Torts Illustrated (Issue 3, 2018) by QUT Law Society

QUT law society inc.

Torts illustrated issue Three 2018 acknowledgements The QUT Law Societyâ&#x20AC;&#x2122;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 l QUT PLT | Thomson Geer | Ashurst | Herbert Smith Freehills | King & Wood Mallesons Editor Anna Wilson [Publications Officer] Content Editor Rianna Shoemaker [Publications Officer] Consultant Editors Zane Jhetam [IT Officer] Rana Lateef [Treasurer] Visual Design and Formatting Zane Jhetam [IT Officer] Wei-Han Chan [Designs Officer] Anna Wilson [Publications Officer] Cover Models Alexandria Brown, Jack Bristed, Zane Jhetam, Anna Wilson and Rana Lateef Photographer Silvia Lee 2

Contents Reconciliation....................................................................................................4 From the pressroom..........................................................................................6 FROM YOUR EXECUTIVES........................................................................................8 THe â&#x20AC;&#x2DC;iâ&#x20AC;&#x2122; word and what we should do about it...............................................14 Vanuatu: similarities and differences .........................................................16 are streaming services turning us un-australia?.....................................18 the musings of a middling law student........................................................20 aurora internship experience.......................................................................22 careers without clerkships..........................................................................24 the purpose of promoting pants...................................................................28 where is our democracy going?.....................................................................30 River to rooftop..............................................................................................32 model student: assessment should reflect the real world...................36

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. 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. If you have any queries do not hesitate to contact our Aboriginal and Torres Strait Islander Officer at atsi.officer@qutlawsociety.com.

Connect with us... Thomson Geer @ThomsonGeer www.tglaw.com.au

ARRIVE... A LARGE AUSTRALIAN CORPORATE LAW FIRM

At Thomson Geer we strive to deliver best practice legal skills to our clients, doing so efficiently, reliably and with an authentic and transparent approach.

Sydney Melbourne Brisbane Adelaide

We are focused on enhancing the competitive position of our clients in whatever circumstances they find themselves in. This philosophy extends to the way we interact with each other. Honestly and transparently, supporting each other to be the best lawyers and people we can be.

From the Press Room Media and Communications Team Hello Members, and welcome to the third issue of Torts Illustrated for 2018! To begin, a massive thank you to the entire Media and Communications portfolio for all of their hard work throughout this year. Our Design Officer, Wei-Han Chan, has been producing high quality designs for QUTLS events, publications and our social media accounts. Rianna Shoemaker and Anna Wilson, the Publication Officers, have been sourcing, writing and editing all the information and articles found in our publications. Abigail Wood and Silvia Lee, our photographers, have been attending all of the QUTLS events and capturing all of the special moments that occur. Our IT Officer, Zane Jhetam, has undertaken the role of jack-of-all-trades. Whether it be his tech savvy expertise or extensive legal knowledge, he has assisted every portfolio in the Committee in one way or another. This has been a jam-packed semester for our portfolio thus far with the release of both this issue of Torts Illustrated and the upcooming fourth and final issue for the year. The Media and Communications team have also been busy producing podcasts showcasing our sponsors, so be sure to stay updated on our Facebook page for the release of those. Speaking of our social media presence, our members have been engaging with the content more than ever before! Turn on your notifications to our Facebook page so you can stay up-to-date with the latest news from QUTLS. Weâ&#x20AC;&#x2122;re also excited to announce a brand new addition to our publications family, the Student Digest. This will be a student contributed academic journal illustrating the most prestigious academic work of our Members. If you have any assessments that you are particularly proud of or have been conducting your own legal research along side of your studies then be sure to send them to director.mediacommunication@ qutlawsociety.com Thatâ&#x20AC;&#x2122;s all for now from the Media and Communications team. We hope you enjoy this issue of Torts Illustrated and we wish you all the best with those pesky mid-sem assessments!

From your executives Management Committee On behalf of the Management Committee, welcome to Semester Two. Congratulations to those who have just completed or are completing clerkships, to those who did well in Semester One and a big hooray for anyone else who is still reading this right now. Good luck to everyone who has been applying for graduate positions. We have some exciting topics to share with you, including recent achievements and new proposals. In early August we revamped our By-Laws, which now include a QUTLS Membership Agreement, a QUTLS Code of Conduct, a QUTLS Events Agreement a QUTLS Working with Children Policy and a QUTLS Privacy Policy. Michael Webster, the Secretary of QUTLS, made it his mission this year to give the organisation more structure, including providing additional guidelines for those who manage QUTLS or who participate in our events. Further, we are aiming to make this yearâ&#x20AC;&#x2122;s QUTLS Election easier by introducing online voting. Although you will need to attend the election in person to receive a voting key, we want to make sure that votes are counted properly and efficiently. Keep your eyes out for a QUTLS Election date and make sure you nominate for a position if you are interested in engaging with students, with firms and want to put yourself out there. Have a look at the role descriptions in our By-Laws if you would like to know what positions are on the QUTLS Committee. Thank you for reading this publication and we hope you enjoy it. Make sure you stay involved and keep coming to our events. We are all law students, so letâ&#x20AC;&#x2122;s make this time in university better together. 8

Yehanka Ranasinghe Director of Events

Semester Two is in full swing and the Events team has been busy busy busy! The L Card Semester 2 party doubled as the official ‘after party’ for the UQ x QUTLS soccer grudge match and was a huge success. We hosted the party alongside UQ and Griffith Law Societies and had it at the Stock Exchange Hotel. The L Card is a fantastic discount card with loads of amazing food, retail and bar/club deals (free entry into Fridays!) . They’re only $10 and can be purchased online on QPay or from our QUTLS office (C402).

