Hilarian crew present:
L I P M A N
In Association with Lipman Karas:
K A R A S
LaW
LK
L I P M A N K A R A S
Through the Ages A look at all things legal from the beginning of the law until a short time afterTHE Kirby retired HILARIAN 02/2012 -1-
L I P M A N
K A R A S
LK L I P M A N K A R A S
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Lipman Karas is a specialist legal practice representing corporate, government and private clients.
A career at Lipman Karas provides opportunities and experiences that are unrivalled in South Australia.
With offices in Adelaide, Hong Kong and London, our team has a proven track record of consistently outstanding results in some of the most challenging, complex and high profile commercial litigation in the Asia Pacific region and internationally.
Lipman Karas offers practitioners a chance to work with lawyers who are recognised as leaders in their field on litigation projects, investigations and inquiries that are unique in both magnitude and complexity across many jurisdictions. Clerkship applications close 22 April 2012. For information regarding the application process please visit www.lipmankaras.com
a specialist legal practice
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Contents 4. 5. 6. 8. 10. 12. 14. 15. 20. 22.
From the Editors CLE is a Super Cute Subject News of the Week What we don’t think about... Law in the Middle Ages With Liberty and Justice For All Law of the Future AULSS Reports How To: Socialise An Aurora Native Title Internship
Editors: Will Maitland, James Stewart, Lily Black and Patrick McCaffrie Contributors: Shane Horne, Alexandra Lontos, Amanda Frasca, Carlisle White, The AULSS for 2012 Publisher: Rainbow Press This publication does not represent the views of the University of Adelaide Law School. This publication is not endorsed by the University of Adelaide Law School or the University of Adelaide generally. This is a satirical publication and it is the sole production of the University of Adelaide’s Law Students’ Society. THE HILARIAN 02/2012 -3-
FROM THE EDITORS The election of the infallible leader Charlotte Thomas and the GUILTY party to the Law Students Society caused joyous celebrations amongst the happy and contented residents of the Adelaide Law School. This LSS-operated magazine congratulates the successful candidates on their deserved victory and looks forward to living under their benevolent rule. In particular, we extend our warm congratulations to several of the candidates who received 110% of the vote – a clear display of how popular many of the GUILTY candidates are and how much support they received at the elections. Furthermore, the editors wish to officially encourage all our dignified and respected student representatives to extend their term of office for however long they deem appropriate; we are sure their decision will be considered and correct. Under the effective leadership of the GUILTY party the Adelaide Law School will enjoy many great things and will be a place of happiness and pleasure at all times. Long live the LSS! In other news, we bring you a rollicking good edition where we take a look at the metamorphosis of law through time, culminating in a sneak peak at what we can expect to see in the coming years. Our contributors provide us with a ‘How-To’ guide to socialising, a recount of Aurora Internships and an exquisitely written and somewhat existential look at self-perception. We see what’s been happening around the world over the past week and hear from the outgoing LSS. There might even be a preview of a soon-to-be-released novel starring one sultry Adelaide Law School lecturer – in what has been described as literature’s answer to an orgasm. Hold tight – in the words of Mohombi, it’s gonna be a bumpy ride.
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CLE is a super cute subject Lily Black
If you haven’t done all your electives yet, I could not recommend Marg Castles’ CLE program more. Basically, APPLY FOR IT! If accepted, Marg will put you in a oneday a week placement at a legal service in Adelaide. I’m sitting at the Welfare Rights Centre right now. The service helps those who have a dispute with Centrelink. In between writing this, I’ve been providing legal advice over the phone, reported a domestic violence threat to my supervisor, written a submission for the Social Services Appeals Tribunals in which I am to appear next month and also checked out some colourful pants online (the volunteers on Thursdays are super girly….cute!).
seminars (my favourite discussion was about Breaking Bad’s Saul Goodman) and really a subject without lectures is a cute subject. Sometimes a client’s problem can be highly emotional and very upsetting. The readings and your supervisor get you through and eventually you develop skills in dealing with tough issues. The occasional “do you think I should buy this garment on eBay even though it has 3 pulled-threads?” and office chit-chat has also helped in keeping the office light in between difficult clients.
