ISSUE 4, 2016
issue four twenty sixteen. Thank you to our wonderful sponsors, Corrs Chambers Westgarth, King & Wood Mallesons, Minter Ellison, QUT PLT and Thomson Geer Lawyers for supporting the QUT Law Society and allowing us to produce this quarterly publication. Particular acknowledgment goes to the publications group, Helen Driscoll, Kate Droney, Emily Ryan and Nina VVos. On behalf of the 2016 Media & Communications team, we hope you can continue enjoying the Torts Illustrated magazine for the final half of this year, and many issues to come.
Contents Editor’s Welcome .......................................1 From your President .......................................3 What has the Executive been up to? .......................................4 2016 - A Year in Review .......................................11 Profile: US Supreme Court Justice Sandra Day O'Connor .......................................14 10 Reasons to visit GOMA this Summer .......................................19 Burn baby, Burn .......................................21 An Insight into Mooting .......................................23 Witty or in Bad Taste? .......................................27 Why I Put Law School On Hold .......................................29 Introducing Your 2017 Executives & Committee .......................................32 Contact Us .......................................33 Connect with us on... .......................................34
From the Editor Claudia Choi
VP of Media & Communications QUTLS 2016 On behalf of the entire Media & Communications team, welcome to the fourth issue of Torts Illustrated for 2016. I would like to thank my Media & Communications team for all their hard work this semester. Despite the stressfulness of university studies and other commitments, they still completed their duties to the best of their abilities. Thank you to Kate Droney, Helen Driscoll, Emily Ryan, Nina Wos, Laura Falkner and Erin Laird… you have all been fabulous!!! This issue of Torts Illustrated will include articles written by our talented publications officers as well as submissions from various QUT Law students. From articles reviewing the year and a guide to mooting, to reasons why you should be visiting GOMA this summer, you will be thoroughly enthralled. To all QUT law students… CONGRATULATIONS! We’ve made it! Some may say the year has gone by very quickly, and in some ways that’s true. But I hope I’m not alone when I say this, but it also feels like the year has gone by extremely slowly… It’s time to say goodbye to long nights in the Lawbry, excessive amounts of caffeine and a ridiculous amount of really delicious but unhealthy food. And say hello to long sleep-ins, relaxing and watching hours of Netflix without guilt.
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So to everyone going away for a holiday, whether that be in Australia or overseas, you deserve it! To those doing summer semester, well… good luck to you guys. I’ll be laughing admiring you from afar. Lastly, I wish you all a Merry Christmas and a Happy New Year. And sorry to burst your bubble but in a few months’ time, most of us will be back at uni for another year of hell fun. BYE!!! xx Claudia Choi
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From your President Harriette Watson QUTLS President 2016
Congratulations to everyone for making it through the year and (almost) to the other side. 2016 may have been a year of global events that left you scratching your head and wondering how you could be so wrong about your fellow global citizens, but fear not; let the Lawbry be your safety blanket. Here in C Block everyone generally seems to get along and nothing too crazy happens except a furniture update every half a decade. For those sipping mojitos on a faraway beach this summer, enjoy it, I’m sure you’ve earned it. And for those poor suckers stuck at uni doing summer semester over the Christmas break, stay strong comrades, I will spare a thought for you as I sip mojitos on a faraway beach. This year has been absolutely massive for the QUTLS and it is such a credit to all who helped out along the way. As a volunteer organisation we wouldn’t be able to function without our wonderful helpers. So whether you were a committee member, a volunteer selling L Cards, acting as bailiff or timekeeper at one of our many internal competitions, or you were one of the 100s who came along to make the Law Ball, Law Dinner, or #letsgetreckt so much fun, thank you so much for your support. We have a fantastic team lined up for 2017 that I have no doubt will take the QUTLS to bigger and better things in the New Year. It is nice to see a good mixture of old and new faces amongst the committee, I am sure the new people will bring fresh ideas and new perspectives. 3
Anyone who has had the misfortune of hanging around me in my past 3 years of QUTLS will have heard me harp on about the importance of getting involved in extracurricular, and I will take one final opportunity to do so. You would have to have been living under a rock to not have heard the saying ‘law is who you know not what you know’. The bad news is that this is absolutely true; the good news is that you will have every opportunity at QUT to expand your professional connections and use this adage to your advantage. If, like me, you started out studying law with absolutely 0 professional connections, I can assure you that if you show up at enough events, and put your hand up enough times you will be amazed at the people you will meet and their willingness to help you. My term has (finally) come to an end, however as I still have 2 years left of study I will be around for a while. If anyone ever has any questions of me at all, or just wants a chat about their study, work, or uni generally, please don’t hesitate to contact me on my new email address: ipp@qutlawsociety.com or just come up and say hi (don’t let my resting bitch face scare you away). Thanks team, Harriette.
What has the Executive been up to? As the year of 2016 comes to a close, we thought to let you in on what your Law Society executives has been up to...
Stuart Williamson QUTLS Vice President 2016
With exams completed and another year done, I can’t help but reflect on the year that was. 2016 has been another year of hard work and sacrifice. From social events to education, QUTLS have worked incredibly hard to provide a service that all law students should be proud of. We hope you have attended, participated and enjoyed these services. I want to take this opportunity to thank all of QUTLS officers who have made 2016 a success. To the events, competitions, mooting, education, communications, and sport and health officers, thank you for your hard work and dedication. Without you none of this would have been possible. As 2016 comes to an end, I wish all students the very best with the remainder of their study. On behalf of QUTLS and myself, I hope you enjoy a well-earned break. To Harry Bell and Alastair Page, I wish you good luck for 2017. I know you guys will continue the traditions of QUTLS. Lastly, to Harriette Watson, thank you for all your hard work this year. Without your guidance, much of this years success would not have been possible. Merry Christmas and remember to stay safe.
