Obiter, Issue 3, 2013 by NDSLS

the ndsls

obiter

This edition of The Obiter is in memory of Chris Drake. Rest In Peace.

Week Six Semester One Monday 1 April 2013 the notre dame sydney law society

Notre Dame Sydney Law Society

acknowledgements Obiter Issue Three Editor Caroline Michel Contributors Erin Clarke and the friends of Chris Drake Eden Christopher Dominique Hermo Special Thanks Peter Gray Aidan Williams 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

2 | The Obiter, Issue 3

From the

Editor

CAROLINE MICHEL

Hi everyone, As Week Five comes to an end and the Easter break is here, I can’t help but feel an overwhelming sense of relief. I know that I don’t just speak for myself when I say that this week has been particularly busy and stressful. With two assignments due, an exam worth 20%, round 2 of the Clayton Utz Negotiation Competition as well as preparation for an upcoming intervarsity debating competition, I have felt like there are just not enough hours in the day! When we are striving to do our best, it is very easy to have moments where we feel completely overwhelmed and drowning in work. Something I realised today, but not for the first time, is how these days or weeks will come and go; if we can prioritise and buckle down, the work will get done and we can relax once more. This week has also made me realise how important it is to have a support network that you can rely on. I can never emphasise enough the value of friends, family and communities during

times of need. When I lost my laptop last week, I was in full frontal panic mode until I received a call from the Student Life Office to say that it had been handed in. After the initial relief, I realised how lucky I am to be a part of such a strong, friendly and supportive university community. We look after each other, and I feel very blessed to be able to rely upon the many support networks at Notre Dame in times of need. There is always someone who will be willing to listen and give a helping hand. The amazing fundraising efforts for the Surf Lifesavers and the Westpac Rescue Helicopter by the friends and colleagues of Chris Drake also emphasised the loving and supportive nature of everyone here at Notre Dame. I was very touched by the beautiful tributes to Chris that were sent in to me this week, and I have included them in the publication. That’s all for now, Happy Easter! Stay safe.

Notre Dame Sydney Law Society

in this issue 6 In Memoriam: Christopher Drake 10 Maurice Blackburn Law Ball 11 The ND Gift 12 YourSay

President’s Note I was a mentor for first year Law/Commerce students here at Notre Dame for two years. I would always forewarn those unfortunate enough to have me as a mentor about the period we are now entering. By now, you have probably submitted something for assessment or are in the final preparations for a mid-semester exam, a quiz or essay. This is a busy time of year and it’s across the board; every university student’s life gets increasingly busy during mid-sem and finals. Those who have prepared and worked hard will be thanking themselves, and those who haven’t will be too busy to kick themselves. Having said that, even the best students have pulled an all-nighter or twenty in their time, so don’t go thinking it’s the end of the world and your marks are going down the drain.

Always think, ‘What would Batman do?’ As Alfred explains to Bruce in Batman Begins, “Why do we fall down, Mr. Wayne? To learn to pick ourselves up again.” Your Committee here at NDSLS headquarters is feeling the heat as well, believe me. Two weeks into Negotiation, one week out from the Notre Dame Gift and selling Law Ball tickets left, right and centre to thirsty alcoholdeprived students who are only just recognising the lights of the Shangri-La at the end of the tunnel.

So next time someone gives you lip about being a lazy uni student, you tell them about those dark and stormy nights advising on whether Mrs. Donoghue’s gastro-enteritis earned her an entitlement to damages or those sleepdeprived 5am coffee runs to Bill and Tony’s to get you back on track in justifying termination for breach of an intermediate term for Hong Kong Fir Shipping Co Ltd.

