Obiter, Issue 6, 2013 by NDSLS

the ndsls

obiter

The Alternate Careers Fair 2013

Week Twelve Semester One Monday 20 May 2013 the notre dame sydney law society

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acknowledgements Obiter Issue Six Editor Caroline Michel Contributors Lauren Absalom Rachel Bennett Eden Christopher Jacob Deigan Caitlin Gallagher Mark van der Hout YourSay Question Caroline Michel 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

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From the

Editor

Caroline Michel

Hello again everyone,

This has been a whirlwind fortnight for the NDSLS and the Law School. Last week was our annual Careers Week, which provided all students with fantastic opportunities to find out information about the many career paths available with a law degree.

Personally, Careers Week provided me with an opportunity to sit back and really reflect upon what my goals and aspirations are. I’ve never taken much time to stop and think about my career, or what I want to do once I finish my degree. As a second year student, it isn’t really a question that is on my mind a lot. Attending the Careers Week events forced me to stop and really think about what it is I want to achieve, and what areas of the law attract me. It doesn’t matter at what stage of your degree you are at- it is never too early to start discovering what opportunities lie ahead, and finding out which area or avenue might suit you the best. I think it’s important to have a goal and vision of where you want your degree to take you. Up until last week, the idea of taking the commercial path and applying for a mid or top tier firm never really had much appeal to me and my creative mind. However, I have started to seriously reconsider that idea, and have discovered that taking the ‘traditional’ path to commercial law isn’t always just dry, boring and a lot of hard work; there are so many opportunities and experiences that come with the top-tier commercial jobs that

can’t be found anywhere else. The commercial path, whilst not suited to everybody, can be very satisfying. Careers Week also made me ‘wake up’ to marks and results. As an extremely annoying stress-head, I try not to worry about or dwell on marks. An old school teacher always used to tell me that ‘numbers do not define you’. However, marks are indeed important…P’s might make degrees, but they don’t make clerkships, top-tier graduate opportunities and the ability to do Honours. Whilst this isn’t everyone’s cup of tea, it is certainly something I would like to aim for, and Careers Week has given me the motivation to try my best and study hard for the upcoming exam period. Marks aren’t everything; but they are certainly important. In this edition of The Obiter we have included many student written reflections about Careers Week and careers in general. I hope that you have found a lot of inspiration from these events like I have. That’s all for now, Caroline

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in this issue 6 Careers Week 2013 - A Reflection 7 Legal Specialty Talks - Articles and Reviews 9 Student Articles 12 YourSay

President’s Note I hope you all took something out of Careers Week! Even if it was only a thought, “I should probably start thinking about that...” This year we tried to build on the great Careers Week last year run by Kate Angus and the 2012 NDSLS. We took feedback that students wanted more information on what else they can do with their degree so we put on an Alternative Careers Fair which had a great turnout. We organised guest speakers to give insight into life as a lawyer in practice and also deliver some content to mix up your lectures. Overall, we are pretty happy with Careers Week and I hope next year it only gets better. I look forward to not having to wear a suit to uni so much!

Next semester you can all look forward to Social Justice initiatives and a lot more fun stuff. Planning has already begun and I hope everyone can get involved. With Week 11 coming upon us, we should all be thinking about exams and a European summer, uni games and the ALSA Conference in Perth. To those doing winter school... may god have mercy on you. Yours in Law, Eden Christopher Supreme Overlord

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Upcoming Events and Notices May 19

ALSA Registration Closes

May 23

Allens Client Interview Grand Final

June 5-6

Study Boot Camp

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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 6 | 5

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Careers Week 2013 A reflection by Jacob Deigan, Careers Director