Ebony-Lee Corbyn

In other news, the Events team has been working hard Director of Education preparing the new SPRING SOIREE Event! The Soiree will be at Riverside Receptions (New Farm) on 8 September The QUTLS Education Portfolio is excited to be from 5pm and will be an evening of waterfront drinks, bringing new events, centred around diversity and food, music and dancing. The dress code and event itself meeting the needs of our members. will be semi-formal/ casual, think Races meets Law Ball (florals, summer dresses, boat shoes, wedges etc!). There Careers without Clerkships had a record number will also be an after-party so everyone can continue the of people in attendance. This really emphasises festivities into the night. There is a Facebook event with that students are enthusiastic to hear about career all the details. options outside of the traditional clerkship path. Keep reading for an article summarising the night. Lilly has been working hard to get more QUTLS merchandise and now we have brand new hoodies! We The Fisher Dore Criminal Law Information Evening are also working on getting keep-cups, t-shirts, and tote gave us insight into the life of a criminal lawyer. This bags. Jump on our QPay website or visit us in the office event was a great opportunity to ask questions and to purchase. understand the ins and the outs of the field, and we are glad it was strongly supported by our members. Keep an eye out on the QUTLS Facebook page for event updates, and as always, we will be hosting our bi-annual We have so many new upcoming events we’re end of semester drinks on 16 November. excited for this semester! These include the Planning & Environment Law Information Night, There is a lot of work that goes on behind the scenes to which was a new event that was run to focus get our exciting events together, so thank you to Alex, on the resource sector and its key role in the Lilly and Elena for all their hard work. Queensland legal market. We will also be running a Litigation and Advocacy Career Night, a must for Good luck to everyone on their pesky mid-sem exams/ any students eager to engage in dispute resolution assignments, and we can’t wait to see you all at the or litigate career paths. The Technology and Spring Soiree. Artificial Intelligence Information Evening is also a new event, aimed at growing new areas in the legal profession. We also have a strong focus on equity this semester. This includes the upcoming LGBTIQ Legal Careers Night. Commitment to inclusion and the LGBTIQ community is important to QUTLS. I am incredibly proud that last year QUTLS made a public commitment to inclusivity during the plebiscite debate, and so glad that we can continue to work in this space with the LGBTI Community. We will also be running the Domestic Violence Awareness Breakfast, focusing on raising awareness of an important issue in our communities. Good luck for this semester and I look forward to hopefully seeing you at our Education events!

Helen Driscoll Director of Moot Club

Annalise Spurge Director of Competitions

The last few months have been very exciting for the Competitions Portfolio. In July, I was privileged to attend the Australian Law Studentsâ&#x20AC;&#x2122; Association Conference in Adelaide with seven student competitors. Thank you so much to Erin Laird and Lauren Trickey for competing in Negotiation, and Saskia Gude and Taylor Thomas for competing in the Championship Moot. Congratulations to Daniel McLindon and Thomas Feeney for reaching the semi-final round for the International Humanitarian Law Moot, and Bianca Stringer for coming second overall in the Witness Examination. I am so proud of everyone and the incredible amount of work that went into their respective competitions! We recently finished the King & Wood Mallesons Senior Moot competition. Congratulations to our runners up Thomas Feeney, Patrick Johnson and Kate Archibald and our winners Max Crane, Abby Wood and Jacob Briggs! This year we will be finishing up with the Junior Moot and MinterEllison Client Interview. For information about our competitions, stay up to date with our Facebook page and newsletter! Thank you so much to my wonderful Competitions Officers, Yashila de Silva, Bronte Jackson, Jordan Lee and Bobby Nair. We are looking forward to the rest of the Semester!

May the court be pleased it is Semester Two of 2018 already! Moot Club kicked off the second half of the year with a fantastic moot club inspired by the 2014 Ashurst First Year Moot Problem. Mooters prepared clever (and at times questionably creative) arguments in trespass to property and detinue regarding the unusual Potus Mango Fruit, which has an extraordinarily unique patterning resembling Eva Mendes and Ryan Gosling. Delicious. The fruit of course. All those who mooted were fantastic and we were so impressed with the efforts and talent we have here in QUT Law â&#x20AC;&#x201C; especially from those mooting for the very first time! We highly recommend all those wanting to make the jump to the next level to enter the Junior Moot in weeks seven and eight. The annual QUT High School Moot took place over two weekends in August with the Grand Final taking place in the Banco Court on 25 August. The QUT High School Moot is an opportunity for high school students to dip their toes into mooting and get a feel for law things! Students have been preparing for the moot over several months with the assistance of volunteer current QUT Law student mentors. Our Grand Final bench consisted of Richard Morton, Barrister, James Duffy (our very own all knowledgeable positive professional identity guru) and presided over by Paul Telford, Barrister. Congratulations to the winning team Somerville House. Keep an eye out on our Facebook page for the next Moot Club in late September!

Lucy Hammond Director of Sport and Health

RUNNING Club

G’day sportspeople! Well haven’t we done well. Semester 2 has had an absolutely CRACKING start for sport and health! Where to start?! On the social sport side of things, we’ve added dodgeball to the mix. Touch, netball and soccer are back and better than ever and have all had brilliant starts too. Big shout-out particularly to our netball team whose members are the most reliable, committed and competitive we’ve had in years. Keep up the great work ladies and gents! PSA: SPOTS ARE STILL AVAILABLE for dodgeball and touch footy, so contact me at director.sporthealth@ qutlawsociety.com if you’re interested! In other news, on the weekend of the 18 August we sent a team of 5 up to the beautiful Sunshine Coast to take part in the Half Marathon and 10km events! Massive congrats to that team for getting through a gruelling morning and THANK GOODNESS for that rigorous training every Thursday with the QUTLS Run Club, without which we could not have hoped to finish. Remember we meet outside C Block every Thursday at 5pm for a late afternoon jog in beautiful Southbank followed by chats and Boost Juice. Again, contact me if you’re keen or just come along! BUT WAIT… THERE’S MORE! we’ve ALSO already ticked off the UQ vs QUT Soccer Grudge Match (in which we won 2-0) AND the QLS Touch Tournament (which we didn’t win but gave it a red-hot crack). The rest of the sem will see more social sport and Mental Health Week (including our annual Breakfast!). Can’t wait!

