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QUT law society inc.
Torts illustrated issue Two 2018 acknowledgements The QUT Law Society’s quarterly Torts Illustrated publication would not have been possible without the support of its sponsors, as well as the dedicated Media & Communication team. Our sponsors Allens | Clayton Utz | Johnson Winter & Slattery | McCullough Robertson | MinterEllison QUT PLT | Thomson Geer | Ashurst | Herbert Smith Freehills | King & Wood Mallesons Editor Anna Wilson [Publications Officer] Content Editor Rianna Shoemaker [Publications Officer] Consultant Editor Zane Jhetam [IT Officer] Visual Design and Formatting Zane Jhetam [IT Officer] Wei-Han Chan [Designs Officer] Anna Wilson [Publications Officer] Cover Model Rianna Shoemaker [Publications Officer] Photographer Abby Wood 2
Contents
Reconciliation....................................................................................................4 From the pressroom..........................................................................................6 FROM YOUR EXECUTIVES........................................................................................8 Don’t cry because it’s over, smile because it happened: A guide to postclerkship season.............................................................................................14 Law degree = lawyer?.....................................................................................16 How qutls reflected on reconciliation week.............................................17 Homeless affairs.............................................................................................18 the Art of truthtelling..................................................................................20 A TECH TIP: STOP STUPIDLY STORING ‘SIGNMENTS..............................................24 sex vs. gender...................................................................................................26 Between Church & Nanny State – ‘Free-ish’ Speech.....................................28 New media mania: How the rise of new media is disrupting the legal industry............................................................................................................32 Confessions of a self-proclaimed scaredy cat..........................................34
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Reconciliation The QUT Law Society respectfully acknowledges the traditional custodians of the land upon which it works, the Turrbal and Jagera people, and pays its respects to Elders past and present. We recognise the contributions Indigenous people make to society, and celebrate Indigenous success. The QUT Law Society is committed to inclusion, reconciliation and consultation to ensure the future of Australia is one where Indigenous people are afforded equal opportunity. The QUT Law Society demonstrates its commitment to reconciliation through numerous events and programs facilitated throughout the year, organised in partnership with a dedicated Aboriginal and Torres Strait Islander Officer. One such event was the Colin Biggers & Paisley Reconciliation Breakfast held at the Stamford Hotel on 23 May. You can find an article discussing the event further in your copy of Issue 2 of Torts Illustrated 2018. There are many upcoming opportunities to acknowledge Indigenous history, both within the QUT community and beyond. In 2018, the QUT Law Society welcomes commencing Indigenous students, and wish you every success in your studies and beyond. Kathryn Dorante, Aboriginal and Torres Strait Islander Officer atsi.officer@qutlawsociety.com
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Connect with us... Thomson Geer @ThomsonGeer www.tglaw.com.au
ADVICE | TRANSACTIONS | DISPUTES Domestic & Cross Border www.tglaw.com.au Sydney | Melbourne | Brisbane | Adelaide
ARRIVE... A LARGE AUSTRALIAN CORPORATE LAW FIRM WHY CHOOSE US? We know you’re not just a student on work experience. We want to give you a realistic introduction to the legal profession. How does this happen? From day one, you’ll be an active member of the team, working directly with experienced practitioners. We also want you to enjoy your time with us – there are lots of social events you can join – and what better way for you to get to know your colleagues?
DEVELOPING YOUR SKILLS TO SET YOU UP FOR A BRIGHT FUTURE We will dedicate time to your development as an up and coming lawyer in our team: an investment in you is an investment in our future, and the future of our valued clients. You will find that our partners and staff are approachable and happy to share their knowledge and experience with you. We encourage our clerks, graduates and trainees to get as much exposure to different practice areas and ways of working as they can – this is a reflection of how we work as a wider organisation; a fully integrated, cohesive, national team.
Sydney Melbourne Brisbane Adelaide
OUR CLERKSHIP & GRADUATE PROGRAM We are looking for law students who have excelled academically, are client focused, commercially minded, and work well in a team environment. We are especially keen to talk to students who have an additional technical degree! Our structured four week program helps clerks learn through a combination of hands-on experience, training, coaching and observation. Students who complete a clerkship are eligible to be considered for a position in our next graduate program, commencing in 2020. This program runs for 12 months and includes rotation among different practice areas to help determine the area of law which best suits you.
APPLICATIONS If your ambition is to develop a career in commercial law and you possess the drive to make your ambitions a reality, we want to hear from you. If you also have a desire to work interstate one day, let us know! We welcome the opportunity to assist our team members with personal career development. Applications open 26 February 2018 via cvMail 5 or our website.
From the Press Room Media and Communication Team
Hello Members! Congratulations on making it through another challenging semester! Whether you’re a fresher who is just starting to lose their wide-eyed enthusiasm or a grizzled veteran of the lawbrary, we’re excited to welcome you to Issue 2 of Torts Illustrated for 2018. In this issue, we have some very interesting content for you that focuses specifically on the theme of identity. The feature article in this issue is an interview with Lee Moy, the QUT Faculty of Law Careers and Employment Advisor. Lee sat down with Anna Wilson, one of our Publications Officers, to discuss all things ‘career related’ with a focus on the post-clerkship season. We are incredibly proud of the volume and quality of content that we are delivering to you, our Members, in Semester One. Here’s a brief summary; • We published over 25 promotional event pages and accompanying banners so that you know all about the events and activities the Society has to offer; • We published over 100 posts of interest, including employment and volunteering opportunities; • We posted over 2500 photographs from the Society’s events, activities, and initiatives; • We delivered the First Year Guide, to help fledgling young students grab law school by the horns; • We sourced around 20 high-quality articles for Torts Illustrated issues 1 and 2 which entertain and/or inform; • We built the Springboard Careers Guide, which included detailed information about a massive variety of employers, and several helpful articles aimed to help you land that dream job; and • We responded to over 300 Facebook queries. The response from our readers was overwhelming! We hope you continue to find our content as interesting and beneficial as you did this semester; • 397 of you liked the QUTLS Facebook page this Semester; • You viewed our photos on Facebook and Instagram about 52, 000 times; • You clicked links we posted on Facebook over 5, 000 times; • You spent a collective 12 days reading Society publications; and • You viewed nearly 10, 000 pages on our website. If you want to get in touch with the Media and Communication Team with feedback, suggestions, or to contribute to Torts Illustrated, send an email to director.mediacommunication@qutlawsociety.com. See you in Semester 2! 6
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From your executives Management Committee Welcome to the Second Issue of Torts Illustrated! We hope you have all had an excellent Semester 1 and we wish the best of luck to those of you who are nearing their last assignment or exam. This has been a fantastic few months for law students, with highlights ranging from this year’s QUTLS Law Ball, Clerkship Symposium and the Welcome to the Moot Club evening. This was made possible by the commitment of our portfolios and the engagement of students. In bringing law students together we hope that you feel more included, more excited and more productive with the time that you have at university. One of the soon-to-be-completed projects from the Management Committee is the introduction of QUTLS’ new by-laws. The first edition of these by-laws focuses on the role descriptions and duties of every Committee member of QUTLS. This ensures all Committee Members, whether it is the Publications Officer or the Secretary, are aware of the scope of their roles. This also means Committee members can be accountable for what they are required to do. As the year progresses, we plan to attach more detail to these by-laws, including policies and resolution procedures. Stay tuned!
