ‘Team’ Elizabeth Lee

There is no ‘I’ in ‘team’ Elizabeth Lee is a lecturer in professional legal skills, litigation and legal clinic at ANU Legal Workshop although she spent a lot of her time at law school teaching group fitness classes. When she’s not on a stage somewhere dancing, you’ll find her at various charity functions (because she misses going to law balls) or on the bike paths of Canberra on her Pashley Princess in a dress and high heels.

This is a phrase that you may have heard a lot in primary school and throughout high school. When you got to law school, you probably noticed that the shift moved away from “team” to your individual achievements. The natural ambition of law students, the requirement for individual work (at the cost of severe consequences for breaches of academic integrity rules) and the structure of assessments and exams, get law students to focus on the competitiveness of law school and of legal practice.

The Jurist


I thrive in a community Law does not exist in a vacuum. Law exists in the context of a wider society; it has been shaped and challenged by our community and the culture of our history. The law exists to protect. It gives rights and limits to the members of our society and, as lawyers, we are equipped to interpret and provide access to the law for members of that society. There is a reason why toddlers are encouraged to participate in early childhood education to “socialise” them into society. A reason why making friends at school is so important and a reason why management and leadership strategies focus on how to deal with people. We are, by nature, social beings. We thrive in communities and we experience our highest highs and our lowest lows because of our reliance on and our disappointments in the people around us.

What I do impacts on others Despite popular belief, lawyers are not selfish and unfeeling. It takes an extraordinary person to pursue a career in law because it is a profession that expects the highest standards of its members. We are, after all, in a position of privilege: a position of knowledge, status and capability to make a real impact on the vulnerable members of our society. My father once told me that whether I like it or not, as a lawyer, my words carry weight. People will listen to and rely on me and I must always take that responsibility seriously. I try to always keep this in mind in the toughest times when I’m tempted to, selfishly, take the easy way out. I remember that I need to take the

27

good with the bad; that the privilege of being a member of the legal profession comes with it a very real responsibility.

To change the world, I need to start with me During the last federal election, I had an interesting conversation with a friend who commented that she was jaded with the current political debate in Australia. When I said, that’s why it’s important to take her democratic rights seriously and think carefully to vote for the right candidate, she shrugged and said, “What’s the point, it’s only one vote, it won’t make a difference”. In a world where each of us gets one vote (that carries the same weight), if one vote doesn’t count then no other vote counts. In other words, every vote counts or no vote counts. A team is only as strong as the individual members within it. You don’t have the power to change how others act, think or react. However, what you do have is control over how you act, think or react; and how you can empower others to reflect and consider how they act, think or react. Acknowledge your strengths and weaknesses; what motivates, inspires and moves you. Only when you know yourself (warts and all) can you be a valuable team member. Acknowledge that there is good in everyone and instead of rebuffing weaknesses in others, consider how you can use your strengths to support them. After all, there is no “Team” without an “M” and an “E” and the buck stops with me.

The Jurist


28

Flinders Legal Advice Clinic

Mara Morrigan

Flinders Law School runs a free Legal Advice Clinic for the public on campus on Tuesdays and Wednesdays. Law students and recent graduates, supervised by qualified lawyers, staff the clinic. This helps students get real law practice experience while giving the entire community access to legal advice at no cost. The Clinic also runs at Christies Beach Magistrates Court on Thursday mornings The sorts of legal problems people can seek advice about from the clinic include negligence claims, minor civil claims, contract issues, fencing and neighbourhood disputes. The Flinders Legal Advice Clinic can also guide people in drafting pleadings or other legal documents as well as explaining court procedures and processes to them. While the clinic provides advice, neither student interns nor solicitors at the clinic can represent a client in court. In 2014, the Clinic won the Vice Chancellor’s Award for Excellence in Teaching and also a first year curriculum grant for its distinctive and inspirational clinical legal education methods.

Step inside a modern small law firm Unique to a university-run legal advice clinic is the use of LEAP, the legal software package used by small firms. LEAP’s license is sponsored yearly by the manufacturers and allows the clinic to mirror real practice by having interns file both paper and electronic files. As Tania Leiman, a Flinders Legal Advice Clinic supervising solicitor, explained to me, the crucial thing about the Flinders Legal Advice Clinic is that it is run on the level of a small private practice firm thus providing invaluable experience for any trainee lawyer. One student volunteer described to me how this environment enabled her to understand lawyering in more depth than either law school competitions or PLT topics had allowed her to. This professionalism extends to student behaviour and outlook too. To begin with, interns go through a stringent process by submitting a formal application before attending a faceto-face interview. They then must complete two half days of intensive induction, sign a confidentiality agreement and comply with codes of professional behaviour and dress.

