THE QUTLS STUDENT MAGAZINE NON - FICTION & ESSAYS | FICTION | POETRY | BOOK REVIEWS THE SNAKES AND LADDERS ISSUE
We recognise that Aboriginal and Torres Strait Islander peoples are the custodians of the land, and have a traditional association with the land in accordance with their laws and customs. We acknowledge that for reconciliation to be sustainable over time, local communities and institutions must support, and be involved in, the process. We are committed to inclusion, reconciliation and consultation to ensure the future of Australia is one where our First Peoples are afforded equal opportunity.
ACKNOWLEDGEMENT OF TRADITIONAL OWNERS
The Queensland University of Technology Law Society (QUTLS) acknowledges the Turrbal and Yugara, as the First Nations owners of the lands where QUT now stands. We pay respect to their Elders, lores, customs and creation spirits. We recognise that these lands have always been places of teaching, research and learning.
In 2022, the QUTLS welcomes commencing First Nations students, and wish you every success in your studies and beyond.
The QUTLS acknowledges the important role Aboriginal and Torres Strait Islander people play within the QUT community.
RECONCILIATION
ACKNOWLEDGEMENTS The QUT Law Society would like to thank the following firms for sponsoring this issue of The AcknowledgementGavel: must also go to the following people for the creation of the Guide: Ashton Darracott, Director of Media and Communications Feba Philip, Publications Officer Mia Hoy, Publications Officer Ben Steele, Design Officer Allison Kricker, Design Officer Illustrated by Ben Steele and Allison Kricker. Thank you to all of the contributors whose work appears in this magazine. Your time and effort is greatly appreciated. Ashurst BakerClaytonMcKenzieUtz Corrs ChambersGilbertDLAWestgarthPiper+Tobin Herbert Smith HopgoodGanimFreehillsJonesDay Johnson Winter & Slattery K&L Gates King & Wood Mallesons McCullough Robertson Norton Rose Fulbright Piper ThomsonTalbotAldermanSayerGeer
CONTENTS NON-FICTION & ESSAYS A SNAKE AT THE DOOR ...10 CAN THE LAW STOP BIG TECH FROM GETTING TOO BIG ...11 DO YOU KNOW YOUR LANDLORD ...15 PLIGHT OF THE LOLLY SNAKE ...17 SNAKES AND LAW STUDENTS: AN INTER-SPECIES CONNECTION ...19 TODAY’S MANIFESTATION: I AM NOT AN IMPOSTER ...21 TO LIVE HALF A LIFE ...24 WHEN LADDER REPAIRS SLIP AN EMPLOYER’S MIND...27 FICTION BURNOUTS FOUR-WALLED...34WORLD ...38 MELANCHOLY ... 41 SINK OR SWIM ...45 POETRY SNAKES AND LADDERS ...52 TERRA NULLIUS (LAND BELONGING TO NO ONE) ... 53
FROM THE PRESS ROOM
stumbled upon this publication by accident or very purposefully found your way here, we know you’re in for a great time because QUTLS’ semester 1 edition of the Gavel is once again nothing short of amazing.
Dear Whetherreader,you’ve
As your publication officers, we’ve had the amazing opportunity to edit and read through every single piece to bring it to you. However, this wouldn’t have been possible without everyone that has been involved in this edition, in particular the QUTLS design team, in bringing these pieces to life.
If you find yourself enjoying this publication and are inspired to write yourself, come write for us in our next edition. We can’t wait to see what you come up with.
writers have run with the theme ‘Snakes & Ladders’ to highlight the trials, tribulations and triumphs associated with modernity and university life. This edition has seen some vulnerability, analyses on contemporary issues and emerging law. You are sure to be moved, informed or even enlightened by the pieces you’ll read.
We hope you enjoy this edition, Feba Philip & Mia Hoy
The essence of The Gavel is to provide commentary and perspective on society, law school, and the legal industry and our writers have done just that and more. It’s a publication run by law students for law Thisstudents.semester,
A SNAKE AT THE DOOR
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MIA HOY
My therapist used to tell me there was another me knocking on my door, waiting to be let in. In (reluctant) pursuance of my (reluctantly) corporate lifestyle, the knock at the door has been left unattended for some time. Though I hear the thump of the tail on the door, I don’t let the snake inside – the snake being the creative pursuits I never chased and the non-capital skills I neglected, because, ‘You could never make a living off of that’. The only way to earn a living is to dedicate your life to climbing the ladder. To earn a living, to contribute to society through work, to be worthy of living you must earn it.
I was conditioned to believe that if the door ever opened, the snakes would surge inside and hinder my journey up the ladder. My snakes paint and they dance, draw, design, sew, sing and write. They lure you to the door with fine wine. But don’t worry, you are halfway through a prestigious degree that will allow you to retire at the ripe age of sixty-five. Born as Stepford Wives, who are you to reject the ladder? If only you studied more and hobbied less.
The 21st century has been defined by technological advances. As we enter its third decade, the century has been marked by events such as the dotcom bubble, the invention of Facebook and the iPhone, and significant developments in e-commerce and digital communication. The transition to living in the digital world has been further accelerated by the pandemic forcing us to move to living our lives through zoom meetings and Teams or Slack messages. Much of this progress has been welcomed. Many consumers today cannot envision how they lived their lives without the limitless access to knowledge and communication they now have on the device in their hand or in their pocket. Technological advancements also encourage innovation and market competition, constantly presenting new and improved products and services into the hands of consumers. However, this rapid advancement has culminated in select tech companies dominating the market, and engaging in anti-competitive and unfair conduct aimed at suppressing market competition. This has presented a challenge for regulators who by even normal standards struggle to keep up with change. This article explores the ways in which Big Tech is doing this, and what, if anything, regulators can do about it.
The case against the Big 5
MATT ADAMS
In recent years five of the Big Tech companies: Google, Apple, Amazon, Meta (formerly Facebook), and Microsoft, have drawn scrutiny due to claims of anti-competitive behavior. This has seen the United States Congress and
CAN THE LAW STOP BIG TECH FROM GETTING TOO BIG?
Apple has drawn criticism for practices surrounding its app store and access to its operating system. Any app used on an Apple device must be purchased through its own app store and comply with Apple’s rules.Uploading apps also need approval to be published on the App Store. This practice led to a recent case between Apple and Epic Games (the creators of the video game Fortnite). Epic Games claimed that Apple’s App Store requirements were unfair, and it was anti-competitive practice for Apple to not allow any other app stores on their roperating system. This problem is further exacerbated by the commission that Apple charges for developers to upload applications onto the App Store. Effectively, Apple has a complete monopoly over what Apple product users can download. Apple can also charge a significantly higher rate compared to Android app stores.
Apple is able to charge these higher commissions with impunity as no other app facilitating functions can exist on an iPhone, or MacBook.
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Concerns have been raised that these companies are displaying anti-competitive behavior and even exploiting monopolies. This has led to growing calls for anti-trust law to step in to stop these practices and potentially even force the breaking up of these companies.