Education
The Education portfolio has provided an array of amazing events in Semester 1, including the Clerkship Symposium, Meet the Profession, Women in Law and Reconciliation Breakfast. In particular, the Reconciliation Breakfast was a fundamental success; we hope those who attended were enlightened and gained an increased awareness of how we can stay connected with our fellow Australians.
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Moot Club
We thank everyone who attended Moot Club #1. Our Director of Moot Club, Helen was overjoyed at the turnout and the significant interest generated this night. Mooting is a fantastic skill worth developing for your career in law; throughout this semester the Moot Club has been helping your peers increase their confidence in speaking and advocacy. This type of involvement always garners interest from employers and is arguably one of the foremost experiences you should pursue whilst at law school.
Competitions
As we stated in the first issue of Torts Illustrated, the Ashurst First Year moot and Clayton Utz Negotiation were well engaged by students; both finals were held at their respective sponsor law firm offices where canapes, drinks and networking opportunities were provided. The Witness Examination competition was the final internal competition of QUTLS for Semester 1. It is an incredible opportunity to utilise and improve your advocacy skills. The Senior Moot and Client Interview Competition will be occurring in Semester 2, and we look forward to seeing competitors showcase their passion in both.
Sport & Health
This semester we have had large and enthusiastic teams for soccer, touch footy and netball. Make sure you keep your eye out for registrations in Semester 2; a healthy body keeps a healthy mind! Exercise is also always going to beat your weekly readings (if you even do them). With these points in mind, consider joining our Running Club – new faces are always welcome.
Events
The QUTLS Law Ball was a magical night. Somehow more than 1200 people made their way into Cloudland within a mere couple of hours and experienced one of the best nights of this semester. Thank you to those of you who provided feedback, positive or negative; we always consider this when we go on to develop the next Law Ball or similar events in the future. Speaking of similar events, we hope you join us in this year’s Spring Soiree – an event that we are doing in place of our usual Law Dinner and one we really encourage you to pop along to.
Media & Communication
Consider having a read of the publications QUTLS offers! Open up our Careers Guide, First Year Guide or the first issue of Torts Illustrated. Better yet, keep reading this second issue of Torts Illustrated. Stay tuned for our new addition to the QUTLS publications family, the Academic Journal. If you have written any essays over this Semester that you’re exceptionally proud of and wish to have it published, please send them to director. mediacommunications@qutlawsoceity.com
Final Words
Thank you for a wonderful Semester 1. Any questions or want to speak to us? Come and swing by our office Monday to Thursday 10am to 2pm or send us an email. See you all in Semester 2, hopefully bright eyed and bushy tailed! 9
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Yehanka Ranasinghe Director of Events
Congratulations everyone for making it through another semester! The Events portfolio has had a successful Semester 1 with a L-Card launch party, a pub crawl, our infamous Law Ball and the renowned #letsgetrekt that most law students use as their light at the end of the tunnel. The Law Ball was a success, with 1200 attendees at Cloudland. The venue was decorated to suit the Seven Deadly Sins theme and featured a giant 3m mask, a birdcage for people to dance in, a pile of pillows (sloth), and of course, lots of food and drinks. Check out our Facebook page for photos and a video from the night. We have big news! We are introducing the QUTLS SPRING SOIREE, a brand-new cocktail function on Saturday 8th September. The party will be along the river in New Farm at Riverside Receptions, with phenomenal food and drinks, a fun dance-floor and food trucks (ice-cream etc!). The dress code and actual event will be a tad more casual, think Races meets Law Ball (yes, think florals and wedges for the ladies, and boat shoes for the boys!). More information will be released on our Facebook page shortly, so keep an eye out. Winter is coming, so we have been working on QUTLS hoodies, keep-cups, t-shirts, and other awesome merchandise. Check the Facebook page for updates on when you can purchase the merchandise. The Events Team has been busy putting together all our events, so thank you to Alex, Lilly, and Elena for their continued dedication and enthusiasm. Good luck for the rest of the semester and have a safe holiday! Yehanka xx
Annalise Spurge
Director of Competitions
Somehow, the end of Semester One is upon us already! For the Competitions Portfolio, this semester has been fantastically busy and action packed. We have just finished the QUT PLT Witness Examination. Congratulations to everyone who competed, and especially to Grand Finalists, Thomas Feeney and Peter Blake-Segovia! With three comps down, it is now time to begin preparation for Semester Two. Coming up, we have the King & Wood Mallesons Senior Moot, the QUTLS Criminal Junior Moot and the MinterEllison Client Interview. There are always opportunities to get involved, no matter your experience or interests. Do you want to have a bit of fun? We will soon be looking for volunteers for the Client Interview - which involves showing off your acting skills and stepping into the shoes of an often-disgruntled client. Do you want to build real-world skills? You can try your hand at participating in the Senior Moot where you will get to tackle a commercial problem and receive incredible advice from specialised judges. Once again, I would like to give a massive thank you to the Competitions Officers - Yashila de Silva, Bronte Jackson, Jordan Lee and Bobby Nair - for all of their hard work in putting together the competitions. Thanks must also be given to all the judges, volunteers and attendees of our Grand Finals. 11
Helen Driscoll Director of Moot Club
Ebony-Lee Corbyn Director of Education
As I write this, we are in the midst of exams—by the time this is published, everyone will have made it out the other side and be ready to enjoy the break! To do lists are the rage around this time of the semester, so we thought we’d give you some ideas! #1 Reflect on Reconciliation QUTLS is proud to have hosted the Colin Biggers & Paisley Reconciliation Breakfast in May. There is a large and important move in the legal profession to Reconciliation and acknowledgement. You’re encouraged to think about the 2018 theme: Don’t Keep History a Mystery. #2 Update your resume - reach out for support First semester marks the crazy clerkship season, and we are delighted to be there with our students to facilitate conversation and networking. Use the opportunity over the break to update your resume and prepare for new opportunities. Meet with the faculty and other employment support on campus to assist you, and be ready to go! #3 Get excited for new events next semester The QUTLS Education team is excited for our calendar next semester and we hope you will share in our enthusiasm. For the first time in a Queensland universities’ law society, we are hosting a Mining, Environment and Resource Law Information Evening. Given that we are a resource state, this is topical and a great opportunity to hear from practitioners in this area. We will also be holding a Litigation and Commercial Advocacy Law Evening and a Technology and Artificial Intelligence Law Information Evening. Enjoy your break! We look forward to coming back next semester and responding to member demand and enthusiasm. 12
What an exciting semester it’s been for Moot Club! We’ve been super busy with multiple seminars and workshops for students/mooters new and old to sink their teeth into. Our most recent Moot Club meet up on 17 May was a blast - the battle between Harvey Skyfall v Lewis Pitt was intense. I was so impressed by the quality of submissions, effort and passion of all those who participated. Next semester’s Moot Club meet-ups will focus on other forms of advocacy outside the traditional litigation format, such as negotiation and arbitration - so stay tuned to the newsletters and the QUTLS Moot Club Facebook page for updates. Whether you’re first year or fifth year, it’s never too late or too early to moot! QUT Law Society has various competitions and opportunities for you, no matter what stage of your degree. However, if you’re feeling a bit nervous and want to get a head start on mastering your grip on the lectern, QUTLS Moot Club holds multiple ‘Moot Clubs’ throughout the year in addition to seminar style workshops for specific competitions. Our next Moot Club will be the week of the 23rd July after mid-year break! Keep calm and moot on.