Eden Christopher President

The Obiter, Issue 3 | 3

Notre Dame Sydney Law Society

Upcoming Events and Notices April 5

ND Gift at Camperdown Oval Facebook Event Here

April 19

Maurice Blackburn Law Ball Facebook Event Here | Tickets Here

Ongoing

4 | The Obiter, Issue 3

Education Review Education Survey Here

Notre Dame Sydney Law Society

www.ndsls.org Like us on Facebook Our Facebook Page is called ‘Notre Dame Sydney Law Society - NDSLS’. We do not post on this older page: www.facebook.com/pages/Notre-Dame-Sydney-Law-Society/294264827809

For social media enquiries, contact the Marketing Director, Alex Carlos at marketing@ndsls.org. For website enquiries, contact the IT Director, Peter Gray at administrator@ndsls.org. The Obiter, Issue 3 | 5

Notre Dame Sydney Law Society

IN MEMORIAM: CHRIS DRAKE THE NDSLS AND SCHOOL OF LAW WOULD LIKE TO REMEMBER AND CELEBRATE THE LIFE OF CHRISTOPHER DRAKE.

6 | The Obiter, Issue 3

Friend and fellow Notre Dame student, Erin Clarke, has shared this tribute with us: 16 March 2013 is a day so many of us will never forget. It’s the day our colleague, friend, inspiration and mentor was taken away from us. For those of you who had the honour of meeting Chris, you will understand how genuine and inspirational one person can be. Finding a person who is so genuinely pure, selfless and has nothing but good intentions is hard to find in this world, but not impossible. We found one. I know that I speak for many when I say that it is hard to explain Chris in words. He truly is one of a kind. It’s difficult to even use his own words to describe him as he had a vocabulary that no one else could understand. Between the “steezy” and the “Sweater McGavin” and the “chair leggy”, there was always a positive and meaningful message that only he seemed to be able to express so beautifully. If I were to sum up Chris’ message in a few words, it would be to live life to the fullest and not regret a second; words which are even more sobering at a time like this. The only thing that makes this any easier is that Chris stood by this mentality every day of his life. No one has a grasp on what life is really about more than him. Not a second was wasted. I, for one, can only begin to explain how many meltdowns I have avoided simply with the love and support of Chris. Not only personally, but in particular during our studies; having him by my side, telling me not to give up and that I’ll make it through the most tedious of content. This helped me more than he will ever know. Especially when it was a last minute cram session, at midnight, in a library an hour away from his house... On behalf of Chris’ close friends here at Notre Dame, I’d just like to say thank you all so much, not only for the overwhelming love you have shown towards Chris, but also the compassion you have shown all of us in this extremely difficult time. This really is a testament to the amazing person he was. Chris, we can only hope that wherever you are, you are dancing up a storm and chasing some “beast” waves. We love you forever, Angel. Keep looking after us all. You were an angel before you were in heaven. God bless. I’d just like to finish by saying “Owwwwwwwww! Big love, Legend!” Rest in Peace. - Erin Clarke

Notre Dame Sydney Law Society

Additional Tributes Chris lived every day to the full. It’s no cliché with Chris because no one knew how to do it like he did. He had the best sense of what life is all about and he lived what he preached. One such instance I was reminded of recently. There were four of us studying for a property exam at UNSW library. It was about 11pm and we all had burnt out. We’d retreated to the lawn outside to get some fresh air and re-charge, it was a beautiful warm night. I mentioned words to the effect, “A swim wouldn’t go astray...” which was met with Chris’ reply, “Why not?!” and within 10 minutes, four of us were down at Coogee beach swimming. I’ll never forget the friendship of Chris Drake. He was always there for me and he still is. Big Love my friend!

People go their entire lives searching for a connection, a personality, a friendship that will move them, to impact who they are and leave them changed. For so many of us in the Law School, we did not need to search at all for such a person to be that force in our own lives; Chris Drake found us. Whether it was his beaming smile, his infectious attitude or boundless generosity, those surrounding Chris could not help but be drawn towards ‘the warrior in the purple jeans.’ Those brightly coloured jeans, with matching shoes and hat, although in his own words might have made him look like a “sweater”, were more symbolic of his confidence and positive outlook on life. These attributes made Chris an absolute joy to be around and if he is to be called a “sweater”, he well and truly is our sweater. The outpouring of sorrow and grief following Chris’ passing is but one testament to the impact he had on all our lives. The connection and friendships we shared with Chris moved us and have certainly left us changed. The presence of Chris in the Law School was a gift; we should be so lucky that we all had the opportunity to cross paths with ‘the warrior in the purple jeans.’ May the road rise up to meet you. May the wind be always at your back.  May the sun shine warm upon your face; the rains fall soft upon your fields and until we meet again,  may God hold you in the palm of His hand.