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events and organising support services for students in the Law School. While we strive to offer as much as we can to the best quality we can, we would not be successful without the participation from everyone in the Law School and wider legal community of which we are very grateful for. On that note, happy holidays all. Enjoy your Christmas and see you in the New Year!
Sarah Nguyen QUTLS Secretary 2016
This year has seen a complete change of scenery for the Law Society with females making up 90% of the Executive. As we head into 2017 this figure will revert to a 50/50 ratio, evening out the planning field. As I continue my role as company secretary into 2017, I have taken on advice, suggestions and the like into the new year as well. I plan for 2017 to be the last year of my involvement with the Law Society, with graduation on the horizon. With it has come incredible opportunities, remarkable friendships and insurmountable personal growth. If you knew who I was in first year, you'll know exactly what I mean. While it is still early, I really do encourage all those who have considered, and especially those who haven't, applying for a position with the Law Society either as a volunteer from time to time or a full time position on the committee. Regardless, you'll be in for a rewarding time. If becoming part of it isn't your cup of tea (or coffee in the case of law students), participating in all the events, competitions and seminars offered will mean you make the most of the opportunities that come alongside studying in such a well-regarded degree. Any ambitious person's mantra is a derivative of, "you've got to be in it to win it" and is especially applicable in the legal field if you look at how competitive everything the industry already is. At the end of the day, we're a bunch of incredibly passionate student volunteers facilitating competitions, running networking and social 5
Radhia Aku
QUTLS Treasurer 2016 We’ve come to the end of yet another amazing year! To all those who are graduating, I wish you the very best for your future endeavors. To all those who are continuing on your journey, soldier on. I believe in you! As I come to the end of my term as Treasurer I would like to thank the members and volunteers of the QUT Law Society for providing me with ongoing support and help whenever I needed it. I had loved every bit of my term and I’d met so many wonderful and great people! And thank you to all of you who attended and competed in our events, we definitely would not have been able to have such a successful year if it were not for all you wonderful students! Over the past year I managed not only to fulfil my role in maintaining responsible management of the QUT Law Society’s financial records but to reduce taxes (through the mutuality principle), with a view to increasing our disposable income. What this ultimately meant was bigger and better things for the 2016 QUOTALS team! Congratulations to the newly elected Treasurer for 2017! I know that this experience will help you learn, grown and constantly challenge yourself!
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Ethan Hyde
QUTLS Director of Mooting 2016
I have thoroughly enjoyed my time as Director of the QUTLS Moot Club, and I have every confidence that my successor, Patrick Johnson, will continue to provide excellent support to aspiring mooters. Best of luck to you all, Ethan Hyde
Bianca Parmar
QUTLS Vice President for Education 2016
This year has been an exciting one for the QUTLS Moot Club. From helping students to improve their mooting skills to running the QUT High School Moot, the Moot Club has expanded its portfolio in order to improve the tools available to aspiring mooters. The initiatives we developed will be expanded upon next year in order to increase the level of support available to QUT students. First semester was filled with workshops designed to introduce students to the basics of mooting, covering such topics as how to give appearances, how to cite cases, and how to not look like Dennis Denuto. In addition to those workshops, the Moot Club provided coaching to QUT’s team in the inaugural UQ/QUT Grudge Moot. Our team prevailed in a hotly contested moot at the Supreme Court of Queensland. The highlight of second semester was the High School Moot, which is an annual competition involving schools from all over Brisbane. By providing the teams with student coaches, the QUTLS Moot Club assisted the teams in their preparation for the competition. The competition itself was a great success with Brisbane State High School prevailing over Brisbane Boys’ Grammar in a close final. The success of the competition is a credit to my Moot Club Officer Alastair Page, who worked tirelessly to organise every aspect of the competition. 7
University for 2016 has come to an end! It only feels like yesterday I was writing my first executive summary for the Education Portfolio, not knowing what to say or what lay ahead. So much has happened, and whilst it has been hectic, crazy and pretty much a roller coaster throughout the year, I wouldn’t take any of it back. I have met and worked with so many great people, and I am honoured to have had this opportunity. The Education Portfolio aims to support and assist students in their studies, and we are always happy to hear what you have to say in ensuring this happens. Our events throughout this year focused on furthering your education, careers and understanding Indigenous issues within Law. I know 2017 will be another challenging, exhausting yet fulfilling year for many of you – and we are always here to help you get through it. For now though, put those textbooks away, archive/burn your 1000 pages of study notes, get some much-needed sleep, travel, and take the time to relax and enjoy the summer. See you around in 2017!
Shona Fitzgerald QUTLS Vice President of Competitions 2016
In my final article for Torts Illustrated, I won’t bore you with any more competition winners. I have now finished by LLB and I thought I’d share some things I’ve learnt competing in and running competitions that you can all use both now and in the workplace: 1. Build a support network - When I was competing I relied on my team mates and besties for support. When I moved on to running competitions, I began to rely on my officers and fellow law society members. Identify your support network and use it. No one can do it alone! 2. Don’t buy into university rivalry - It’s pretty obvious that QUT is the best university so it’s just not necessary to get involved in ugly rivalries. Also, there are some pretty rad people floating around at other universities. My counterparts at UQ (Emily McClelland) and Griffith Nathan (James Vercoe) have been a great support during the year whether it’s been to sound ideas or beg for student judges. 3. Use the learning environment – Listen to your peers and teachers and better yourself both academically and as a person. Iron out the kinks now so that you can be the best person/future lawyer that
you can be when you enter the workforce. 4. Own your mistakes – This is something I learnt before university, however I have been reminded over and over. We are all human and part of being human is making mistakes. Own your stuff ups and be involved in the resolution. You will feel better about making the mistake and people will respect you for owning it. 5. Build your network – Read the QUT Law Society and QUT Law Faculty updates thoroughly and go to every event you can. This is for two primary reasons: the first being that ticket prices usually involve alcohol and food making these events a cheap night out. The second being that you can begin building your networks and sussing out what will work for you. I have been approached about unadvertised opportunities so many times from people I have met at networking events. As I bid you all farewell, thank you to our sponsors, volunteers and competitors. You are in great hands next year. I encourage you all to get involved and learn your own lessons from competitions run by the QUT Law Society.