Lucy Hammond Director of Sport and Health
RUNNING Club
Hey guys! 2018 has been a mega year so far for Sport and Health and I think I speak for all involved when I say we’ve had a blast! The netball, touch and soccer teams have had a great first semester, with plenty of goals both kicked and scored and a bunch of tries attempted (and sometimes even made!). Luckily, we found a gap in our rigorous training schedules for the end-of-semester sport drinks at Botanic Bar. A massive thank you to every player for showing up each week (especially to those partaking in the 30-degree midday soccer matches) and for looking fresh in your killer new QUTLS sports singlets. For those that are keen to get back into it, and for anyone keen to start, teams will resume again after the semester break so contact me at director.sporthealth@qutlawsociety.com if you’re interested! Semester one also saw the start of the brand new QUTLS Running Club. After a solid 12 weeks, we’ve picked up our game and are running a regular 5kms. We’ve also changed the time to Thursdays at 5pm in response to the harsh Queensland winter so meet us outside C Block for a late afternoon jog in beautiful Southbank followed by chats and Boost Juice. On TOP of all that, we recently participated in the QLD Legal Walk and had one of the biggest teams out of all universities and most firms AND we raised $894.16 for an amazing cause. Semester two will see the Law Cup, Grudge match, more Social Sport and the Mental Health Week (including our annual Breakfast!). Good luck with exams and I’ll see you next semester!
Friday 7AM Ground Level Outside Gp C Block
xxxx Lucy 13
Don’t cry because it’s over Smile because it happened:
A guide to post-clerkship season By Anna Wilson The emotional process of applying for clerkships is tough for even the most resilient of us. The Legal Careers and Employment Advisor here at QUT, the ever supportive and knowledgeable Lee Moy, sat down to chat with me about how you can make the most out of this time-consuming process. Specifically, how you can nail your vacation clerkship, how you can keep the fire burning if you were unsuccessful and also how freshers can get ahead of the game. This is only the beginning for those fortunate souls who landed that clerkship which so many other law students shed their blood, sweat and tears for. This is an amazing achievement on your part. You have jumped through the hoops, you’ve barked like a dog. 14
Now it is time for the hard part as it’s your potential graduate position that’s on the line. Lee has been holding informative and career-boosting sessions regarding clerkships throughout the semester. There is no need to worry if these missed your radar as Lee is more than happy to have a one-on-one conversation with you about your future. The two most relevant aspects from these sessions were impression management and professional branding. As the saying goes, first impressions do last. Your professional brand is what will either entice or repel partners from keeping you on board. That is why it is necessary to update your LinkedIn profile, despite what some
unaware students may think. Every legal professional uses this platform as a constant networking event. Moving onto real life first impressions, you need to be on your best behaviour. This means treating the clerkship like you’re still being interviewed. This includes displaying a diligent work ethic, demonstrating your enthusiasm, and having meaningful conversations with everyone at the firm (no matter their positions), this will make you a stronger candidate for a graduate position. As much as we would like to claim we’re not, humans subconsciously judge books by their covers. So, it is time to scrub up boys and girls. This entails shaving those beards gents, and ladies, make smart shoe choices. These seemingly small personal adjustments can boost your confidence while you are impressing the partners. Unfortunately, these positions are scarce, but there is no need to feel disheartened if you didn’t acquire that golden ticket. That is just one out of a hundred other pathways that can take you to ‘Career-junction’. This statement from Lee herself may take you by surprise, so hold on to your seats boys and girls.