What a massive two weeks! When I received the Careers Portfolio at the end of last year I was given the task to build upon the work of a very successful 2012 NDSLS Committee. Now that Careers Week (or Fortnight as it became) has come to a close I can look back and see what we here at the NDSLS were able to come up with. This year we introduced two new events to the line up: Specialty Talks and the Alternative Careers Fair. Both were received with great praise by everyone involved. Later on in this issue of The Obiter you will see reviews of the Specialty Talks, and I feel that most people will agree with me when I say they were of invaluable assistance to furthering our education. The Alternate Careers Fair was a great success and although it took a considerable effort to get going, I think it was the highlight of Careers Week. The students who attended were able to get an insight into the avenues available to them if they choose to use their law degrees outside of a law firm. Both the businesses and students present had a very positive response to the event and I hope that this great event can continue next year. A special thank you to the Notre Dame Business Students’ Society who contributed significantly to the event and helped in a big way to make the event and their Society a success. The Annual Clerkship Seminar held on Monday had some great feedback from students. I have heard some very positive feedback from a couple of students in regard to the presentations that were made by the firms, however, due to some complications on the day, we had to finish the event before the networking period had started. I assure 6 | The Obiter, Issue 6

you that next year the same mistakes won’t be made again and you can expect a much bigger and better clerkship seminar. The firms are all on board with providing you all with information and if you can’t grab some of their material from the Law School reception, jump online and have a look at our Careers Guide. This guide will be a great starting point for your careers preparation, and has a lot of helpful hints and tips from students who have succeeded in both the commercial and alternative paths. The guide also has a list of the key contacts and application dates for all the major firms in Sydney. I would now like to take this chance to thank all the members of the Notre Dame Sydney Law Society. Without their support and efforts, Careers Week would have been a very lacklustre event. As a student and as a member of the society myself, I feel extremely lucky to be working with the amazingly talented and dedicated members of the NDSLS. I would also like to thank all the staff of the Law School who were extremely supportive of Careers Week and endeavoured to help facilitate the event in any way they could. To finish, I wish our penultimate students who will be undergoing the clerkship application process in the coming weeks the best of luck. To them and to all our students as a whole, please feel free to contact me with any questions you may have about legal careers, and I will endeavour to help you in anyway possible. Read the 2013 Careers Guide here!

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Legal Specialty Talks Reviews by Students Introduction For this year’s Careers Week, we were lucky enough to have an array of legal professionals to visit many of our classes and present talks and lectures on their specific expertise, and how it related to the subject. The specialty talks were a great success, and we have received a lot of positive feedback from students who heard from the guest speakers. We hope to continue this initiative next year. In the last issue of The Obiter, we invited students to contribute reviews and articles about a talk or presentation they saw as part of the specialty talks. We have included these articles below.

with more than 20 years experience. I found Mr. Maurice’s presentation particularly interesting because of his involvement in some of the most important cases in Family Law, some of which we have learnt about in class. It was interesting to gain an ‘insiders’ perspective on some of the cases that establish fundamental principles in Australian Family Law, and to hear about Mr. Maurice’s role within them. It was heartening to hear anecdotes from Mr. Maurice’s career more broadly, and the down-toearth account of his first law jobs encouraged me not to despise the day of small beginnings, but to keep working hard and knocking on doors with the hope that opportunities will open up. Mr. Maurice also offered our class some wise words with regards to our personal and professional reputation and the importance of making decisions that preserve our integrity. On behalf of my Family Law Class, I would like to thank Mr. Maurice for taking the time to address us.

Richard Maurice - Family Law by Rachel Bennett During Careers Week, our Family Law class was fortunate enough to have Mr. Richard Maurice come and address us. Mr. Maurice is a Family Law Barrister

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Notre Dame Sydney Law Society Diccon Loxton - Equity by Caitlin Gallagher Last Monday, Diccon Loxton came to my equity seminar to discuss how principles of equity apply in the real world. Diccon has been a partner at Allens for almost 30 years and is renowned for his expertise in banking and finance law. It was evident in his presentation that he is incredibly knowledgeable and I enjoyed hearing about his career experiences and the work he currently does at Allens. It was interesting to listen to Diccon explain how the