8 | The Obiter, Issue 3

Notre Dame Sydney Law Society

I went to Saint Augustine’s College with Chris and Law School. We became friends at Notre Dame within one conversation. He exuded wisdom years beyond his age.  It wasn’t long until I was able to talk to him about anything in total confidence; university advice, work, relationships … anything.    He trusted me with my poor driving and was the perfect trusting pillion rider on the back of my motorcycle, even in the blistering rain crossing the harbor bridge in peak hour traffic, labeling the experience as “fun”.  (I was shitting myself, and more to the point Chris could have taken a lift home from somebody else but because he “came with me so he would go with me”.) I would try to drive him to his house and he wouldn’t let me, instead insisting I drop him off at his dad’s work in ‘Brooky’ to limit any inconvenience. Being a few years older than Chris it seemed odd to me that early on in our friendship I recall asking myself the question… “How can I be more like Chris?” It wouldn’t be the only time I would ask myself… “How can I be more like Chris?” I found myself asking this question several times because of the intoxicating effect he had on myself and those around him. Chris had a positive aura that drew people towards him like a magnet. Free and driven, he motivated those around him with his energy. And that smile… That smile was permanently plastered across his face like that feature was a statue. Those that treated Chris poorly were only met with undue respect.  He would fight with an unbiased passion when a point needed to be made. He refused to eat the meat of an animal; he did not smoke, drink or take drugs; Yet Chris encouraged everybody to run their own path to the fullest. Chris was the perfect exception for a young man. It didn’t take long for me to realise that “Being more like Chris” was not an easy task, but trying made me a better person. Knowing that I may never see someone so positive is shattering. Not being able to express the respect I have for him is unnerving.  Chris provided so much positive energy to the world and the people he touched. I will always remember Chris for his character and his positive influence. “How can I be more like Chris” is something I will ask myself till the day I die. The Best Die Young.

The Obiter, Issue 3 | 9

Notre Dame Sydney Law Society

We’ve hit that time of the semester where the assignments keep piling up and you’re well and truly out of holiday mode. However, don’t despair! The Law Ball is coming and there’s nothing the University looks forward to more than the Annual Law Ball. This year we’ve really stepped it up and tried to give you the best night we could. Without giving too much away, we’ve got a new venue, new entertainment and some extra surprises that the Law Ball has never seen before. It really is a great opportunity to leave the books at home for a classy night out with friends to celebrate your own achievements of dedicating yourself to such a demanding degree Whether you’ve already marked it in the calendar, or if you’re still not sure if the Law Ball is for you, hit up our website for more information. Where: Shangri-La Hotel, Sydney When: 7pm Friday, 19 April 2013 Tickets: $110 available online at www.tickets.ndsls.org Dress: Black Tie In life you tend to regret the things you don’t do, so don’t miss out on Notre Dame’s best Law Ball yet. Make 2013 the year to remember and jump online to purchase your tickets today! Dominique Hermo Social Director

10 | The Obiter, Issue 3

Notre Dame Sydney Law Society

The ND Gift Every year members of the legal profession gather to fight for justice. That group became known as the League of Shadows and was eventually over-thrown by Batman. But this year itâ&#x20AC;&#x2122;s different... Our prized trophy has been TAKEN by the School of Medicine and they purport to sell it to an Armenian Sex Trafficking ring and itâ&#x20AC;&#x2122;s our job to apply for an injunction on this. No longer will we play second fiddle. No longer will they laugh at our gavels. No more will our silks be splattered with mud without victory. This year my learned friends... This year, we will rise and frustrate any relationship attempted to be asserted on real property that is ours. We are the Force Majeure... The 2013 LAW Team of the Notre Dame Gift. Raise your gavels and join the fight on 5 April. #prepareforbattle Visit our event page here.