The Jurist


The expectation of all work undertaken by Flinders Legal Advice Clinic and the advice given is set to a very high standard. In every matter, the client and duty to the court remain paramount. Every student I spoke to found the rigorous professionalism a vital component of FLAC that assists in securing employment in real legal practice.

Nurturing legal minds Supervising solicitors are careful to facilitate a safe and effective environment for interns. Somewhat like a triage nurse, the supervisor sits in on the first few minutes of a client interview before the student takes over. No actual advice is given at this first meeting. Rather, a statement will be written up and sent out to the client to sign and return before the next appointment. First year participants get to help prepare these statements. Flinders Legal Advice Clinic is also unique in providing this level of involvement for those just starting their law degrees and those who experienced a day of clinic participation as new law students described it in glowing terms. The legal profession is a stressful one and sometimes practitioners can experience vicarious trauma. Such potential harm to clinic interns is greatly lessened by the exceptional senior staff and their implementation of the Tristan Jepson Memorial Foundation’s Psychological Wellbeing Best Practice Guidelines to ensure a healthy workplace environment.

Tania also highlights how FLAC prepares interns for the practice of law in a broader context as well. Being exposed to a diverse range of clients allows law students to better comprehend issues that might face elderly clients or clients who have difficulty accessing legal help.

29

Theory and practice Law, of course, doesn’t solely consist of practical elements. Enrolled students attend seminars given by Deborah Ankor. The seminars take clinic work and put a theoretical framework around what interns have experienced, both enhancing and informing those experiences. Deborah explains that there is very little set reading. She feels that class time allows for chances to create theory around practice and use opportunities that occur to learn. For example, in May the focus was on rural and remote legal practice and the specific issues those challenges entail. These concepts were put to use brilliantly when Deb had to remotely conduct a seminar while in Hong Kong. These seminars are also open to volunteers and reflect upon aspects of clinic. They nicely underpin the practical learning done during clinic. Students find this combination of handson and academic learning helps their legal education greatly. Although the learning curve involved in participating in FLAC is steep and intense, participants find that they pick up the necessary skills and thrive very quickly.

Getting involved: There are three ways to intern – during first year, you can apply through FLO to spend the day helping; from second year onwards, you have the opportunity to volunteer at the clinic as often as you choose; while from third year, you can enrol in the elective, LLAW 3264 Social Justice Internship, and spend an entire semester volunteering at FLAC branches while attending seminars that enhance your experience and understanding of the work.

The Jurist


30

Stop worrying about what everyone else is doing Anthony Lieu

Anthony is an ANU law graduate and former Vice-President of the Australian Law Students’ Association. He founded Beyond Law – a job-search website for law students, graduates and young lawyers that promotes a range of opportunities around Australia and across the globe. Jobs posted daily on www.beyondlaw.com.au

The life of a law student becomes far less stressful when you stop worrying about what everyone else is doing. Don’t worry about how many applications people have written or what job interviews they have lined up or the graduate offers they are deciding on. Instead, think beyond this mindset and focus your time and energy on you, your goals and intentions, and putting them into action.

The Jurist


In 2015, there will be more than 12,000 law graduates entering a market that comprises around 60,000 solicitors. There are 38 law schools across Australia. If the surfeit of law graduates wasn’t bad enough, there is also a contraction in demand for lawyers, with solicitor jobs advertised online dropping from 6300 a month in 2008 to 1800 a month in 2013. This is not a recession in an economic cycle but rather a permanent structural change as a result of the globalisation of the legal profession, cost-cutting by law firms, offshoring and outsourcing of legal work, commoditisation of legal services and competition from nonlegal or online providers. With this reality check, there has never been a better time to prepare yourself for the job market and consider what you really want to do once you graduate. Be strategic, act with initiative and distinguish yourself from the sea of graduates. Now is the perfect time to find an area of law that you are passionate about and to pursue it, or apply the unique skillset of a law degree in another profession that values problem-solving, analytical thinking and logical reasoning. Whilst it is an increasingly competitive market, there are still ample opportunities for those prepared to find them. The job listings on the Beyond Law website are proof that there are a diverse range of jobs available to those with a law degree. In this job market, an open-minded and assiduous candidate will always be better prepared for the opportunities ahead.