Other placements include the Magistrate My case-file management, client-relations Court, Legal Services Commission, Police and legal writing skills have improved Complaints Authority and others. considerably from this placement. Marg provokes relevant and interesting GET ON IT! discussion during the fortnightly
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News of the Week Al-Qaeda admits tag-team bombing SCHEME IS DEAD IN THE WATER Will Maitland In an uncharacteristic display of candidness, leader of the militant Islamist group Al-Qaeda and avid stampcollector, Ayman al-Zawahiri, today confessed that the ‘buddy’ system that had recently been adopted by the group’s suicide bombers was a “waste of resources”. In a press release adhering very much to the style ...we have to think about shareholders and employees... adopted by his predecessor, Mr Zawahiri confirmed that the organisation was having to cut-back on spending due to the recent global economic downturn. The leader stated that unless volunteer numbers increased in the coming months, jobs would have to be cut and the business remodelled: “While many of our suicide bombers feel a greater level of support going into missions together, we can no longer sustain our abnormally high casualty rate” stated the leader. “What with the financial crisis and the recent spike in the cost of Semtex we are having to scale back and that means letting one man do the work originally assigned to two”. Stakeholders of the Sunni organisation have been generally supportive of management’s decision to mitigate the loss; however, certain extreme members of the board have resigned in protest, declaring that they would rather blow themselves up than support such a drastic, and potentially life-saving decision. Despite this show of disapproval, Zawahiri has confirmed that the organisation’s standard superannuation offer of seventy-two virgins has resulted in a “consistently high employment satisfaction level over the previous financial year”, but then conceded that “very few employees have ever filled out the post-operation feedback forms that were supplied with the suicide bombing kits”. While little has been known of the organisations activities since the death of their former leader, the US foreign office has alleged that the Islamist figurehead and his contingent were heavily involved in the ‘Occupy’ movement of September 2011 in a bid to replicate the havoc experienced in New York ten years earlier. Hilarian tried to reach Mr Zawahiri or a spokesperson for comment but received no response. SCIENTISTS HIT ON CURE FOR ‘BIEBER-FEVER’ Patrick McCaffrie “Bieber-fever”, which has currently claimed 137 lives, may finally have a cure. Scientists in Germany have claimed that a cure to the mystery illness is simple enough; a penis. A group of scientists from the University of Munich found that of the people who participated in their study, 99% of those, when given a penis, did not suffer any of the symptoms of “Bieber-Fever”. Upon receiving a penis, sufferers ceased screaming, yelling, grew disinterested in Justin Bieber, lost Some say a penis may even cure J-Bieb the rash on their right forearm and developed an appreciation for proper music. himself THE HILARIAN 03/2012 -6-
News of the Week LAW STUDENT USES NON-APPLE PRODUCT WHILST AT UNIVERSITY Carlisle White In an astonishingly public display of disrespect, a seemingly normal 21-year old male law student was yesterday arrested on suspicion of intentionally using a non-Apple laptop in the library. The Hilarian was understandably eager to name and shame the suspect, but strict censorship laws have prevented this. The identities of students accused of using non-Apple products are compulsorily protected until later on in proceedings, similar to the treatment afforded to terrorists, war criminals and serial sex offenders.
Authorities deal with the offending instrument Despite the alleged offender being unbelievably awarded “rights” after he was swiftly arrested, an unnamed Ligertwood insider was able to provide an insight into the circumstances surrounding the offence, one that carries a maximum penalty of solitary confinement for life with no visitation rights or possibility of parole. “My friends and I were just sitting in the silent area of the library, harmlessly laughing at poor people, when all of a sudden my friend poked me in the ribs with his iPad and whispered ‘look right’ in my ear. I darted my head to the side and as soon as my eyes came into focus, I nearly fainted. This guy was just sitting there, typing, and his computer, like, didn’t even have an apple on it. I, like, couldn’t believe what my eyes were seeing. I didn’t even know what to do, so I just, like, Instagrammed it and it got, like, 53 likes haha”.