Ian McGill - Principles of Contracts A by Caroline Michel Last week, my Contracts A class were very privileged to hear from a guest speaker, Ian McGill. Ian has been a partner at Allens for over 20 years. He specialises in mergers and acquisition, complex commercial contracts and corporate governance. Ian spoke to our class mostly about interpretation of terms in a contract. I found this a very valuable talk as it was the focus of our seminar that week, and he gave a fantastic introduction to the topic from a professional point of view, and definitely helped me understand interpretation of terms. I found it really interesting to hear Ian start his talk with a light hearted recount of when he first started 8 | The Obiter, Issue 6

principles of equity we had learnt applied to real situations and real cases every day. So often we sit in the classroom and forget that the cases we read are real and that these issues come up in daily practice. Diccon described one of the Australia’s highest value cases, which stretched to hundreds of millions of dollars, and the profound impact the principles of equity had on the case’s outcome. It was a privilege to have someone of Diccon’s experience and expertise speaking to us and I thank Diccon for taking the time to educate us.

looking for a job, and the difficulties he faced. He was very honest, and revealed to us that he knew nothing about drafting a contract when he left law school, and how daunting it was when employers would ask about this in an interview! He had to learn through practical experience. I really enjoyed this part of the his presentation as it gave me assurance and hope for my future career prospects, and taught me not to be worried about being inexperienced with practical legal skills; the best way to learn these is through applying for jobs. He made me realise that we can’t learn everything at university; experience in the professional world will teach us the most important skills. On behalf of my class, I would like to thank Mr. McGill for sharing his knowledge and experience with us.

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Work Experience

By Mark van der hout Fifth year student, Mark van der Hout has worked both in a mid-tier law firm and barrister’s chambers throughout his law degree. He explains why it is important to gain practical experience at some time or another during the degree. I was fortunate enough to gain employment at a barrister’s chambers after my first year of studying. Although I had only a basic understanding of how the law operated, working as a clerk allowed me to observe first hand how law was applied in the profession. In 2011, I was afforded the opportunity to be personally involved in the High Court case of Strong v Woolworths [2012] HCA 5 which analysed the issue of factual causation in negligence. The position involved problematic research on specific areas of law, drafting legal documents and the preparation of briefs prior to court.

insight into the legal profession consider a position as a barrister’s clerk. Towards the end of my degree I managed to gain employment at a mid-tier law firm. This was very different to working with a barrister however, extremely beneficial in terms of experience. I was introduced to the exercise of billing hours, working with a team and having contact with clients. The exposure cemented my decision to become a solicitor and work in the legal profession. In view of the competitive nature of law, students must look towards securing an ‘edge’ over others. In addition to gaining practical experience, it is crucial for one to strengthen their image in the eyes of potential employers. As a soon-to-be graduate, my advice is that anyone studying law should take part in the profession at some time or another.

Working with a barrister exposes a person to events and situations they don’t teach at law school. I recommend to those who wish to one day become a barrister or anyone who seeks to gain a greater

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 The Obiter, Issue 6 | 9 Director at publications@ndsls.org. It’s that easy. We look forward to hearing from you.

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Getting a Job not as easy as you think! By Lauren Absalom

Half of us think that we are guaranteed a job because we’ll have law degrees; and the other half are sure no-one will hire them. No matter which end of the scale you sit, or if you are somewhere in the middle, understanding your career, or really how to get one can be confusing at the best of times. The NDSLS gave you an insight into this, as they do every year, through the multitude of Careers Week events. Half the battle is working out what you actually want to do with your Law degree. Private practise is not the only option, and if you didn’t realise the other exciting alternatives, the Alternate Careers Fair was able to expose you to that. Maybe the other events convinced you that you do want to join a big firm; maybe you got tips on how to get a summer clerkship or a graduate position. The College of Law was on hand to introduce to you PLT and they will be back very soon! So what can you take away from Careers Week 2013? Here is a list of tips, all of which came from

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someone who has ‘been there, done that’! 1. Be Prepared! If you apply for a job, you have to want it – “I want a pay check” is not good enough! 2. Know your CV and your Cover Letter well; you can be assured they will before they interview you. If it’s in there be prepared to talk about it! 3. When applying for summer clerkships or graduate positions, make sure you think carefully about what you write, be sure it’s what you actually want to say. Well thought out and reflective of you! 4. Don’t claim to know more than you do, you’re a law student not a seasoned professional – they know this! 5. Dress the part and be polite to everyone you come across. The interview starts at the front door! 6. Be yourself! Hope this helps, and as always if you have any questions or want more tips, get in contact with your NDSLS – we’re here to enrich your experience at university!