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Liz Singleton
QUTLS Vice President of Sport and Health 2016
Claudia Choi
QUTLS Vice President of Events 2016
Hi Guys! As I sit here and write this in the aftermath of results release, I find solace in the fact that we have had great success in sport since our last update. The rugby grudge match was held at the end of October at Brothers Rugby Club, and QUT came out against UQ in full force. Whilst we didn’t win this time, we put in a valiant effort for the ages and I have full faith that next year will be the end of our eight year winning drought. The event boasted a hefty bar tab and some delicious sizzling snags, Hey friends! and was a great chance for us to mingle with our friends across the river. WE’VE MADE IT! Another year has gone by and we have survived! This is my last sports update for the year, and I want to extend my sincere thanks to all of you who came out to support and play this year. You are the 2016 has been a rollercoaster of events. This year the events team put together L Card launches, reason we put these events on and I encourage, Law Ball, Meet the Profession, Pub Crawl, Law whole-heartedly, those of you who didn’t get a chance to participate next year. Sports is a fun and Dinner, #letsgetrekt3 and #letsgetrekt4. We also light-hearted way to get involved in law school and sold various items of merchandise, ranging from t-shirts, canvas bags and hoodies (#bedburrito)! relieve some of that C-Block induced panic. Unfortunately, this year we cancelled our UQLS x QUTLS x GULS Battle of the Bands event Next semester I hand the sport portfolio into the – boo! I hope the event will still continue to run capable hands of Alexandria, who has big plans for you guys and will be great. For now, I’m outie, in 2017 because I want to see all you law students rock it out. and I’ll see those of you who are also outie at graduation!! Thank-you all for a fabulous semester As a society run by students for students, I’m of participation and good sportsmanship. proud to say that we have made our events and merchandise more affordable for students this I wish you all the best for the rest of your studies year, making minimal profit on our end to and the future. ensure students aren’t breaking the bank to have a great uni life. Xoxo Liz I would like to thank my events team for all their hard work, dedication and support. Nick Arndt, Harry Bell, Yehanka Ranasinghe and Sarah Nguyen… I love you all so much! Without these guys, all those event mentioned above would not have been possible. So goodbye to you all, my reign as VP of Events is over and I leave you in the capable hands of Nick (my protégée). 9
xx Claudia
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9/02/2015 10:49:54 AM
2016 A Year In Review Another year, almost gone! My greatest of golly goodness, how it’s flown by. It’s that time again - to review the various trends slash key events slash dramas slash phases of obsession occurring over the past twelve months. As I sit back to contemplate the many happenings, there’s definitely quite a bit of content to dissect.
Helen Driscoll
QUTLS Publications Officer 2016 Save for your home deposit and not avocado on toast #DIY In October much of a flap was made about millennials and their apparent frivolous spending on brunch of avocado and toast, as opposed to saving for their home deposits and doing a DIY. Such flap originated from a comment and light hearted dig made in an article by Bernard Salt, KPMG Partner and Columnist in the Australia. Nek minnit the interweb goes wild with finger pointing and indignant responses from the recipients of such finger pointing. The interweb then explodes with the café society announcing discounted smashed avo in a bid to assist Generation X with their residential endeavours AND maintain their instagram feed. Bless you interweb, you do some good crazy things too. Brunch culture is v important, and saving for a house means giving up A LOT of smashed avo. 11
Plus the argument has weak wings, young people are saving more than baby boomers according the ABS, it’s affordability that’s le problem. Until then, I’ll keep saving, but have my avocado on toast and eat it too. Doughnut Time invasion gets worse The fact there are now four sugar loaded, diabetes inducing, food coma certainty, and deliciously disgusting locations where one can purchase doughnuts matching the above description in the CBD, is grossly horrendous and plain negligent. The worst offender being the far too bright and gruelling temptation at the top of the stairs in King George Square bus station. Every morning, hundreds of commuters make the conscious decision to walk up those significantly quad burning, lactic acid producing stairs to clock up on their fitbit. Only to reach the top and to see THAT monstrosity. With such a strategic position, many cave, and grab
The alleged second greatest robbery on national television ever The show to validate female worth and fight and scratch in the most subtle not so subtle matter over an obscenely good looking but “I’m just a dude looking for love” was back on our screens again. YES! For those of us invested in this #Trumpt ludicrous but oh so addictive display of Australia had a hung parliament, again. polygamy, you pretty much were either Europe is up the creek without a paddle. Team Nikki, or Team Nikki. Or an oddball But America has a trump card. The like me who picked Alex from the start presidential debates despite her clear would-jump-fromwere almost as good moving-bus-just-to-catch-aas the Bachelor, lock-of-Richie-gelled-hair kind of almost. I’m not going demeanour. The interweb went to pretend I adept to into insane meltdown as Richie US politics. However broke Nikki’s heart on national between Donald television as I live snapchatted stalking around the #drama. The internet draw Hilary in an attempt synonymously with the 2003 to somehow robbery of Shannon Noll to Guy intimidate this Sebastion, common denominator woman who’s Osher/Andy G. Fantastic crispy red suit is clearly memes. Interweb disintegrated has coloured with the social media went cray from probs blood of the men who underestimated way to invested people. Legitimate her AND personal attacks from all sides, opinions of “Australia’s most hated man” wowza, it’s pretty much Home and Away and “I hope Alex dies and rots in a hole but with no Summer Bay or good looking with Nikki standing glorious over her” are surfer guys to make it aesthetic. tame examples. Pls Internet. You can’t just MAKE Richie love Alex. LOVE is a You couldn’t have two individuals more battlefield. Jeez. Nikki is carnage. polar-opposite. The epitome of everything Edit: The Bachelorette was more the female species have fought against gutwrenching, I thought Matty was going in one old rich white (debatably orange) to empty the contents of his stomach right guy, versus feminist and powerful pocket there. rocket who’s heart is apparently frozen and locked in an icebox somewhere. NASA destroyed our self-identity So it turns out everything we thought, What an incredulous calamity. If this believed and understood about ourselves wasn’t real, it would be defs be #rofl is WRONG. The most horrendous of space worthy [multiple cry laugh emojis]. Edit: and astrological discoveries was made – Due to recent events ie the actual election, that is, another planet in our solar system. it appears Hilary was #trumpt. How bout Cool!!!! Some might say. WRONG. those Biden memes. a Nutella bomb on the way. What a waste. My heart aches. Topshop, Albert Street, Alfred street, Grey street, and constantly popping up in suburbia land, it is clear the whilst such access is may fill ones heart with bliss, the same cannot be said for ones arteries.
