Torts Illustrated (Issue 3, 2015)

Page 1

Elective reviews Humans of Lawbry domestic violence in bhutan


Cover design titled, ‘The Breaking of Justice’

A huge thank-you to the wonderful Publications group! In particular Helen Driscoll, Jessica Fenech, and Yanery Ventura who led the coordination of articles in this issue.


Welcome from Editor .......................................1 Letters to the Editor .......................................2 Professional Insight .......................................3 Society Pages Competitions .......................................6 Social .......................................7 Moot Club .......................................9 Member Services ......................................10 General Content Last Year of Law ......................................12 Cafe Review ......................................14 Electives Evaluation ......................................15 Music Review ......................................18 Humans of Lawbry ......................................19 Law Poem .....................................23 Legal Clinic .....................................24 Law Revue Review .....................................27


Editor’s Salutations Near the end of another academic year, Elliot Dolan-Evans knows the price of everything and the value of nothing... Welcome, faithful readers. I pen this new chapter in the history of humanity at a time of stress, excitement, and horror. For most, if not all of you, the terrors of exams have descended! The Publications Team at QUTLS have been working hard to produce a publication to not only distract you from impending doom, but to also capture your mood at this time of war.

for a moment, I was extremely shocked and horrified that many… MANY of my colleagues had not read the Picture of Dorian Gray! For the love of all that is holy, once exams are over, you have to open this wonderful tome. It is one of the all-time classics, and describes a gentleman who has achieved ever-lasting life, but at a despairingly horrible cost to his soul… get reading! If you haven’t read Oscar Wilde’s complete collection, then you’ve wasted your life. Finally, as we have taught you so well over the year, and in preparation for end-of-exam celebrations - the only way to get rid of temptation is to yield to it.

We, at Publications HQ, know that you will always be fond of Torts Illustrated. It represents to you all the sins you never had the courage to commit. And so, we have drawn on inspiration from Oscar Wilde’s timeless classic The Picture of Dorian Gray, in illustrating the descent into madness we have all quickly slid into over the course of the semester.

Yours, Beginning in week one with joyful anticipation, a curious intellect, and even an eager desire to attend class, all of our attitudes have slid quickly into the realms of depravity and disgust. And, as in Dorian Gray, our souls have been corrupted and warped under the increasing workload and unmanageable case reading list. Though we maintain a clean and polished exterior, or a frame, if you will, our internal image has turned to darkness as the days become heavier and we hopelessly circle the ever increasing drain of exams. Departing from this dreary affair

EDE

Comments about the issue, any suggestions, threats, or would you like to get involved? Please email Elliot at: director.marketing@qutlawsociety.com

1


Letters to the Editor Having nearly drowned from the ton of fan mail arising from the last issue, Ed. gets to answering your best ‘To The Editor’ questions...

Q: With regards to your issue three, ‘editor’, I’m extremely offended that you’ve had a go at us for reading some nothing book! We’ve got enough work to do as it is, without having to read some tiddly-wash by some Wild character, about someone’s picture. You should keep your book recommendations to yourself, or keep it on track, mate. [Angry Andy]

Q: Knock Knock [Donald West] A: Who’s there? [Ed.] Q: Zimmerman [Donald West] A: Zimmerman who? [Ed.] Q: OK, you’re good for the jury [Donald West] A: Just for a bit of background for you lawyer-joke buffs - this above joke was actually one used in a court room in the US, and has been labeled as one of the worst legal jokes in history!

A: Look Andy, firstly you wouldn’t know a book if it flew across a library and hit you in the face. Secondly, how did you even write this letter? I haven’t even released this magazine yet, how have you managed to read my Editor’s Welcome, and written a letter about it before I’ve even released the magazine!

The joke’s premise is that everyone with any sense should know who George Zimmerman is. The joke thus directly insulted the jury, who were selected precisely because they didn’t know (much) about Zimmerman. This joke demands that the jurors laugh at themselves for being ignorant [Ed.]

... Are you reading my metadata? [Ed.]

2


Professional Insight Tanya Sciasci, the Senior Associate of the Property, Planning and Finance team at McCullough and Robertson, shares her valuable advice...

lawyer in private practice. It also has given me the chance to ‘taste’ the in-house life without leaving private practice, so I will never be wondering ‘what if’ later in my career.

What are you memories of QUT? I studied my law degree externally through QUT as it was the most convenient mode of delivery when working full time in a law firm. If you work in a law firm and need to leave by 5.30pm to get to a lecture – it is Murphy’s Law that something hits your desk and you can’t leave – so having the flexibility to study externally was great. Accordingly, my memories of QUT are limited to exam blocks and listening to podcasts of lectures on my iPod on the train each morning. I did make some lovely friends and contacts during the summer school sessions. Many with whom my path has subsequently crossed again. You are doing a pretty interesting secondment right now… tell us about it? I have been very fortunate to be currently seconded to Australian Childcare Projects, a Morgan Stanley company, as Legal Counsel. It is exciting watching a project come to fruition, from the very early idea right up to when the first child walks through the door. This opportunity has allowed me to become intimately involved in ACP’s business and gain an in-depth understanding of how businesses run and important decisions are made. With support from my colleagues at McCullough Robertson, I have had the opportunity to practice in areas of law that I wouldn’t ordinarily practice in. I also am able to attend Board meetings, write Board Reports and visit sites – opportunities I would not have as a

Importantly, I have also learnt what other lawyers do that drives in-house legal and businesses crazy – so I will know what not to do when I return to private practice!