Shortly after this interview was given, the unnamed witness was chaired out of Ligertwood and praised by fellow students for embodying the core values of Adelaide law school – elitism, ignorance and wealth. She was rumoured to have recently acquired a cherished summer clerkship based on both her last name and the runaway success of her fashion blog. Aside from this admirable and brave display from the whistleblowing Instagrammer, the accused non-Apple user’s behavior has sent shockwaves throughout the entire state. Today, Premier Jay Weatherill announced a full-scale parliamentary inquiry into both SATAC and the entire tertiary education system, aiming to pinpoint precisely how this student managed to slip through the cracks and enrol in law. Premier Weatherill also wasted no time in dismissing the Minister for Education and proposing a drastic cabinet reshuffle. In an unprecedented show of bipartisan support, opposition leader Isobel Redmond agreed wholeheartedly with these decisions, emphasizing the importance of “weeding out destructive students” and how this needs to be “a priority of any State government – Labor or Liberal”. Statewide protests have also begun en masse, along with calls for legislative changes targeted at ensuring that a catastrophe of this sort never happens again. An influential and high profile Adelaide lawyer, who did not wish to be named, was quoted as saying: “not since the Toshiba Rebellion of 2003 have I seen such blatant disregard for the laws of our proud state”. A midnight candlelit vigil commenced last night outside the Federal Department of Immigration and Citizenship’s Adelaide offices, with protest leaders telling the Hilarian they “will not rest until this ‘person’ has his citizenship removed”. A fellow protester, also an Adelaide law student, stated that it was “revolting that someone who was set to one day be trusted with the law could disrespect it in such an atrocious way”. The accused is set to face the Magistrates Court on August 10th. THE HILARIAN 02/2012 -7-
What We Don’t Think About When We Think About Ourselves: Self-Image and Perception
Shane Horne
W
hat do you think about when you picture yourself? What are your tastes in music, literature, fashion and people? What morals and ethics do you adhere to? What are your religious and political stances? What’s your heritage? Do you care what other people think of you? You probably don’t sit down and spend a whole lot of time considering the answers to these questions and contemplating your selfimage in an intensive, reflective way. But on a daily basis you’d do it almost unconsciously, like second nature, and on a much smaller
scale. The aspects of who you are—such as the answers to the questions above—culminate to illustrate the person you are and therefore the person you project on to others. But how often do we seriously reveal the extent of all these aspects to other people? Our self-image is one we construct ourselves. This self-constructed image has a myriad of influences and inspirations and— hopefully—is constantly in flux. It’s probably safe to say that most people place the aspects of their self-image into some kind of hierarchy, such as aesthetic, taste in music and literature, religious and political views, sporting preferences, etc. The list could go on. The structure of your own hierarchy will most likely be prevalent from how you see yourself and how you wish for others to see you. How you dress, where you go at night, what music you listen to, what books you read: they all influence your self-image. We might hope to be truthful and not hide anything but who can honestly say they do that all the time, always? When we meet someone new, we project on to them an image of ourselves that we find most attractive, or unattractive given the person and circumstance. Now this isn’t to say we’re being fake or lying to them (although some people may consciously do that); it’s more that
The Hilarian is sponsored by Lipman Karas and Clayton Utz
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we’re simply withholding information we don’t deem relevant or aspects about ourselves that could be detrimental to that person’s view of us. Why do we do this? It’s an unspoken paradox we rarely think about. We sacrifice truths about ourselves for the sake of someone else’s opinion. Integral parts of our personality are left by the wayside. Much of the time this may be circumstantial. You’re obviously not going to discuss your weekend sporting achievements with your thesis supervisor. You’re probably going to keep the discussion academic and try to increase your standing in their eyes. Similarly, you’re not going to reveal your illicit weekend adventures with your family or your boss, or divulge past sexual encounters with a new partner. Ignorance is bliss, for use of a better phrase. Of course most of these examples relate to people you already know. When it comes to people whom you’ve just met, depending on whether you hold them in high regard or not, you’re only going to reveal certain things about yourself that you believe they’ll find interesting, thus increasing the likelihood that they’ll dig you. You may not believe this to be true but think about it for a minute. You do it. Everyone does. It’s near impossible to not. The only variable is how much you do it. Some people may tell you they care not what others’ think of them. I believe that to be bollocks. This may be correct regarding certain people—people they have little respect for or interest in—but they surely have friends or family whose opinions they’d hold in high regard. And there’s your paradox: you can’t help but project a carefully constructed image of yourself on to others, regardless of who they are, even if you try to believe the opposite. Now, in relation to this self-image and how people regard us, there are some instances where our self-image could be inflated or tainted by others. Having this happen could lead to change in how we view ourselves. Why should we let this happen? Our saving grace in
such a situation is our ability to reason. In ‘Status Anxiety’, Alain de Botton puts this brilliantly, as always, saying that ‘according to the rules of reason, a given conclusion is to be deemed true if, and only if, it flows from a logical sequence of thoughts founded on sound initial premises.’1
“... you’re not going to reveal your illicit weekend adventures with your family or your boss...” Essentially, if some mongoloid feels an overwhelming urge to talk smack about you behind your back—or has the audacity to do it to your face—you may call into question your self-image. Why are they saying that? Was it circumstantial? Do they have a personal vendetta against you? In all likelihood, you’ll come to the conclusion of ‘fuck them and the horse they rode in on and whoever sold them the horse’. The same can be said for someone who bestows an overly positive affirmation upon you. What’s their real agenda? They may just be trying to get something out of you. Of course, this is a rather cynical way of looking at it. Usually you’ll have the ability to judge these comments objectively and act accordingly. Still, such comments could inflate your self-image and be just as detrimental as the previous example. This article isn’t about proving the flaws in the way people think about how they act or are perceived. It’s purely about making you think. There is a paradox when it comes to our self-image and how we want others to perceive us. We just don’t consciously think about it all that often. You may believe you don’t care what others think about you but you do and you adjust your self-image to suit how you want those people to perceive you. I’m not offering any solutions, for there are none; you can’t escape it. But just being conscious of it will make you think about it next time you meet someone. Winter is coming. 1. De Botton, Alain. 2004. ‘Chapter 5: Dependence’. Status Anxiety. Penguin: London, 2009. 121.