Another practice Apple has been accused of is ‘Sherlocking’ where the premise of a third-party app will be copied by and then prioritized on the App Store. This is what happened with
other legislators around the world pay special attention and consider what action they may take.
the flashlight function on iPhones. Apple co-opted a thirdparty’s flashlight app idea and created their own version, in essence taking the credit for and reaping the benefit of another party’s idea. This is not a unique practice to Apple. However, this essentially destroys competitors whose only access to Apple users is through the Apple App Store.
A similar claim has been made against Amazon, which controls so much of the online marketplace that many online sellers are solely dependent on the platform to sell their products. There have been complaints that the platform disadvantages third-party sellers, as they claim Amazon’s algorithm favours Amazon’s own imitation products, similar to the above allegations against Apple for ‘Sherlocking’. Further, there has been controversy over a policy which required sellers using Amazon to not sell their product elsewhere for a lower price. Amazon claimed this was to protect its consumers and ensure they received the lowest price. However, this policy effectively acted to stop competitors competing with theMeanwhileplatform.
It is important to note that being a big successful company does not automatically make a company in breach of antitrust laws. Neither is being successful across multiple sectors. In fact, many people enjoy the interconnectedness and convenience that these companies bring, such as being able to connect their phone, their laptop, music, banking, and home all together.
Microsoft has drawn criticism over its latest acquisition of Activision, one of the largest video game producers in the world. This alongside Microsoft’s large share of the video game industry means there is potential for it to now monopolise the industry. This is not the first time the company has drawn attention from anti-trust regulators. In the late 90s and early 2000s there was concerns about the dominance of its operating system, Windows. However, a deal was made with regulators to ensure that third-parties had access to their system.
From dominating internet searches, it has expanded to phone operating systems, online payment services (Google Pay), and the smart devices that are embedded in our homes. What the law can and should do
Google has also not escaped scrutiny. The company has received much of the same criticism as the other big tech companies.
Another recent announcement by a tech giant has worried regulators. The change in name of Facebook to Meta, signifying a change in direction for the company to focusing on the ‘Metaverse’ raised concerns that this may lead to a monopoly. In recent years, the company has consolidated its position in the social media market with a strategy of buying rather than competing, which saw them acquire Instagram and WhatsApp. As the company transitions to the Metaverse they have changed their focus towards virtual reality technology, buying five AV/VR companies in the last year.
However, imagine a world such as what could have happened if in the early 2000s Microsoft had been allowed to develop its operating system Windows so that consumers could only use its web browser Internet Explorer, its own internet search engine Bing, and its own email platform Outlook. This would provide very little choice to consumers, in light
If legislators can overcome this hostile environment, there are legal avenues. One of the more extreme options is breaking up the big tech companies. For example, there have been calls to reverse past acquisitions such as Instagram and WhatsApp in the case of Meta, or prevent purchases such as
The lack of regulation of Big Tech market monopolies also becomes an issue when these companies become so large that third parties develop a reliance on them. Consumers rely on Facebook and Google to find their news, online retailers rely on Amazon’s marketplace to sell their goods, and most computer operating systems are either Windows or iOS, giving consumers only two choices in operating systems. While it is not illegal to be a monopoly or to be a big successful company, it is illegal to take advantage of this monopoly and to crush competitors. There are examples of these companies using their monopoly and control to destroy competition and/ or threats.
in the case of Microsoft acquiring Activision. But this could go as far as forcing companies which span multiple services and sectors such as Amazon and Google to split in to two or more different companies. This action would be unpopular as well as unlikely.
Anti-trust law is a good example of how democratic principles are embedded into the law. Much like governments, people want companies to allow individuals freedom and not to act as an autocratic leader by limiting their ability to choose. The above scenario is not too far from what we see currently from the Big 5. Consider that many of these tech companies also have their own payment systems or app stores. As is the case with Apple, they become the only way to access their platform, it prevents any competition and harms consumers.
A more realistic solution such as what is being discussed by the US congress currently is a change in regulation to target issues specific to these tech companies. Legislation targeting specifically the exclusivity of tech stores and preferential tactics in algorithms have been proposed. Similar requirements were made of Microsoft in the early 2000s.What now what may be required is that these requirements are formalized and cemented in legislation. This will likely be an ongoing discussion in the US congress and among legislators across the world, including Australia, signifying what may be a resurgence in anti-trust law.
A recent experience in Australia has shown that Big Tech is not afraid to retaliate. When the federal government floated the idea of a payment system for news used on platforms such as Facebook, the company responded by removing all news pages (as well as some non-news but still vital pages) from its platform. This left many people vulnerable as they relied on receiving information through Facebook. While Facebook’s response may have been successful in forcing a resolution with the Australian government at the time, it further adds to the need for broader action to be taken. What are the legal options for regulating Big Tech?
13 of the fact that almost the entire market uses Windows, where it doesn’t use Apple iOS).
Technology improves the lives of the many individuals, organisations and governments that use it. However, companies such as Microsoft, Apple, Amazon, and Google, all revolutionary in their products and services at the time of creation, are giants who have a worrying degree of control over the activities of their competitors. Clearly, each company employs different strategies to maintain their positions at the top of the tech food chain, and they are not afraid of coercion, retaliation, and suppression of the products or service that threaten their monopoly. But legislation and regulation can prevent these companies from engaging in unfair conduct against their smaller yet just as innovative vendors. Legislators around the world have the power to regulate such behaviour, and they must act to enshrine protections regarding competition law. Only this will keep national and global economies healthy and democratic.
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THE DATABASES
These mature search services are backed by a laundry list of claims that they have led to improved tenant experiences, such as: reduced property damage, improved property upkeep, 90% reduction in rent default, and the ability to reject applicants for poor ratings.4
DO LANDLORD?KNOWYOUYOUR
Landlords demand personal references and background checks for tenancy applicants as a norm – but tenants are the ‘consumers’. Why isn’t this quality check a two-way street?
DANA HERIOT
A prospective tenant was forcefully withdrawn from the application pool after initial approval for requesting a reference for his potential landlord.1 Yes, you read that correctly. The hopeful applicant wanted a previous tenant to provide a positive reference for the landlord before accepting the new lease.
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THE PROPERTY SURGE
The National Tenancy Database states that its tenant check services include identity verification, tenant blacklist screening, bankruptcy & court record check, and ASIC company directorship checks.2 Furthermore, Trading Reference Australia claims to provide the most comprehensive database in Australia with the purpose of discussing and assessing an individuals’ rental history.3
The property market is booming. I am not just talking about the prices in major cities which are now certainly outside my budget. The new leases motivated by COVID-19 restrictions, flexible work arrangements, and lifestyle shake ups, continue to change how Australians now live their life. With this change has come new conversations, and one of them has caught my eye.
While he approached the query to the agent with humour and a bit of cheek, it has stirred a stubborn response in my head: good question, why not?
Landlords allegedly have a keen interest in protecting their investment, but sometimes it can feel that investment is the land itself, not the household or the occupants. Meanwhile, tenants have an interest in protecting their standard of living by ensuring they report issues promptly and catch issues early that could become expensive to fix, dangerous to reside near, or risk their bond.