- Eden Christopher, President

The Obiter, Issue 3 | 11

Notre Dame Sydney Law Society

YourSay

From Issue Two of The Obiter

In the last edition of the Obiter, we introduced our new segment: YourSay. Students were invited to submit 100 words or less on the following question: After several independent videos on YouTube surfaced from Mardi Gras showing alleged acts of police brutality upon some young men at the event, questions have been raised over issues of police brutality, homophobia and the need for special police training for cultural events. On his Facebook site, Sydney MP Alex Greenwich stated:

“People are rightly angry about the serious incidents involving Police during the 2013 Mardi Gras festival. We want professional policing and we want action on rogue police officers….we do need an independent investigation system for police that both police and the community can trust.” Do you agree with this statement? Were the police out of line, or were their actions justified? Is there a need to create an independent investigation system for police? Is there more to the story?

Here are some of your responses: 1. “Unwanted aggression is always wrong. Don’t we have ICAC as an independent investigation system for police? It could go on to infinity - establishing guardians to guard against the guardians - but it comes down to personal responsibility. Included in this is how each of us strives to have greater self-control, and help our mates do the same. Police special training for cultural events might help, but their ultimate ‘training’ is life; their day to day choices.” 2. “Some police do lose the plot with power and a gun. Some carry a chip on their shoulder and often over-extend their powers. This is a small group of a much larger and amazing police force. I think the problem in this situation referred to was the trial by social media- after seeing additional footage, the situation wasn’t so clear cut.”

12 | The Obiter, Issue 3

Notre Dame Sydney Law Society

3. “I don’t think an independent investigation system is necessary. Whilst it appears the force of the officers in the video is excessive, I think this should be an internal matter for the Police Commissioner Andrew Scipione. On the whole, I think the police force usually do stick within their boundaries and know how much is enough force.” 4. “The punishment of an individual does not start with arrest. Our system is built around the presumption of innocence and the right to a fair trial by our judiciary. As difficult as it is to determine a position based on grainy footage, the police were in a position of absolute power. If we have a system that is built around the presumption of innocence then we have to accept that one of us could be wrongly accused. If that is the case then surely we have the right to not also be violently arrested in the process.” 5. “The legal profession has the Independent Commission Against Corruption to investigate misfeasance in public office, so why can’t this be replicated in the police system? Investigations of the police by ‘one of their own’ will only breed scepticism of the force entrusted with enforcing the law and protecting the wider public- it’s time they, like us all, are held accountable to a higher standard.”

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.

6. “I have seen with my own eyes, police that simply abuse their power. However, not all police can be generalised in this way. The police were out of line in this instance. Regardless of whether or not the arrestee had been violent towards the officers, they have no need to be violent back. They are equipped with instruments and training to restrain people with minimal violence. It is simply unacceptable for us not to be able to trust a select number of officers who choose to abuse their power.”

We look forward to hearing from you.

The Obiter, Issue 3 | 13

Notre Dame Sydney Law Society

YourSay Issue Three This week: “I want to secure justice for the world” and “I want to make good money” - two approaches to the legal profession. Apparently we all idealistically signed up to law school because of the former and leave with the latter realism... What’s the deal? Our Vice Chancellor said of the appointment of our new Dean:

“His legal experience will be a great asset to Notre Dame’s Law students and his outstanding record of professional leadership will see him continue the University’s tradition of graduating lawyers who have a sound understanding of the academic application of the law, but who are also well-rounded individuals with a deep understanding of the nature of justice.” Do others not involved in the law (as students or professionals) have unrealistic expectations of us? Let us know what you think! Jump online and send us your thoughts to have your say published in the next Obiter! Contribute by clicking here. 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.

14 | The Obiter, Issue 3

Notre Dame Sydney Law Society

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 ÂŠ 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