the ndsls
obiter
Disability Discrimination Commissioner Graeme Innes AM addressing the Social Justice Lecture
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Week Eight Semester Two Volume Two 2013 the notre dame sydney law society
From the
notre dame sydney law society
acknowledgements Obiter Issue Three, Volume Two Editor Caroline Michel Contributors Peter Gray Dominic Rohde 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!
had to give up in order to get it.”
It’s so hard to believe it is week
It’s times like these where we
eight already! We are more than
need to give credit to ourselves
half way through the semester,
for all our little successes, and
and we’re at a point where
the things we forego (whether
assessments are starting to
small or large) to achieve those.
build up again.
It’s been a pretty exciting week
Despite the mid semester
for some of us in the Law
break still being over a week
School- on Monday we held our
away, now is the time to start
first ever Social Justice Lecture,
preparing for exams, and
with guest keynote speaker
readjusting if you want to
Graeme Innes AM. The event
improve you grades. ‘Yeah, right’
was a great success and we
I hear you say, but for someone
thank all those who attended!
who is quite notorious for the
The first round of the mooting
last minute cram session, I’ve
competition also took place last
come to realise that this change
week. As a competitor this year,
in attitude is what I need to
I can say that the competition
have in order to head into
is both challenging and very
exams as confident as possible,
enjoyable. I feel that mooting is
and come out of this semester
the most helpful competition in
proud of the efforts I’ve put in. I
terms of developing research
find that week eight is a perfect
and presentation skills. The
time to reaffirm myself, and set
second round of the competition
appropriate goals for the next
takes place on Wednesday
few weeks.
and Friday, and anyone is welcome to come and watch
During stressful times where
our competitors battle it out for
we are both receiving marks
a spot in the final! Details have
back, and submitting more
been included further in this
assignments, I always remind
issue.
myself of some mantras from the Dalai Lama (Don’t worry, I’m
That’s all from me for now! Best
not a self proclaimed hipster, I
of luck, and I hope you all have a
just think wise words can never
relaxing and enjoyable break.
go astray!). My favourite being, “Judge 2 your success by what you
Caroline
the obiter , issue three , volume two 2013
From the President, Eden Christopher
In this issue:
I could almost replicate my President’s note from this time last semester! ... but I won’t do that because although each semester can be so predictable, there are always new challenges to meet. If you’re feeling a bit of cabin fever then maybe you should go about changing it up this weekend or approaching things differently. Breaking a habit is very hard especially bad habits (because they are usually born out of convenience) and so it’ll always take that little bit extra to change and then even a little bit more to persist! Something I’d really love everyone to do is attend our Competition Grand Finals this year. I first signed up to competitions in third year and I SUCKED! I am almost certain my partner and I received the worst score ever in Client Interview. I persisted in the next competition thanks to a friend encouraging me and I’ve gained so much from showing just that little bit of courage and changing up my usual habits. From those small beginnings I’ve been around Australia and seen and participated in LSS competitions at the highest levels. This year at ALSA in Perth I was lucky enough to get a seat in the Championship moot in the WA District Court with Chief Justice French adjudicating and I watched the International Humanitarian Law Moot in the WA Supreme Court. Seeing the calibre of these participants, the procedure and the submissions, listening to the questions and how the participants responded really affirmed to me that I wanted to do what I am doing - because I found it so exciting! I think everyone would really get something out of attending. Finally, I hope you all have a safe and worthwhile mid-semester break. Yours in law, Eden O Captain, my Captain el Presidente
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Calendar
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NDSLS Online
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Inaugural Social Justice Lecture
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The Right to Complain
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Head of DPP visits Criminal Law class at Notre Dame
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Mooting
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NDSLS Elections
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YourSay
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Upcoming Events
oct
8
NDSLS Annual General Meeting
10
Paper Presentation Submission Deadline
12
Staff v Students Sports Day
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Stevens Vuaran Lawyers Grand Final Moot
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the obiter , issue three , 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
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Inaugural Social Justice Lecture A reflection by Caroline Michel On Monday 16th September, the NDSLS
For our inaugural lecture, we were very lucky
hosted our inaugural Annual Social Justice
to have a very special and influential guest
Lecture. This event has been a long time in
as the keynote speaker. This guest was
the making- a year long goal for our Social
Disability
Justice Director, Rachel Bennett. Our aim in
Graeme Innes AM. Mr. Innes is an incredibly
creating this event was to expand the social
influential figure in the field of disability
justice portfolio, and provide all students,
rights in the legal and political world. Innes
staff, and community members with more
has dedicated many years towards actively
opportunities to engage with social and
trying to improve the social wellbeing of
legal justice first hand. We hope that this
physically and mentally disabled people,
initiative will continue in the future, and
particularly in the area of discrimination,
eventually expand to an entire ‘Social Justice
and public accessibility.