Prospective tenant’s rental application is rejected after asking for ‘landlord reference’ | 7NEWS 2https://www.tenancydatabase.com.au/Checks for Property Managers | National Tenancy Database
OTHER REFERENCESINDUSTRY
In my humble opinion, this is exceedingly fair when considering the repetition of the job application process. Since January, the infamous ‘great resignation’ (driven by worker burn out during lockdowns) has employers searching for ways to attract talent.
Specialists | Real Estate Agent | Rent Appraisal | Executive Leasing | Rhodes | Burwood :: Rent(propertymanager.net.au)Best...
It’s not an innovative concept to equal the playing field with references. Recruiting industry websites such as Seek, Indeed, and Glassdoor, ask employees to provide references to their workplace and rate several aspects of their work life that future employees may find value in.
Not all landlord (or property manager) behaviour is optimal to be on the receiving end of. It would be wise to provide tenants an avenue to conduct their own due diligence on who they propose to pay each week.
3Trading Reference Australia, https://tradingreference.com/
Some may suggest that simply making the ‘request’ mainstream would be enough, however, I am inclined to see legislative change that would afford tenants more protection in their choice of home. After all, knowing the basic character of the person who owns your bedroom seems like the minimum for peace of mind.
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I would be comfortable suggesting that the power in a landlord-realtor-tenant situation sways heavily with the homeowner. While in theory, tenants can alert their landlords or property managers to issues, some find themselves: blockaded, ignored, at risk of a rent increase, at risk of a lack of renewal for insisting on repairs (emergency or otherwise).
4Tenant Reference Database - Why it’s so important - Property Management Sydney Australia | Manager
LEVELLING THE FIELD
The potential benefits of an Australian landlord database could bring great Utilitarian effects. The practice of tenancy references claims to improve the behaviour of the wider tenant population – so the same could be achieved of landlords.
THE LANDLORD LADDER
PLIGHT OF THE SNAKELOLLY
It is a truth universally acknowledged that a law student with a 6+ GPA and a glowing CV must be a ruthless snake in the grass (and in the Moot Court).
While the word ‘snake’ might be a bit harsh, it is clear that our collective understanding of what a law student should look like is often shaped by a fundamental belief that to be effective in the legal context, you must be highly adversarial. Ready to fight to the death. Take no prisoners. In light of
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this, I’ve found it difficult to find where I fit in law school, let alone to see where I might fit in the (ahem) Real World once I get there. I remember the first time I tried my hand at negotiation in LLB103 - I had to fight my natural instincts to compromise the entire time. Meanwhile, my opponent thrived on the challenge, fighting tooth and nail for her client. I was amazed by her grit and ferocity. I know that I’m not the snake in the grass, fangs at the ready to sink into my learned friend’s submissions. I’m more of a lolly snake - dependable, approachable (and a hit at kids’ birthday parties). But make no mistake - I now understand that there’s room in the law school jungle for sweets and serpents alike. There will always be a need for adversarial lawyers, ready to go into battle for their clients. There will also always be a need for patient, empathetic lawyers who can support their clients to understand their legal rights and responsibilities. Now, I try not to worry so much about living up to the textbook-hiders or the master negotiators. This lolly snake is running her own race, as sweetly as ever.
CLARE MARY
Okay, maybe ‘snake’ is a touch melodramatic. That being said, we’ve no doubt all heard stories about law students hiding textbooks in the library ceiling during exam block, gatekeeping the precious secrets of establishing duty of care. We’ve all seen the likes of Lewis Litt and Harvey Specter going toe to toe for their client, doing whatever it takes to get the win. And I’m sure that most of us, having told our Aunty Helen that we’re studying law, have heard her say, “Oh, you must love arguing. Wouldn’t want to be on your bad side! Can you please pass the peas?”
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SNAKES AND LAW STUDENT: AN INTER-SPECIES CONNECTION?
CHRISTIAN COULTHARD
be found to be social animals, particularly when alcohol is included within their diet.
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Finally, the diets of the faunae may be similarly juxtaposed. All snakes are strictly carnivorous, preying on small animals including lizards, frogs, other snakes, small mammals, birds, eggs, fish, snails, worms and insects. While law students can also be found eating all the aforementioned
For starters, the physiology of both creatures, whilst alarmingly similar, retains some key differences. Snakes are ectothermic, amniote vertebrates covered in overlapping scales. Likewise, law students are scaly, cold-blooded, reptilian creatures who routinely shed their skin to get rid of parasites such as mites and ticks. However, a key difference is that law students often lack any kind of spine whatsoever.
It is common knowledge that law students and snakes are almost completely alike. I have spent three years in the field at QUT law school trying to differentiate the two species. Thankfully, the eyes of this trained herpetologist has discerned recognisable differences between both scaly, slithery predators.
Both species are commonplace fixtures of the Brisbane area. Twenty-seven species of terrestrial snake can be found in the Brisbane area. These range from cuties such as the lovable carpet python and the common tree snake, to the ‘still cute but please no-touchy’ red-belly black, eastern brown and death adder. Similarly, various species of law student can be found across south-eastern Queensland in all kinds of disgusting and venomous varieties. They most often flee when approached; however, some sub-species can
Snakes and law students can both sometimes be highly venomous. The venom of a snake is a modified saliva, delivered through fangs or spitting. This highly toxic saliva contains zootoxins which facilitate the immobilisation and digestion of prey. This venom also provides a suitable defence against threats. While there exists sightings of highly toxic law students delivering their venom through spitting and biting, the more common venom delivery apparatus is through comparison to peers and extremely neurotoxic LinkedIn posts. If in danger, instead of trying to dispose of the law student through stomping or a weapon, one need only scare it away through asking them, “What is your GPA?” or, “Are you aware there is a Real Property Law assignment due next Thursday?” or, “Do you think everyone at the firm you work at knows you’re an imposter yet?”
animals, their diet can be differentiated from snakes as it is both omnivorous and also completely lacking in nutrition. Snakes do not ordinarily prey on humans. Unless startled or injured, most snakes prefer to avoid contact and will not attack humans. This can be contrasted with the law student, who will often prey on unsuspecting peers and attack them with questions about a missed tutorial or an upcoming assignment. While there is currently no existing antivenom for this kind of vicious onslaught,
a short and sharp, “Fuck off,” has been found to be quite effective. In conclusion, it is the view of this herpetologist that like snakes, it is best for one to keep their distance from law students and to immediately call for professional help if you find one in your house.
2-week reflection:
Before I heard Chris talk about Imposter Syndrome. I was scared. Scared of embarrassing myself, saying something silly or asking a question to which I should already know the answer. I was afraid of group assignments. Not because I was scared of social interaction with people. But because I was afraid of my being there, being questioned. In my first year, I was confident, I was new just like everyone else. I knew just the same as everyone else. Second year came, people knew things I didn’t know. I was not on the same page as everyone else anymore and I couldn’t blame it on
I
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MYA TILLACK
I am not an Imposter. I am a law student. I am a psychology student. I belong here.
THAT IS ALL IT IS, a bunch of ‘what ifs’. Am I going to let my thoughts sabotage my degree? Am I going to live in constant fear?
MANIFESTATION:TODAY’S AM NOT AN IMPOSTER
I am not an Imposter. I am a law student. I am a psychology student. I belong here.