Thursday 5pm Ground Level Outside Gp C Block 13

The ‘I’ word and what we should do about it By Rianna Shoemaker Last week I went to my local GP for a blood test. It was simple, if not painless, and the whole process took all of three minutes. Afterwards, I got a rare blue jellybean and a large bandage so the world would know I’d been recently injured and required great quantities of sympathy and affection. Physical ailments are generally easy to perceive and diagnose. You have a temperature, a runny nose, a bleed or a scar. Your vulnerability can be viewed by anyone and everyone and for a short while you relish in the guilty pleasure of playing ‘the sick card’. Mental illnesses, on the other hand, are not usually as easily noticable unless you have personally experienced them firsthand. They are none-the-less prevalent and the impact of mental illness can be long-reaching and severe, and not just for the sufferer. My first real contact with mental illness came when I was in high school. My younger brother had been behaving oddly for some time. Once joyful and comedic he had turned silent and distant. We discovered through word-of-mouth that the source was one I am sure is familiar to many of you: bullying. Within a year my brother was diagnosed with a severe eating disorder and from there my journey with mental illness began. It was not until I commenced university that it became evident how common such occurrences are. Whether it is bullying, as in my case, or circumstances beyond our control, many people, both young and old, have experienced varying degrees of mental illness. We live in a modern society of outstanding technological and medicinal advancements that improve daily, but for some reason, issues such as mental illness seem taboo within certain circles. Why is this? Why do we find it difficult to engage with people on a genuine, heartfelt level about such serious issues? I am not a medical professional or a mental health expert. All knowledge I possess on the 14

issue I have gained through first-hand experience, conversations with others and extensive research. It seems to me that mental illness is not niche nor is it unimportant. ‘Mindframe’ found that one in five Australians had experienced mental illness in the twelve months prior to their survey, the most common being anxiety. I myself have experienced anxiety on many occasions, especially when I must make a big decision such as where to eat out for dinner, but mine has never been debilitating. The self-doubt and uncertainty I experience from time to time has never prevented me from living my life. However, this is not true of everyone. Some of my friends have anxiety so crippling that they have often cancelled on meet-ups or even university. This speaks volumes to me. Mental illness is not a passing trend or something that should be taken lightly. For those who are effected, it can have very serious consequences. In an age of immense technological advancements, humans are slowly drawing further away from one another. The intimate human connection becomes rarer and face-to-face interactions are gradually drifting into the past. As someone who has both experienced mental illness personally and also been an intimate bystander to its effects, I have seen the devastating power of isolation. But I have also witnessed my loved ones’ triumph in overcoming mental illness and I know it is possible. In our age where a new iPhone comes out every week, I see no reason we can’t kick mental illness where it hurts. That is why I encourage everyone reading this to be vigilant. If you, or someone you know, is experiencing mental illness, reach out. There is nothing more powerful than a connection. Anxiety, depression and other such mental conditions get their power from creating a sense of solitude in our mind. My brother was lucky to have a supportive family by his side, but some people don’t have that. Facebook, Instagram and other such social media networks are incredible. They allow us to stay in touch with friends and family on the other side of the world. But there is a flip-side: Cyber-bullying, trolling and online attacking is real and it can be very dangerous due to the anonimity of social media. One of my favourite quotes reads, ‘If you see evil and you do nothing, you are contributing to the harm,’ and it is true for the online spectrum as well. If you see something that doesn’t feel right, in person or online, or you’re concerned about someone you know, speak up and ask them if they are okay. One kind word can make a world of difference. Who knows, you might even save a life in the process. QUT PLT is sponsoring QUTLS’ Mental Health Breakfast which will be held on 10 October to coincide with World Mental Health Day. Stay tuned with our Facebook page for more details. 15

Vanu Similarities an By Damien Owens I have been living in Port Vila for the last several months. While living here, away from my home city of Brisbane, I have continued my legal study online. I have also been lucky enough to gain some voluntary experience with the Office of the Public Prosecutor of Vanuatu. Through this experience, I have been able to observe some of the similarities and differences between the legal systems of Australia and Vanuatu. Vanuatu is a heady mix of cultures – and legal systems. Through its history, Vanuatu has inherited a unique combination of English, French and Customary Law. English and French are official languages, while a local creole known as Bislama has become the lingua franca for the majority of Vanuatu’s population, especially in Port Vila. There are also about 200 living local languages. Most matters heard in Vanuatu Courts, particularly at the Magistrates level are heard primarily in Bislama. Chapter 12 of Its Constitution guarantees “rules of custom” are the foundation of land law in Vanuatu. This includes, amongst other things, that all land can only be owned by “indigenous citizens”, unless otherwise approved by the Government. The role of “chiefs” and “village or island courts” are also enshrined in the Constitution. However, the role of international law also plays an important role in Vanuatu, particularly case law. Principles of Australian case law are highly influential. A walk around the largest law school library in Port

uatu: nd differences Vila located at the Emalus campus of the University of the South Pacific reveals many of the same textbooks used in Australian law schools. While sitting in on a Supreme Court matter, in the public gallery, I heard the Prosecutor argue their case utilising Australian, American, English, Fijian and Vanuatu legal precedents. For what was a relatively uncomplicated and routine matter in a Queensland Court, became a potentially important precedent-setting matter for Courts in Vanuatu. Having worked within the Queensland Courts for a number of years, I have never witnessed a matter such as the one described above attract so much foreign domestic material. This may be due to the absence of legislation regulating this particular matter, but it is also illustrative of the uniquely complex system that legal professionals in Vanuatu successfully work with on a daily basis. Their language skills are also enviable, with the majority of people speaking a minimum of three or four languages with fluency. Overall, I have and continue to, enjoy my time in Port Vila and Vanuatu. I have relished in its unique mix of cultures and legal systems. It has a truly welcoming and multicultural feel. If ever you get the chance to visit, it comes highly recommended.