and Well Being Week’ (Similar to our popular Careers Week).
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Discrimination
Commissioner,
the obiter , issue three , volume two 2013
He has worked on many high profile cases,
student, I find that it is far too easy to get
such as recent actions against RailCorp
caught up in the ‘corporate race’; the aim
concerning their audio announcements on
to get a job at a top tier firm, and benefit
trains (which have improved greatly as a
myself as much as I can. Although this is a
result), the Federal Court case against The
perfectly acceptable goal and career path
Hills Grammar School to provide wheelchair
for those interested in corporate law, our
accessibility to their school, and many other
obsession for gaining an edge can often
cases, which worked towards increasing
lead us to neglect consideration for the
wheelchair accessibility on buses.
humanitarian aspect of the law; social justice, and helping the most vulnerable
The topic for Mr Innes’ address was ‘Who the
in society. Innes is proof that lawyers and
law leaves behind, and how vocations can
law students can indeed use their skills,
change the world’. He approached this topic
knowledge and experience to change the
from a very personal perspective; which
lives of many.
was particularly emotive and engaging for all of us as audience members. As a vision
He emphasised that speaking out against
impaired lawyer, Innes shared his personal
injustice is the easiest way to change the
struggle to succeed in the legal profession
status quo; something as simple as posting
with a disability, and how he’s dedicated his
and sharing on social media outlets can
life and profession to help those achieve
create the necessary ‘buzz’ to bring about
the same merits, and to break down the
action and change in the legal and political
discrimination that still exists in many
world. The Law is not just a job- it can be
facets of society.
so much more enriching than that. It is a vocation that is able to change people’s
On a personal level, I found Mr Innes’
lives. Innes’ address proved that this idea
address to be incredibly uplifting (despite
is not idealistic, but indeed a very real
the serious subject matter), engaging,
possibility if we are willing to engage with it.
and most of all, inspiring. As a young law 7
notre dame sydney law society
For me, the most challenging and interesting
unfitness to plead or defend themselves in
aspect of Mr Innes’ speech was when he
a court of law. The statistics were incredibly
talked about trying to get his first legal job.
confronting, and made me really reflect
Despite having all the qualifications, he was
on the challenges of both physical and
often knocked back from job offers due
mental disability that need to be better
to his vision impairment. Luckily though,
acknowledged and addressed if we ever
he was eventually offered a clerical job
want to bring about positive change.
due to an employer giving him the well deserved chance that no one else had
On behalf of the NDSLS, I would like to thank
offered him, and from there, he worked
Maurice Blackburn Lawyers and Benbro
his way up the field and became very
Electronics for sponsoring our event. I’d also
successful, proving all those who doubted
like to thank Graeme Innes for dedicating his
him wrong. It emphasised the need for us
time and insight, and for providing us with
to address disability employment, and how
an incredible opportunity to reflect upon
the disabled should be entitled to enjoy
social justice, and the many things we can
all aspects of life as everyone else does,
do as lawyers to change people’s life for the
whether this be getting on the bus, getting
better. Finally, I would like to thank Rachel
to school, or being offered a job. Employing
Bennett, our Social Justice Director, for
the disabled not only helps the individual,
dedicating her time and efforts into bringing
but it addresses many other social issues
this event to fruition. It ran very smoothly,
such as homelessness and crime. Without
and the response was fantastic.
employment, the disabled are often more susceptible to homelessness or being sent
I look forward to next years Social Justice
to prison due to their perceived inability or
Lecture!