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Law in the An Hilarian Middle Look at ges A 1
Queen Victoria herself. Note the second and third chins - the presence of which would undoubtedly have been impossible were this law to have remained active.
two courses in any one meal. In an t was illegal, from 1336 onwards, to eat more than III introduced this law which was to attempt to safeguard against obesity, Edward s. The law was repealed in 1862 by Queen remain in the statute books for over 5 centurie Victoria – go figure.
I
EATING MORE THAN 2 COURSES 2
3 Based on this law, we may safely assume that the hips of Good Queen Bess were indeed 3 feet wide
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n the reign of Elizabeth I, the use of cosmetics in female attire during the cou rting process was sufficient to amount to an anullation of a marriage. Among the offending ite ms were false hair, make-up, false hips and high-h eeled shoes.
WEARING MAKE UP THE HILARIAN 03/2012 - 10 -
Many believe this archaic somewhat law is the reason for Michael’s less-thanperfect visage and potential proof of his ‘childhood exploits’
ntil as recently as the 1920’s, criminals were mutilated so as to be more easily identified in the case of an escape.
U
MUTILATION OF CRIMINALS
In this brief exposé into the delights and wonder of medievality, Will Maitland looks at some of the bizarre laws that, for better or worse, burdened the normal god-fearing folk of the middle-ages. Here is a list of those that might be beneficial if re-incorporated into our own society.
4
A fine example of Trial by Combat. Here we see how the innocence of Sir Gawain has been firmly asserted over the undoubtedy guilty (and disturbingly naked) Sir Lamorak
A
ll those ‘Game of Thrones’ enthusiasts among us may be excited to hear that Trial ed by Combat was once a legitimate and inde common means of determining guilt. Slightly ng’ flawed by its propensity to favour the ‘stro y rather than the ‘innocent’, it faded into obscurit in the 16th Century.
TRIAL BY COMBAT 6
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Daisy’s intoxicated operation landed her the maximum penalty of beheading. This was considered relatively lenient given that she lived in an abattoir
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t remains absolutely illegal to this day to operate a cow while intoxicated. It carries a penalty of a brief prison sentence or a £200 fine.
DRUNK-DRIVING A COW 7
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n 1585 it became illegal for a woman to “cause a nuisance with abusive or argumentative language”. Any woman accused of ‘scolding’ would be forced to wear a ‘scold’s bridle’ . Not until the late 1960’s were women once again able to scold freely.
SCOLDING
At the Hilarian we like to live d a n g e r o u s l y.
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lacing a stamp upside-down on a letter is considered an act of treason, as is ripping one in half.
UPSIDE-DOWN STAMPS THE HILARIAN 02/2012 - 11 -
with liberty and There is an aura of prestige that follows certain universities worldwide, the Oxbridge education of the UK, the Ivy League colleges in the US, and even the Sandstone universities of Australia (yes Flinders and UniSA, it still counts). These educational institutions are normally a few more over the Law School’s nearly in desirable areas (sorry Flinders you lose 200 years. It’s then quite odd that the again) with impressive grounds (UniSA… State in which this esteemed institution HAH). When you add to these qualifiers a is based has a law prescribing jail time degree that gets you a job (no media, not for organising a public boxing match you) there is an assumption, sometimes (General Laws of Massachusetts Chapter even an expectation, that the graduates 256, section 12). or academics in these areas will change the world. In some cases they have, Despite the obvious need for this to take for example Harvard Law School quell the Irish immigrants of yore, it does in Massachusetts, which has produced present a question of how big an epidemic notable do-gooder and president of the is currently occurring to warrant a still NRA Sandra Froman, and a man capable applicable law banning street boxing? of winning a Nobel Peace Prize whilst The answer I would wager is not many, if bombing countries for oil: Barrack Obama. any, and with this feeble example in mind it seems almost crucial to compare the top These are just two of their famous, 10 law schools in the USA with the most notable alumni, and there must be at least idiotic laws of their respective states:
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justice for all
James Stewart
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The University of Virginia.
The University of Michigan Ann Arbor.
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In Michigan it is illegal to kill a dog with a decompression chamber (Act 339, section 287.279a, 1919).
Any person who is not married and voluntarily has sexual intercourse with anyone else is guilty of fornication (Code 1950, 18.2-344).
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Columbia University, New York.