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This has messed up the status quo big time, bc this creates a NEW star sign which then means OUR star signs are not even OUR star signs. Can’t even. So basically if you’ve been a Gemini and examined your daily horoscope carefully everyday with “omg that’s so true!” for twenty-one years like I have, and now find out you’re apparently a Taurus, this causes major internal self-identity issues. Quite happy for this discovery to go back and not happen pls. All my Gemini orientated purchases and expressly Gemini goods will not be rendered void thanks. I refuse to be a Taurus. FYI the new sign is Ophiuchus.
Moral of the story though, if you like it then kewl, but I’d rather spend excess of $100 and up on sushi. Instagram ripped off Snapchat Insta was clearly getting a bit jealous of Snapchat’s increasing reach and hacked Apple’s iPhone app usage data to find Snapchat with a significant percentage ahead. Insta moguls must have sat down and racked their brains in a dark room highlighted by Valencia and a touch of Contrast and wondered in despair: “What can we DO to make ourselves BETTER and COOLER than Snapchat?”
The best and most original idea turned The Kylie Lip Kit out to be Instagram stories. So twas Apparently the ‘in’ thing this year is to irritating and #scandalous when these have ginormous fish lips bordering on bubbles appeared above my usual stream the colour purple. This is on accord of of food and active wear. All these extra the instagram of one #famuss Kardashian things to go through in the morning Kylie Jenner, who’s flawless Lo-Fi enhanced social media scan – as if we are not busy pouting selfie has sent 14-18 yo gals into enough! Insta has since succeeded, myself frenzy. is now a fan of the story and regular user, shame. The ability to send my white girl Watching my younger sister waiting to acai bowl to my snapchat contacts and to snag a ‘lipkit’ via an Ebay war and invest hundreds on instagram is just too much, her hard earned funds into something a can’t resist. Facebook’s messenger story Mac, Napoleon or even Maybelline could so far is a fail, TF Facebook, TF. do probably do competently caused me great pain. Then again, having never sampled the product apart from noting it smells exactly like a melting Lip Smacker Sparkler in Vanilla (if you’re a millennial, you weren’t cool in primary school if you didn’t have a set of these), there is room for a change of opinion.
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Profile: US Supreme Court Justice Sandra Day O’Connor "When I was first looking for work, they just weren’t hiring women, period. Today as a woman with talent and interest and energy, you ought to be optimistic". — Justice Sandra Day O’Connor, 2013
Helen Driscoll
QUTLS Publications Officer 2016 There are many prominent female figures throughout history who banged on doors until they opened, went down every single rabbit hole and scaled every tree on the way to success. One of these figures is the former US Supreme Court Justice Sandra Day O’Connor who served from 1981 until 2006. Her road to the bench was certainly not an easy one. Born in a time where frowns fell women in the workforce and not in the kitchen, let alone those pursuing the legal profession. Sandra’s disadvantage was not due to poverty or poor familial circumstances. She grew up loved and looked after. She simply was a girl wanting to be a lawyer in a world that said she couldn’t. Sandra was born in Texas on August 26 1930 to parents Harry and Ida Mae Day who owned a cattle ranch in Arizona called the Lazy B. She grew up branding
cattle, engaging in all things practical, and learning when things were broken, you fixed it. As a result, she was instilled with qualities and the belief hard work will get you anywhere. Mr and Mrs Day wanted their daughter to have every opportunity, including an education. Consequently she was sent away back to Texas to attend school due to the isolation of their living arrangements. She attended Radford School for Girls, and then Austin High, graduating early at age 16. In 1946, Sandra competed fiercely to get into law school despite dim and unlikely prospects on account of her gender. Women, it was understood, could not handle what it took to be a lawyer. Somehow, and against the odds, Sandra was accepted into Stanford University and graduated with degrees in both an economics and law. Whilst at Stanford she sat on the Board of editors for Stanford Law Review. Sandra was an attractive, 14
intelligent and ambitious young woman. Notwithstanding graduating third in her class, jobs were few and far between, again because of her gender. Apparently she was “too nicer girl” to be employed in such a profession.
The next step was back to the United States, this time to Phoenix. Once again, doors point blank refused to open. Sandra was still attractive, intelligent, reasonably youthful and female, but this time a little less naïve.
Eventually, to get her foot in the door, she was successful in swaying particular law firm to employ her. They offered her an unpaid job as as a legal secretary. To a person, who was not a woman, with Sandra’s qualifications and credentials this position was grossly beneath their capabilities. Simply put, this position was not one appropriate for a high achieving law graduate. Sandra however became indispensible, and gained herself the experience she needed to assert the foundations for the next step.