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The Right to Complain By Peter Gray, IT Director
interestingly the informal vote has increased 0.4% since the 2010 poll.
As an avid politics nerd I have thoroughly enjoyed following the recent federal election. Time and
In the most recent election, out of a total
time again in each election we are told of the
13,354,226 votes, 94% or 12,568,198 votes were
informal vote. In a country which prides itself as
formal producing a total percentage of 5.89%
one of the best countries in the world for:
informal votes. At the same time just over 90% of Australians eligible to vote placed a vote in this
• Freedom of election and being elected;
election.1
• Freedom of assembly and political participation; • Freedom of speech, expression and religious
Irrespective of political persuasion or belief, it
belief;
begs the question: in a country where voting is a
• Rule of law;
democratic right, where we have the opportunity
• and many other basic human rights
to elect our governing representatives, why do we still have a minority within our population who
It makes me angry that many electors don’t take
don’t take the responsibility as seriously or as in
the opportunity to vote, unlike in other countries
high regard as 90% of Australians do?
where suffrage doesn’t exist or is limited. Most Photo: The Age
1 Australian Electoral Commission, House of Representatives – First Preferences by Party <http://vtr.aec.gov.au/HouseStateFirstPrefsByParty-17496-NAT.htm> 9
Does the increase in the informal vote anddame notre
Suffrage or the sydney law society
right to vote has come a long way
group of eligible voters who make the decision
since 1902 when Australia was the first country in
not to vote demand that changes be made to
the world to grant women the right to vote and
our educational curriculum? Is there a need
the right to be elected into federal parliament.4
for events targeted at informing the general
The Australian Electoral Commission (AEC)
public about how our political system operates?
continues to provide alternative means for voting
This could include how to vote, the history
other than voting at a polling booth on Election
and development of our political institutions,
Day. The AEC at the 2013 election offered the
suggested criteria to consider when voting and
following methods of voting: absentee vote, early
the role, responsibility and effect that their vote
voting or postal vote, interstate voting on Election
can have in our elections.
Day, overseas polling centres, provisional voting, mobile polling facilities, interpreter services
Those who have followed the count post-election
and information on how to vote translated into
would be aware of a number of seats that are
26 different languages5 as well as assistance to
being decided on as little as 100 votes, such as
voters who are visually impaired.6
Fairfax that shows Clive Palmer ahead by 98 votes.2 In my own electorate of Lindsay, where
Efforts have also been made to make enrolling
the sitting member lost by just over 6,500 votes
to vote easier and more accessible by allowing
before preferences and an informal vote of 7,699
young people to enrol when they are 16 or 17.7
and 92% of eligible voters completed a ballot
There is also the opportunity to do a ‘practice
paper it illustrates the real fact that every vote
vote’ online.8 To give you one of the more
counts.3
extreme forms now available for people to enrol, you can register to enrol as an elector in Antarctica!9
Australian Electoral Commission, QLD Division – Fairfax <http://vtr.aec.gov.au/HouseDivisionFirstPrefs-17496-160.htm>. Australian Electoral Commission, NSW Division – Lindsay <http://vtr.aec.gov.au/HouseDivisionFirstPrefs-17496-128.htm>. 4 Australian Government, Australian suffragettes <australia.gov.au/about-australia/australian-story/austn-suffragettes>. 5 Australian Electoral Commission, Translated information and telephone interpreter service <http://www.aec.gov.au/About_ AEC/Translated_information/>. 6 Australian Electoral Commission, Ways to vote <http://www.aec.gov.au/voting/Ways_to_vote/index.htm>. 7 Australian Electoral Commission, Enrol to vote <http://www.aec.gov.au/enrol/>. 8 Australian Electoral Commission, Practice voting <http://www.aec.gov.au/Voting/How_to_vote/practice/>. 9 Australian Electoral Commission, Antarctic Electors <http://www.aec.gov.au/Enrolling_to_vote/Special_Category/Antarctic_electors.htm>. 2 3
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the obiter , issue three , volume two 2013
Head of DPP visits Criminal Law class at Notre Dame
Therefore, as future legal professionals we have a responsibility to advocate for change that ensures that the minority of people who don’t vote are given more opportunities to realise
By Dominic Rohde
the value and privilege available to them. Further, those of us who aspire to be politicians or seek to represent
Criminal Law classes at Notre Dame are
our communities have a responsibility
usually known for their dense analysis of
to give those disillusioned with the
case law precedence and the occasional
political system reasons to engage.