The University of Chicago.
It is illegal to wear sagging pants in Collinsville, IL (enacted in 2011).
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The University of Pennsylvania.
Persons convicted of felonies cannot play the pokies (Section 105-113 Prohibited Persons).
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The University of California Berkley.
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All businesses must have spittoons and clean them once every 24 hours (Section 378.5D). Harvard University, Massachusetts.
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Candy must not contain more than 1% of alcohol (Chapter 270, section 8). Stanford University, California.
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You may only throw a Frisbee at a beach in LA with the coast guard’s permission (repealed February 2012).
All persons wishing to keep a rhinoceros as a pet must obtain a $100 licence first (Ordinance 581, Section 1, 1988).
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Yale University, Connecticut.
New York University.
Adultery is a crime punishable by $500 fine or up to 90 days in jail (New York Penal Code section 255.17).
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It is illegal to hunt and discharge a firearm on a public highway (General Statutes of Connecticut section 53-204).
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Law of The Future What does the future hold for the law? Patrick McCaffrie takes his crystal ball out of the cupboard, polishes it, drops it because the polish made it slippery, swears, tries to glue the pieces back together, gives up and just looks at the broken shards of his crystal ball to find out…what the law would be like in the future…
Tort Law
Criminal Law
Personal injury law will be altered to deal with the invention of personal jet-packs. There will be numerous personal injury cases leading to a new area of jurisprudence. Eventually the government will regulate jet-packs, tragically forcing Jet Packs: Torts waiting people to have to happen licenses for them. All of these legal developments and their relevance to the law will be documented in ‘Torts Law In Principle’ by Bernadette Richards the 17th.
The Criminal Law Consolidation Act will be amended to add a section on ‘Crimes of Annoyance’. Talking loudly on a mobile phone will attract a minimum 2 year jail term; it will be illegal to use twitter and asking questions d u r i n g lectures will become punishable by up to 5 years imprisonment or more if the question came at the end of a lecture and kept people waiting.
Legislation
The legislative process Immigration Law will also change as politicians are replaced Life on other planets will by SMS voting on all mean immigration laws proposed legislation. will have to be altered to Interested members of deal with refugees from the public have 5 minutes various corners of the to vote either for or universe that come to against a particular bill. Australia due to crises Which bills get voted on on their home planets. will also be decided by These refugees, or ‘Ship- SMS voting as citizens People’ as they will be are able to propose a known by Earth’s citizens, law via a simple text will create controversy message. While the Clooney’s interest in as various countries scope of public debate North Africa began in argue about who should will be significantly narrowed, Australia will pass the ‘00’s have to deal with them. a law formally recognising that Shane Warne was Eventually the UN will vote unanimously to house the best cricketer of all time. these aliens in The Maldives, New Zealand and the Republic of George Clooney (now Algeria – in 2025 Clooney gave the country $500 million So, when all of this happens, and rest assured it dollars in exchange for them changing the name will, do try and act surprised. of their country). THE HILARIAN 03/2012 - 14 -
1
From The AULSS President
Sophie Waples
So 2012 has almost come to a close – can you believe it? Like always, Semester 2 has been busy, busy. The LSS has been working hard to ensure that you get to finish off the year with a bang – packing in lots of exciting and interesting events before we finish off. The South Australian Law Students’ Council (SALSC) has been working hard putting together the Tri-varsity Law Dinner at the Adelaide Town Hall on Saturday, October 20th. This promises to be a fantastic event, so make sure you secure your ticket if you haven’t already! As the year comes (almost) to a close, I would like to wholeheartedly thank the 2012 Committee for working so hard this year. It has been inspiring working with such a committed group and I have thoroughly enjoyed it. I have also loved meeting so many of you and hearing all of your ideas, suggestions and comments. I sincerely hope that all law students feel that the LSS has added something positive to your Law School experience in 2012. I know that the 2013 Committee who are taking over on the 1st of December, with Charlotte Thomas leading the pack, will continue to rock your world. Until then, continue to enjoy our events and we’ll see you around soon!
Administration
Charlotte Thomas
“As Vice President (Administration) I am pleased to report the AULSS’s finances are in good shape. Special thanks to our hardworking teams in Activites and Sponsorship for securing our strong financial position! This year’s AULSS has done a brilliant job in setting up for a great year in 2013!”