What is a typical day for you? When not on secondment, my typical day at McCullough Robertson starts at 5am. I rally my 5 year old daughter and 18 month old twins out the door to day-care by 7am. My commute into the office is at least an hour, so I use this time to listen to a book on Audible while driving – it is my only chance to ‘read’! My first stop at the office is to our awesome in-house barista, Jarnelle for a caffeine hit. I will often chat to other colleagues when waiting for my coffee and use that as an opportunity to find out what other exciting projects are happening across the firm. After checking in with my team, I always spend the next hour or so doing whatever task that is on my desk that I least wish to do! As Mark Twain said, if you eat a frog first thing in the morning, nothing worse will happen to you that day!

3

I will usually spend the next few hours drafting leases, negotiating transactions and reviewing documents. I like to do this type of work in the mornings while my mind


Law Society Bi-Annual Report just wait till you have a full time job, couple of kids and a mortgage. Make use of all that spare time while you have it!

is fresh. My lunch is usually eaten while participating in one of many of the McCullough Robertson Discussion Forums, where we all come together to share snippets of the latest legal and market news or at an in-depth CLE session presented by one of our many specialist lawyers. In the afternoons, I tend to spend much of my time responding to emails or on the phone, obtaining instructions or generally following up my clients or other law firms on outstanding items. There is always a smattering of internal meetings throughout the day where I will collaborate with my team on a variety of different topics, from marketing to managing workflow. I also tend to meet with my clients in person where possible and prefer to see them in their own environments. I endeavour to leave at 5pm so I can spend some time with my children before bedtime and when the workload requires it, I will log back on at 8pm for an hour or two from home to catch up on any outstanding items, so I can start ahead of the game the next day.

You will also invariably cross paths with most people at Uni again in your career – the Brisbane legal community is tiny – so always treat everyone along the way how you would like to be treated!

How do you achieve work life balance? In a nutshell, when I am at work, I work and when I am at home, I am not at work. I try to avoid distractions and manage my time efficiently when I am in the office so when I leave at the end of the day, I do so confidently knowing I have put in my best effort. A common myth amongst junior lawyers is that it’s about who can work the longer hours. It isn’t. It is about productivity and high quality output.

If you could give some tips to your university self what would they be? Invest early in teaching yourself the ‘soft skills’ – how to manage time, not procrastinate, how to speak confidently, word processing skills, etiquette etc. You often will not be taught these skills by someone else and you will have a head start on your peers if you start honing these skills at University. There is an abundance of great literature out there at your fingertips! If you think you are busy at University,

4

I also love what I do for a living and I have a crystal clear vision of my priorities. I don’t think you can have any kind of work/life balance if you do not absolutely love your job. Then when I am at home, I don’t look at emails between when I walk in the door and when the children go to bed. My team know to call or text me if there is anything urgent. I try to be ‘present’ when I am home with the family without any work distractions. I believe balance is about spending quality time with your partner and children, not necessarily quantity (although it is nice when you can get it).

4

Finally, embrace being part of a team and learn to delegate out anything


in your personal and work life that does not need to be done by you personally. Whether it be the ironing or photocopying documents. Good delegation is a key skill to learn if you ever want to achieve work/life balance (but it is never a substitute for proper supervision and ultimate responsibility). Delegation frees my time up for the things that matter most to me.

look at other valuable contributions that lawyers from more diverse backgrounds can bring to the firm. Secondly, I believe the men and woman who are currently partners can lead by example by working flexibly and demonstrating that contributions of all kinds are valued as well as mentoring upcoming lawyers in leadership roles. Other initiatives that can help improve the gap are unconscious bias training, ensuring that a group of diverse people are always involved in the important decisions (such as promotion and hiring) and as well as regularly reporting and measuring promotions.

There is a lot of discussion right now on encouraging gender diversity in the legal profession, could you share with us your thoughts on this and initiatives that could improve the gap? Broadly speaking diversity in all of its forms is critical. The productivity, creativity and IQ of a team all dramatically increase where there are a variety of different perspectives involved. Gender diversity is important but I also highly value diverse backgrounds and personalities in my team. In law firms, there is clear lack of gender diversity at a partnership level. In some respects, this will improve over time, as the large proportion of young female lawyers move up the ranks. In the interim, there are several initiatives that I believe will help encourage diversity at a partnership level. Firstly, is a close look at the criteria for partnership. This criteria has been largely set by middle aged Anglo Saxon males and unconsciously favours those stakeholders. I am pleased to work in a lawfirm that has several partners, both male and female who work part time. This has not hindered their promotion in any respects. The promotion criteria needs to look beyond the billable hour and client introductions and

Finally, support your colleagues towards promotion and achieving their goals and you will find the support is reciprocated threefold when it is your time to shine.