witty joke from lecturer Robert Pelletier,
With the advent of social media and
however, this class was to welcome an
increased technological developments,
unexpected dignitary: Lloyd Babb SC, the
we have a real opportunity to shape
Director of NSW Public Prosecution (DPP).
and foster the next generation of voters by sharing and connecting them
The first thing that one of my colleagues
with a likable electoral process.
and I noticed was the striking resemblance between our guest and the
If Australia wants to pride itself on
state member for Davidson, Jonathan
being a socially inclusive nation, it is
O’Dea – not only was Mr Babb similar
imperative that the vulnerable and
in stature, he had the same relaxed, yet
those without a voice are also given an
focused, aura about him.
opportunity to engage with the political Having attended high school in Hornsby
process.
Shire and later attending Macquarie University, Babb immediately struck a cord with the student audience as he drew comparison with the then provincial Macquarie University (in the 1980’s) with the relatively small Notre Dame Sydney campus.
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notre dame sydney law society
As he continued to describe his career path,
surfing and playing the guitar as activities
at first jumping from job to job, criminal law
he enjoys. The lesson here is probably two
to commercial law and back again, it became
fold: firstly, that engaging in regular physical
apparent that even the most accomplished
activity is not only a healthy lifestyle choice
lawyers and barrister’s have faced hurdles
but will also increase your productivity, and;
and uncertainty during their time in practice
secondly, that personal interests can be
but that a desire to follow your passions will
balanced with heavy work loads – during
get you through eventually.
university and in the workforce – if you manage your time effectively.
In 1989, Babb was admitted as an Australian lawyer and called to the Bar the same year.
One student asked Babb about his role as
Ten years later, he returned to his former
Director of the DPP. If Hollywood movies
high school, Asquith Boys High, to make
are to be believed, prosecutors are out for
an address to the student’s. He stated, “A
blood and the harshest possible sentence
criminal lawyer is always what I wanted to
so that every, and any, potential offender
be ever since I was in mock trial for Asquith
thinks twice. Babb’s answer was insightful
Boys High in year 10 in 1982. In our class, I
and, whilst acknowledging that the goal
distinctly recall Babb answering a student’s
of sentencing is to match the punishment
question on what skills we should be
with the crime, he demonstrated virtues
learning in preparation for the ‘real world’,
that government interviewers were most
with: “mooting and mock trail…certainly
likely looking for when they interviewed him
they will help you”. That is a piece of advice
for the position: a practical outlook with a
that all students should take to heart.
sympathetic attitude.