Today was a good day. Actually no, it was a great day; hearing Chris speaker about the imposter syndrome was absolute music to my ears. The feeling of that weight lifting off my shoulders as other students at my table admitted they also experienced what Chris was talking about, now that was the cherry on top. I can’t help but think how much more I would have enjoyed my first year if I had heard this revelation then. I would probably have spoken in class more; asking questions, speaking to other students, I probably would have more friends. This fear of being a fraud, literally chokes me anytime I want to speak. The burning desire in my chest to say anything to anyone in any tutorial, but don’t. Thoughts such as “what if they just said the answer?”, “what if I am supposed to already know this?” and “what if this is just common knowledge?” stop me. But I need to remember,
All I did was change my thoughts. I worked hard to get into my degree. I am a law and psychology student, fair and square. I will thrive in my degree. I am smart. I will ask questions.
I belong here.
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I have recently realized the power of my own thoughts. The power to change the course of my life. This process is one fold. Change your thoughts. Negative thoughts attract negative outcomes; positive thoughts attract positive outcomes. Negative thoughts are thoughts of what I do not want in my life. Positive thoughts are what I want in my life. The Universe doesn’t distinguish between the negative and positive. It will give me whatever I think.
I am what I think. I attract what I think. Want good grades? Think good grades? Want law school friends? Think law school friends? Want 20% off law ball tickets? Think 20% off of law ball tickets.
By changing my thoughts from negative to positive, I have made friends in all of my classes, I even got myself a lil girl group going; I went to law ball with them and had a blast and now I have four new people in my life not just as uni friends, but as friends. I have started asking questions in class, which got me understanding my degree more, which led me to starting assignments earlier, which reduced stress in my life and ultimately improved other aspects of my life. My relationships got better and I didn’t have to cancel work as much because of uni. By thinking I love uni, I began to love uni.
being a first year. I became intimidated by my peers and everyone around me. My negative thoughts soon consumed me and came to fruition. The more I thought negatively of a class, the worse the class was.
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Half a meal will not satiate your hunger
TO LIVE HALF A LIFE
“…Do not dream half a dream
and in turn rejecting a life worth living in authenticity and sincerity.
Half a drink will not quench your thirst
- ‘Do not love half lovers’ by Kahlil Gibran
Half an idea will bear you no results…”
Do not fantasise about half hopes
As a child, it seemed as though the whole world was at our feet. We did not fear speaking our mind, we lived with conviction, and we wholeheartedly believed that our dreams would come to fruition. When did that all change? Being untainted by other peoples’ perception of who you are, who you should be and your capabilities, undeniably leaves all the power to you. Therefore, as a child when the expectations for you are limited, you are given the privilege to indulge in being your most true and authentic self. However, the moment expectations and responsibilities enter our selffabricated bubble that only we know, we are trampled on by uncertainties and expectations.
Fear is the most immobilising emotion there is and oftentimes prevents us from moving a step forward to where we are supposed to be. For some, it concludes our journey towards a dream we had envisioned for ourselves ever since we could remember. Only to leave us fantasising and longing for what could have been. Trusting in oneself is not an easy task but by letting ourselves be consumed by fear, we are only letting doubts and the idea of complacency seep into our minds. To remain stagnant means accepting a life of contentment
Oftentimes we find it easier to blame external factors such as people, to deter us from climbing that ladder towards our dream. We can be so focused on other peoples’ or even our peers’ success that we begin to lose sight of our own and somehow our goal has now morphed into theirs because we are trying to match their success. The problem is, every individual has their own definition of success, yours may completely differ to that of your peers and may ultimately make you miserable. Do not be constrained by time frames,
Half the way will get you no where
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Life is all about choices. We all have in us the power to choose where we go in life. We hold the choice to overcome the ‘snakes’ blocking our path to our destination, and we also hold the choice to allow the ‘snakes’ to stop us from moving further. Life is all about combatting ‘snakes’ and climbing ladders, as nothing worth having ever comes easy in life. ‘Snakes’ can symbolise anything that prevents our personal growth. For some it may be fear, doubt, impatience, people and sometimes even yourself.
ANIELLE ROSEMOND
You just need to believe.
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It is important to take a moment to look within ourselves and when we do, most of us will realise that we have lost that innocent child within us who believed that all was possible. Sometimes, believing is the hardest part but it is the first step to actualising our dreams. We owe it to ourselves to live a whole life. Not half a life, where we force ourselves to be merely satisfied when we know we are capable of more. If no one believes in you, just remember that the inner child within you believes that YOU can do it all. You have more power over yourself than anyone could ever have over you.
There will be times when you will lose confidence, question your capabilities, lose people along the way, and even feel lonely. You may feel that now in your degree and you may have experienced something similar before. This process is all part of you discovering yourself again. Situations or circumstances change you as a person, it is important to experience failure and discontentment in order to grow and thrive, otherwise you will always remain stagnant. However, you need to remember that you hold the power and the choice to choose how you react to these ‘snakes’ or obstacles blocking your path. Sometimes, going into the unknown is such a terrifying thing but betting on yourself will never leave you at a loss. We may not always arrive at the destination we thought we would arrive at, but it is oftentimes better than what we could have imagined. Many people give up because they have hit a wall, but what they do not know is that if they can only surpass that wall of fear or self-doubt, there is a limitless amount of opportunities, lessons, healing, and internal growth waiting for them. Never believe that you have stumbled across a ‘snake’ or obstacle by mistake, every emotion or circumstances is presented to you for a purpose and that is for you to become better than who you were before.
as everyone’s success comes at different times but that does not make it less meaningful.
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When you join us, you will become part of our national team working with partners across Australia on a broad range of practice areas and industries. Of course, you’ll still work closely with your local partners in Brisbane who cover a range of practice areas, including dispute resolution, energy & resources, mergers and acquisitions, equity capital markets, real estate, regulatory, restructuring and insolvency, banking and finance, and corporate finance.
PRACTICE AREAS
A RECENT JUDGEMENT BY THE SUPREME COURT OF VICTORIA SERVES AS A REMINDER OF THE DUTY OF CARE EMPLOYERS OWE TO AVOID EXPOSING THEIR EMPLOYEES TO AN UNNECESSARY RISK OF INJURY.
In February last year, Justice Forbes of the Supreme Court of Victoria handed down her judgement in Da Costa v Bitu-Mill (2021) Aust Torts Reports 82-606. The case concerned Mr Shaun Da Costa (‘the Plaintiff’), a former employee of BituMill (Vic) Pty Ltd (‘the Defendant’). The Plaintiff alleged that, while working on the night of 1 February 2009, he attempted to descend the ladder-like steps of a road removal machine called a profiler. There was no light illuminating the steps so he could not see where to place his feet. His left foot slipped on the bottom step and his knee was injured.
The Plaintiff testified that the steps became worn from constant use. The bottom step was held in place by a rubber side, rather than a metal side, allowing it to move when it was stepped on. Justice Forbes accepted the Plaintiff’s evidence that on the night in question, the steps were bent and damaged and the tread was worn.