5


Competitions In the red corner, Ben Pool and Adriana Tate prepare to deliver a knock-out blow as the best dang competitors this side of the Dalston...

It has been another non-stop semester full of exciting internal competitions. The Competitions Team hit the ground running with the Herbert Smith Freehills Paper Presentation being the first event on the semester 2 calendar. The sponsoring firm provided a breathtaking venue, generous hospitality and a wonderful panel of experienced judges who ultimately selected Rachel Liang as the winner of the competition. Next on the agenda was the Ashurst First Year Moot, spearheaded by Ben Pool of the Competitions Team. Along with the unrelenting support from Shona Fitzgerald, the Competitions Team facilitated a successful display of first year mooting talent. Ultimately, it was Ieuan Murphy and Holly Vaughen who took out the win awarded by the sponsoring firm. Not soon after the wrap up of the First Year Moot, the Corrs Chambers Westgarth Junior Negotiation preliminary rounds kicked off. This was a great opportunity for junior law students to undertake the role of legal professionals, negotiating for the best interests of their client. Moving forward to mid semester, the Clayton Utz Commercial Arbitration was another highly anticipated competition that showcased the capabilities of many skilled competitors. The judging panel was filled with experienced legal practitioners, imparting valuable

feedback and guidance. Victors, Barbara Yu Shan Tan and Daryl Hamley, impressed the Clayton Utz judges with their outstanding advocacy skills. Finally, it was the Ashurst Constitutional Law Moot that wrapped up the 2015 QUTLS competitions year. This one of our more challenging competitions, however, our fearless competitors weren’t deterred by the challenge. The students were judged by experienced members of the legal profession and were provided with a stimulating Constitutional Law based problem. The winners, Rosie Kirby and Ethan Hyde, were generously invited back by Ashurst to attend a Winner’s Lunch with selected partners from the firm.

6

It has been a fantastic year full of phenomenal talent and immense support shown by the student body. We would like to thank all those who devoted time and effort into helping the Competitions Team in facilitating these worthwhile events. Many members of the legal profession, the faculty and the student body have devoted countless hours in ensuring that each student received the most from each competition. We look forward to seeing the progression of the portfolio under the direction of Shona Fitzgerald, as Competitions VP for 2016.


Social Law student by day, and event manager by night, ‘DJay’ Uday Piyaratne keeps us informed of his dangerous double life...

Pub Crawl The QUTLS pub crawl was a new initiative that was created with the intention of gathering law students to bond over a mutual love of alcohol. The pub crawlers stumbled their way across Brisbane, making visits to The Port Office Hotel, Stock Exchange Hotel, Mick O’Malley’s and The Victory Hotel. With over 70 pub crawlers, this fun and intoxicating night brought together many students from varying stages of their law degree. Many new friends were made, many drinks were had and many memories were made (... that is if these memories could be recalled). As the night was so successful, we plan for the QUTLS pub crawl to become an annual event and hope for it to become even bigger and better than it already is. UQLS x QUTLS Battle of the Bands Held at Sonny’s House of Blues, the UQLS x QUTLS Battle of the Bands was the first ever bands battle against UQLS. Sponsored by King & Wood Mallesons, this event featured four UQ bands and two QUT bands. All bands played a mixture of their own original songs and covers. Unfortunately for us, UQ’s Band ‘Steele’ won, taking home a $250 gift voucher to Allan’s Billy Hyde and a trophy. Despite the light-hearted rivalry between our two societies, the night was filled with good conversation between law students and non-law students alike. It was a fun night for all involved and we hope to continue to battle the bands of UQ. Let’s hope we beat

them!

7


Law Dinner The 2015 QUT Law Dinner was another memorable and successful event for the QUTLS. The dinner was held at the Grand Ballroom of the Hilton Hotel and had 320 guests in attendance. Our law students, their partners and friends began their night with drinks in the ballroom foyer, which was then followed by a three course meal. The prestigious guest speaker Justice Jackson made a riveting speech where he gave advice and told many anecdotes, (he even put on voices for special effect). After the formal agenda of the evening was over, the real partying began thanks to the spectacular music playlist and the unlimited supply of alcohol. The dance floor was packed with girls in their gowns and guys in their dinner suits, dancing the night away. Despite a few broken glasses and a few people tripping and falling, the night ran smoothly and was a great success. The after-party at the Stock Exchange Hotel provided more fun for party-goers up until the early hours of the morning. Thank you to all those who attended and we hope to see you next year for an even bigger and better Law Dinner!

8


Moot Club Shereen Parvez has been advised against publishing this article,

as the first rule of moot club is not talking about moot club... After much excitement, and a considerable amount of planning, the QUTLS Moot Club officially launched at the beginning of this semester! The launch event was a classy soiree attended by some of QUT’s finest mooting alum, and plenty of keen new mooters. We hope that you found the evening to be an informative and inspiring one.

of it for a couple of years to come. I would like to congratulate Ethan Hyde and Alastair Page on being appointed Director of Moot Club and Moot Club Officer, respectively, for 2016 and wish them both the best of luck in their roles. Finally, best of luck to our international mooters as they look forward to a long summer in the library preparing for their respective competitions!