31

promotional USBs and feed you gourmet hors d’oeuvres. Law firms dominate the career culture at law school and this often dictates how you and everyone else contemplates their future career. Of course, for those interested in a career in commercial law, private practice is a great starting point. Many of my friends working at law firms enjoy what they do. But this route is not the only path out of law school, despite what your Law Students’ Society or law school have led you to believe and doing something other than commercial law is not settling for an alternative. Many of my friends have taken their law degrees into a number of different fields. Some have become judge’s associates, others have entered non-profits and a number have even taken their degree overseas. Outside law, many have landed positions in consulting, banking and finance, blue-chip corporations, journalism and politics. They were able to achieve this going beyond the norm and taking advantage of the fact that law is a powerful generalist degree and selling this to employers supported by their extra-curricular activities and law elective choices. Always keep in mind that your law degree will prepare you for your career and not just your first job.

Remember to keep some perspective – you will soon have a law degree from one of the most prestigious law schools in Australia. Don’t do something just because everyone else is doing it. Don’t assume commercial Generally, the only graduate opportunities practice is the only avenue. And don’t settle. you hear about during your law degree are Keep looking to find something that makes from commercial law firms. Indeed, this makes you happy and turn your law degree into sense – law firms have generous marketing something worthwhile and rewarding. budgets to present on campus, hand out The Jurist


32

Reviews

The Jurist


33

Top 5 Law Movies Terri Arnold

While it is widely assumed by many that How to Kill a Mockingbird and 12 Angry Men are the crème de la crème of law films, it is worth noting straight away that these people are in fact wrong. Completely wrong. I have the final list of the best law films (as approved by law students) and it is the real deal. There is no specific order to this list (much like the justice system, ba dum tish!) but I’d find it hard to believe there is anyone who does not agree with number one.

3. Chicago

5. Erin Brockovich

2. The Shawshank Redemption

Everybody loves an underdog, and even if you don’t, you have to at least agree that corporations are slowly taking over our lives (come on don’t tell me you aren’t reading this on a thousand dollar Facebook device). Indulge your inner outspoken white-trash American in one of the most controversial law cases in USA history, while also learning a thing or two about corporate take-downs. In a law-suit movie grand-slam between Erin Brockovich and The Social Network, it would be hard not to “like” Erin Brockovich for her sheer determination and crass humour.

Chicago may not be the most obvious law movie that comes to mind given that it appears first and foremost as a musical. However, it gives possibly the most interesting twist on conviction and life behind bars; especially when it comes to those who are wrongly accused and those who are proudly accused. This is the musical that even musicalhaters can’t help but love.

There’s a reason The Shawshank Redemption is the highest-rated movie on IMDb and why everyone says, “yeah that’s a good movie.” It’s because it really is a good movie, through and through. The Shawshank Redemption will leave you feeling invincible, and you will feel like you can take on the law (maybe don’t put this into practice though). This movie is for anyone who generally feels frustrated at the system or would just like to listen to Morgan Freeman’s voice for two and a bit hours.

1. Legally Blonde

4. Law Abiding Citizen It wouldn’t be a law film list without including the movie that is the pinnacle of just how unfair the legal system can be. Be warned though, this film in not for the light hearted and has many disturbing scenes that cause even the bravest of film-goers to watch with one eye open. Law Abiding Citizen is as clever and as it is gruesome; each scene giving a new challenge and twist for the police wishing to stop a father’s vicious revenge scheme. Law Abiding Citizen will make you question your stance on “eye for an eye” that’s for sure.

The Shawshank Redemption I’m really happy for you, and I’ma let you finish, but Legally Blonde is the best law film of all time! This is FACT. Not only is Legally Blonde a comedy classic, but it also combines law and feminism in the best possible way. Elle Woods turns the cold-hearted bitch, female lawyer trope on its head and bends and snaps her way into your heart. On top of all that, nothing is more motivating for law students than the illusion of productivity through watching Legally Blonde.

The Jurist


34

Love You a Latte! Alex Douvartzidis

Nine out of ten law students drink coffee! Don’t ask me where I got that statistic from, but I assure it is more trustworthy than Wikipedia. For those who know me, I am rarely seen without a coffee cup in my hand. Coffee is part of my everyday life, and as such I thought I would share some of my favourite places for coffee.