Are streaming services turning us Un-Australian? By Abigail Wood

ust the other day I was in the car babysitting two particularly bright 10-year-old girls. To pass the time we were playing a game that involved running through a series of hypothetical questions. It came to my turn and I asked what I thought was a very simple question, “What would you do right now if I tripped down the stairs and broke my leg?” Without a moment to spare they quickly replied, “Well duh that’s easy! I would find your phone and quickly call 911.” I sat there startled by the fact that these young Australian girls were more in touch with the American way of life than they were Australian, and at that moment it hit me. No longer are we limited to the Australian produced shows like ‘Neighbours’ and ‘Home and Away’. With the introduction of streaming services, we are constantly surrounded by shows from across the globe. For so long I have only viewed this as a positive because it has made binge-watching the latest and greatest shows so much easier. I have now realised, however, that the media industry acts as such a valuable tool in shaping and reflecting our 18

ideals of national culture and identity, something that we may be losing with the introduction of streaming services. It is so important to recognise that content produced in Australia reflects and shapes our national identity, character and cultural diversity and this is not something that we can just let slip away. The Australian government acknowledges the important role that the media plays in shaping our ideas of culture and identity and as a result implemented legislation that controls the quantity of Australian shows that are to be televised each day. Whilst this legislation is undoubtedly important it seems to me that the relevance of it is dwindling with so many of us using streaming services. This is evidenced in a recent survey which indicated that 5.75 million Australians have subscriptions

to streaming services. There is no doubt that global digitalisation has changed our viewing habits immensely. With so many of us consuming media on this new platform it seems only natural to have the same form of legislation that exists for television to follow over to streaming services. This will ensure that Australian people still hear Australian stories. To me, it seems slightly worrying that there are currently no legislated quotas for Australian content on streaming services. I can’t be the only one who learned the unique form of Australian satire from ‘Kath and Kim’ or witnessed the Australian outback landscape for the first time on replays of ‘McLeod’s Daughters’. For this reason, I urge the Australian Government to follow in the way of Europe. The EU have formally recognised the

importance of showing their own culture and identity to their citizens, with these European countries now legally requiring streaming services to show local content. They have done this by creating a 30% quota, ensuring that 30% of all shows on streaming services must be locally made. Without these changes, I fear that we will become a country that is more in touch with the culture on our screens than the culture in our backyards. Most importantly I worry that without changes we will become more aware and concerned with what is happening on the other side of the globe rather than what is happening in our communities. I am concerned that we will become a country that forgets to listen, learn and embrace our own Australian stories.

The Musings of A

Middling Law Student By Dylan Ford 20

o the students who are so deep in the tunnel of their prestigious Bachelor of Laws (Honours) that they cannot see the beginning or the end. Faced with the dreaded LLB300s and the knowledge that you’re so close to your last attempt at a clerkship. While eagerly waiting for the lecture slides and figuring out how to apply the case law without reading it, you question if this is really what you want to do. Hoping that 4s open doors is a philosophy that is somewhat true in the real world. If it is true, 5s must wedge the door open, 6s get you a crowbar and 7s blow the doors wide open. So why be satisfied with the 4, when you could get a 4.5? To the students who think they are simply surviving law school as opposed to thriving in the piles of legislation, case law and tutorial problems, heed the babbling perspective of another person who’s spinning their wheels in the semester grind. These are some tips to stop your career fears for an industry that you may not think you’re cut out for or even still interested in. Coming from someone who mismanaged their time so much they didn’t open Control of Government Action until revision week. - Don’t Get 8 Hours of Sleep Per Night This is contrary to common societal and medical advice but there is only so many hours in the day. Balancing part-time work, volunteering, lectures, tutorials, assignments, exam preparation, mooting and your family commitments is the chaos of tertiary study we all agreed to. Imagine how much more you’ll be able to get done if you turn that 16 hours of the day into a full 24. That’s extra time for studying, meal prep and neglecting the gym. Use this life hack to get hours ahead of your peers throughout the semester. - Always Put More on Your Plate No biography worth reading is without adversity, suffering and challenges. Coming from a working-class background is boring, so to personally overcompensate for that,

leave every piece of important work to the last week. That way the inbuilt stress you feel is so pressurised you’ll be submitting diamonds to Turnitin for that research paper. Emotive verbal advocacy sells your arguments and nothing is more emotive than throwing away your outline of argument and speaking from the heart. - Stand out in the Industry We need to put ourselves out there and network to succeed. However, you need to stand out from all the other students who have heard the same advice. Take the road less travelled at industry events and commit to being the fly on the wall. The brooding, serious type watching from the bar. Pretend to know something no one else does. While the professionals are distracted by student antics, you have mystery, they’ll jump at the opportunity to work with you when they get to know you. Get their attention by doing nothing at all. Work smarter not harder. - Have a Mentor Having someone to aspire to and inspire you is a great professional help. With all the work and pressure, clarity and direction is a powerful motivator. Look at all the TV lawyers you idolise, Saul Goodman, Cleaver Greene, Harvey Specter, Mike Ross, Alicia Florrick, Martha Costello and Lionel Hutz. They are all successful practitioners with non-existent or tragic personal lives. Embrace the correlation. To truly be a professional you must be related to criminals, be divorced or act cruelly. Follow their pathway of success and sew the seeds of resentment into your personal relationships, you’ll survive the awkward conversations at Christmas when you make partner. - That’s It Those are my hot tips for personal and professional growth. Please keep your salt ready when applying them to yourself and good luck with the rest of the semester.