This semester also saw the release of the QUTLS Moot Guide. The Guide is very comprehensive and offers students guidance about what to do the minute they get the problem to how to handle those curly questions that pop up in the semi’s, quarters and finals. A massive thank-you to Tim Alexander, Lucy Munt and Dan Roe and Kimberly McCosker for helping get the Guide together. We have also been running moot fight club sessions, and are constantly improving the structure based on the student feedback we receive. We are also in the process of lining up judges and figuring out the schedule for next year On a personal note, I would like to thank my fellow Exec members and the rest of the QUTLS Committee for their support and encouragement over the course of this year. It has been a privilege to be involved in Moot Club, and I hope to be a part

9


Member Services Work-horse, Rosie Kirby takes us through all the great things QUTLS has done for its members! Feedback Around July, our advocacy officer Taylor Bunnag posted a thread in ‘fellow suicidal students’ about feedback. What ensued were over 300 comments about the lack of feedback and the problems with Turnitin in a variety of subjects. Subsequently, Taylor and I approached the Director of Undergraduate Studies, Jennifer Yule, and told her of our findings. She agreed that it was an issue and it was likely to be related to the amount of new students QUT has been taking on. Since that meeting, Jen has sent out an email to all coordinators encouraging all markers to use the audio recording option on Turnitin. The faculty is also in the process of developing soapbox presentations. These are interactive lecture formats that will take place after all assignments have been marked to show students what they needed to do to get a HD. These will start to be rolled out from semester one next year. How to get a Job in the Legal Industry This was a careers panel aimed at helping students get entry level jobs in the legal industry - law clerk, legal assistant and paralegal positions. We had a variety of panelists working in barristers’ chambers, top-tier law firms, mid-tier law firms and electorate officers. We also had a representative from QUT Careers. We had over 50 people attend this event and some really great feedback.

Peer Career Ambassadors This past semester I have been working on cultivating a Peer Career Ambassador Program. The program works in partnership with the faculty and QUT Careers to train a selection of later year students working in the legal industry. They will be able to share tips about cover letters and interviews. The idea is that they will have their own email address and people can send in questions and ask for coffee sessions to talk about their options or to get advice prior to an interview. This service would be particularly active during clerkship season.

10


Wellness Wednesday On the 7th of October the QUT Law Society partnered with the QUT Law Faculty to hold Wellness Wednesday. We had colouring-in and a free sausage sizzle. There were barn animals, raffles, pot plants and free snow cones, popcorn and fairy floss - I know I felt happier!

had approached the Inspector for the purpose of talking jobs for our members and also assistance in regard to our Witness Examination Competition. I secured their entire recruitment program. So this means all their hiring for graduate legal officers will occur through the QUT Law Society. The Police Prosecution Service has over 30 courts around Queensland and they’re looking to fill over 40 jobs over the next year. This is more jobs than all the top tier firms combined. Basically, the way this works is that they will take penultimate and final year students on as administrative officers. Upon graduation these students will be able to stand up in court and run mentions for high profile cases and entire trials in the magistrates court. While PLT will have to be paid upfront it is completely tax deductible and therefore effectively free. The PPS is not only looking for people that will stay a number of years, they are just keen to reap the benefit of smart and interested students.

Wellness Breakfast The rather wonderful Elinor Buys organised the rather wonderful Wellness Breakfast. We did this in partnership with Allens, our wellness sponsor. We had three professional representatives - one from Allens Linklaters, one from Norton Rose Fulbright and a past QUT student. The Dean was in attendance and so were many representatives from the faculty. We had a free breakfast with breakfast burritos, yoghurt and juice. It was good. The panelists had some really interesting things to say and this event was a success. Judges Associate Panel On the 22nd of October we will be holding the annual Judges’ Associate Panel. We have a bunch of past QUT Students who are now JA’s coming along to talk about how they got their positions and what you should do to get one. Criminal Careers Evening On the 27th of August I ran the Criminal Careers Evening in partnership with Russo Lawyers, a leading Brisbane law firm. We had representatives from Russo Lawyers, Legal Aid, the Police Prosecution Service and The Department of Public Prosecutions. The event was a resounding success as we had almost 80 people in attendance. It has been really important to give people options outside the legal industry. Police Prosecution Service On the 9th of October I had a meeting with the Inspector of the Police Prosecution Service. I

11


Last Year of Law A mysterious, anonymous crusader gives us their insights into the much anticipated ‘last year of law’... In January 2010, fresh out of High School, I packed up my green Volvo and moved from country Queensland to Brisbane to start my law and business degrees at QUT. I did not have any idea what I was getting myself into. At that point in time, I just knew I wanted to ‘be a part of it’ - so off I went. I moved into my first of six different share houses (I have had 10 housemates since then) and started working on the check-outs at Woolworths. I only really had two other friends in Brisbane, so I made it a priority to get to know as many people as possible, which Woolies was great for.

years of university, I started to become more in tune with the areas of law I was interested in. I took advantage of the services and programs that the university and the QUTLS provide. I also volunteered my time at QUT and at a community legal clinic. Not all of these experiences gelled with me, but those that did allowed me to leverage my way into some professional exposure that was relevant to my interests. These experiences were a healthy and practical way of establishing myself professionally. My most challenging moments were when I least expected them: I suffered through a particularly abrupt breakup (via SMS) during one intensive SWOTVAC, not to mention the frequent conflict between assignment and work deadlines and the stress of moving house almost every year. For so many law students, these difficult events seem to culminate and hit us at the worst possible time – all whilst having to manage our studies. When I started university, the faculty did not have as much focus on wellness and wellbeing that it now has. I wish I had practiced this earlier.