28
CONDITION OF THE STEPS
RESPONSE TO COMPLAINTS
The Court accepted that the Plaintiff made verbal reports to the Defendant about the condition of the steps on profilers, but not specifically about the steps being defective. Irrespective of these complaints, it was clear the Defendant was aware of the risk of slips and missteps for employees using the steps. The rubber mounts used on the bottom step were not designed to prevent damage, but rather to lessen the amount of damage known to occur during use. This reinforced that the Defendant expected the step to sustain wear and damage.
The Defendant’s case was that it had a system of identifying defects and shortcomings in the steps. Its machinery was maintained by a full-time mechanic who operators could contact if a machine required on-site work. Otherwise, machines were serviced after every 250 hours of use. However, Justice Forbes concluded that these measures were primarily directed in ensuring the machines were safe to drive, rather than to minimise risks posed by the steps.
not providing adequate lighting in the area of the steps; allowing the steps of the profiler to become bent, defective and in a poor state of repair and maintenance; and failing to heed and respond to complaints about the condition of the steps.
LIGHTING
The Court held that, as the lights on the profiler were not permanent fixtures, the access steps contemplated use in very low light conditions. It was not as if the Plaintiff simply missed his footing in the dark; an adequate tread on the
Operators were required to complete a pre-start safety
steps would have otherwise permitted a safe descent.
The Plaintiff brought an action against the Defendant for breaching its common law duty of care and its statutory duties under the Occupational Health and Safety Regulations 2007 (Vic) (‘Regulations’) by:
The Defendant presented evidence that the machine was subject to annual risk assessments. However, they did not provide any details as to who conducted these assessments, how they were conducted, any hazards identified during the assessments or what steps were taken to reduce or eliminate the hazards.
Therefore, the Defendant had acted negligently.
all hazards with regards to the health and safety associated with the use of a ‘plant’ in the workplace. The profiler was clearly a ‘plant’, and the Defendant’s knowledge that the steps could sustain damage may arguably amount to an identification of the hazard.
Under the Regulations, an employer must, as far as is reasonably practicable, identify, eliminate, reduce or control
Nonetheless, given the Court’s finding as to negligence, it was not strictly necessary to conclude whether the Defendant breached their statutory duty.
His ability to wear a prosthetic leg was compromised by lower back pain and complications from the amputation, leaving the Plaintiff mostly dependent on a wheelchair. He had not been able to return to work as a profiler since March 2009, and he was unable to work in any capacity following a total knee replacement surgery in January 2010.
The Defendant, as an employer, owed the Plaintiff a duty to take reasonable care to avoid exposing him to an unnecessary risk of injury. This included ensuring the condition of the steps was adequate to reduce the risk of slips and missteps.
LOSS SUFFERED
BREACH OF STATUTORY DUTIES
The Court found that the risk to the Plaintiff was not unforeseeable or fanciful. The Defendant knew the steps were prone to damage but did not have a system in place to identify and repair or place steps that became unsafe. There was a range of relatively simple and straightforward steps available to the Defendant to help mitigate the risk, including providing non-slip surfaces on the tread of the step, replacing the step or installing a hinged bottom step.
NEGLIGENCE
29 checklist at the start of each shift. However, the checklist did not specifically require the operator to assess the condition of the profiler’s steps. The Court found that the checklist did not ‘allow for monitoring the accumulation of small dints, the wearing down of perforations or the stretching of rubber as occur over time’. Moreover, the Court was not satisfied that, if an operator included a note on the checklist about a non-mechanical issue with a step, there was a system in place to ensure this issue would be drawn to the mechanic’s attention.
The Plaintiff underwent several types of treatment for his knee injury following the accident, ultimately culminating in an above-knee amputation on 23 May 2017. This had an extremely negative impact on his mental health and his relationship with his family, and he was being treated for ‘a major depressive disorder with anxiety features’.
ASSESSMENT OF DAMAGES
30
Ultimately, Justice Forbes awarded the Plaintiff over $2 million in damages. She assessed the award of damages for the Plaintiff’s pain and suffering to be $600,000, allowing for a 20% reduction (to $480,000) to account for the impact of the Plaintiff’s underlying condition absent the Defendant’s breach. She awarded an additional $974,275 for loss of past earnings and $20,000 for tax paid on compensation payments. Finally, the Plaintiff’s future loss was calculated at $1,057,153, less a 40% reduction (to $634,292) to reflect the risk, something else may have interrupted or shorted his earning capacity even if the Defendant had not acted negligently.
The assessment of damages was complicated by the fact that the Plaintiff suffered an underlying degenerative knee condition as a result of an earlier work injury in 1998. This made it necessary to reduce the award of damages to account for the possibility that this underlying condition could have negatively affected the Plaintiff later in life even if the Defendant’s wrongdoing had not occured. In other words, even if the Plaintiff had not slipped on the step in 2009, there’s a chance he would have suffered a decline in his work capacity and quality of life anyway.
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9 Arthur Lane
Patrick O’Donnell
7 Arthur Lane
In that moment, all that mattered to Adam was the first sentence – the one that earnt a fist bump from Patrick and his widest smile.
Tin Can Bay, QLD 4580
Tin Can Bay, QLD 4580
Adam didn’t often receive mail. The last letter addressed to Adam had been in his grandmother’s spidery cursive – a card for his 17th birthday. Adam had spent the $20 inside on bait the same day at The Chandlery. But that was a couple of months ago now.
34 Adam Grant
Dear Mr. Grant,
At the time, Adam felt he’d wasted his gift. He and Patrick had returned home with nothing to show for their efforts but Adam’s burnt nose and a slight gash marring Patrick’s left index finger from where he’d cut himself on a fishing hook. Adam had nearly fallen into the water from laughing so hard at Patrick’s reflexive reaction to putting his finger in his mouth only to spit it out just as quickly at the taste of worm on his fingers. Then Adam actually did find himself in the water when Patrick retaliated by pushing him in. Adam didn’t stop laughing until after Patrick had joined him, the two of them bobbing with the current as Adam’s chest finally stilled. A few weeks later, Adam was still again, facing Patrick on the other boy’s bed. Patrick’s dark green covers were soft and faded from years of use. Adam and Patrick had sat on this bed hundreds of times to play video games and talk shit. This time, though, rather than a PlayStation controller, Adam held an envelope that was near identical to Patrick’s, apart from:
HANNAH CLERC
BURNOUTS
Your application for student accommodation in a single room at St. Peter’s College Brisbane has been accepted.
The subsequent sentences were more important now. Adam had budgeted for the $250 upfront amenities fee, and for the $60 administration fee. He’d put away a little extra each
The long-anticipated image of a red key in the top righthand corner had told Adam these letters were far more important than his grandmother’s birthday greetings. Ever so slowly, Patrick had carefully slid his thumb under the tab and had begun to ease the envelope open. Impatient, Adam had torn open the envelope, nearly ripping the letter in his haste to read the message inside.
“Adam, there’s no fucking way Billy Berns agreed to that,” Patrick says with a vehemence undiluted by his hushed tone. Patrick places his dad’s empty VB bottles next to the kitchen bin and glances over Adam’s shoulder, making sure their argument hasn’t woken him. But Mr O’Donnell remains asleep on the couch, still in uniform after returning home from his nightshift at the police station.