Sandra joined forces with another and opened her own suburban firm in Maryvale. In between running her practice, she raised three sons and began to participate in political movements. Fuelled with the desire to raise the standards of her community, she took up an active role in the local republican politics.
In 1952 she vigorously (but metaphorically of course) and repeatedly banged on the door San Mateo California Attorney’s office. Her persistence again paid off, and she was offered the position as the deputy county. Securing her first job. This was the platform from which her career really began. In the midst of this she married a Mr Jack O’Connor, who was one class behind her at Stanford University. In 1960, they couple moved to Germany. Jack served as an attorney in the Army while completing his studies, and Sandra worked as a civilian attorney in contracts in the meantime. 15
Sandra’s reputation grew. In 1965 she was employed as full time assistant to chief law officer of the State in Arizona. In 1969, the very position she was assistant to, became vacant. This was Sandra’s chance to move into state politics with real and tangible means of taking action. It was controversial, but Sandra was indisputably the best replacement and was appointed as such Governor Jack Williams. Her foothold was solidified by winning the election the following year, and easily again in 1972. Times weren’t as they were, and Sandra Day O’Connor had created herself a name with the ability to match. In 1972 Sandra was selected as Republican majority leader in the state senate - the first time any woman in the United States had held this position. However she took a slightly different turn in 1974 by running for county judge
in Maicopa County Superior Court. She was successful and developed a standing of being firm, but just. Five years later, she was selected to serve on the Arizona Court of Appeals. Through out her time in the court, she remained an active voice in Republican politics. Support from female voters during Ronald Reagan’s presidential campaign at the time was significantly lack luster. To boost numbers, in the last month of his campaign Reagan promised to elect a woman to the Supreme Court. He was elected in 1981 and nominated Sandra Day O’Connor - the first female supreme justice in the 191-year history of the court. Conservative politicians and conservative Christian groups objected to her appointment on grounds that Sandra was a woman, she would not oppose abortion. Sandra was supposed to be a conservative judge because of her time as a Republican. They were proved wrong for Sandra in fact voted for and as well as against it in legislature. In 1992 she ruled to keep abortion legal for women in Planned ParentHood v Casey1 in which the key issue was privacy. She held abortion was a woman’s private decision. In Roe v Wade,2 she opposed the Republican calls to reverse the decision allowing women to terminate in the earlier months and focused on the letter of the law and not bellowing politicians. “Yes, I will bring the understanding of a woman to the Court, but I doubt that alone will affect my decisions.” Sandra Day O’Connor.
In 1988 was diagnosed with Breast Cancer and underwent a double mastectomy. In order to continue her duties on the bench, she scheduled chemotherapy to take place on Fridays to allow the weekend to recover. She never missed a day in court. Sandra was not a member of the Women’s movement supporting abortion; instead she founded the Arizona Women Lawyers Association and the National Association of Women Judges. She used these organisations as vessels to make significant progress in abolishing discrimination against women under the State’s bar rules. As a Justice, she tended to position herself with the opponents of abortion in accordance with the law. However, also as a Justice she was against unequal treatment on the basis of gender. In Mississippi University for Women v Hogan,3 Sandra ruled it was unconstitutional for a state nursing school to refuse men admission, demonstrating her views of equality were not limited to just women. If a Supreme Court Justice is to make a particularly important decision contrary to the views of the State, it may end up as a bone of contention with the relevant president and their administration. Sandra often made decisions making presidential candidates despair – they could not depend on her to vote a certain way. By 1990 Sandra was a well-established and influential public figure, and her unpredictability caused sides to go to great lengths to win her support.
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“Commitment to the rule of law provides a basic assurance that people can know what to expect whether what they do is popular or unpopular at the time.” — Sandra Day O’Connor Through out the decade that was the 90s, Sandra was instrumental in multiple Supreme Court freedom rulings, including defining freedom of speech, ruling on censorship, freedom of religion, and harassment based on gender. It is notable in Adarand v Pena,4 Sandra was the deciding vote against affirmative action regarding gender discrimination, again illustrating her unpredictable tendencies and exclusion of personal views. One of the most significant decisions made during her time at the bench was in relation to the presidential election in 2000. The election ended with the closest results in American history. The results were so close there were calls and significant pressure for a vote recount. Sandra was on the bench that stepped in and ruled against it. The ruling decided the election, and George W Bush became President. Justice Sandra Day O’Connor retired from the Supreme Court in 2006 after 24 years of service. Jack O’Connor has been suffering silently away from the public eye with Alzhiemers. By 2003, it was advancing quickly. Sandra had to wrestle with balancing her devotion to 17
her husband of 55 years and struggling to save his fading mind, with her commitment to her job and duty to her country. As Jack declined further, Sandra began taking him with her to her office at the Supreme Court. They ate lunch together packed from home at her meeting table. This became more difficult as Jack began to wander around corridors, and Sandra had to make the gut wrenching choice of resigning from Court to look after him full-time or place him in special care. Sandra resigned from Court, but by 2006 she reluctantly placed her husband in a special care home. Jack’s memory and any recognition of Sandra and his children was entirely gone. Without any recollections of a past, Jack fell in love with another resident in the home identified as Kay. Sandra gave them her blessing. Her greatest concern was Jack’s happiness. She found comfort in visiting a delighted and exuberant Jack holding hands with Kay, as opposed to his previous distress and confusion. In 2009, President Obama awarded her the Presidential Medal of Freedom. Sandra Day O’Connor believed she had “an obligation to find the liberty of all, and not to mandate our own personal beliefs”. Although her decisions have not always been popular, Sandra is considered to be a powerful role model for women. Planned Parenthood v Casey 505 US 833 (1992). Roe v Wade 410 US 113 (1973). 3 Mississippi University for Women v Hogan 458 US 718 (1982). 4 Adarand Constructors, Inc v Pena 515 US 200 (1995). 1
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10 reasons to visit goma this summer “A place where people come together to be inspired and imaginations spark. A place where ideas meet.”