. “I am optimistic about the availability of the jobs out there”. You can not be discouraged by the concept of rejection. It is not something you can run away from, if anything the reoccurrence may be regular in both your professional and personal life. Taking the constructive feedback on-board and creating a strategy to move forward is essential. As Daniel Pink said, ‘Persistence trumps talent.’ The top-tier firms are not the only ones hiring. You should preserve that proactive attitude you had when applying for clerkships and devote it to job hunting in mid-tier and boutique firms. Although you did not receive that job on Eagle Street, it does not mean that you can never look across that beautiful view of the river. You need to ensure that you continue to
boost your resume through university involvement, volunteering and (hopefully) maintaining that 5.5 GPA . If the opportunity arises, you can land that dream job of yours with an equally-dreamy view. It is also crucial to maintain your networking status with the major firms. Many opportunities present themselves at networking events that could potentially change your life. Here are some networking tips from Lee to ensure you become a master of this craft; - Forget about questions and focus on connections; - Listen but don’t be silent; - Follow up connections on LinkedIn; - No debauchery; and - Remember, the professionals are human too. It is never too early to prepare for clerkships, so here are some words of wisdom for you eager, wide-eyed freshers. ‘Prior preparation prevents piss poor performance,’ or the 6P’s as Lee succinctly and memorably states. For those graduating in 2020 or 2021 get your resume together now so you can guarantee you look desirable on paper when facing the ‘blind audition’ stage. Employers are impressed to see that you can juggle multiple balls in the air, so ensure you partake in extracurricular activities at university, volunteer any of your spare time and develop work experience. Law firm experience is beneficial but not mandatory. Any customer service skills are ideal for the legal industry as our job consists of ensuring our clients leave satisfied with our services. Reflecting on this perhaps life changing experience which was the clerkship season, it’s necessary to be kind to yourself. For those preparing for their clerkships in the holidays with your freshly pressed shirts and shiny new shoes, remember how prodigious this opportunity is but, do not put too much pressure on yourself. For those who missed out, you’re more than just a law student. Keep in mind that this is not the be-all-and-end-all. There are still many other avenues to secure your dream job. 15
Law Degree = Lawyer? By Isabella Rubendra In February of this year, Prime Minister Malcolm Turnbull made some insightful comments about studying law. He believes that too many students choose law and that students should only study law if they intend to become lawyers. Mr Turnbull made this remark as the holder of a law degree who is currently the Prime Minister of Australia. While practising law is a common career path, a law degree provides graduates with boundless skills that are useful in various fields. The Defence Force and Australian Security Intelligence Organisation also seeks law graduates for various positions that allow for exciting, fast-paced work with a focus on the inner workings of our military and security bodies. These positions require legal expertise as well as impeccable research and management skills, which are the basis of a law degree. Most importantly though, these positions request applicants who work well in a team. Law is arguably a discipline founded upon collaboration. I know this to be true after spending hours with other students in the library working together to cram the day before exams. A law degree provides teamwork skills that enable graduates to work in cooperation with others, which is fundamental to essentially all areas of work. As I’m sure you know, law students spend the entirety of our degrees both reading and writing longwinded papers. We are also often told we are a talkative bunch so it’s no surprise that chatty law graduates are snatching up careers in the writing field. These jobs include legal literature, legislative editing, legal analytics, auditing, journalism, and academia. The legal sector is undoubtedly intertwined with criminality. However, law graduates do not need to act as just the prosecution or defence. Police detective work is suited to law graduates as the applicants are required to be observant and analytical. People who work in corporate intelligence and private investigation also often have a background in law. Legal research is a refined skill that underpins the entirety of a law degree and it is an ability that comes in very handy for investigators! All in all, a law degree is a versatile qualification that sees many people working in various fields and enjoying fulfilling careers. The skills gained from legal education are applicable to almost every job. If none of these careers take your fancy, don’t worry, there is always the option of becoming Prime Minister. 16
How qutls reflected on reconciliation week By Hannah Burstow Law Students, legal professionals and honoured guests were reminded of the importance of Indigenous reconciliation in relation to the law at a special breakfast hosted by the QUT Law Society on 23 May 2018. The breakfast took place at Brisbane’s Stamford Plaza, and was sponsored by prominent Brisbane law firms Colin Biggers & Paisley, and fellow firm McCullough Robertson, the QUT Faculty of Law and Oodegeroo Unit. In light of National Reconciliation Week, which runs from 27 May – 3 June annually, students heard from special guests that included notable Aboriginal Australian Activist Uncle Sam Watson and Colin Biggers & Paisley Partner Damien Butler. Mr Butler told of both his own and Colin Biggers & Paisley’s firm support in recognising and acting upon reconciliation within the legal profession. He reminded the attendees that both law students and law firms alike have a crucial part to play in reconciliation. Guests also heard from Uncle Sam Watson, a prolific Aboriginal Australian activist and advocate. Uncle Sam presented a poignant address that reminded guests of how far Australia has come as a nation in recognising Indigenous reconciliation, and yet, just how far Australia still needs to go.
to study and report both the cultural and legal issues behind the deaths in custody of Aboriginal people and Torres Strait Islanders, in light of the increasingly high levels of such deaths. While the outcome of the Commission concluded that the 99 deaths investigated were not due to police violence, it is untenable to suggest that Australia has paid due diligence in Indigenous reconciliation in the legal system. Drafted at a time when Australia was considered belonging to no one, even the Australian Constitution still fails to recognise Aboriginal and Torres Strait in any form. While the Government claims to be working towards this recognition that can only come in the form of a referendum, it is a long and slow battle for Australia’s first people. Events like Reconciliation Breakfasts offer important insight and education into Indigenous reconciliation in the legal profession, and provide one small step towards a larger goal – law students and legal professionals alike must strive not to grow complacent in this ongoing journey, and continue to work towards the total restoration of relations with the traditional owners of our land.
Uncle Sam has played a key role in instrumenting Brisbane’s Aboriginal Legal Service, is an influential writer and filmmaker and further educates students at the University of Queensland in the Aboriginal and Torres Strait Islander Studies Unit. This inspiring man also played a crucial role in instrumenting the findings of the Royal Commission into Aboriginal Deaths in Custody. The Royal Commission was conducted in 1987 17
Homeless Affairs By Lucy Czerwinski In 2012, Australia’s immigration policy was named as one of the worst in the world. Coalition MP Andrew Broad recently accused the visa application process of racism and promised to fast track the visa application of ‘persecuted’ white South African farmers. “The black South African farmers certainly have not proved themselves. They need the skill set of the white South African farmers if they’re going to have any chance of feeding the population that they’ve got”. I recently had the pleasure of applying for a permanent residency in Australia for one of my tutoring students. One word. Incomprehensible. For those who come from overseas yearning for a place in the ‘lucky country’ , this ‘vast brown land’ , our ‘egalitarian, multicultural’ society; and so and so forth, the process isn’t as straightforward as one is led to believe. Right off the bat, the diverse range of visa options were laid out in an extremely inaccessible format. Undoubtedly, the most impressive detail was the composition of text which really exceeds expectations to alleviate any understanding from someone with English as a second language. It must have taken a lot of work and research to alienate your audience to this extent. Considering most visas require an English language assessment, the use of complex and often department specific words, is a truly thoughtful aspect. To apply for any form of visa with the Department of Home Affairs, applicants are prompted to set up an Immiaccount. In that simple name, the department manages to convey such nuance. So obvious, but with such an element of originality. A student has myriad options when seeking a visa for study in Australia. All aesthetically laid out in the highly engaging chronological order; 500, 590…485. Well, almost. Most visas are marked by both a vaguely relevant sounding name and a three-digit number. The tables are drawn up in sleek, thin navy lines and the visual outlay draws in the user to the riveting and comprehensive explanation of each available visa. These explanations leave such resounding pause for thought. Thoughts such as; What did I just read? Why am I so lightheaded? 18