Despite Adam’s new concerns about money, he’d hand over that $20 again in a heartbeat if it meant he could return to when he floated beside Patrick. It wouldn’t be a waste at all.
* * *
Patrick finally turns his attention to Billy, jaw set. “I’m good
“Good work boys,” Billy says as he joins them. “Here’s to a job well done,” Billy adds, handing over the bottle of whisky to Zach who takes a large mouthful. Zach pulls back grinning, he goes to take another but Billy interrupts him, “Zach don’t be so fucking rude and pass it down to O’Donnell.”
Billy snatches the bottle from Zach, sloshing the liquor within. All the while, Billy’s gaze remains focused on Patrick. Replacing his cigarette with the mouth of the bottle, Billy takes a swig before wiping his mouth sloppily with the back of his hand. “See, O’Donnell? Easy as. Now you,” Billy says, extending the bottle to Patrick.
week from his weekend shifts at IGA, sacrificing sides of fries and double scoops of ice-cream. But then: This year, in response to this year’s floods and ongoing COVID-19 concerns, St. Peter’s College is requiring new lodgers to provide a $1200 deposit for their room and board. This amount must be paid on or before 30 September 2022.
Adam aims for casual as he explains, “Look, all we have to do is help them break in and steal what’s left of Mary’s stash.” Patrick stares open-mouthed at Adam and begins to slowly shake his head, “Adam—”
Adam didn’t have that kind of cash on hand. His parents certainly didn’t. Seemingly endless travel restrictions and global pandemics had taken its toll on their dolphin cruise business.
* * *
Adam pulls out yet another bottle of gin and hands it to Zach who adds it to Billy’s backpack, the gym bag beside it already full. “That’s the last unopened one,” Zach directs to Billy who’s presiding lazily from the blanket-adorned armchair with a half-finished bottle of whiskey and a freshly lit cigarette burning between his teeth.
Billy’s been watching Patrick all afternoon, conspicuously enough that Adam notices. Adam doesn’t like the way Billy’s eyes track Patrick as he moves absentmindedly to pick up the bottle of rum that spilled its contents all over the rug when Zach kicked it over. Maybe it wasn’t Adam’s best idea to bring Patrick along to raid Mary’s liquor cabinet, knowing how Patrick feels about alcohol because of his dad’s own problems with self-medication.
35
Patrick looks up from his uncomfortably rigid position on the couch with a blank look. He doesn’t reach to take the bottle Zach offers; he may as well be a statue. Billy stares Patrick down as he takes another drag of his cigarette but Patrick refuses to meet Billy’s eyes.
“It’s the last $200 I need for the deposit,” Adam tries. Even after all the extra shifts at IGA and forgoing everything from the occasional chocolate block to barista-made coffees, Adam’s still short for the deposit that’s due Monday. When Patrick sighs and looks away, Adam knows he’s won.
Adam turns towards the sound and sees flames escaping from the living room window. “Shit,” Adam exhales, hypnotised –the sight of the flames’ destruction anchoring him in place.
haymaker punch, walloping Adam in the jaw. The force of it causes Adam to crash into an unprepared Billy. The momentum dislodges Billy’s cigarette and ignites the alcohol-soaked rug.
“We need to do something!”
Adam looks up to see Patrick breathing heavily in the doorway – unmoving, as Billy and Zach flee the room with their Adambags.isheld in place by Patrick’s look of contempt – his eyes ablaze with fury and his face awash with orange.
Adam tears his gaze away from the inferno to find Billy and Zach are about to turn the corner. Adam moves to pursue the other boys before they’re out of sight but slows with each step. He looks once again over his shoulder towards the house.
Billy freezes, shocked that Patrick’s actually refusing him. “No?” Billy says venomously, licking his lips and turning to Adam. “Okay then, Grant. You want your $200? O’Donnell takes a shot, or you can kiss that money goodbye.”
Adam is broken out of his reverie by the increasing closeness of the siren’s wails, “Patrick…”.
Coming to his senses, Adam turns and races back to his best friend.
“Fine!” Adam cries, voice cracking. Tears begin to wet his face as he finds the back door. Scrambling down the back steps, Adam wipes at his eyes as he races towards Billy and his promised $200. But the whining siren of a police car brings him to a halt.
Patrick returns with a pot of water and attempts to extinguish the flames, but the blaze is already out of hand, leaping up the nearby curtains. “Fuck off, then!” Patrick shouts as he returns to the kitchen to refill his pot.
Patrick moves only to shove Adam aside as he grabs the blanket off the back of the armchair in an effort to smother the “Whatflames.thefuck are you doing!?” Adam asks incredulously.
Adam looks between Billy and Patrick. Adam opens his mouth to respond but doesn’t have the chance to get any words out before Patrick rises to leave but Adam quickly blocks Patrick’s path to the door. “Come on, Patrick, just suck it up for once. Okay?” Adam whispers.
Adam grabs Patrick’s arm and yanks him back. Something in Patrick snaps – CRACK. Patrick swings round with a
The granny squares are no match for the inferno. Patrick rushes into the kitchen as Adam calls after him, “We need to get the fuck out of here!”
Patrick recoils like he’s been struck before he tries again to shove past Adam. “Fuck you, Adam.”
36 actually,” he responds evenly.
STAY TRUE.
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But sometimes those things become our new favourite things, and we end up loving them forever.
***
WORLDWALLEDFOUR
If all I want is to be comforted, I do not have to constantly chase after it in every direction possible only to ultimately fail, because I know that it is waiting for me at home. I do not think that I will ever wake up and wish I was anywhere else but home – whatever that may mean in five, ten, or fifty years.
38
I know I can grab a slice of bread for breakfast, press down the toaster button and it won’t cause a piercing BEEP! BEEP! BEEP! alarm as smoke fills the room and the fresh scent of summer mango trees are replaced by a burning winter
I will never have to ask anyone where the glasses are, because I know they’re in the drawer to the left of the fridge.
Hours pass, the moon retreats itself behind the mountains, and my room is filled with soft morning sun. I know I’ll feel that same comforting feeling of the carpet beneath my feet, welcoming me to another day – which will be just like yesterday. In a world which is as unpredictable as much as it is thrilling, the pleasantness of the same four creamy-white walls every morning is what keeps me feeling secure.
fireplace – because it’s on my perfect setting. I’ll open the cupboard and I’ll find a jar of Bega Crunchy Peanut Butter situated in front of the subpar option of Bega Smooth Peanut Butter, and I’ll open the drawer under the kitchen counter that holds our cutlery, and I’ll spread the peanut butter over my toast.
And I will admit it’s scary to shed an old skin.
Nothing feels more perfect than going to bed at 10:30pm. Closing my eyes and falling asleep as the remainder of the deep blue tones get swept away into a monochrome sky, where millions of little bright dots fill the void.
CHLOE HAMMOND
I love knowing that I will feel full and happy, and I’ll repeat this ordinary process tomorrow – until, maybe one day, I grow tired of it.
I’ll go downstairs, see my dad sitting at the dinner table, eating breakfast, with one ear listening to the mumble of the 7am news on the TV and the other ear listening out for the mumble of my mum from the kitchen, while she’s making her cup of English Breakfast tea.