Aurora Internship experience By Ramisa Raya In the June/July Holidays, I undertook a placement at Queensland South Native

Title Services (QSNTS) via Aurora Internships - an organisation devoted to letting students experience (and work in) organisations with an Indigenous focus. Growing up in rural areas all my life, some of my closest childhood friends identify as Indigenous and I had observed (although was not aware of the great gravity of) the types of systematic disadvantages they face, whether in education, health, or justice. It was through this experience that I applied for an Aurora Internship in the first place. I wanted to learn about the mechanisms put in place in my professional discipline (law) to achieve justice for this demographic. My purpose for studying law has always been visionary. I would explore the intersection between law and social work to serve a humanitarian cause, often in the context of disadvantaged groups and minorities. This is the rather common narrative of the aspiring human rights lawyer. Our core purposes coincide with one another, along with a standardised understanding of what upholding human rights actually means. We see key global organisations of justice - such as the UN, UNICEF, Amnesty International amongst many others - and develop the intuition that human rights work is, at heart, one of international law, governance, policy and criminal justice. And yet, the work of QSNTS is undoubtedly human rights work but served as a challenge to my preconceived notions. My first exposure to Native Title Law was in the context of the Real Property Law unit, and even then it was only a glimpse, and like most legal theory, mechanical and detached from human beings and their experiences. We learn about the cases only as a means of distinguishing radical title from absolute beneficial ownership, touching very fleetingly on the ramifications of imposing Terra Nullius and the need to reverse a misconception, but without ever delving into the extreme impact the process had on Indigenous peoples. Native Title in practice, however, is only ever about the people and how to empower them. Native title in practice however, is only ever about the people and how to empower them.

QSNTS works with Indigenous communities, for the communities, in order to empower them to reclaim the land that is rightfully theirs. Proving native title claims means that claimants often had to discuss their stories to demonstrate a personal connection to the land. Stories of what different landmarks and artefacts meant to them, where their family grew up and how their weekends were spent, the stories that pertain to significant areas of their land, passed by generations and generations on end. Reading the personal recounts made me feel connected to the narrator and often confronted. Sometimes, even the darkest events that signify a place, such as a murder or abduction, are only reflected in one line within a legal document, written only in a factual tone to progress the case. The exploration of the realities of trauma experienced fell into another discipline (perhaps social work) but not the legal. I was given various tasks during my placement, all equally immersive, whether it be complex and fascinating legal research or ad hoc administrative tasks. One of the tasks I loved doing was researching native title rights surrounding water. For example, can I claim rights to water if itâ&#x20AC;&#x2122;s outside my native title claim area? I was amazed that something this practical was not touched upon in great detail in the Native Title Act 1993 (Cth) (â&#x20AC;&#x2DC;NTAâ&#x20AC;&#x2122;) but that claimants had to rely upon government policy to make claims. Part of the research project involved writing recommendations for reform in the NTA, specifically to make some areas slightly more expanded and practical to the various circumstances faced by claimants. Looking at the past reforms to the NTA made me optimistic that the legislature is always looking for opportunities to improve the legislation (especially its caveats under practical considerations) and it exposes the reality of making the law targeting a vulnerable group. There must always be a continual change in place regarding the law and policies as a mechanism where the law is silent. It was especially the warm culture at QSNTS that I hold closest to my heart. I was amazed by how many of my fellow colleagues remembered my name, or checked in with me regarding legal tasks, or were flexible to my needs and unexpected issues that arose. The office was always rosy with good humour and colleagues who doubled up as good friends - a far cry from the stoic, avoidant television personalities of the typical legal professional. For any law students who want to do humanitarian work, gain invaluable experience in cross-culturalism and learn about Indigenous rights and injustices, or simply wanting to enhance their practical legal skills, I highly recommend Aurora Projects to you. I am looking to do another placement with them in the near future since I enjoyed this one so much. You can find out more about Aurora Internships and QSNTS here: http://auroraproject.com.au/

Careers Without Clerkships

By Calum Douglass and Anna Stubbersfield The QUT Law Society recently hosted the ‘Careers Without Clerkships’ event that was highly beneficial to all attendees. A panel of five knowledgeable and experienced professionals gave law students advice about attaining their future dream job without a clerkship. The panel consisted of Mark Thomas, Vijay Edwards (CBP), Chris Hargreaves, Brent Stowers and Drew Cutler. Below are some of their words of wisdom. Networking Many students cringe when they hear the word ‘networking’, but out of all of the advice given by the panellists, the importance of networking and relationship building was a recurring theme. Reading articles, posting comments and sending messages on LinkedIn can be a non-daunting, casual and inoffensive way to get your name out there and get noticed by the people you want to get noticed by. Another way to build contacts is by finding a mentor. QUT has a fantastic mentoring programme, which is a highly underutilised resource. Or there’s always the option to join and attend professional societies. There are specific associations for different industries, like the QUT Law Society. Extracurricular activities As students, we often feel as though there is a lot of focus on our GPA. The advice from the panellists was that, yes your GPA is important, but it isn’t the be-all-and-end-all. Make your resume stand out by signing up for activities outside of work and study, such as volunteering with a community organisation, travelling abroad or getting involved in a range of extracurricular activities. You never know what will resonate with the person that’s reading your resume. Options A major theme from the evening was that there isn’t only one path that will lead to success in the legal profession. When the panellists were students, they had aspirations to be one thing, and this aspiration evolved and shifted over time, as will ours. It might be a good idea to apply for and accept all of the opportunities that you come across. This approach will give you options, whereas a focus that is too narrow will eliminate possibilities that you may not even realise that you want. While we may have ideas now about what sort of law we want to practice, or whether we want to practice law at all, the reality may be vastly different to our ideas. Foot in the door As an undergraduate student going up against hundreds of other undergraduate students, the prospect of securing your dream job can feel like an unattainable goal. A valuable piece of advice from the panellists was to get a foot in the door of the company you want to work for by applying for a lower level job, such as a basic administrative role in another department. Once you have your in and you’ve proved that you’re reliable and hard-working, it’s relatively easy to move across or up within the organisation and secure your dream job that way. 25

“

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.

“

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

“

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

mccullough.com.au/careers

@MCRlaw 26

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.