Was I formally educated or was it all an incredibly disappointing dream? The adept use of emotive vocabulary never ceases to amaze. The global marker for a quality government document has always been how frequently the word ‘organisation’ is used in a single paragraph and the Home Affairs Department really succeeds in this regard. “Organisations and agents can set up an organisation account or join an existing organisation account and request access to additional services. This access must be approved by an Organisation Account Administrator (OAA) within the nominated organisation and/or the Department.” As a competent English speaker, every page on the Department of Home Affairs website, try as I might, just appeared to be a collection of words. It’s like watching an obscure German Arthouse film from the 1960s; I know it’s meant to mean something, but I don’t know what it is. After sifting thoroughly through the seemingly infinite visas available with no discernible clarity, I stumbled across the visa finder tool. The enticing visuals illustrated a streamlined representation of any inquiry one could have. For a student visa, a book image is displayed as a live link composed of minimalistic geometric lines. For permanent residency, a map of Australia drawn in a house. Simple and yet undeniably brilliant. It promised a Pangea for all the scattered information and tools that appear to have sensible names but upon further inspection were simply two useful words with the space between removed. Upon clicking on my illustration of choice, I was greeted with easily the least helpful tool that could possibly have been provided; the exact condescendingly confusing list of visas I originally trawled through. Of confusing government processes, and in truth, there are many, this must be the worst. It was written with words well out of common usage. The website constantly took me back to pages I had already visited. The process was straight up confusing. The only sliver of relief came in the form of the occasional kitschy graphic and even those were somewhat misleading. If policy informs societal values, I seriously question Australia’s progression towards a truly accepting, multicultural society. Migration agents said they have witnessed a three-fold spike in applications over the last year. In response to backlash regarding the resumption of offshore detention, the Australian Government always emphasises that only “illegals” are affected and those going through the correct channels will be settled in Australia. It completely baffles anyone aside from those possessing extraordinary English literacy skills, who are still unlikely to gain any amount of clarity about the process. Let alone, file an application. So, I would give visa information from the Department of Home Affairs a predictably disappointing one star out of five for effectively deterring anyone even remotely considering applying for a visa. 19
The Art of truthtelling
In an age of fake news, conspiracy theories and so integrity? Does the truth By Rianna Shoemaker Two months ago, I was fortunate to attend ‘DIGI: Challenging Dangerous Online Narratives’. Myself and ten other students were selected to represent the Queensland University of Technology as future young social justice warriors. The one-day seminar covered a broad range of topics including cyber bullying, online terrorism and even working in government. One aspect that stayed with me, apart from the delicious spread, was the panel on Fake News. The panel unpacked whether it is possible to maintain integrity in journalism in this day and age. Facebook, and other major social media platforms, use computer algorithms so uers only see posts they are interested in. This means viewers are rarely exposed to opposing viewpoints or articles and posts that make them feel uncomfortable, unless the user actively seeks out such material. This is very unhealthy and stunting to human development. Experiencing conflict and failure is how humans grow and better themselves. When exercising, your muscles strengthen by being pushed to their limits. The same is true intellectually and emotionally. We only know our capabilities when they are put to the test. So, if we are only ever being exposed to material that makes us feel
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safe, how can we ever expect to reach our full potential? The truthfulness of the source must be questioned. In our digital age, a sea of knowledge and information is constantly available to us. However, not all this information is helpful, truthful or positive. Therefore, it is important to be discerning when reading online, and not take everything we read as truth. One of the three panellists at DIGI was a human rights activist from the Philippines. She spoke of how she often sees reports on the news of young girls being raped, when in fact the story is later proven to be false. When asked why such reports are promulgated she suggested it is to further the ongoing drug wars and promote anger and unrest in the people. Living in Australia, we rarely feel the ongoing conflicts experienced by many other places in the world. Nevertheless, they exist and they are constantly raging. This is why it is crucial we become educated and conscientious users of social media. Our identities are dictated in part by what we see and read on a daily basis. As our news is slowly transitioning from one screen to another
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ocial media, is it possible to maintain journalistic mean anything anymore? – television to computer – we are relying more on giant social media sites to be providers of information. This includes Facebook, Instagram, WhatsApp, Snapchat and so forth. However, being a provider of supposedly truthful information, such as the recounting of news, involves a certain degree of responsibility. Namely, giant social media providers owe us, as the consumers, a duty of care to be truthful in their news telling. If the information we receive from such sites is not honest, we need to start second-guessing where we spend our time online and who we should be supporting. You may think, ‘Where I spend my time online isn’t important or significant.’ This is not true. Goodgame Studios is a former television show that has since become an online community. They started out as a show on ABC for Kids reviewing the latest and greatest video games and awarding each game a star rating. The hosts consistently said the games we buy and play dictates how the gaming industry operates. This is also true for news and social media.
the same reception rings true; the opinions of us as the viewers is instrumental in the continued success of online sites. It may not seem like it, but each one of us has the power to make or break the online industry if we work together collectively. Being selective about where we spend our time online and who we get our news from is key to changing this truthful mentality. The significance of this is twofold: Firstly, as previously mentioned, our identities are strongly influenced by external factors we are exposed to on a daily basis. As future legal practitioners whose first duty is to the Court and to justice, there is no place for dishonesty in our lives. Secondly, holding each other and our news providers accountable is an important step to maintaining integrity in every aspect of society. If we can’t trust the sites that purport absolute honesty in the retelling of world events then the meaning of ‘truth’ holds little practical value. In a time of chaos and conflict, truth should be more important than ever before.
If you think about it, media giants, such as Facebook, are a by-the-people, for-the-people enterprise. The only reason Facebook grew so popular in the first place was because of the significant reception it received from Mark Zuckerberg’s college peers. Many years later,
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The McR Graduate program provides its graduates with the invaluable opportunity to apply the skills we learn in university to the commercial world. At McR you are more than just a number, but a valued member of a community committed to supporting, guiding and encouraging your personal and professional development.
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Bronte Shaddock
2014 – Internship with McR 2017 – Commenced McR Graduate Program
At McR we do things a bit differently Our unique internship program recruits law students in their pre-penultimate year for an eight week program, which is completed over two years.
Work closely with some of the best partner in the industry on a range of complex, high profile matters
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Enjoy more opportunities to gain valuable on the job experience, earlier in your degree Stay connected with us between your two internships and benefit from a two-year personal and professional development program
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With McR’s extended internship, your supervisors become your mentors. Some of the most valuable learning experiences happen #outofoffice and McR’s internship program offers a constant stream of social events, training and networking opportunities throughout the program.
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Enjoy the benefits of working for some of the biggest clients in Australia and overseas at a full service, top-tier commercial law firm
Milan Gandhi
2016 – Internship with McR 2018 – Commenced McR Graduate Program
As a junior lawyer, your enthusiasm is in overdrive. Everything is interesting. You have a million questions for everyone. You want to be the best. And for me, I wanted to be the best lawyer and leader I could be. Right now I’m a corporate and tax lawyer, buying and selling companies, structuring investments and having the occasional battle with the ATO.