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ALLISON KRICKER
A random pedestrian hurrying along bumps shoulders with Patrick. They throw a cold glare before disappearing into the sea of bodies.
There is nothing more terribly beautiful than the snow stricken streets of New York City. Beneath a greying evening sky, and between tall buildings of steel, are big flakes of swirling snow that drift and lightly cover every street lamp, branch, shoulder and patch of pavement untouched by moving feet. Patrick Sole, a man without a home, is slumped, in wet, grey slush, against a brick wall. He does not twitch, he does not tremble. And if white begins to blanket his tattered coat, and if his frostnipped fingers begin to numb; well, he does not stir. How long he has sat there, he does not know, for he looks and feels as white as a ghost.
Patrick is so lost in melancholy that he does not notice a wet nose nudge his gloved hand. A quiet whimper draws his attention from the unceasing uproar to the black mass shifting beside him. It’s a dog, he realises, as he sees its droopy ears and dirty coat.
With an icy puff of breath, Patrick blinks slowly, blankly observing the blur of faces before him. As the evening sky blackens, the bustle of the street grows noisier and is lit vividly by street lamps, lights, cars and electronic billboards.
“Oh my… We can’t have you lost, can we? No... Not lost like me. That’s not good …not good, indeed...”
On the road are myriads of different coloured cars that slowly roll forward, releasing sharp honks of loud frustration. Those who are bold enough roll down their windows and swear at surrounding vehicles, including the yellow taxis that weave in and out of traffic, picking up rosy-cheeked pedestrians desperate to go wherever they may need. As Patrick wanders with the dog trotting along behind, he receives numerous disapproving frowns and several stolen glances. One man, who is leaning against a post, stares longer than necessary as
It is at that moment Patrick wonders: how can one be so lonely in a city with over nineteen million souls?
41
Once more, the dog whimpers, and with another nudge, tries to nestle into Patrick’s side. Lifting his arm, Patrick lets the dog snuggle in closer and plop itself down with a thump. The dog, its head now resting on its large forepaws, gazes
MELANCHOLY
“Hey, boy…” Patrick croaks. His voice feels foreign, his words rough, his tongue thick and heavy yet thawing with each movement in his mouth. “…Y’just like me, ain’t ya’?”
Giving a wry smile, Patrick says:
out into the bustling night with its almond-shaped eyes. Although the animal’s fur is caked in dirt and wet snow, it provides Patrick with a warmth so tender that it melts his frozen heart. For once, he decides to be selfish, stealing the radiating warmth with his fingertips as he gently pats the dog’s neck. That earns him a contented sigh from the animal, which then cranes its neck to lick his hand, revealing a collar that reads Buddy.
With a few cracks and creaking bones, Patrick unbends his bent body, sending flakes of snow falling from his narrow shoulders. At first the dog remains stone-still, only standing after Patrick whistles through the gaps in his gums. Together, they set off into the city’s chaos. “Hey! Watch it!”
Suddenly, he is all too aware of the shivers wracking his body, shaking him to the core and of the snow falling softly from above, coating his greying hair. Although his hope is as bleak as the snow, the presence of the animal beside him reassures him that in a city this big, there must be at least one kind soul who can help.
As such, Patrick wanders on, calling out ‘excuse me’ in the hope of gaining someone’s attention. And he does. Through his snow caked eyelashes Patrick sees a pretty woman approach him from the crowd. She totters forward in her high heels and fur coat, displaying a look of pity before saying: “Oh, you poor, poor soul!” She then rummages through her purse. “Here, take this money. That’ll do you a meal and me a good “N-no,deed.”I-Do you know…”
beneath trees with bare branches clawing at the sky. He sees others inside buildings lined with shops and warm lights, enjoying the toasty air within and hot cups of coffee. And then there is Patrick, frozen in place, watching crowds dart by heedless of him, the dog, and his suffering. The heaviness in his heart continues to grow and grow, weighing him down and filling his chest. If his heart were to collapse under the weight, an avalanche of his pain would fall and crush the entire city. But it won’t; it never will, for his melancholy is buried deep beneath his bones and the blood that he bleeds. Sensing his misery, the dog begins to whine and lick his battered boots. But Patrick can’t bring himself to go on, for his heart, like the city, has grown tired. Since the lights in surrounding shops are falling asleep - and fewer people now roam the streets, the crumpled paper in his pocket, Patrick thinks, has become as worthless as him. At this moment, Patrick’s hunger and pain feels as dull and prevalent as the perpetual snowflakes.
Once more, Patrick feels the loneliness grow heavy in his heart as he sees people, but they not him. He sees many tug their coats closer to their bodies and blow warm air into cupped gloves. He sees some speaking on their phones, walking
No, sorry. Never seen that mutt before in my life.” The man takes another puff before dropping his cigarette on the ground, crushing its little light with the heel of his boot. He then turns and leaves, not giving a chance for further interaction.
Before Patrick can get another word in, the lady shoves cash into his pocket. She then glances at the dog, scrunches up her nose and quickly leaves.
And so, moving one leg, then the other, Patrick wanders through the cold, concrvete jungle with the dog in tow. They find a park bench somewhere in Central Park far from the chaos, away from the noise. The bench sits beneath a single lamp post. It is dusted in white just like every other surface in the park. Ever so gently, Patrick brushes away the snow before lying down on his side, allowing Buddy to climb up. The pair snuggle, providing one another the only two things they can offer; warmth and company. Without twitching, without trembling, Patrick closes his eyes, welcoming an eternity of idleness.
“Oh… ok…” mutters Patrick. Disappointment fills his face and sags his shoulders.
he takes a long drag from his cigarette. He exhales, releasing a toxic cloud of white that curls up into the air. Seeing this as an opportunity, Patrick says: “…Er, excuse me! Y-yes, you, sir. You see, Buddy here’s lost and I was just’a wanderin’ if you, by any chance, know this “…Hmph.dog?”
42
43
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It took me years to learn that people do not die from the weight of the car crushing them, but by the force of the car colliding with their bodies, mangling their precious, fragile arrangement of muscles and bones.
I tugged on my mother’s sleeve. ‘I want to go for a swim,’ I whispered.
‘Later,’ she mouthed.
If you look up the word terror in the Oxford English Dictionary, the entries are filled with words like fear, bloodshed, intimidation. The entries for horror use words like repugnance and dread. Many people use these words synonymously.
*
SINK OR SWIM
CIARAN CRIEG
*
45
Gothic literature draws a line between terror and horror. Ann Radcliffe wrote about terror and horror being ‘…so far opposite that the first expands the soul, and awakens the faculties to a high degree of life; the other contracts, freezes and nearly annihilates them.’ In the Gothic, terror is a brush with the sublime. It is something stirring and unable to be measured.
There was an afternoon before I became scared of water when I was stuck in the kitchen with my mum. Her long, cool arms were wrapped around my little four-year-old body and she had the landline wedged between her ear and her shoulder. There was a lady on the phone. I was small enough that Mum still let me sit on the kitchen countertop.
When I was a child, I did not believe it was possible for me to be killed being hit by a car. Other kids? Maybe. But not me. I had a plan.