“

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.

The Purpose of P

Why every school should offer female students t By Morgan Lynch

There are a number of changes every student encounters during the transition from the familiar comfort of high school to the great unknown of university life. As a law/ business student, this involved trading in my five-day school week for a more flexible three-day uni timetable (followed, of course, by an extra four days a week of poring over cases and deciphering legislation). I revelled in the opportunity to take more responsibility for my learning, and finally focus my time on the areas of study that truly interests me. But there was one small freedom uni life granted me that I have come to truly cherish: being allowed to wear pants. Whenever. I. Want. Don’t get me wrong, I LOVE wearing dresses and skirts. Nothing makes me feel more light and free than twirling my way around campus during the warmer months in a summery dress or patterned skirt. However, when winter rolls around, I revert (like many students) to the unofficial QUT uniform: a pair of comfy jeans and a nice, warm jumper. So, you can imagine how thrilled I was when Queensland Education Minister, The

Honourable Grace Grace, announced in July that all Queensland government schools will now have to offer girls the option to wear pants as part of the uniform. Much of the debate around this issue has focused on the link between skirts and girls’ decreased physical activity levels. After all, nothing screams “lost athletic potential” like an otherwise sport enthused kid too afraid to play soccer with her friends on the oval at lunch because her skirt may fly up. As a teenager who would rather poke her eyes out with sticks than play a game of netball, the pants-ban concerned me for an entirely different reason: my legs were cold! I used to dread walking to the bus stop at 7:00 am each morning in July, the cool winter breeze lashing harshly upon my unprotected legs. While I could cover my upper-body in layers of school jumpers, blazers and scarfs, my legs were left largely to fend for themselves, a pair of thin flesh-coloured stockings their only protection below the cut-off of my knee-length dress. Of course, my male friends faced no such problem, sitting comfortably in their classrooms in their nice long pants

Promoting Pants

the option to wear pants as part of the uniform throughout the winter months. It seemed absolutely insane that, even in the twenty-first century, I was considered less entitled to basic warmth and comfort simply because I was a girl. However, Minister Grace’s announcement only goes part-way to addressing this issue. The decision to offer female students in private schools the option to wear pants will still be left to the discretion of the individual schools.

young ladies wear dresses and skirts’. It’s time for all schools, whether public or private, to be dragged (kicking and screaming in some cases) into the modern era. After all, why should girls have to wait until university for their legs to be warm in winter?

I understand that, at many all-girls’ schools in particular, implementing a single uniform consisting of a blouse/skirt or dress stems from a desire to maintain a traditional private school girl image. It comes from an era when allowing women to wear pants was seen as an egregious, classless attack on femininity and the traditional social order. However, the choice to prioritise appearance over practicality, comfort and basic gender equality comes at the direct expense of their students’ wellbeing. Moreover, it creates a hypocritical dichotomy between the principle of female empowerment and modern thinking these schools claim to espouse, and the implicit message they send their students and the broader community that ‘proper

Where Is Our Democracy Going? By Hannah Burstow Last month, I was privileged enough to attend the screening of one of the most harrowing documentaries that the twenty-first century will ever see. Unfortunately, it is so harrowing that it may never reach public broadcast. ‘Border Politics’ follows human rights barrister (and one of my personal legal heroes), Julian 30

Burnside AO QC, in his global examination of the harsh treatment of refugees handed out by most Western democracies. Prior to 2001, Burnside acted in high-end commercial litigation cases. All that changed when he was asked to act pro bono in the infamous Tampa case, which exposed the early horrors of Australia’s treatment of refugees. Since acting in Tampa, Burnside has become one of the most outspoken defenders of the rights of refugees. Publishing numerous literary works and continuing to act pro bono in refugee cases, Burnside consistently speaks out against the failure of successive Australian governments to uphold international obligations. In Border Politics, Burnside confronts these issues head-on, explicitly questioning whether the West has lost its moral compass. Seventy years since the enactment of the United Nations’ Refugee Convention, Burnside finds it both shocking and terrifying that Australian and Western leaders are exploiting fear tactics surrounding border protection to extend personal political power.

The documentary is extensive, with Burnside traversing The United States, Scotland, France, Germany, Greece, Jordan, and Mexico to compare different political approaches in various communities. Visiting locations of immigrant magnitude, including the Zaatari Camp in Jordan, Lesbos in Greece, and the Mexican border, Burnside speaks candidly with locals, community leaders and academics. In examining the attitudes of these various nations, Burnside argues that society’s view of refugees stems from political leadership and vision. In New York, Burnside attended the UN Meeting on refugees, where the world’s political leaders agreed to settle just one million of the world’s 22.5 million currently displaced refugees. Later, walking the razor-wire-topped border of France in Calais, built to dissuade migrants, Burnside reflects on the World’s greatest refugee crisis since World War II. In putting heavy fences up, governments are admitting that people want to move. People need to move. People are desperate to move. So why are we so cruelly shutting them out? He fervently brings the issue back to government leadership at every turn the documentary takes. He argues that governments that increasingly project xenophobic fears, falsely label refugees as economic migrants and terrorists, and use refugees as political scapegoats to effectively curb their citizen’s civil liberties.

The government’s attitude towards refugees grows ever more hostile, as the conditions in offshore detention continue to be swept under the rug. As Burnside eloquently puts it himself, “The human dimension of the problem is kept well hidden. The tragedy is that those who suffer from it are politically irrelevant, and those who have the power to change it either do not know or do not care.” Burnside and documentary Director, Judy Rymer, is currently touring Australian capital cities and screening the documentary in intimate private cinemas. Following the screening, viewers are treated to a Q&A panel. At the Brisbane screening that I attended, Burnside spoke of the growing disparity between the government and the community in Australia. He encouraged the public to challenge their parliamentary leaders in the humane treatment of refugees. He also was adamant that our politicians are lying to us. And as for Border Politics Director, Judy Rymer, a veteran filmmaker of forty years – this is her first film to ever be refused by public television. Shouldn’t we be asking why? And as the documentary tagline reads, should we be asking: “Where is our democracy going?”