Education
Molly Snaith “The Education Team are currently working on the subject guide for next year, a guide that will assist you in choosing your electives for 2013. We have also returned from the the Australian Law Students’ Council meeting in Brisbane who are planning some exciting education initiatives! We wish everyone good luck for their upcoming exams!” THE HILARIAN 02/2012 - 15 -
From The AULSS Competitions Report Its getting close to the end of the year and as such the competitions are all drawing to a close. First of all, a big congratulations to everyone who entered competitions this year, we had a record participation rate, with about 200 people getting involved in competitions in some form or another.We can now proudly (read: technically) say hundreds of people got involved in competitions this year. Secondly, an even bigger congratulation is due to all those who won competitions. Our ALSA Team for this year was comprised of: Open moot • Lloyd Wicks • Rebecca McEwen • Warwick Ambrose
Negotiations
Client Interview
• Charles Bruce
• Ellen Beattie
• Benjamin Bishop
• Igor Popov
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Sarah Ahern, first prize with Justice in the flux;
2.
Fahad Bin Solaiman, second prize with Hopes;
3.
Vivian James, third prize with Bush Barrister 2.
The Dean, Prof John Williams was very pleased with the inaugural Adelaide Law School Competition. It was an opportunity for our students, the community and professional photographers to ponder what their ‘image of justice’ would be. The winners produced work of the highest quality.
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2
The Dean congratulated the winners and thanked the generous sponsors, in particular Lipman Karas. Preparation for next year’s competition is already underway and he hopes to see more entries from the Law School in the coming years. The comps team is also proud to bring back the IHL Moot after a few years of stagnation. I would like to thank the entire comps team (Sam, Digby, Hannah and Caitlin) for their hard work over the semester; you guys have done a fantastic job. Special thanks to Caitlin Hartvigsen-Power for looking after our delegation at ALSA and resurrecting the IHL moot. I look forward to seeing what next years LSS does with the Portfolio we have built up.
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Michael Tsiavlis Competitions Director
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• Hugh Bond
© ALL IMAGES COPYRIGHT OF THE ADELAIDE LAW SCHOOL: http://www.law.adelaide.edu.au/images-of-justice/
And the winners of the Photos of Justice competition run by the Law School in the student category were;
Trial Advocacy
From The AULSS Social Justice Report For the past few years, it has been the function of the Social Justice portfolio to provide students of Adelaide Law School with an insight into the issues of morality facing Australian decision makers today. It is the aim of the portfolio to provide students interested in alternative, philanthropic career paths with the information they require to engage in such employment whilst making use of their legal training. This year, the Social Justice team strived to achieve these goals by continuing to provide law students with an opportunity to connect face-to-face with prominent actors in various conscience-based careers and positions. Three breakfasts were held in 2012, focussing on the contemporary issues of the effectiveness of international criminal prosecution, Australian refugee law and global poverty alleviation through microfinance. Supplementing this program was a movie night at which the sombre and thought provoking documentary “The Prosecutor” was screened. The calibre of guests that accepted offers to speak as part of the Breakfast Series has been exceptional. Speakers have included: • Mick Hourigan, Hague prosecutor and defence counsel to Muammar Gaddafi;
• Hannah Pagliaro, Hague internship participant and Adelaide based solicitor; • Jeremy Moore, prominent refugee advocate and President of the South Australian Guardianship Board; • Ant Clark, Australian Relationships Manager for Australia’s largest microfinance funding platform, Opportunity International. Particularly exciting has been the acceptance of an invitation to speak by Maj. Gen. Arnold Fields (ret) USMC, the economic and military tsar appointed SIGAR (Special Inspector General for Aghanistan Reconstruction) by the Bush administration to oversee the reconstruction of Afghanistan after the US invasion. Unfortunately, scheduling issues on Maj. Gen. Fields’ end have meant that his visit to Adelaide will likely be postponed until next year, but he has indicated that he would love to speak to Adelaide Law Students at an exclusive event at that time. Altogether, 2012 has been a very successful year for the Social Justice department, building on the (quickly becoming renowned) stature of the Breakfast Series and offering interesting and confronting insights into divisive current events. Strong relationships continue to be forged and fostered within the wider Australian philanthropic community and many guests have expressed that they would love to be involved with the Law School in some capacity in the future. Such connections are extremely valuable for the School and students wishing to pursue alternative career paths and we urge any student interested in doing so to contact the Social Justice department to obtain more information. Yours truly, The Social Justice Department
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From The AULSS Activities Report The Representatives for Activities 2012 give you the rundown on this semester’s highs and lows to date.
Pub Crawl
Our second pub-crawl of the year was a little bit more controversial than we anticipated. With stops at the Duke, the Dog and Duck and the Woolshed, law students were given the opportunity to relive those underage nights you spent at the Dog and Duck, cranking to the top 30 tunes that you now cringe thinking about; the drunken nights that maybe you never want to relive at the Woolshed, and the Duke... Lets face it - no-one ever goes to the Duke. Those of you who did trust our choice of venues had an absolute ball, especially those who were bold enough to brave a ride on the mechanical bull.