STAY TRUE.
So, a little while after I started at Clayton Utz, I joined the social committee. A powerful assembly fuelled by lunchtime pizzawielding lawyers making important decisions like choosing the Christmas party theme. They knew I liked pizza, but had no idea I was gay. You see, I wasn’t out at work yet and this became a genuine source of anxiety for a good two years. But In May 2015 this all changed... To listen to Luke’s full story, go to: claytonutz.com/graduates Academic brilliance certainly counts, but graduates who thrive here have something extra – a natural passion for connecting with people and a strong sense of self. That’s what staying true is all about. If you have these qualities, Clayton Utz is for you.
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A TECH STOP STUPIDLY STO By Zane Jhetam For one whole decade I have been saddened by a terrible phenomenon that happens to otherwise good people. We’re all familiar with the story: Your day is productive, everything’s going pretty well. You’ve nearly finished a massive assignment! But then, disaster strikes… It could be as simple as forgetting to save the file. Or maybe you left your yellow USB on the table next to your hot chips and a seagull mischievously flew down and ate it… However you have been effected by the loss of an assignment, I’m here to tell you that there is a way to make sure it never happens again.
The Solution
These services allow you to save your files to ‘the cloud’ so that they can be accessed anywhere. There are way too many to choose from, so I’m going to give you a list of essential features and then make a recommendation. 1. Desktop client: The desktop client (a program that runs on your computer, not in a web browser) is essential, because it will upload a new copy of a file the moment it is changed. This is important because the service is only useful if the files are actually saved to the service! 2. Ample storage space: Since about 2011, I’ve generated about 7 gigabytes of assessment and other content. The service is not useful if you are constantly stressing out trying to free up space. 3. File Version Control: Imagine you make a massive edit to your only copy of a document. Then you realise you made a mistake and ruined some of your referencing or deleted a good argument. Normally, you would have no way out, but version control lets you step back in time and restore an earlier version of the file. Trust me, you need this. 4. Public Link Sharing: Want to share your assignment documents with someone else? Get a public link, and send them that. You can even send them a link with edit privileges (group assignments just got less stressful too). Please stop sending attachments through messenger and email.
Recommendations
If you look for solutions that have the essential features, you’re left with a few options. I’ve thrown out some of the more obscure ones that are not as good in practice. Hopefully you can find one of these that suits your needs:
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H TIP: ORING ‘SIGNMENTS Provider
Storage (+ means add more storage with extra costs)
Version
Cost
Google Drive
15GB+
All files
Free
One Drive (Microsoft)
5GB+ (personal) Unlimited (using QUT login)
Office files
Free
iCloud (Apple)
5GB+
iWork files
Free
Dropbox
2GB+
All files (30 days)
Free
Setup
If you’re going to use your QUT OneDrive account, go to the HiQ website and click ‘Office 365’ in the launchpad. Then click through to OneDrive. For any of the other options, you just need to google the name of the service and register. Install the desktop client on your PC or Mac. Each will create a ‘sync folder’. Anything you put into that folder is automatically uploaded to the service.
Added benefits
These services have at least three other massive benefits; 1. Every computer that you sign into is kept synchronised. 2. You can also install companion mobile apps for each service, which let you share links, re-arrange folders, and even do basic editing from your mobile device. 3. You can access all of your files from anywhere with a web browser. Very handy if your computer dies and you find yourself stuck in the library late.
Concluding Remarks
Hopefully you all will find the time to set this up over the holidays. It will take you one hour and save you many more if you ever need it.
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Sex vs. Gender By Ryan Minuti The Queensland Government is reviewing the Births, Deaths and Marriages Registration Act 2003 (Qld) to determine whether it should be amended to recognise sex and gender diversity. Specifically, it will consider including a non-binary category for registering an individual’s sex and the requirements to change this registration. While the linguistic difference between ‘sex’ and ‘gender’ has been academically debated for over 30 years, the terms remain conflated in social language and are often confused under the law. Sex refers to biological indicators that define a person as male or female. The limited term refers to physical traits and has traditionally been the method used for legal identification. However, not all individuals conform to binary categorisation. ‘Intersex’ describes individuals born with anatomical characteristics that cannot classify entirely as male or female, identified through anomalies in their reproductive organs, hormone levels or chromosome patterns. Gender refers to deeply held attitudes and behaviours that form a person’s identity, and how they interact with current masculine or feminine norms. This is predominantly recognised in how an individual presents themselves and interacts with society. While most individuals maintain identities consistent with their birth, there are those who experience a disconnect between the two. ‘Transgender’ describes individuals who feel as though their identity does not match their appearance or that do not conform to traditional social expectations of gendered behaviour. This is marked by adopting more appropriate names or pronouns or engaging in the specific gendered behaviour. Some individuals may undergo medical treatment to modify their biological sex, however many do not.
Should BDRM recognise a third category of sex?
All birth registrations must include the child’s sex, and while there is no specified definition under the Act, application forms only include the binary options of male and female. However, the Act acknowledges that binary classification is not always an option by stating that sexual reassignment surgery may correct biological ambiguities. There is no law mandating individuals to undergo such surgery, so the Act must contemplate that there will be individuals who maintain these biological ‘ambiguities’. The purpose of the Act is to collect information relating to births and sexual reassignments, but also to provide access to that information for required purposes or statistical analysis. This contains the implicit assumption that such information is to be collected as accurately as possible. A failure to include an option for individuals who cannot be binarily classified is one that causes a level of inaccuracy in the recorded data. Other states have already acknowledged this discrepancy within their laws. In 2014, the ACT amended their equivalent legislation to reflect the status of intersex individuals at birth and provide a mechanism to change it. It seems appropriate for Queensland to follow suit.