Emily Ryan
QUTLS Publications Officer 2016 From 3 December, Brisbane’s Gallery of Modern Art will officially kick off their tenth birthday celebrations. A hub of culture, life and passion, GOMA is truly a Brisbane institution that deserves, at the very least, an annual visit. So, in order to motivate law students who have been immersed in the recent stress of exams to get out and see something beautiful and inspiring, here are ten reasons to get there as soon as possible. ONE — On opening weekend, there are a range of free events that will undoubtedly be spectacular, including a free screening of Brad Pitt’s moving film ‘The Tree of Life’, an architecture walking tour around the gallery and the first ever performance of Nick Cave’s incredible work ‘HEAR BRISBANE 2016’ which involves a group of brightly coloured sculptural horse costumes being brought to life by dancers. TWO — There is a full program of ‘Artists in Conversation’ where key artists exhibiting over the summer discuss their work and offer insights into the development of their projects in collaboration with GOMA. Sitting in a room and soaking up the creative juices that these people have in abundance is good for even the most hardened law devotee. THREE — The major exhibition that will be on over the summer is called ‘Sugar 19
Spin: You, Me, Art and Everything’. If the sweetness of the title isn’t enough, some of the major works are classics from GOMA’s incredible collection, such as a multi-coloured landscape of synthetic hair and an epic left/right slide that you are allowed to actually slide on - aka touching allowed (!). These works are the ‘crowd pleasers’ from the collection for a reason. FOUR — Partaking in cultural activities is good for the soul and, for the social media enthusiasts among us (the majority of our techno society) it presents an almost incomprehensible range of mindblowing photo ops for Instagram. The colour, the culture - you know you want it. FIVE — One of the major works is an installation that is literally comprised of a room full of live finches that fly around and land on piano strings. If you’re doing a summer semester and are seeking a place to relax and get assignment ideas flowing, or you’re just seeking a place to
chill and be with your thoughts, I can’t recommend this highly enough. SIX — Ending up at the gallery generally results in a wander over to South Bank, which inevitably means that you partake in the range of delicacies that are available; the amount of hip little cafes and restaurants that are always popping up means that each visit is different. Plus, walking over counts as exercise to counter-balance and you get to wander through the whale mall, which we all know is not just for kids. SEVEN — Speaking of not just for kids, one of the major works is Olafur Eliasson’s interactive installation of thousands of white Lego pieces. If you’re feeling creative or need to zone out, spend some time contributing to an ever-shifting masterpiece! Everyone is invited (and encouraged) to become an artist, although it’s doubtful whether anybody ever needed an excuse to spend some time building Lego.
EIGHT — If you aren’t into the deep and meaningful art-speak that appears on the didactic panels, there is generally an explanation provided for kids that, honestly, provides a really insightful look into what an artist is trying to convey. Art is for everyone, so nobody should ever feel intimidated by looking at and engaging with it. GOMA is fantastic for bridging the gap and making sure that art is always accessible. NINE — As of 2010, GOMA became the eighteenth most-visited gallery in the world and the most-visited gallery in Australia. That is a phenomenal achievement for little old Brisbane, coming up against what are described as the more ‘cultural’ cities of Australia… The fact that Brisbane is lucky enough to have such an iconic institution in our midst is something that we should be grateful for! TEN — It’s free & it’s air-conditioned. If this doesn’t sell you on the gallery in what is already proving to be a scorching Brisbane summer, I don’t know what will.
Check out the program and read more about GOMA, the exhibiting artists and key works here: https://www.qagoma.qld.gov.au/whats-on/exhibitions/sugar-spin 20
Burn baby, burn Rianna Shoemaker explains why Christmas is not the most wonderful time of the year
Rianna Shoemaker
QUT Law/Fine Arts Student The end of November is nigh upon us and we are rapidly drawing closer to everyone’s favourite celebration: Christmas. As soon as it hits December 1st, people begin parading the streets in various fuzzy costumes while belting carols at the top of their lungs with a piece of fruit cake clutched in their sweaty palm. Then there’s the mandatory festive decorations that are being put up earlier and earlier every year. (I’m almost certain I saw a dancing elf in January). But these are all symptoms, my friends. The root of the problem is this: Christmas in summer is simply not fun or festive. Kindly allow me to explain. I understand there are many of you who will attend exuberant Xmas-themed parties. You might dress up as a reindeer/Santa Claus/elf/candy cane and you will 21
consume many litres of egg nog. It will, undoubtedly, be a great night that you are likely to remember for a long time … or, at least until the egg nog wears off. But there is a group of people who, like me, are dreading the upcoming Christmas season. For us, we know that this so-called joyful holiday involves great quantities of sunblock, heartache and hastilymade excuses as to why we can’t attend your Great Noel. Who are we? The lucky few born with pale skin and pale hair in a state where the UV index is almost always above 80% by eight in the morning. Don’t get me wrong, I love Christmas. The garlands, the gift-giving, the scent of gingerbread in the local market … it is truly wonderful. The sense of magic in the air is palpable. There is nothing I would love more than to experience this season for myself but, most unfortunately, I am trapped inside with
more fans than friends while I bingewatch Gilmore Girls on Netflix. This is the reality for the many of us who are genetically privileged. I cherish the thought of a spontaneous road-trip with my girlfriends to the Sunshine Coast. However, I am usually more concerned with the degree of sunshine leaking through the crack in my blinds at home. When my friends describe the beautiful golden-brown tan they got at the beach, I smile and nod and recall how many rashies I piled on before going to the local pool. I gaze longingly at the Instagram images of people wearing nothing but bikinis or going on luxurious cruises to sunny holiday destinations. It would be nice to tan, I imagine from my darkened bedroom. But alas, my pasty complexion is capable of nothing but turning a deep tomato red, or perhaps a darkened pink if I’m lucky. But hey, at least I fit in with the Christmas theme, right? The mere idea of summer spontaneity makes me tremble with dread. In Queensland, exposure to the sun for even five minutes can do serious damage long-term. The effect is even more significant when you have a striking resemblance to a snowman. But even the snowman is more fashionconscious than I am. In all seriousness, the phrase ‘summer fashion’ takes on a whole new meaning when you have an ivory complexion in Australia. I often find myself sporting more sunblock than