My first two years at university were a massive shock. Unbridled freedom and total independence should come with a warning label. I had an above average first semester, but quickly came to realise that putting myself through university was not going to be the cake-walk that attending school while living at home had been. Indeed, my focus was establishing myself in Brisbane, so earning enough money just to get by often came out on top over study and co-curricular pursuits. It was not until the beginning of my third year, that I realised my approach to student life was totally unsustainable. In the second half of 2011, I switched my business major from public relations to economics. This was the first of a few ‘aha’ moments that I had during my studies, and one which lead me to undertake work as an economics tutor. A second ‘aha’ moment was after I participated in the Junior Moot in 2014. My partner and I didn’t make it past the preliminary round, but I knew I wanted to try again. I went on to participate in several internal and external moots and legal skill competitions to varying degrees of success. It’s true when people say that nothing will light a fire in your belly like failure or rejection. As I continued into my fourth and fifth

12

I have fortunately managed to secure a role as a graduate lawyer for 2016 – a feat for which networking, timing, confidence and good preparation had an equal role to play. I would also have to credit my broad range of experience to my success in this regard. I would encourage every law student to get out and have a go at something new. Opportunity comes knocking all the time, but I think it is willingness to learn that will determine whether or not something is for you. If I could give first-year-self one piece of advice, it would be that Law school is no walk in the park; at times there will be a lot of pressure. But things have a strange way of working out, and the last thing you should do is be too hard on yourself.


13


Bean around Brisbane Once again, happy to be the reporter in the field, Helen Driscoll completes her coffee investigations... John Mills Himself

with little reason to linger. I would rate 5/10.

Hidden away on Charlotte Street or also accessible by Elizabeth Street, this little nook can easily be missed. Up and down a couple of flights of stairs revealed a small room with raw dĂŠcor and brick walls. In this warm and welcoming ambiance, dedicated coffee connoisseurs explain to me the process of their specialised cold drip blend made through reverse osmosis and re-mineralised water. Almond milk is, unfortunately, absent. However, the refreshing taste of my freshly bottled cold drip certainly makes up for it. My companion enjoys a chai 70% dark hot chocolate - chosen from an extensive hot chocolate menu containing varieties of chilli, lemon grass, ginger, lime and sea salt to name a few. Its busyness indicates clear popularity. Hipster vibe is strong. My final rating 8/10.

Cawfee Est. 2014 The pink and quirky exterior immediately caught my eye. Although modern, this little spot has that unique touch that tickles my fancy. Specialising in bagels in the food department, definite brownie points are scored. My almond milk cappuccino is smooth and delicious, and the first one not to be curdled! Although situated on the busy corner of Queen Street, sophisticated conversation can still easily be engaged in. My final rating 7/10. Metro Arts This nifty little espresso bar inside the old Metro theatre on Edward Street is where alternative meets the old world. Run by three lovely ladies, the coffee has been rumoured to be excellent and my expectations are met. No extra charge for my hipster milk obsession, therefore my almond cappuccino was extra delicious. The milk was slightly curdled; however, the sneaky dark chocolate cocoa bean on the side saved the situation. In a quick casual setting and perhaps a tad too loud contemporary tunes, will be back! My final rating 6/10.

Pourboy Espresso Venturing into a bit more of a mainstream eatery located on Wharf Street, Pourboy espresso oozes corporate central. Finishing breakfast at 11am is rather atrocious considering many a law student have just risen, and require bacon at all hours of the day. Lacking in almond milk, however, the long black game was strong, and my companion’s croque monsieur is reportedly on point. In comparison to other venues ventured thus far, this one is certainly just a coffee shop,

14


Electives Evaluation Our exceptional panel of Jessica Peters, Nicholas Jackman and Stefano Barbagallo have taken LLB140, LWB364 and LWB456 to inform YOU... LLB140 Human Rights Law

LWB364 Introduction to Taxation Law

Jessica Peters – Third year – Bachelor of Laws (Honours)/Bachelor of Business (Finance)

Nicholas Jackman – Third year – Bachelor of Laws

Human rights is offered as a first year elective. I chose it due to personal interest and its compatibility with the timetable for subjects in my business degree. The subject deeply focuses on real, contemporary human rights issues - delving into the processes of international law. The unit allows students to thoroughly understand the content and appropriately apply human rights practices and procedures in differing state of affairs. Each week addresses a new issue in human rights law and its place at law is thoroughly explained and communicated - Topics covered in the course include slavery, refugees and the right to work. I would recommend the unit to break up the workload of other law units, which focus on substantially more content The content and the delivery from staff was interesting, topical and very conversational as a forever developing and fast-paced area of law. The unit sparked discussion and room for opinion, which law students tend to favour. The delivery method was online podcasts and face-to-face workshops The assessment is a 40/60% split with a substantial essay and final examination. The thought-provoking nature of the unit is most evident in the essay, which is a modern and topical issue that I personally found interesting and research was therefore motivating. The fact that it has an open book exam, has multiple choice and short answer response questions meant that the average mark was, unsurprisingly, very high. If not at least for its unique and eye-opening content, Human Rights is no doubt of value to any law student.