I watched as her thin, 13-year-old body sliced through the jelly water. She was seamless and mechanical, gliding from edge to edge of the pool. I wanted so badly to be down there with her.
lie down and avoid being crushed.
Drowning, however, always made sense.
The plan was this: I would simply lie down. I knew that there was a bit of empty space between the bitumen on the ground and the undercarriage of the car. It baffled me that people could die by being hit by cars when they could simply
It is a well-mythologised tale of my early childhood–a time that is blurry and only half-remembered–that my mother deliberately made me terrified of water. And for the rest of my childhood, she tried to undo this terror.
*
I looked down over the garden to where my sister was doing laps in the pool. Our pool was dark blue and choppy – a breeze was rolling off the nearby bay and slapping its surface.
their oesophagus, the inch of bathwater they could drown in. Even now, still, I often feel my throat coating itself with a slick film of horror (real horror, not terror, horror –sticky and inescapable and shaking) about the moments these things could have happened. Babysitting had been an exercise in keeping those little children alive.
*
pictures and videos have been carefully lifted from a treasured family archive.
Mum frowned and shook her head. I knew there was no helping it. There was a word I had already learnt: nonnegotiable. I knew that the pool was non-negotiable. And so we stayed there in the kitchen as the sun sunk down behind the bay. We watched my sister swim until the pads of her fingers wrinkled.
‘But I don’t want to go later.’
There is a tag on Instagram with over 167,000 posts. Most of them are pictures and videos of children. Beautiful children. Playing and singing and cuddling and learning. The thing these posts have in common is that they are all marked with
When I was fourteen, barely a step from my baby years myself, I babysat for a woman who had only ever smacked her children for one reason – if they touched the bath faucet. She knew a family who had lost their toddler from bathwater too hot.
* 46
Most#childloss.ofthe
Most of the children in the pictures and videos are now dead. Infrequently, I tap in those characters # c h i l d l o s s and visit that community of bereaved parents. I can only observe their pain from a distance, separated by an ocean I never want to cross. But I can see this much from where I stand: it is a different country there.
While looking after other people’s children, I had been endlessly attentive to the dangers I knew: the balconies my charges could topple from, the busy roads they could wander onto, the strangers at the door who could snatch them, the bookcases that could crush them, the stuffed toys that could muffle their breath, the batteries that could burn their insides, the tiny piece of Lego that could lodge itself in
I had known that hot water could turn peachy flesh red. I had known that boiling water from the kettle could blister or burn little hands. But I had never thought of this – bathwater so hot it could scald their little bodies and stop their hearts beating. Water.
*
A few months after, I watched Finding Nemo. For the first time, I realised that there was nothing more petrifying than deep, dark water. I was rattled by the vastness of the ocean. I was terrified that I could be lost to it. It reminded me of what it is really like to be in water: that feeling of stretching your feet down in the pool and finding no purchase, or when you go to step and there is nothing there. Panic.
But it had already happened. While other kids enrolled in Nippers, I had started going to orchestra on Saturday mornings instead. I didn’t like the way the Nippers kids would talk about what to do if you got stuck in a rip. I knew there was something about parallel or perpendicular but my maths skills were just as good as my swimming at that point. I didn’t like my chances either way.
*
I lost count of the number of swimming classes I was sent to as a child. By the time I was twelve, my mum had exposed me to enough structured swim lessons in community pools that she had undone my fear of the water. I could not even remember being scared.
Last Christmas, my dad booked a holiday apartment overlooking the ocean. I am still not a swimmer. But my godfather had bought a new parasol to prop up on the beach, so I packed a big stack of books to take with me and imagined how it would feel to have a soft, salty breeze brushing my cheek as I read and dug my heels into the warm sand.
The sea outside the apartment window was glistening and glittering and so, so beautiful. But on the news the day we arrived, they said someone was floating around in that glistening, glittering, beautiful sea. Dead. And there it was again: the vastness of the ocean, the step that is not there.
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We watched the news every night while I was in primary school. Every bulletin, every channel. It often made me cry but I never looked away from photos that would flash up on the screen of other kids my age who had died. They were featured in the bulletins most nights: the horror crashes, the freak accidents, the tragic murders, the backyard drownings.
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I became sure that those children knew something I didn’t know. I felt as if they had passed into a realm I couldn’t imagine. A child. Whose eyes had only been open for the briefest of moments, who only had energy zapping through their little body for a millisecond in the scheme of the universe.
In its place was my confidence that I was a bad swimmer. At school swimming lessons, other kids were placed in swim squads with names like The Dolphins or The Sharks. I was always, always in The Seals.
Of learning to swim, I remember the gulping and snorting, my floundering limbs, and the struggle of keeping my head, suddenly so heavy, above water. I remember the heaving, the plastic cap pulling on my hair and the way those one-piece swimsuits would stick to my body. I remember the chlorine in my eyes, and the big clock that always seemed to be moving that I could never make sense of.
I never moved up from The Seals. My mum’s anxiety to make me a better swimmer intensified as I grew closer and closer to high school. She had been through that same merry-goround before. At enrolment, she was going to be asked to fill out a form. On that form, a question: can your daughter confidently swim 50 metres? She wanted to be able to tick yes. I think she didn’t want me to feel different to the other girls.
We have a flat organisational structure, with advancement based on merit.
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Though I’ll slide back down from time to time, it doesn’t mean I can’t climb taller with every ladder that I will find, while the snakes take me the former. Each square that I move between will never again be called, “Square One’, But I’ve come to respect the fact that they don’t have to always move in order, Because that’s all that can be done.
HARRY JANS
The smell of paper on the breath of my eyes, skimming words like a stone on water, and when it sinks my eyes hold tightly, then they recall they have no lungs. In fact, they more closely resemble an auger. And so, I release, I realise; come from a sprint, down to a saunter. Remember, blinks are just as likely To expose the rungs betwixt the comments of every Althoughauthor. I may scale them many times, I know I’m not discovering, just an explorer. I want my stone not used contritely, so, I harmonise what’s already sung, and I set my stone in place with mortar. Then, I slither back down the scales, and I re-scale the tillering text, I make like an amnesiac, hope that my soupy brain never forgets. I blink my eyes and wake my mind. Defrost, reheat my state of torpor.
ANDSNAKESLADDERS
SATHYANI KOTAKADENIYA
Travelling to the Land Down Under Taking the land and dismissing its people, Calling it “Terra Nullius.” Are these the deeds of the Noble people? I think not.
You’ve traversed the world And seen its many lands. Yet, I sometimes wonder if you learnt anything at all Voyaging across the seven seas.
How would you feel if something you owned was stolen from you? What if you were told that you could not claim what you own? What if you were powerless against the lawmakers? And the truth takes too long to unravel?
The wounds of these people remain. So much still needs to change. But instead of turning a blind eye to the past And chanting words of acknowledgement just for its sake. Why not choose empathy, understanding and knowledge?
Till the Mabo decision came into being, Challenging the existing norms of this nation. And the Native Title Act was passed. Was justice rightfully distributed? I ask again, was justice rightfully distributed?
TERRA NULLIUS (LAND BELONGING TO NO ONE)
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