Victoria Square Campus: Blefari Café & Cucina

This wonderful family owned business serves fantastic Italian coffee. Their house blend ‘Veneziano Forza’ will not disappoint you. I prefer to have an espresso to really enjoy their Italian style coffee, and to enjoy the strong aroma. The crema is perfect every time, Bedford Campus: and the strong fragrance reminds me of my Myrtle & Mae Nonno’s homemade coffees- bliss. Note: They Best on campus definitely goes to Myrtle also offer different Single Origins each week! & Mae! Lynda and the team consistently deliver good coffee to keep me going through the long uni days. Myrtle & Mae’s Top 3 CBD Picks: new house blend “Colombian Santa Rita - La Please Say Please Chaparrala” provides notes of caramel and dark chocolate with a pronounced citrus Firstly I have to mention that they have Nutella undertone. I always order a latte, and can pancake flavoured macarons (someone always rely on it to be full-bodied and well- please help me with this addiction). This little balanced in its flavour (nothing makes me gem, located on Grenfell Street, is worth the sadder than a thin and watery coffee). Not to walk if you are located anywhere near the mention its perfect temperature, so I’m not at CBD. Their Angel Wings blend is sourced from risk of enduring burnt coffee beans. The team Proud Mary (Melbourne), which provides for are fantastic and friendly, and always know a fantastic latte. The strong flavours tell you that this place means serious coffee business. my order. Smooth blend with notes of caramels, toffee Honourable mention goes to: and butterscotch, lightly spiced with sweet red Café Bon Voyage! fruits. Their coffee always makes me happy. The Jurist


Coffee Branch

Honourable mentions:

Located on Leigh Street, the Coffee Branch is definitely a crowd favourite. It’s clear how they won the 2015 City Awards for best coffee. Constantly busy and bustling, you would think this would be an indicator of a long wait, yet they are always quick. I don’t drink here as often as other places, but every time I make the trip I never regret it. The coffee is rich in texture and with a complex aroma. Overall, it is sweet in flavour and has a nice sharpness that leaves an enjoyable aftertaste. However, the Coffee Branch is not the spot for a catch up with friends, rather suited for a quick takeaway coffee on your way to work Monday morning.

Bar 9

35

Mercato A Mother’s Milk Fiefy’s Speciality Café The Market St Café Coffylosophy Hey Jupiter

On my “To Try” list: Stranded Store (Colonel Light Gardens) Taylorblend (Stonyfell)

Red Berry (Glenside) - the local avid cyclist hangout, I hear. So if you see a tall skinny man Everyone heads down to Rundle Street for with a latte in one hand, say hi to my Dad for a weekend catch up. Instead, take a slight me. detour onto Vardon Avenue and find yourself at Exchange. I’m a huge fan of their blend, so opt for an espresso or a short macchiato. The complex aromas are perfectly captured in the crema, and it leaves a fantastic lingering aftertaste. For those of you who are fans of filter coffee, this is your jam. I am not a fan of the filter (espresso for life) but at Exchange it’s definitely drinkable and my American friends love it. Exchange Speciality Coffee

The Jurist


36

Movie Plots in 140 Characters or less #1 Teenage girl resorts to extreme modification to get a guy to like her.

#6 body Two people fall in love. But she did not love him enough to share her plank of wood.

#2

#7

A man sits on an island and talks to a volleyball.

Hamlet meets Cats.

#3

#8

Old man with balloons abducts young boy Two guys - well, one actually - start a club after his wife goes away. There’s a dog which grows by word of mouth even though involved. you’re not allowed to talk about it.

#4

#9

A women kills another over a pair of shoes.

An orphaned child flies around solving crime.

#5

#10

Brave Mother and Father rescue their children Homeless man rescues a damsel in distress from a serial killer who wears her victims’ skins. and subsequently becomes a prince. #1 The Little Mermaid #2 Castaway #3 Up #4 The Wizard of Oz #5 101 Dalmatians #6 Titanic #7 The Lion King #8 Fight Club #9 Batman #10 Aladdin

The Jurist


Tony Clive Tanya Barnaby Christine Maslin Beach Coober Pedy Snowtown Flinders University Roxby Downs

Caravan

Shack

Kennels

Commune

Logic Puzzle Youth Hostel

Maslin Beach

Snowtown

Flinders University

Roxby Downs

The Jurist

1. Tony has a barrel of a time at his destination! 2. Clive had an ore-some holiday, except for the incessant barking in his accommodation. 3. Tanya got to know Trim, while bemoaning her hovellike living conditions. 4. Barnaby was beset by red dust in this region, but felt thankful that he didn’t have to come to grips with the level of communal living that another male politician was subjected to. 5. Christine stayed in digs that traditionally have wheels although she had to make do with bricks instead.

In an effort to share the heavy lifting burden around, senior Australian politicians have been asked to trial Big Joe’s Budget Breaks’ SA hotspots.

Coober Pedy

37



Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.