When
law
students
think
about
a
professional legal career post-law school, they generally imagine a job with relatively little pay compared with the workload, high stress environments and long nights. Rarely would it be assumed however, that someone with Babb’s tenure could list basketball, golf,
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the obiter , issue three , volume two 2013
Babb recounted one particular case involving a son and his father at a family gathering, which turned bitter when they got into a dispute and the son struck his father who then fell back and hit the pavement. At some stage that evening, the father tragically passed away from a head injury in his sleep. Babb was Crown Prosecutor at the time and during the trail, having recognised the son’s heavy guilt expressed on record, advised the jury that, should they find the son’s action to be less culpable than that of a hardened killer, they should acquit the son of manslaughter. The role of the prosecution is to fairly bring criminal cases to the court’s attention that it feels needs to be carefully examined, and determined, in order to uphold community ideals of right and wrong. Babb is clearly an exemplar. So what were some of the cut-through messages from Babb’s address? For one, that student anxiety is natural and the best way to counter it is to be prepared for in-class tests and end of semester exams. Perhaps more importantly, Babb, at 45, explained that students and practitioners alike should set goals and plan ahead. When opportunity and preparedness meet, great things can happen.
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notre dame sydney law society
Stevens Vuaran Lawyers Notre Dame Mooting Competition Round 2 of the Stevens Vuaran Lawyers Notre Dame Mooting Competition takes place next week (week 9) on Wednesday and Friday. The scores so far are very close, so anything could happen! All students are welcome to observe the moots. The timetable for round 2 is below. All moots take place in the moot court in the Law School on Shepherd Street. Wednesday 25th September, 12:30pm Appellants: Caroline Michel and Patrick Oâ&#x20AC;&#x2122;Sullivan Respondents: Kate McGurk and Mark Van Der Hout Friday 27th September, 12:30pm Appellants: Mohammed Algalele and Dominic Rohde Respondents: Alexander Carlos and Jeremy Maspero
NDSLS Elections After consultation with the Nominees, Staff
To cast a vote, you will need to present
of the Law School and Staff of Student
your Student ID to the Law Admin Officers
Services it has been decided a new election
in the School of Law. You will then receive,
will be run.
complete and return a ballot paper.
Voting will commence from Monday 23 September, 2013 (Week 9) to close of
The votes will be counted by 2 Staff Members
business Thursday 26 September, 2013
and results released before the AGM.
(Week 9). To be eligible to cast a vote, you must be
For a list of nominees and their statements
currently enrolled in a Law unit for Semester
of candidature please visit our website, or
2, 2013 and currently enrolled in a Law
click here.
degree.
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the obiter , issue three , volume two 2013
On the last 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?
1. “Confidentiality in sources in a incredibly important right to reserve. Journalists rely on these sources providing them with (often inside) information and don’t want their identity revealed. Revealing your sources is a betrayal of their trust and will likely ruin your journalism career and your personal reputation. Maintaining the privacy of sources is fundamental to the media’s role as the Fourth Estate.” 2. “I don’t really think that confidentiality should be an expected right for journalists. It’s important that the are able to be honest about sources, otherwise we could be taking purely speculative information as credited facts. ‘Anonymous’ sources can often have ulterior motives, and there needs to be some sort of check and balance to maintain integrity in journalism.” 3. “I think it’s a bit of both. Without the shield laws, the social and political elite would be able to sue journalists and media outlets whenever they came across negative publicity. Whilst not completely flawless, I think the laws are reasonable.” 4. “I think it’s great that we finally get one up over Countess Gina. I’m considering suing her for emotional damages – I have nightmares where Gina eats me for dinner, with a side of $50 and $100 notes. Creepy stuff.”
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notre dame sydney law society
YourSay Recently, a bill was introduced to the NSW Parliament to amend the Anti Discrimination Act 1977 (NSW) by removing the exemption of private educational authorities from provisions that make it unlawful to discriminate against a student or prospective student based on any category other than race. Currently, while most schools and institutions choose not to allow this discrimination, there is limited legal protection if they do. Students from private schools who experience discrimination based on any other criterion than race cannot go to the Anti-Discrimination Board. Should private educational authorities continue to be allowed to discriminate against students and staff based on gender, sexuality or religion? Or is this an unfair exemption that needs to stop? 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, donâ&#x20AC;&#x2122;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. Itâ&#x20AC;&#x2122;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.
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the obiter , issue three , 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.
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