the ndsls
obiter
Rachel Bennett, Social Justice Director: The International Criminal Tribunal for Former Yugoslavia
02
Week Four Semester Two Volume Two 2013 the notre dame sydney law society
From the
notre dame sydney law society
acknowledgements Obiter Issue Two, Volume Two Editor Caroline Michel Contributors Eden Christopher Sean D’almada-Remedios Design Alexander Carlos NDSLS Committee 2013 Executive Eden Christopher, President Natalie Baladi, Vice-President Daniel Austin, Secretary Sean D’almada Remedios, Treasurer Directors Jacob Deigan, Careers Julia Lavers, Competitions Aidan Williams, Education Peter Gray, IT Alexander Carlos, Marketing Caroline Michel, Publications Dominique Hermo, Social Events Rachel Bennett, Social Justice Lauren Absalom, Sponsorship Year Representatives Adrian Vincent, First Year Shelby van Ooran, Second Year Caitlin Gallagher, Third Year Sean D’almada Remedios, Fourth/Final Year Contact the Editor Contact the Committee www.ndsls.org
Editor
Caroline Michel
Hello all,
I danced, I played piano, and I wanted to be an actor. Whilst I
As I write this, Chopin’s ‘Aeolian
will embarrassingly admit that
Harp’ (also known as Etude in A
I still do all those things, more
Flat, Op. 25 no. 1 plays through
often than not, I find that we are
my headphones and a pile of
quick to place the sports and
work is looming closer to my
activities that make us happy
computer, no matter how far
and relax us on the backburner.
down the desk I place it (and
I think it should be the other way
yes, it is a literal pile of work). I
around. My goal for this week
have taken a day off my nerdy
has been to procrastinate in
campaign job with a federal
useful ways! Instead of baking
MP to enjoy even more nerdy
an impromptu cake, I pulled
pursuits it seems. Alas, the life of
out some old music to learn.
a law student.
Instead of sitting and watching TV, I went for a walk in the sun.
Really though- I’m listening to
Procrastination isn’t always a
this music because sometime
bad thing- it’s important to take
before I started this whole law
a break from busy work and
thing, I was classically trained
study periods to give yourself
in piano. I have been slaving
some time to focus on what
over this piece all week, trying
makes you happy, and what you
to remind myself of how easy it
enjoy doing. It makes returning
used to be. Also, classical music
to the looming pile of work that
stimulates the brain more than
little bit easier!
the top 40 hits. Apparently. I have no source for that.
Don’t forget that NDSLS committee voting opens
As you enter a busy time in
next week! Voting only
the semester, when work can
takes a minute and is really
literally pile up on your desk
important in ensuring that
while you try your best to ignore
next year’s committee is the
it, it’s important to keep in mind
best representation of student
the myriad of other talents,
interests…your interests.
skills and qualities you possess other than being a busy student.
That’s all for now!
Though it seems like a lifetime ago, I enjoyed creative pursuits. 2
Caroline
the obiter , issue two , volume two 2013
From the President, Eden Christopher
In this issue:
Week 4 already.
Calendar
4
NDSLS Online
5
Farewell to Roszanna
6
Competitions at ND!
8 9
significance next year and into the future.
Inaugural Social Justice Lecture
My first assessments are in Week 5, so I’m a little bit worried heading
Law and Politics
10
Welcome Back College of Law!
12
Student Profiles
13
YourSay
16
Elections next week. I don’t know about you guys but there is a lot going on! We had a modest turnout to our mature age meet up on Wednesday nothing like our first one - and it has encouraged me to do it again later this semester. What it also has made me realise is the real need for a mature age representative on the NDSLS, and to have a representative every year. The year representative roles have usually been quiet and a way to see what happens on the society before putting your hand up to take on further responsibilities... but, I think we will see these roles grow in
into this weekend. I’m hoping to come out of it with a lot less stress and a lot more knowledge. I hope all of you can relax a little coming into final semester and that you come out of this semester as a whole having achieved everything you’ve wanted. We also say goodbye to Roszanna next week! Roszanna is the heart and soul of this institution and has been a big part of the culture we all enjoy today. I hope you can all make it to our event next Wednesday to celebrate Roszanna’s time and to enjoy some time with each other as we head into a new chapter for the Law School. Yours in law, Eden el presidente’
3
notre dame sydney law society
Upcoming Events
august
sept
26
NDSLS Committee voting opens
27
Pirate Themed Social Event (5pm, The Lansdowne)
28
Mooting Practical Workshop (12:30pm, Law School)
30
Mooting and Paper Presentation registration closes
2
2014 NDSLS Committee announced
4
the obiter , issue two , volume two 2013
The NDSLS Online Connect with us on all of our online portals to make sure you never miss a story!