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The Gender Identity Issue
While creating a third category of sex allows an individual’s biological status to be more accurately recorded, it does little to resolve the question of how gender identity should be perceived. There is a current push by transgendered individuals to have their identity recognised under the law with no need for sexual reassignment surgery. While some criticise this idea for allowing individuals to frivolously change their legal identity, it is important to acknowledge that the purpose of maintaining a legal identity is to be identified. If individuals manifest an identity directly conflicting with their legal categorisation, then classification becomes useless. As previously discussed, transgendered individuals may adopt different names, behaviours and appearances consistent with their gender identity, and if the law fails to recognise this change, it fails to maintain the predominant principle behind registration. The importance of a birth certificate in establishing personal identity should also be recognised. It is necessary for many important aspects of life, such as school enrollment, healthcare access, and obtaining a driver licence. From a pragmatic perspective, accurately recording gender on birth certificates allows individuals to access these services more effectively, without conflict between their gendered and legal identity. For example, Australian passports may record gender as ‘X’, but require individuals to provide evidence of their gender status as recognised on their birth certificate. Consequently, Queensland applicants cannot receive this recognition and are systematically denied from fully actualising their identity without resorting to expensive and invasive medical procedures. The ACT has also led this reform in Australia, removing the requirement for individuals to undergo sexual reassignment surgery before changing their registered sex. While this change can be criticised for failing to recognise the distinction between sex and gender, it does so without restricting the rights of transgendered individuals to be fully recognised. In my opinion, Queensland should adopt similar reforms, until a more effective legal mechanism to separate the recognition of sex and gender identity is proposed.
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Between Church & Nanny State – ‘Free-ish’ Speech By David Lean Fundamental Principles of Religious Liberty ‘Religious beliefs are part of the humanity of every individual. In a civilised society, individuals respect each other’s beliefs. This enables them to live in harmony.’ – Lord Nicholls Religious freedom is a hallmark of every free society. The ability to act in accordance with a moral will is a fundamental right, enshrined both within the principles of democracy and hundreds of years of Australian public policy and common law. Being compelled to act in a manner inconsistent with these beliefs, is morally unjust. While religious liberty is a freedom in its own right, it is not a standalone concept. Being free to live in accordance with a religious worldview, requires that other basic freedoms are met. Religious freedom should therefore be viewed as a group of rights, with freedom of speech, conscience, and association being necessary conditions for its existence. Collectively, these enable individuals to operate according to religious ideals without threat of State interference.
Legislative Interference This is where various state and federal anti-discrimination laws come under question. While the importance of discrimination regulation cannot be understated, a plethora of recent legislation has given rise to a new and unique threat to the fundamental freedoms of Australian citizens. Instruments such as Queensland’s Anti-Discrimination Act, and Victoria’s Equal Opportunity Act share several common characteristics. They each establish prohibitions on behaviour that is deemed ‘discriminatory’ against another because of a discrete range of protected attributes. This, inevitably, can conflict with the ability of faith-based organisations to operate according to their conscience. At home and abroad, these provisions have been successfully used against individuals and small businesses. Additionally, they have been used to ensure institutions of faith-based education remain tightly regulated on matters of curriculum and policy. So, have the governments of Australia exceeded their executive boundaries? Well, the problem does not reside in implementing the respective Acts themselves, in fact, each of these instruments play a vital role in safeguarding against social discrimination. The underlying issue is that both the premise of several of these legislative provisions and nature of their construction across the Australian judicature is one which opposes ‘dignitary harm.’ The problem arising from the concept of harm regarding dignity is that it is impossible to adjudicate with any degree of certainty or objectivity and is therefore plainly arbitrary. In addition, enforcement against 28
dignitary harm creates ‘social biases’ as the law prioritises certain rights over others. The concepts of individual autonomy and dignity are inherently bound. As such, legislation which demands that a sector of the population forfeit their autonomy for the dignitary benefit of others denies both ideals. Loss of autonomy is itself a loss of dignity. Therefore, employing such a low, indeterminate threshold as a legal basis serves to trim religious freedoms almost to the point of non-existence.
Sufficiency of Current Legislative ‘Protections’ 1. The Constitution: Section 116 of the Constitution restricts the Commonwealth from making laws for establishing religion, imposing religious observance, or prohibiting its free exercise. Sufficient or insufficient? Insufficient. While the Commonwealth cannot legislate to limit the free exercise of religion, it remains susceptible to state regulation. 2. International Law: The Commonwealth government is a signatory to several international treaties that uphold civil liberties such as religious freedom (e.g. Clause 18 of the ICCPR). Sufficient or insufficient? Theoretically sufficient, however practically insufficient. International treaties do not automatically form part of domestic law. Parliament must implement treaties under the external affairs power. Historically, the ICCPR has never been implemented in this way. It also contains stringent provisions on anti-discrimination which the Court may view as nullifying religious protections. 3. Exceptions: Each of the aforementioned provisions provide exceptions for religious institutions where their acts or omissions are ‘reasonable’ to comply with their religious doctrines. Sufficient or insufficient? Insufficient, in two ways. Firstly, the scope of exceptions is limited to religious institutions. It does not cover organisations or individuals. Secondly, it requires the court to decide what reasonable religious beliefs are. This leaves room for misinterpretation.
Securing Liberties into the Future Religious beliefs affect the lives of many Australians. Both state and federal governments must address the aforementioned concerns by reviewing laws that restrict a person’s ability to exercise these beliefs. To that end, I advance the proposition that: (1) Freedom of speech can be protected by redefining legislation which enforces against dignitary harm, to a reasonably objective standard such as ‘harassment.’ (2) Freedom of association can be safeguarded by redrafting legal exemptions, so that protections are not limited to religious organisations, but extend to a general protection for freedom of conscience for all Australians, including individuals and businesses.
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New Medi How the rise of new media is d By Florence Guyomar The legal profession is steeped in tradition, from Latin phrases and Roman numerals to barristers in wigs and robes. Whilst leather-bound books and hardwood desks still pepper the offices of many legal professionals, innovative practices are creeping around the corner. Global citizens of 2018 live in a Mediapolis… a place where media both underpins and overarches the experiences that make up the “everyday”. New media is having a resounding impact on the legal workplace by innovating and disrupting professional customs. Do these new environments create a more effective workforce, or are they simply a minefield for ethical violations?
Is Our Job Being Uber-ised?
The legal profession is renowned for encouraging a culture of overwork. After spending years in law school graduates are expected to devote their first five years in a firm to working gruelling hours and performing monotonous tasks. However, the tide is changing. New models of labour are emerging that allow lawyers to work in and with new media. For the tech-savvy lawyer, the existence of media platforms such as AirTasker, Upwork and Fiverr establish an alternative labour framework. Described neither as employment nor freelancing, the new framework of “cloud-labour” is made up of users and customers of online platforms that deliver pre-priced tasks. Legal professionals are able to respond to job postings offering a fee for performing tasks such as contract drafting and precedent research. The top-down approach to legal practice is waning. Cloud-labour allows lawyers to cherry-pick their hours and tasks without even leaving the house. However, Senior Media Researcher, Mary Gray, has her reservations. “The immediate issue is the Uber-ising of human labour, fragmenting of jobs... and dismantling of wages”. Innovative fee arrangements do away with billable hours, meaning in many cases solicitors may be at an economic disadvantage after accepting a set-fee job that takes longer than expected to complete.