LWB364 Introduction to Taxation Law is currently a 3rd year elective that I chose to study due to its inherent relevance to the everyday life of people and entities, and my personal interest in advising corporations on legal matters as part of in-house work. This unit is structured and delivered exceptionally well, especially when one considers the vast and ever changing nature of tax laws. It aims to develop the knowledge required to answer real world problems relating to taxation law. So if you intend to practice in tax law, work in-house and advise on tax issues, or want to simply know more about your own tax liability, this is a great subject for you. Not to mention, it may be looked on favourably by prospective employers. Topics covered include different types of assessable income and deductions, capital gains tax, goods and services tax and fringe benefits tax. There is also some content on tax planning/ avoiding, taxation of corporations, and state taxes. Nothing is too conceptually difficult. However, the subject is noticeably less directed, requiring more self-directed learning than earlier year subjects. There are ample readings for even the most studious of law student, and authorities are harder to find in some situations, making this subject a good exercise for developing your research

15


induction day before being thrown into the deep end. The teaching staff really set you up throughout the semester to be prepared for and manage the challenges you are faced with. Yes, it can be confronting, and yes it requires more time than other electives. Some clinics can be done virtually, others require 4 hours to a whole day per week. I managed to balance it with full time work commitments so if you plan well it really is a manageable workload. As an example, the students who undertook this subject in Semester 1, 2015 were exposed to: • Visa and immigration interviews and cases; • Domestic violence and child protection orders; • Aboriginal arts and music rights; • Providing legal service to prisoners; • Researching for and attending court for the Adani Coal Mining matter; and • Working on law reform with lawyers and government ministers.

skills further. Assessment is the standard 40% assignment with a 60% exam, which I personally find preferable. Calculations or tricky math problems are largely not involved, and those which were particularly relevant were well explained so that those who struggle with math had no issue. Both the assignment and exam were no different in form from other subjects, all that is required is good content knowledge, notes you know well, and an eye for picking issues. Tax law is an excellent subject covering an area of law that permeates everyday life more than most. Most importantly, it is delivered well and allows you to enhance your self-guided learning with plenty of support available where needed. For me, this is a subject that should be high on the list of law electives for any law student, as there is something for everyone to gain. LWB456 Legal Clinic

In addition to this, one group travelled to Bhutan over the winter break to present their research work, so the opportunities in this course are endless. Assessment: The practical component is combined with a teaching component. There are several workshops with live panels, guest speakers and assignments too. This component of the unit focuses on the challenges you face in the clinics and your role and responsibility as a lawyer to the wider community. I guarantee it will change the way you feel about your role in the profession and it will really help develop those soft skills you need to be a successful lawyer. Whether you want to be a lawyer for social change, equal rights or commercial interests, this unit will be one of the most thought provoking, challenging and eye opening units you can enrol in.

Stefano Barbagallo – Final year – Bachelor of Law/Bachelor of Business (Marketing) Don’t put this subject into the ‘too hard’ basket - you will do your degree and professional development a disservice. QUT’s Legal Clinic programme is all about helping you to understand the role of a lawyer in the current market. Whether you want to take a social, environmental or commercial approach, law is a helping profession that requires problem solving and a fair whack of resilience. Here is a short overview of what to expect from this course. The Application Process: Yes, there is one and yes it does take time, but stay with me. You will need to send a resume, a transcript, and an application form indicating your preferred clinic. Each clinic offers different challenges and time commitments, so do some research before you choose, or send me an email, I’d be happy to help you out. The Clinic: You will generally undergo an

16


The best lawyers know that to provide premium legal advice means knowing more than the law. Real world solutions come from experiencing the real world challenges our clients face. That’s why McCullough Robertson lawyers go where our clients work, whether it be a cattle station, communications centre, resources export facility or just their offices.

Because at McCullough Robertson, we want our lawyers to be more than lawyers, fostering a culture that is genuinely interested in our clients and the realities they operate in – a culture that is unapologetically ‘out of office’.

Brisbane | Sydney | Newcastle

www.mccullough.com.au/careers

WILLS BRAND DESIGN

Of course, as one of Australia‘s largest independent law firms we have our slick corporate offices too. But if you want to work for a law firm who will let you look beyond your workstation, then join us.