skin and I always require a heads-up before I can exit my house. Items such as a wide-brimmed hat, sunglasses and a shawl have quickly become summerstaples. Who needs a bikini when you have a Cancer Council approved rash vest, amiright? Much sexier. It is difficult to be excited by the prospect of Christmas for someone such as myself. I love the idea of it, in theory, but then I am reminded of the many layers of sunblock I will have to coat on to avoid social segregation. Perhaps the solution is not to isolate ourselves, but to create awareness for our plight. Fostering a love for Christmas would be much easier if we were surrounded by good friends and good company. Thus, in honour of the upcoming Christmas season, I propose a solution: Let us celebrate those of pale skin and pale hair, those who burn easily, who never tan and who are frightened to leave the safety of their dark room. In the spirit of giving (which, if I’m honest, is what Christmas is really about) let us place aside our road-trips, our beach days and our picnics. Instead we should host Xmas-themed movie marathons rife with hot cider and tacky ornaments and perhaps even a little mistletoe. Lend a helping hand to those in need, naughty or nice, and celebrate season’s greetings by staying indoors. I promise your good deeds will be appreciated, even if our mouths are too full of sunblock to say so. 22
An insight into mooting Mooting – it’s the extra-curricular activity we should all experience as a law student.
Erin Laird
QUT Law Student Why? Mooting is based on skills that are quintessential in law (and other fields). You’ll intensively research for a hypothetical case, prepare written submissions, and present them orally to the judges. Regardless of your career plans, you’ll gain skills that are invaluable. What internal competitions are available? QUTLS Competitions Team hosts the internal competitions, and you compete against fellow QUT law students. Semester 1: • QUT’s Witness Examination, aka WitEx; • Allens Linklaters’ Junior Moot; • Minter Ellison’s Client Interview; and • King&Wood Mallesons’ Senior Moot. Semester 2: • Herbert Smith Freehills’ Paper Presentation (an essay competition); • Ashurst’s First Year Moot; • Corrs Chambers Westgarth’s Junior Negotiation; • Clayton Utz’s Commercial Arbitration; and • Ashurst’s Constitutional Law Moot.
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So there are four internal moots available throughout the year. The Junior and First Year moot are entry level moots and you can only participate in them once each. There are no participation restrictions for the Senior or Constitutional Law Moot. All competitions have a grand final round where friends, family and law students are welcomed spectators. They are usually hosted at the Supreme Court or the sponsoring firm’s office. How do I get involved in an internal moot? The Competitions Team will notify you when applications are open for competitions, via email and Facebook. This will provide you with an online application form. Applications tend to occur approximately one-two weeks before the hypothetical scenario is released. There is no tryout process for an internal moot – if you apply, you’ll compete. Feel free to contact the Competitions Team (via vp.competitions@qutlawsociety.com) if you have competition related questions.
What external competitions are available? In an external competition you compete against law students from other universities. If your team progresses through the competition, it’s possible to compete against teams from other countries.
It’s not what you can do for mooting, it’s what mooting can do for you Through interviewing other mooters, I’ve learnt that most mooters have had incredibly positive experiences.
These are the external competitions available: • QUT Torts Moot; • Kirby Moot, based on contract law; • Willem C. Vis Commercial Arbitration; • Oxford Intellectual Property Law Moot; • Ian Fletcher International Insolvency Law Moot; • International Criminal Law Moot; and • Philip C. Jessup International Law Moot, based on public international law.
Mooting teaches you how to: • Act in a court room environment; • Create succinct and cohesive first drafts; • Properly articulate what you mean, in an unambiguous manner; • Appear confident and think quickly to answer curveball questions when nervous and stressed; • Thoroughly research into a niche area; and • Increase your work efficiency (gratefully, it happens naturally… I mean, how else do you balance mooting with subject studies, work, sleep, and a social life?!). • The benefits of mooting include: • Learning all of the above, and then some; • Being able to claim subject credit for external moots; • Being able to demonstrate initiative and interest in law on your resume; • Networking and creating strong friendship and support groups; • The incredible learning curve; • Practically applying the law; and • Travelling – if you’re doing an external competition.
These competitions are not hosted by the QUTLS. Some of these require travelling outside of Brisbane or Australia. All fees associated with travelling and entering these competitions are covered by the QUTLS or the Law Faculty. How do I get involved in an external competition? The Faculty will notify you via email and BlackBoard when applications are open. QUTLS will also notify you via Facebook. These competitions require an application/expression of interest and try-outs. During try-outs, it’s just you and the judges in the mooting room – so there’s nothing to worry about!
Below is a compilation of a few things mooters have learnt and experienced.
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QUTLS Moot Club The Moot Club aims to help students approach any moot, through giving advice and feedback. Whether it be researching tips, how to format written submissions, or how to advocate – they’re here to help. The QUTLS Moot Club have awesome plans in store for 2017! Feel free to contact them (via director.mootclub@ qutlawsociety.com) if you have questions about mooting.