The Mike Ross of LinkedIn
With the rise of social media as a commercial tool, it has become an expectation for legal professionals to have a social media presence. Gone are the days where potential clients sift through newspapers in search of legal representation, now it is more common to turn to various social media profiles, in particular LinkedIn. One particular affordance that LinkedIn offers are ‘endorsements.’ This feature allows for LinkedIn participants to vouch for the skills that professionals list on their profiles. Such endorsements come of great aid to clients seeking representation in a specialised area of law. Social media platforms encourage users to compete for social and economic benefits. Thus, it may be tempting for a lawyer to keep an inaccurate or aspirational endorsement listed on their profile. It is 32
ia Mania: disrupting the legal industry ethically dubious, however, to allow public endorsements that do not mirror the true skills of the lawyer. Such tools need to be used with discretion to ensure that they accuately reflect the individual behind the screen.
Hand Me Your Phone and I’ll Win Your Case…
Establishing and maintaining client relationships in the legal profession is of great importance. The domestication of social media provides several unique benefits that can enhance client/lawyer communications. The ultimate way to establish a positive client/lawyer relationship is to achieve a favourable outcome for the client. In an interview that analysed the use of technology in the profession, one lawyer stated: “You’d be surprised over the number of people that lose their claims over their own social media postings. I like it, it gives me an advantage.” Lawyers who are able to use social media to their client’s benefit are establishing and maintaining a unique level of client satisfaction. Social media has also allowed for lawyers to communicate with clients in a more effective manner. Networking channels such as Skype increase the ability for lawyers to represent clients in a “virtual office” who are geographically compromised, disabled or otherwise unable to attend face-toface meetings. This improves access to legal services and encourages interactive, timely and mobile communications with clients. Lawyers are held to exceptionally high ethical standards in maintaining client confidentiality, and the evidences of new media can jeopardise this. Breaches of confidentiality can arise if, for example, a solicitor uses the Cartagena features that platforms such as Facebook provide. If a lawyer were to ‘check-in’ at a café where he met with a client, he may inadvertently identify this person, bringing the profession into ethical disrepute. While many traditional firms watch from the side-lines, social media is presenting exciting opportunities for lawyers who wish to stand out as entrepreneurs and opinion leaders. Social media has introduced several features that assist the legal industry, however these services must be implemented carefully to ensure professional and ethical obligations are upheld.
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Confessions of a selfproclaimed scaredy cat By Rianna Shoemaker When I was in Grade Nine, we had the option of choosing an elective and I selected Outdoor Adventure Training (OAT). Aside from being one of my all-time favourite breakfast meals, I thought it sounded fun, and fun it was. As promised, we did an array of heartjolting outdoor activities, including mountain biking, whitewater rafting and rock climbing. But here’s the snag, bud; I am a big ol’ scaredy-cat. Please don’t misunderstand. I don’t mean to say I spend all my time at home, cowering under my doona. There’s nothing I love more than the unfamiliar. However, when it comes to the big stuff, like jumping backwards off a jagged cliff face, I’d much rather be found sure-footed at the beach or curled up with an oversized mug of French Earl Grey. I don’t say this lightly. I’m not theoretically frightened of such adventures. It’s only when I’m faced with the real thing that I start to get the heebie-jeebies. I actually convinced my parents to let me stay home from the mountain biking camp because I was so scared. I will never forget the expression on my teacher’s face when I told her. A good friend of mine had also decided to refrain from embarking on the camp, for her own reasons. I put off telling my OAT teacher because I was afraid of her response. The worst part was her disappointment. I had expected her to be angry or upset, but she was neither. Her expression was that of someone who had been deeply 34
let down. It was then I realised the faith my teacher had in me. She could see the person she hoped I would become, but, ultimately, I succumbed to fear. These same fears have plagued me recently as an adult. I falsely believed, that when I grew up everything would fall into place. Ironically, my life now seems to be more conflicted than ever. This is accentuated by the fact that, as previously mentioned, I have a tendency to be a bit of a sissy. Nine times out of ten I will choose the same, comfortable route because it’s safe and familiar. Like the majority, I dislike the grey area encircling my comfort zone. I never understood why anyone would venture into that place. It’s nice in the comfort zone! They have Netflix. This year I began stumbling towards an answer. About three months ago I made the decision to move out of home. It had been long-coming, a dream idly harboured for at least a year. As the old adage goes, be careful what you wish for. I was not totally unprepared for my life of independence, but in truth I had no idea what I was in for. I suddenly realised the depth of my naivety and inexperience. I now had to be significantly more responsible with my financial decisions. I could no longer spend an odd $5 or $10 on a dress. My time became infinitely more precious. Budgets, meal plans and minimalism became my mantras. Despite these newfound challenges, I love living out of home. It has forced me
to become a better, more-organised version of myself, Rianna 2.0. As is often the case with life-changing decisions, it has forced me to scrutinise myself. What kind of person do I want to be? Am I happy with who I am? Am I doing everything I can to get where I want to be? In the past I figured that if I didn’t ask the questions then, logically, I wouldn’t be disappointed by the answers. Intuitively I knew that I was hiding, but from what I couldn’t identify. A few months ago my boyfriend said, ‘You’re a very cautious person, Ri.’ My first thought was, ‘I don’t want to be a cautious person.’ His comment was a throwaway, not intended to mean anything, but it deeply disturbed me. I was impressed by his nonchalance and his casual certainty. In his eyes, this was my personality. It was contrary to everything I want for myself. You know that moment in action/adventure cinema when the solution suddenly dawns on the protagonist? It appears out of nowhere, but as sharp and clear as day. My boyfriend’s comment was my dawning. There were two alternate versions of myself co-existing simultaneously; The Rianna I wanted to be and the Rianna I was. I felt unnerved. I liked who I am, but on the other hand, I didn’t want to play it safe. I wanted to be an adventurer, like the idols I so admired.
All night I was kept awake by that one question: Why are there two versions of myself? Why can’t they be one and the same? I’m here to tell you that they can be. This isn’t a preachy story of success like the ‘Before and After’ posters at the gym. This is my admittance that it is possible to play-it-safe while remaining open to the opportunities that surround us. I’m still a scaredy cat but with a few added bonuses. I am like Ironman after he fixes his metal heartpiece. I would still much rather be at home with a good cup of tea than abseiling off a cliff. But now if somebody asked me to eat a snail or come rock climbing, I wouldn’t immediately respond ‘No’. I would say ‘Maybe’ or, perhaps, even ‘Yes’ and that’s a good place to start.
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President Jake Stacey
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