Study Playlist After desposing the last Director of News-tainment, Elliot Dolan-Evans shows once again why he’d like to be a DJ... Gengahr – She’s a Witch ‘Maybe she’ll sink, maybe she’ll fly, I caught a witch who cries all the time’ Not just a beautiful song, but has an astonishing video clip to match. The premise of the clip, and indeed the song, is the false (?) accusation of witchcraft of the main protagonist in the video. She is swept away from her husband by an angry mob and dragged to the edge of a cliff. Having just given his wife to this mob, the husband realises he has made a mistake and goes on a vengeful spree to get her back. A very sweet melody accompanies quite a dark theme.

in the world has to be Hot Chip. A highly underrated band, whom suffer a little bit live – they craft very catchy tunes with ease, which grow on you rapidly. ‘Why Make Sense’ is the sixth studio album by the group, and ‘Easy to Get’ is a tune that has a slow introduction but ends up being a rockin’ tune through the track. Belle & Sebastian – Nobody’s Empire ‘But at the end of the night there’s a green, green light. It’s the quiet before the madness.’ Belle & Sebastian must be one of the most underrated bands in the history of music. ‘Nobody’s Empire’ is from their sensational 9th studio album, ‘Girls in Peacetime Want to Dance’. Their songs across the entire album, just like this particular tune, are exceptionally well crafted. The melodies are untouchable, and the care in which the lyrics are written is something to behold. If there is anything you do today, check out Belle & Sebastian.

Beach House – Beyond Love ‘Could you ever believe, Beyond love?’ Beach House are an exceptionally ‘sweet’ band (though I hate using the term), but they are simply a delightful group. Their songs are melodically soft and superficially upbeat, but the lyrics are often very dark and full of heart break. ‘Beyond Love’ is from their 5th studio album, ‘Depression Cherry’ – which is actually their first album of 2015, with ‘Thank Your Lucky Stars’ being released just a week ago! Hot Chip – Easy to Get ‘Fear doesn’t live here anymore, Yes it’s clear, Right here, I am yours, my dear’ One of the best electronic-pop groups

18


“I’m graduating, I’m looking

forward to relaxing. Too many people have a stick up their butts. I think just having fun is important, try as much as you feel comfortable. Don’t forget to occasionally mong, and don’t forget to always cut it back on the dance floor. What am I going to miss most? I’m really going to miss the most, being stupid with all the boys”

Shelby Trappey (3rd Year Law)

Humans of Lawbry Ayla Fletcher (2nd Year Law) “I just found out I need to

do five core subjects in my last semester in order to graduate next year”


“I am pretending it’s not week

13. I have a Contracts exam in two weeks time, and I still don’t know what makes up a Contract. I guess you could say I’m a bit under the pump, but we’re all in the same boat so gotta soldier on.”

Jacob Briggs (1st Year Law)

Humans of Lawbry “For the first time since year

11, I don’t have an exam on my birthday, so I guess that’s a bit of a silver lining to the fact that it is week 13 and I spilt my coffee all over the floor of the pantry this morning”

Taylor McCaw (4th Year Law)


“Growing up, I was

always told that I would be a lawyer. That’s probably because I was always super sassy and never took ‘no’ for an answer. The best example would be when I was around 2 years old. I took my grandmas lipstick and scribbled all over the walls (and myself in the process). When my Grandma came up to me and asked if I had done it (because I had lipstick all over me) all I said was ‘if you already know it was me, then why are you asking, Mima?’”

Leya Blanco (3rd Year Law and Business)

Humans of Lawbry

Max Crane (1st Year Law)

“The Crim exam is in

exactly 16 days, and I’ve quickly learnt the meaning of insanity.”


Taylor Bunnag (6th Year Law and Journalism)

“Seven years of law school

and I still don’t know why I am here”

Humans of Lawbry Introducing the newest addition to your favourite mag for all things legally gossip worthy, Human’s of the Lawbry is now a thing. It’s time to get to know YOU, the students hanging around the place where such students studying content of a legal nature hang being the Lawbry. Keep a look out for your own shot at fame in the coming editions! Helen Driscoll

22


A Law Poem Easily one of the most elegant and thought-provoking texts to have been delicately placed in TI, Natasha Stone finds out that she is a poet and definitely knows it... An Ode to the Law Faculty You make it so much fun to learn the Code, So I penned this Ode, Tis not too wordy; Bawdy; Or Lordy; As I’m sure no doubt, You spend hours upon hours, Drinking H2O or Pineapple Juice, Marking all those Incorrectly placed full stops; Wondering if you emphasised the AGLC 3 enough, Or Preparing a speech about Torts, Short Skirts and Gender Benders using ISAAC ISAACS (and where the real marks are – in the ‘application’.) Tis not collusion! But an Illusion – without the alcohol. By Natasha Stone