How can I hit the ground running? To help you enter the world of mooting, I have two main recommendations. 1. Just do it. Enter the competitions sooner rather than later. If you start earlier, you have more time to improve AND you can do more moots! #Winning! 2. Spectate internal moots. This can be done as a bailiff for the moot (i.e. a timekeeper), or by attending grand finals. This will make you more familiar with the court procedures. Also, you’ll be able to learn basic “dos and don’ts” from the judges’ feedback to the teams. This will enable you to hit the ground running because you’ll have an idea of what you’re going to do, and how you’re going to do it.
Just remember, we’re all human All mooters have made silly and embarrassing mistakes. A Supreme Court Judge recently explained that he still made mistakes on his last day as an advocate in court. His Honour said mistakes are inevitable – just make sure that each mistake is smaller than the last. Evidently, a great mooter doesn’t just understand the facts and the law. A great mooter continually strives to be better whilst knowing that they’re not perfect. That could be you.
The only choice for PLT is QUT www.qut.edu.au/legal-practice
CRICOS No.00213J © QUT 2015 21808
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witty or in bad taste? Emily Ryan
QUTLS Publications Officers 2016 The Courier Mail is nothing if not sensational and their headlines often leave people divided. Below is a wrap up of some of their more controversial recent covers - if you were in their legal department, would these be something that you would have approved?
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Why i Put law School on Hold Why I am taking six months off law school to rediscover my passion.
Lewis Holmes
QUT Law Student
I firmly believe that the legal profession can be a helping profession, and that's the only reason I ever did it. I want to help people and contribute to my community. University is a privilege that is not available to everyone, and over time the reality that I could be doing more than just hanging out at uni bar and writing essays justifying a clause's existence in an act that most people will never read- well it got a bit much.
space and arts residency program. The first year of the program will support sixty-eight artists with full residencies of any walk of life or discipline. House Conspiracy will allow practitioners to make their early-career mark within the framework of a significant and innovative part of Brisbane and Australia’s respective arts contexts, readying them for further innovative and exciting opportunities.
The simple fact is that I need to take some time to genuinely contribute to the community, and while I fully intend to finish my degree, the opportunity is now and I intend to take it. As for what I’m actually doing: House Conspiracy is a non-profit incorporated organisation. It seeks to address a significant need in the Brisbane arts community- permanent, stable residency spaces. Thankfully we’ve made it more than that though, House Conspiracy will be a venue, exhibition
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The new arts and events space in West End.
Now, if I may, as a public policy nerdI’m going to justify my own existence for a second. It is not enough to say that the community can always fill the void. In no uncertain terms,
government funded initiatives have the capacity to have huge wastage and are often heavy handed – but with reasonable direction and community consultation, Australia is primed to make truly great art. The arts cannot be confined to those privileged enough to not have to worry about chasing riches. There has been great art made by the influence of money, especially during the church’s peak where amazing music and murals were made at the behest of money. The arts cannot allow themselves to become, in itself, a prisoner of privilege. The question should never be, what the sponsor wanted to convey through this piece, it should be about the observer and the artist.
that the people who are really committed to their art are overworked, underpaid and underprivileged, by a hyper-competitive and toxic market and secretive sub culture. I in no way want to discredit the power that a law degree holds, the logical processes that it teaches you- even only a few years into my double degree a lot of it has already come into very real use. So that’s that, I’ll see you all in about a year- hopefully on the back of a successful creative start up, but whether it is or not, I’ll be back, and I’ll be ready to finish my degree and go out into the world to make something real happen. Talk is cheap. Let’s try love.
To consume art should mean more than Yours sincerely, just thinking, ah yeah fair, the government Lewis Holmes asked for this one so it’s pro- government- Logistics Director, House Conspiracy cheers. The reality of the arts industry, is
Lewis Holmes — Logistics Director of House Conspiracy 30
graduates.minterellison.com
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Introducing your 2017 executives & commmittee Executive positions President: Harrison Bell Executive Vice-President: Alastair Paige Secretary: Sarah Nguyen Treasurer: Courtney Brown VP Competitions: Yanery Ventura Rodriguez Director of Mootclub: Patrick Johnson VP Education: Jake Stacey VP Events: Nicholas Arndt VP Media & Communication: Claudia Choi VP Sport & Health: Alexandra Pearman
Committee Positions Finance Officer: Michael Payne Competitions Officers: Kate Jamieson, Annalise Spurge, Rebecca Nguyen Le Mootclub Officer: Wen Liang (William) Zhou Careers Officer: Charlotte Mann Mentor Officer: Joshua Dunn Indigenous Officer: Alexandra Cameron Events Officers: Jack (Jackson) Bristed, Cassandra Grey Merchandising Officer: Yehanka Ranasinghe Law Revue Officers: Kate Milward, Eleanor Sondergeld Publications Officers: Katie-Lee Mills, Megan Dudley Designs Officer: Royce Adcock Photographers: Izzy Machin, Rianna Shoemaker IT Officer: Tristan Hall Sport Officer: Brodie Smith Health Officer: Jessica Pavlovic 32
Contact Us President Harrison Bell president@qutlawsociety.com Executive Vice-President Alastair Page vicepresident@qutlawsociety.com Secretary Sarah Nguyen secretary@qutlawsociety.com Treasurer Courtney Brown treasurer@qutlawsociety.com Vice-President of Competitions Yanery Ventura Rodriguez Director of Moot Club Patrick Johnson Vice-President of Education Jake Stacey
vp.competitions@qutlawsociety.com director.mootclub@qutlawsociety.com vp.education@qutlawsociety.com
Vice-President of Events Nicholas Arndt vp.events@qutlawsociety.com Vice-President of Media Communication Claudia Choi vp.mediacommunication@qutlawsociety.com Vice-President of Sport and Health Alexandra Pearman vp.sportandhealth@qutlawsociety.com
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Connect with us on... QUT Law Society Website: www.qutlawsociety.com Facebook: www.facebook.com/qutlawsociety/ Instagram: @qutlawsociety
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