facebook.com/NotreDameSydneyLawSociety twitter.com/NDSLS youtube.com/NDSLS www.ndsls.org
Social media enquiries: Alexander Carlos, Marketing Director Website enquiries: Peter Gray, IT Director
5
notre dame sydney law society
Farewell to Roszanna Introduction by Caroline Michel At the NDSLS, our focus is on students, and
we realise we have no idea what our Arts
enriching the student experience. However,
or Commerce major is, or when we want to
the wonderful effort our dedicated Law
graduate but haven’t finished Logos. I also
School staff put into their work every day does
know that she has assisted a lot of students
not go unnoticed. Whilst the NDSLS does its
who were feeling overwhelmed or behind in
best to aid and help students in all of their
their studies; a lot of people have said to me
endeavours, the faculty at our wonderful
that “without Roszanna, I wouldn’t be doing
university work even harder for this goal.
Law”. Roszanna was and still is a mentor,
One faculty member we would like to thank
guide and friend to all of us, and she will be
in particular is Roszanna Hazlewood, the
fondly remembered. We wish Roszanna the
Law School’s Senior Administration Officer.
best of luck in all of her future professional
Roszanna will unfortunately be leaving our
and personal endeavours. Best of luck for
Law School next week. There is no doubt
your bright future Roszanna!
that Roszanna’s smiling face and calming presence has assisted each and every one of us at some point in our degree, when
6
the obiter , issue two , volume two 2013
A Reflection A person’s time at University puts
In a School with a very open door
them in contact with many extremely
policy to begin with, Roszanna
influential and intelligent people-
always seemed to go above and
as law students that statement is
beyond in ensuring that her door
doubly true. To consider who tops
was never closed at any time of the
that list would be very difficult with
day and I am sure in that regard she
such a highly esteemed academic
has missed her lunch break on more
staff, guest legal practitioners and
than one occasion.
gifted peers. However, for me, one person stands out on the list of
I would like to wish Roszanna
influential and intelligent- and that
every success in all of her future
is Roszanna Hazlewood. My first
endeavours. Wherever she goes
reaction on hearing Roszanna would
next will have gained an immense
be leaving us was in the realm of
asset- an asset that will be truly
“Oh crap, there goes my degree”, a
missed in our Law School.
sentiment that I know was mirrored by several of my peers.
Goodluck and Goodbye
Roszanna has been so instrumental
Anonymous
in the lives of the Law Students of this university, from her calming words, administrative magic, and helpful assignment and study tips.
7
notre dame sydney law society
Competitions at ND! Don’t forget to sign up to our Semester Two
with the highest scores will then progress to final
competitions: Mooting and Paper Presentation!
rounds.
Sign up for both of these competitions closes on Friday 30th August 11:59pm. You can sign up
Don’t forget! That we are holding another
online here.
Mooting Practical Workshop on Wednesday August 28th at 12:30pm in the Law School
Mooting:
Boardroom. Our very own Robert Pelletier, who
To moot is to simulate a mock case whereby
will be judging the competition, will run this
in teams of two solicitors, there is a given
session.
fact scenario which teams are to appeal the fictional judgment of. This requires the research
Paper Presentation:
of relevant law which is formulated into a
The Paper Presentation Competition is the cutting
submission and then delivered orally. Oral
analysis of a legal topic. A silent competition,
presentations take the form of a conversation
Paper Presentation involves researching and
between the solicitor and a judge, where the
writing a legal essay of between three to five
judge may probe the case of each side with
thousand words and then presenting it before
questions. Submission may last up to 45 minutes,
a panel of judges. Competitors compete
after which each side will receive a critique of
individually and the papers may be written on any
their case in the form of a deliberation, with a
legal topic. The aim of the presentation to assess
final judgment ruled on.
the competitors knowledge and engagement with the subject matter and as such the panel may
This year, we’ve altered the judging structure
ask questions to test the understanding of the
so that although you compete in a team of two,
competitor on their chosen topic. Competitors
you are each scored individually. The individuals
are assessed on both the essay and the delivery.