Quiz Night ‘Law school activities aren’t just about getting drunk, we have the quiz night’ was a phrase that myself and fellow activities representative Kate Healy tried to use in defence of some of our more risqué events this year.The frat themed quiz night was a fantastic night, it was great to see all of the guests put in a huge effort with their costumes (shout out to Grae Grant for winning best costume coming in a toga). Although the focus of the night was academic, we had beer bongs, beer pong, beer in a bin, some very dirty stories and a library chute.
AULSS Closing Party We are proud to present to you another first for the Adelaide Law School: The AULSS first ever CLOSING PARTY to celebrate another year completed at law school. Our closing party will be hosted at Apple and is set to be the craziest party yet. This event is also going to be our CHEAPEST event by far $10 tickets gets you entry and a free drink, along with Apple putting on some special drinks specials to get us all nice and happy a few weeks before SWOTVAC begins. Fresh from winning SHE CAN DJ and being signed to EMI, we have secured Leah Mencel to DJ the event! Get ready to get dirty! Tickets on sale Wednesday 3 Oct or until sold out. Sayonara Adelaide Law School - we have loved bringing you the cheapest, biggest, fastest growing events the law school has ever seen! Annabelle Reeve, Robert Cannizzaro, Kate Healy & Edward Gainer THE HILARIAN 03/2012 - 18 -
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e d i s a ’ l t e n d e A d The Law Stu Guide… How To: Socialise Hilarian’s New How-To Girl, Alexandra Lontos gives you a quick run-down on the dos and don’ts of Law School socialising. If you reasonable people are reading this to avoid doing your readings1 then put down your orange mocha frappucino and lower your lens free designer glasses… because here are a few rules that all of us legal eagles2 should be mindful of: A. “Thus” or any form of Latin is prohibited from every day conversation The influence of what I like to call ‘the law school effect’ may brainwash innocent minds *cue dramatic music* into thinking that the words in your textbook are suited for everyday conversations. However, this is most definitely not the case.3 Lawla: “Hello Lawla, any interesting material facts from the party?” Lawla: “Why yes Lawla, but I’ll have to give you a brief summary of the procedural history first so that you can understand.” Take note: If you didn’t already notice, Lawla is having this conversation with herself. Why, you ask? Evidently, it is either because Lawla has no friends or has developed schizophrenia as a psychological response to law overload. So, carpe diem (this Latin’s okay) and replace any serious sounding lingo with blatant sarcasm, condescending comments, witty puns and egotism4 and you’ll be just fine. B. Law is for inside the law library When your mind is filled with impending thoughts of your next assignment (that you’ve fooled yourself into believing you’ll start a week before due date) it can be hard not to clutch to a fellow law student at any given moment to bitch about the High Court (I mean, really… what did they ever do for us?). Nonetheless, there is no excuse to discuss the facts of cases on a Saturday night. If you’re out and the anxious little law student inside you, or anyone else, tries to escape… silence them with vodka. 1 2 3 4
Reading to avoid reading makes perfect sense; you get to be completely distracted whilst convincing yourself that you’re being studious and productive. Although, to be honest, I recommend that you take a real break… because I’m not very funny and it’s not as if you’re studying something easy like Med. THAT WAS A TEST: If you refer to yourself or to any of us as ‘legal eagles’ then this article isn’t for you… and neither are friends. The word ‘case’ should only ever be used in this context. See this article (best one ever) for direction on how to do this.
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C. Only law students find law humour funny When you’re disorientated from lack of sleep or a caffeine overdose, sometimes things your moral conscious knows you shouldn’t find funny suddenly become hilarious. I know a particular corporate law student (yes, okay, it’s me) who thought it would be funny to go the effort of finding Judge Judy’s original signature (it was 5am, don’t you dare judge me) and use it to sign off a legal letter assignment. Oh, and it was under the name “H.D Worthy”, aswell.5 The point is, your friends probably don’t want to hear you repeat the joke Matthew Stubbs made in class and they may not laugh in response to Evan Richards’ Law School Song (although in this case, it’s probably out of supreme jealousy that their tutor can’t play Blink 182 on guitar). So, law school memes aren’t universally funny (it hurts… I know…) and The Hilarian is probably only extremely appealing to students who have been forced to endure legal theory.6 D. Law events are full of refined sophistication and glamour … or so people who have not attended an Adelaide Uni law event may think.7 Although, you can just send them the list of offences against us from the Convention Centre law ball a few years back, and that may change their mind. The AULSS have a reputation for hosting wild and fun events and as one of their own you’re obliged to try to be a part of it. These events are a necessity for law school culture and a break from study, plus, many of the students here have too many brain cells anyway. E.8 Don’t sue, smile Another result of the ‘law school effect’ is that you start to see potential law suits everywhere and everyone appears to be in desperate need of your wise knowledge and advice. “He just bumped into you? Did you know that’s a potential battery claim?” “She spilt coffee on your new jeans? That is technically trespass to goods!” Remember, unless these potential tortfeasors are millionaires… none of your friends really care. It’s useful to remember that whilst you have a contract with your barrista you’re not yet a barrister, so calm down. Also, don’t check every glass for a snail.9 If there’s anything serious about this article let it be that the balance between your study and social life is paramount to your happiness.10 Law school doesn’t need to be bore school (yes, I make this pun all the time… and no, it never gets lamer) and your friends and family are more important than a piece of (very frame-worthy) paper ever will be.11 Above all, never forget that we’re all in this together… Not even Kirby could dissent that! You Stay Classy Adelaide.