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Custody Notification Service By Rachel Bennett

Those who have studied Evidence would be aware that the Police are required to inform the Aboriginal Legal Service (ALS) when an Aboriginal person is arrested. This duty is important because it enables support to reach the often vulnerable members of our community efficiently and consistently. The Police Officer calls the Custody Notification Service, ‘a telephone advice and well-check service’ which is operated by the Aboriginal Legal Service, and the detainee may speak to an ALS lawyer. The lawyer may offer the detained person early legal advice whilst also enquiring about their mental and physical well-being. This service was born out of recommendations from the Royal Commission into Aboriginal Deaths in Custody and assists more than 15,000 people per year, taking more than 300 calls per week. Since its establishment in 2000, there have been no Aboriginal deaths in custody in NSW and the ACT, demonstrating the importance of an early response to the arrest of an Aboriginal person,

and the importance of simply asking ‘Are you ok?’ Additionally, the Custody Notification Service has reduced both self-harm in custody and the incarceration rate of Aboriginal people. However, despite its successes, the NSW Government is withdrawing its support for the Custody Notification Service. Although the initiative only costs $500,000 a year- the same price as detaining two juveniles for one year- the Government is terminating its funding for this life- saving initiative. The Aboriginal Legal Service is currently in the process of battling for the life of the Custody Notification Service. To join the fight, sign the petition to the Attorney- General, the Hon. Mark Dreyfus QC MP- http://chn.ge/15JMYMj For more information about the benefits of the Custody Notification Service, go to http://www. alsnswact.org.au/ The Obiter, Issue 6 | 11

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YourSay Last Week The high price of legal services means that many Australians would find it difficult to pay for a lawyer for anything but the most basic legal issues. When people who can’t afford a lawyer turn to government funded legal assistance services, they find that due to chronic funding shortages, ongoing help is often restricted to those on the lowest incomes, and then only for a limited range of mainly family law and criminal law issues. Unlike the health and education system in Australia, there is no universal safety next for legal help: report by Community Law Australia, July 2012. We have Medicare and public hospitals, as well as free public schooling. Why is there so little in the way of schemes and funding for universal access to lawyers?

So what did you say? 1. People have a certain dignity, requiring respect. They have various rights to the basic goods or necessities of life (eg, food, shelter, basic education, health…). This justifies the state’s provision of public hospitals and education. ‘Universal access to lawyers’ goes beyond a basic good of life. Eg, how can seeking advice on lawful tax minimisation be considered a necessity of life? Ultimately, anything approaching free universal access to lawyers is an unrealistic utopia. Legal research, drafting and general work is just too time-consuming and therefore expensive for the ‘public purse’. Of course, aid should be there to secure necessities. 2. It is fair to say that access to justice is as fundamental as health and education. Perhaps to make it less skewed to lowest of income brackets, have a quota system for each income bracket. Although still not universal, it definitely means the middle-income bracket (the gap between not economically disadvantaged enough but still not financially able to afford a lawyer) is not so disadvantaged. 3. Whilst it is definitely arguable that free legal services such as LegalAid need more resources, I think that creating a universal legal service is taking the concept too far. Legal Services are not a necessity to life (like healthcare), or something necessary for getting a job and succeeding (like education). Universal legal service borders too far on the socialist spectrum for an economy and budget like ours to sustain. As Thatcher once said, there’s no such thing as public money. 12 | The Obiter, Issue 6

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YourSay - Issue 6 Recently, the NSW government passed laws to end the right of silence whilst being questioned by the police. A right to silence has always ensured that a court cannot use silence as evidence of guilt. Some argue that taking away the right to silence will abolish this protection for the accused. Is the right to silence a necessary protection? Or does it delay justice? What do you think? 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.

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WELCOME BACK! The NDSLS would like to offically welcome back on board Allens for 2013. Allens will be sponsoring our client interview competition once again this year. Without their support, the NDSLS would not be able to provide students with the many events and competitions we run every year. The Allens Client Interview Competition commenced in Week 10 with Round 2 in Week 11. The Grand Final is set to take place in Allensâ&#x20AC;&#x2122; offices in Week 12.

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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