8
the obiter , issue two , volume two 2013
Inaugural Social Justice Lecture
9
notre dame sydney law society
Law and Politics: An Interview with Emily Dunn By Sean D’almada-Remedios With the federal election rapidly approaching
this would require much more of an enquiry
and the campaigns of all parties well and
than this article can provide but perhaps a
truly underway it is an interesting time to
more interesting question that may ignite
note what the politicians hopeful to keep
some personal reflection is - have you ever
or gain their seats share in common. Across
thought about entering politics?
party lines something is clearly noticeable, a considerable number of politicians past
If so, when? Maybe after a fruitful legal
and present have had a legal background.
career or maybe a bit sooner. Final year
To name a few- John Howard, Julia Gillard,
Notre Dame Law student Emily Dunn has
Phillip Ruddock, Joe Hockey and Greens
started early and in the upcoming federal
MP Adam Bandt. The list goes on; in fact 12
election is a candidate contesting the seat
out of 23 of Australia’s prime ministers had
of Reid for the Democratic Labor Party. I
been lawyers prior to their political pursuits.
had the pleasure of meeting with her and discussing how her legal education interacts
What’s the connection? Is it that those in
with her political aspirations. Here are her
law have a genuine interest in the public
insights.
sphere? Or possibly that the skills and knowledge possessed by lawyers gears them for success in politics? An answer to
10
the obiter , issue two , volume two 2013
What drew you into politics?
Has studying law helped?
My main drive was based on the fact that we
Definitely,
live in a democratic society where there is
communication skills. Writing or speaking
nothing stopping anyone from participating
concisely in plain language that gets an
in the law making process to amend wrongs
argument across is an important skill that
and injustices. I wanted to be part of that
I have developed in my time at law school.
process.
Also the ability to think quickly and respond
especially
in
regard
to
to questions on the fly is another skill that is Where those aspirations around before
well developed by a legal education.
you started studying law? Yes. Studying law might have strengthened
What will happen if you win your seat in
them but it wasn’t a case of my experiences
the election?
at law school making me want to enter
I am realistic in regards to the chances of
politics.
a minor party taking a seat when they are up against the major parties who have
What has your political involvement so
the resources to fund a full scale election
far been?
campaign. Our results are more important
I have been involved with the DLP for some
in regards to preference distribution in their
time now. I contested a seat in the 2011
effect on overall outcome. However, on the
State election, and had also contributed to
optimistic side I’d still have time to finish
policy development prior to that.
this semester and graduate before making the move to Canberra.
11
notre dame sydney law society
We would like to acknowledge the College of Law for being a loyal Notre Dame Law sponsor. We thank them for their continuous support and their commitment to ensuring we have access to be the best information when it comes to getting admitted to practice in NSW and around Australia. We encourage all of our penultimate and final year students to attend our second PLT seminar which will take place later this semester. Find out more about the PLT programs offered by the College of Law here. Once again we thank the College of Law for being a sponsor in 2013 and we look forward to building on this brilliant partnership into 2014 and beyond.
12
the obiter , issue two , volume two 2013
Student Profiles! Our newest segment I’m pleased to announce that we have a new addition to the fortnightly Obiter - Student Profiles! The idea is to interview a friend or colleague of yours studying Law at Notre Dame, and send it in to us to include in the next edition! You can send or ask these questions to anyone - a close friend, a lecturer, or someone you’ve just met in class. It’s a great way for all of us students to get to know each other better and learn something new about the people we see everyday. Anyone can submit a profile- you can use the set of questions I have included in this edition as a framework or add some fun/interesting questions of your own!
13
notre dame sydney law society
Elyse Di Stefano Age: 19 Degree: Bachelor of Laws/Arts (Major: Politics & International The university’s ‘small town’
Relations) Current
year
of
degree:
feel is definitely one of its greatest assets. Here at ND,
Second Year
I know my all lecturers on a
By the end of my degree, I
talking basis, which means
honestly hope that I’m able
interests you the most?
that their help and advice is so
to work in an area of law that
International law has always
accessible.