23


Working in the Kingdom of the Thunder Dragon Kate Donnelly had a way, way more significant and productive mid-

semester break than any of us, tackling domestic violence in Bhutan... A couple of weeks ago, while everyone else was bunkering down for mid-semester break, I was with a small group of law and justice students on the flight into the world’s most dangerous airport: Paro, Bhutan. If you haven’t heard of Bhutan, you’re not alone. If you have heard of it, you probably know it as the one place on earth that could reasonably be home to air benders and flying bison. Bhutan is a tiny country nestled in the Himalayas, founded on Buddhism and carried into the modern world on the back of Gross National Happiness (nonchalantly referred to as ‘GNH’ by Bhutanese lawyers whenever they’re talking off-hand about politics). GNH is a home-grown, somewhat radical alternative to Gross National Product. When I say radical, I mean that it is a development framework designed by Bhutan in the 1970s,

intended to protect its unique cultural and environmental heritage while promoting the wellbeing of its people. In a consumer-driven, globalised world, this holistic approach to progress is a compelling guide for the nation’s policy makers and a powerful example for the rest of the world. It’s this policy that recently brought the staggering tide of domestic violence to the forefront of the Bhutanese Parliament’s mind. In Queensland, we know that over half of all homicides in the past 8 years were related to domestic violence. While there isn’t enough data to generate a comparative figure for Bhutan, the first studies in the country have shown that about 75 per cent of women experience physical violence at the hands of their partners. This is an alarming statistic.


Bhutan is struggling to address domestic violence. With limited funding and a legal system still in its infancy, it’s a difficult task overcoming any of the barriers to justice that exist in the country. Compare that with the additional $100 million that has recently been committed to domestic violence support services across Australia, and the gap between developed and developing nations has never felt as stark.

streets of Thimphu. Throw in misty mountain ranges, an incredible dinner overlooking Thimpu Valley with the Attorney-General, cultural festivals and momos everyday - you can see what you were missing. While there is still much to be done before domestic violence is eliminated in Bhutan, there are hardworking and passionate people working tirelessly towards that outcome. With the ongoing support of the international community, I’ve no doubt that peace, security and happiness will be achieved for every Bhutanese.

Even so, Bhutan’s Parliament recently took its first significant step towards tackling the problem. Recognising that domestic violence undermines the wellbeing and autonomy of women and children, the stability of families and the vibrancy of communities, the Domestic Violence Prevention Act 2013 was passed into law. The framework established by this Act has proven to be a start, albeit a mostly ineffective one. Cue QUT.

-------------------Want to work in Bhutan? Get your application in for the 2016 Legal Clinic project with the Law Faculty. For more reading on domestic violence in Bhutan, check out the initial report from RENEW (Respect Educate Nurture Empower Women) here. More further info on domestic violence in Queensland, you can find the ‘Not Now, Not Ever’ report here.

We spent our mid-semester break working with Prosecutors in the Office of Attorney-General in Bhutan. Through a program modelled off Crime Club, we worked with the lawyers to prosecute a fictitious domestic violence crime. Over five days, we helped raise awareness in the OAG about the unique nature of domestic violence while practicing the skill set required to effectively prosecute such matters under the new Act. I ain’t gonna sugar coat it: my midsem was better than yours. The Prosecutors taught us what they had learned in practice, stopped on the side of the road to let us get a photo of a gigantic phallus painted on someone’s house, and sang Bad Blood with us on the late night

25


15


Law Revue Review Jess Fenech puts her beret on, sips a skinny double mocha frappuccino, and gets ready to cast her critical eye over the QUTLS Law Revue... Let me set the scene, it was a late Wednesday afternoon, the skies were clear and the temperature was fair. Staff, students and proud parents gathered to see the famous QUT Law Revue. Overall, I was beyond impressed with how well the Law Revue was put together, it showed that students will go to extraordinary lengths to avoid studying.

Abbot sitting at home sipping on a dry martini and crying whilst watching this scene on repeat, he probably has an onion there too. There are honestly so many good scenes and I can’t remember anything bad. However, a special mention to “Jessie’s Notes” which was fantastic and accurate, “All about the Case” that resinated with so many of us, and “I don’t do Law Get Me Outta Here!” part one and two, which I can relate to after Property Law. Can I mention again how great “Minister for Women” was? Because it was utterly fantastic.

As our CEO, Sam Lynch said: ‘the show was amazing’; a glowing review, especially considering he wasn’t even there! The show was co-run by James Rouston and Jessie Rayner. I have to admit, this was the best QUT Law Revue to this day. I didn’t actually attend the first one, and the second was over 12 months ago, and lets face it, my memory isn’t that great. This year however, James forced me to watch Parks and Recreation prior to this years show, so I actually got the jokes.

As much as I want to sit here and list how much I love each of the scenes, I don’t have enough time (I’ve already procrastinated enough) and I don’t have enough space, because Torts Illustrated is filled with amazing and wonderful things and you should recommend it to all your friends.

To prepare myself for this years show, I attended our rival’s revue, the UQ Law Revue. With a large budget and significant support from College Humour, the UQ team gave me a night full of procrastination, and that was good enough for me. My favourite scene in the QUTLS Revue, by far, was “Minister for Women”. It was both creative and well played. Creative might not even be the right word, it was pre-emptive. The ‘lib spill’ of 2015 can be perfectly summed in this scene. I can see Tony

I look forward to next year’s show! I don’t know if they can top this edition, but I look forward to seeing it regardless. Wait, we can still go if we aren’t law students right?

27


28



Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.