All Australian citizens will be familiar with this rhetoric, the ‘stop the boats’ rhetoric: it started in the Howard era and has spiralled into the fear-tactic peddling of current Minister for Home Affairs, Peter Dutton. Dutton is my federal MP, and I have personally written to him several times to no avail. The rhetoric that Dutton has adopted is becoming more venomous as time passes. In recent comments, the MP has urged Australians to stop showing ‘compassion’ to those seeking asylum. 31

River To rooftop

By Rebecca Humphries

On the 20th of July, sixteen law and justice students kicked off Semester two in style by helping the Women’s Legal Service raise essential funds by participating in the 2018 River to Rooftop Challenge. It was certainly appropriately named, as the 1040 steps up to the roof of One One One Eagle Street were not exactly a walk in the park. Although one member of the team, Jonathon Easton, managed to make it to the top in a blistering 8 minutes and 10 seconds! Spoiler alert: the rest of us weren’t quite that quick. It was heartwarming to see the enthusiastic response from students who were eager to participate and raise funds for an organisation that is close to the hearts of many students. The team were incredibly passionate about the work that the Women’s Legal Service do to support and empower women who have experienced domestic violence or family law issues. As students developing an understanding of the legal system, it is not difficult to imagine how challenging it must be for women to try and navigate an unfamiliar legal system, where the processes and rules can be complex at the best of times while dealing with the stress and uncertainty of their situation. While not only providing support to women through their Rural, Regional and Remote Priority Advice Line, Counselling Notes Protect, and as Duty Lawyer’s providing pro-bono assistance (just to name a few), they have also spearheaded community development projects to provide women with specialist support when applying for domestic violence protection orders and law reform to address inadequate self-defence laws in the face of life-threatening violence. The advocacy that the Women’s Legal Service has been providing since their formation in 1984 has been vital for thousands of women in ensuring their legal rights and safety are protected through access to justice. Their work is crucial for the women of Queensland, with every dollar raised by participants ensuring that the fantastic women at the Women’s Legal Service can work towards making sure no call for help is left unanswered. The pain of the climb was worth the gain knowing that we were raising essential funds that will contribute to the ongoing success of the Women’s Legal Service. It is at events like this that I am reminded that while people may make unsavoury jokes including lawyers and sharks in the same sentence, there are so many law students and lawyers willing to step up to help make a difference in the lives of vulnerable women and children across the state.

e m a The g hanged. c s a . t h i f o t r a p Be nger

mecha intersga

We have changed our offering. Graduates who join MinterEllison have the opportunity to change the game when it comes to their future and career.

graduates.minterellison.com MinterEllison minterellisongraduates minterellison

Model Student: Assessment should reflect the real world By Rianna Shoemaker This evening I was scrolling through Facebook (as many students do when procrastinating) when I happened upon an interesting dilemma. A prospective student posted on the Queensland University of Technology (QUT)’s Facebook page for law students, seeking advice on whether they should study law at QUT or at the University of Queensland (UQ). The general consensus was that UQ’s law program has a theoretically-heavy basis, whereas QUT emphasises practical skills, such as mooting. Commenters also made mention of the fact that UQ’s high OP cut-off ranking can sometimes promulgate a sense of arrogance among, and from, their law students. One recurring comment that really stayed with me was the commonality of assessment weighted at 60% or more, particularly exams. Being a third-year law student, the 60% exam is no stranger to me. However, the more time I spent pondering the issue, the more agitated I became. Why is it that universities in Queensland, such as QUT and UQ, prioritise such heavily-weighted exams? What skills do markers believe students display in exams that they don’t show in, say, advocacy, group presentations, or essays? I sought to find the answers to my questions. An article in The Conversation suggested exams have multiple benefits: “They enable us to accurately test students’ breadth of understanding, they deepen learning through the process of searching through ones’ memory, and they are harder to cheat on.” However, this article also mentioned that exams should be used in conjunction with other forms of assessment and that “each task should be appropriate to a specific goal or skill it is addressing.” Dr Nate Kornell said that cumulative exams take advantage of the spacing effect: if you have already studied something, studying it again after a delay can produce a huge amount of learning. Dr Kornell strongly advocated for what he called long-term spacing where teachers leave a significant gap between when they first teach the material and when it is assessed. He said, “In a perfect world, students would have to take the exam a year after completing the course. The advantage of this is that even a small amount of spaced study can produce long-term learning.” His argument is predicated on the assumption that uni students study in the weeks leading up to the exam, and not the night before, like some. There are certainly benefits to exams as a form of assessment. They are an easy way of testing if students have done their research and put in the hard yards. Exams are also a good method of promoting healthy competition among students. However, exams in the law school, or any kind of exams with a high degree of pressure riding on them, have a strong link to mental illness, depression and stress in students. Sydney University’s Brain and Mind Institute released a report last year that suggested that up to 40% of law students experience psychological distress severe enough to warrant medical attention – a higher proportion than those working in the legal profession – and that 36