I’m passionate about. I’m still
What
area
of
the
law
unsure of what that area is,
fascinated me from a young
but I’m sure I’ll find out soon.
age. I think it is really interesting
On top of that, the amazing
to see its impact (or lack of)
people I have befriended at
on both the international and
this uni means that I love
Favourite hobby outside of
domestic spectrum.
coming in everyday without
uni
fail. The small class sizes mean
Naturally, I like arguing with
What do you enjoy most
we all get to know each other,
people so debating has been a
about studying law?
which creates an awesome
thing of mine for a while. Apart
I love studying law because
support network. One of the
from that I dabble in playing
it impacts on every aspect
best things I’ve gotten out
guitar really badly and looking
of our lives. From how we
of the uni so far is making
up dog-breeds for a pet my
conduct ourselves in public to
awesome friends who I know
parents still won’t let me have.
buying things from a shop –
will be mates for life. Person you admire the most
it’s fascinating to see how the law dictates so many things we
What are your goals for the
simply take for granted.
future?
Caroline Michel for putting her
Admittedly, I hate this question
blood, sweat and tears into
What do you enjoy most
because I find it so hard to
getting this publication out
about Notre Dame?
answer!
every fortnight. You go gurl.
14
It would have to be Miss
the obiter , issue two , volume two 2013
Amber Wallace Age: 19 Degree: Law/Arts (Politics & International Relations)
What do you enjoy most
Current
about Notre Dame?
year
of
degree:
What I love about Notre Dame
Favourite hobby outside of
is, coincidentally, the thing I
uni
was most concerned about
As my major suggests, I’m a
interests you the most?
before coming here: the size.
bit of a politics nerd, so I’ve
So far, I’d have to say that
I often call our uni a ‘small
been getting quite involved in
criminal law has been the most
town in the middle of the city’,
the ALP election campaign. I
interesting.
meaning we really get the
also love to make and listen to
really old, bizarre cases and
best of both here.
It’s also
music of all sorts, and I dabble
seeing how our attitudes have
great that it’s so new- I look
in some intervarsity debating
changed over the years.
forward to watching ND grow
here and there.
Second Year What
area
of
the
law
I love reading
and develop further over the What do you enjoy most
Person you admire the most
years.
about studying law?
Julia Gillard (I’m sure you saw
Law really is the backbone
What are your goals for the
that coming, but bear with
of our society - the more we
future?
me). I’m in awe of her strength.
enquire into it, the better off
At the end of my degree, I hope
Regardless of whether we
we all are. I also love learning
to have some idea of what I
agree or disagree with her
about the way that justice is
would like to do with the rest
politics, she has gone where
carried out so that some day I
of my life (because right now
no woman has gone before,
can be part of that process in
I have no clue)!
But I know
and has helped pave the way
some way. (Actually no, all of
that I’ll leave here with lifelong
for women in male-dominated
that’s a lie. I really just want an
friends and a great start to my
professions, reminding us we
excuse to work obscure Latin
tertiary education.
are capable of anything.
phrases into my vocabulary)
keep on learning, more than anything else.
15
I aim to
notre dame sydney law society
YourSay Recently, the WA Supreme Court ruled against Gina Rinehart in a case involving Western Australian Newspapers and Journalists. Rinehart’s ‘failed bid’ was to force a Perth journalist to reveal his confidential sources. The decision has been described as positive for the journalism community, by enacting ‘shield laws’ to protect journalism ethics of confidentiality. Do you think that journalists should be legally protected from revealing sources? Or does this allow corruption in journalism? Have your say by submitting 100 words or less here.
How to Contribute The Obiter welcomes original student written pieces. If you would like to have something included in our publication, don’t be shy- we are now accepting a range of original works whether they be short articles, long essays or maybe just a piece of advice for other students. As long as they are focused on a legal or university related issue/topic we would love to publish your work! If you are a budding writer why not send us something? You can either upload your document here, or email it directly to Caroline, the Publications Director at publications@ndsls.org. It’s that easy. We look forward to hearing from you.
Disclaimer: All submissions will be considered for publishing provided that they do not contain offensive language or themes. The NDSLS reserves the right to refuse a submission if it is inappropriate.
16
the obiter , issue two , volume two 2013
The NDSLS would like to recognise the significant contributions of our Gold Sponsors. These sponsors have been with us for many years and have made significant contributions to YOUR society during that time. Check out their website and Like them on Facebook to stay informed on how they can help you more.
Copyright and Disclaimer Š The Notre Dame Sydney Law Society This publication is copyright. Except where permitted under the Copyright Act, no part of this publication may be reproduced or stored by any process, electronic or otherwise, without the express permission of the Notre Dame Sydney Law Society. This is a publication of the Notre Dame Sydney Law Society. Its sponsors, contributors, the University of Notre Dame Australia, its affiliates or its employees do not necessarily endorse any facts or opinions contained within this publication.
17
notre dame sydney law society
18