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If this doesn’t get me a HD, none of us have any chance. Eds: We thank the writer of this article for using ‘extremely’ and ‘appealing’ in conjunction with ‘The Hilarian’, but would like to point out that this is simply the opinion of the author and does not represent the views of the editing body. The mature age student ‘cheese and wine’ night may be an exception to this, but I’ve never attended one. FGHIJKLMNOPQRSTUVWXYZ… just because it felt wrong to end five letters in. See, eg, Donoghue v Stevenson [1932] AC 562 (Lord Atkin); or youtube.com/watch?v=zWia3GCzyLQ. Ibid (just because this one word is my favourite part of citation) Ibid (did you notice that I didn’t put a full stop after the above citation? WE GOT A BADASS OVER HERE!).
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Interning at Aurora Native title Amanda Frasca
My name is Amanda Frasca, and over the 2012 July university holidays, I completed a five week Aurora Native Title Internship, with barrister Andrew Collett.
various cases, to become more familiar with what exactly to look for, and allowed me to create a summary setting out which cases were strong, which were weaker, and why.
Although these internships usually concern Native Titles cases, I was lucky enough to work on cases concerning the Stolen Generation. I began by reading various files belonging to Stolen Generation claimants, in order to become familiar with some of the issues these cases face – such as a lack of evidence, due to the destruction of case notes and files by the Government in the 1970s. From this, I began reading the files of potential claimants, and I used the information to create chronologies and summaries (of the most important facts). Aurora Native Title Internship Once I finished this task, I went over Trevorrow v State of South Australia [2007] and State of South Australia v Lampard-Trevorrow with a fine tooth comb, researching what had been held in both cases regarding negligence, breach of statutory duty, and issues of parental consent. After going through the Trevorrow cases, the files of potential claimants, and conversing with Andrew, I had a greater understanding of the issues at hand, and I had a better idea of what has to be proved, and why it can be so difficult to produce a successful outcome.
The last part of the internship was spent going through the findings of Justice Gray and the Full Court in the Trevorrow cases mentioned above, and inserting them into the Statement of Claim that was used in Trevorrow. This will present in an obvious way the relevant findings of both Courts, in the Trevorrow cases, compared to what was pleaded. This will allow the Statement of Claim to then be amended in a way that reflects, as much as possible, the findings of the Courts.
I also attended a Stolen Generation Symposium at the Aboriginal Legal Rights Movement, with Andrew and another research assistant of his, as well as various other people. We heard from a variety of speakers, including a historian, a representative of Link Up, and from other solicitors who have stolen children cases. It was a fantastic opportunity for lawyers to come together, collaborate, and share knowledge, to try and increase the chances of succeeding in as many cases as possible. I was so lucky to have been allowed to attend! It helped me to see clearly the strengths and weaknesses of
Throughout the internship, I was also able to attend and take notes for various meetings with Andrew at law firms, including a claim of wrongful dismissal, a claim against new legislation affecting a client’s ability to practice as an ‘educated psychologist’, and a personal injury claim. I also completed various research tasks, including working on a Personal Injury Claim chronology, where I looked into arguments based on the Age Discrimination Act, the Associations Incorporation Act, and the Fair Work Act. This was an amazing experience, and I cannot speak more highly of Andrew or the Aurora Native Title Internship program! For the entire five week period, I was engaged in really interesting and diverse work, developed new skills, completed a variety of tasks, and I learnt so much about stolen generation cases! Applications are now open for the summer 2012/13 round of internships, closing on 31st August.You can apply through their website: www.auroraproject. com.au. If you have any interest in the area of Indigenous affairs, I strongly encourage you to apply – you won’t regret it!
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of Dave
David Caruso ...not the guy from CSI but probably twice as popular THE HILARIAN 03/2012 - 24 -