up to 80% of students who suffered depression in the report raised study as a significant stressor. Lawyers Weekly asked their readers via Facebook, ‘Why do law students experience mental health problems at a higher rate than other students?’ 72% of responses pointed to external factors, including the demanding nature of a law degree, hyper-competitiveness of students, and lack of downtime as key causes for high levels of psychological stress. Padrig Langsch, a student from Ireland said, “Try to remember 300 cases when at the same time you know that your entire future will be determined in one exam,” and Noura Abughris said there was “too much bloody reading!” As concerning as 60% exams are (and they certainly pose a cause for distress) some Australian universities weigh exams at a larger 90% or 100%. The Law Council of Australia reportedly has serious concerns about the benefits of 100% exams. Their Editorial Officer, Ben Caddaye, told Lawyers Weekly that the council’s own research indicates 100% exams are an unnecessary stressor on law students. Caddaye said, “Skill development cannot be achieved through 100% exams.” Disproportionately-weighted exams favour a certain kind of student: those that perform well under pressure with a time limit. Performing to a high standard of excellence is a skill beneficial in the legal industry. However, as a practising lawyer once said to me at a dinner, there will never be a situation in the ‘real world’ when lawyers don’t have access to research, so why should we be limited as students and future legal practitioners? 100% exams are primarily used in elective subjects. No Australian universities are known to use the assessment method for any Priestly 11 subjects. Nationwide, 100% exams are considered to be one of the most administratively simple and cheapest ways of marking students. This neglects the high-fail rate commonly associated with such exams and the increase in student depression and mental illness. Exams are undoubtedly an important method of testing education at university, especially of a legal nature. However, if QUT really is the ‘university for the real world’, it is high time they question whether such heavily-weighted exams are beneficial for law students, both now and in the long-term.

Practical Legal Training

Choose a PLT with firm connections Relationships with more than 350 placement providers. Get hands-on experience as part of your course with a four-week placement in a law office that we will source for you through our relationships with firms, government and non-profit organisations. Or, if you’re already working in a law office, you may be eligible to claim credit for your real-life legal work. During our course you’ll learn by working on simulated legal problems and tasks—the type of work that lawyers undertake in real-world workplaces: • • • •

interviewing and negotiating drafting legal documents writing legal letters executing property, litigation and commercial transactions and proceedings.

Throughout the course you’ll build a portfolio of practical know-how and develop professional communication skills and workplace productivity skills. As a student in our course, you benefit from direct and indirect contributions from practicing lawyers. You will enjoy the support of staff who have practised law as solicitors and barristers.

500 PLT students went on work placements we sourced for them in the past three years

CRICOS No. 00216J

Flexibility We offer full-time on-campus and external (online) PLT, as well as part-time online PLT. International students may only enrol in full-time, on-campus courses. All our courses start with a five-day attendance school on campus. We then deliver the rest of the course online to our external students. If you enrol in our ‘Interactions’ unit and our criminal practice elective, you will have the option to attend on-campus, or SKYPE-in for court hearings. If you’re already working in a private, community, in-house or government law office you may be eligible to enrol in our part-time (in-practice) course, and receive credit for our ‘Interaction’ and ‘Placement’ units based on your real-life work experience. Our part-time (general) course is for you, if you wish to study part-time online, but you do not work in a law office.

Professional recognition The course is approved by the Queensland Legal Practitioners Admissions Board as meeting the practical training requirements for admission to the legal profession in Queensland.

Entry requirements Our course is open to students with a completed Bachelor of Laws degree or a Juris Doctor degree, however, you can start with two units of study left in your undergraduate law degree, as long as those two units are not ‘Priestley 11’ units and you satisfy the Queensland Legal Practitioners Admission Boards ‘early start’ requirements. Contact us if you need more information about early start requirements.

Scott Vanderwolf ‘I chose to study my undergraduate degree at QUT based on the strength of its reputation in both teaching staff and graduate outcomes. I connected with my graduate employer through QUT’s graduate employment register which is circulated for PLT students. I undertook my four-week placement with the firm, and was offered a position after the conclusion of the placement period.

Practical Legal Training 40

CRICOS No. 00216J

Graduate Diploma in Legal Practice • •

24 weeks full time; 34 and 38 weeks part time (excluding breaks) Online or on campus at QUT Gardens Point (Brisbane CBD) July 2018

August 2018

January 2019

February 2019

On-campus attendance for all students

Start: 16 July 2018 Finish: 20 July 2018

Start: 3 September 2018 Finish: 7 September 2018

Start: 28 January 2019 Finish: 1 February 2019

Start: 11 March 2019 Finish: 15 March 2019

Full-time online or on campus Start: 21 July 2018 Finish: 14 December 2018 (or 16 November 2018 with credit for LPP118 placement)

Full-time online Start: 20 August 2018 Finish: 15 February 2019 (or 21 December 2018 with credit for LPP118 placement)

Full-time online or on campus Start: 7 January 2019 Finish: 21 June 2019 (or 24 May 2019 with credit for placement)

Full-time online Start: 18 February 2019 Finish: 28 June 2019

Part-time online

Start: 2 July 2018 Finish: 5 April 2019

Start: 20 August 2018 Finish: 5 April 2019

Start 7: January 2019 Finish: 20 September 2019

Start 18: February 2019 Finish: 20 September 2019

On-time applications close 29 June 2018

On-time applications close 13 August 2018

On-time applications close To be advised

Dates subject toclose change On-time applications To be advised

CRICOS Code 009034F

All dates subject to official confirmation.

Contacts Email: law_enquiries@qut.edu.au Telephone: 07 3138 2707 Apply now www.qut.edu.au/study/legal-practice

23326

Practical Legal Training

41 CRICOS No. 00216J

President Jake Stacey

president@qutlawsociety.com

Vice President Jack Bristed

vicepresident@qutlawsociety.com

Treasurer Rana Lateef

treasurer@qutlawsociety.com

Secretary Michael Webster

secretary@qutlawsociety.com

Director of Competitions Annalise Spurge

director.competitions@qutlawsociety.com

Director of Moot Club Helen Driscoll

director.mootclub@qutlawsociety.com

Director of Education Ebony-Lee Corbyn

director.education@qutlawsociety.com

Director of Events Yehanka Ranasinghe

director.events@qutlawsociety.com

Director of Media and Communication Charlotte Mann

director.mediacommunication@qutlawsociety.com

Director of Sport and Health Lucy Hammond

director.sporthealth@qutlawsociety.com

Connect with us on... QUT Law Society Website www.qutlawsociety.com Facebook www.facebook.com/qutlawsociety/ Instagram @qutlawsociety LinkedIn QUT Law Society

Proudly Supported By...