trimester one 2015
issue eleven piraTes!
gimps in wigs!
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questionable advice!
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NT Darwin
Placement MLP Masters
ANU
QLD
ANU
MLP
Program
Mentoring Practitioner Legal Practice Well being Flexible MentoringOnline deliveryEthical Legal Practice Masters Townsville Graduate Online delivery ANU Placement Mentoring Practitioner International Online delivery GDLP MLP Flexible
MLP
Well being
ANU Brisbane
Professional Online delivery Placement
MLP Legal Workshop Mentoring
Online delivery
MLP
Legal Practice
ANU Gold Coast Legal Practice InternationalANU InternationalArmidale MLP National Mentoring Professional Masters NationalSydney MLP ANU Flexible Online delivery GDLP PlacementWollongong Practitioner
Flexible
Well being National
Ethical
Perth Graduate WA
Adelaide Legal PracticeNSW SA MastersCanberra International National
Melbourne
VIC ANU
Hobart TAS
ANU Legal Workshop Professional Legal Training Be part of something bigger
What, When and How
ANU Legal Workshop at The Australian National University (ANU) is the largest and oldest university-based professional legal training program.
Practical Legal Training (PLT) by way of a Master of Legal Practice (MLP) featuring the Graduate Diploma in Legal Practice (GDLP) from one of Australia’s leading law schools, with direct admission to practice in NSW, VIC, QLD, ACT, WA, TAS and NT and reciprocal admission in SA.
In 2015, we are excited to introduce our new Master of Legal Practice (MLP) featuring the Graduate Diploma in Legal Practice (GDLP).
The program at a glance We start with our BAP course, then how you put your PLT jigsaw together is up to you as long as you have the following pieces of the puzzle: 1.
The PPC (compulsory subjects); and
2.
The Electives (choose between two to five, depending on the number of work placement days you choose); and
3.
Work experience placement.
We accept 20, 40, 60 or 80 day placements because we know you have other commitments and need flexibility to juggle your course work and work experience. We provide financial assistance to students who take up a placement in one of Australia’s community legal centres through our Regional, Rural and Remote (RRR) Placement Program because we believe in assisting students who wish to gain experience in bringing access to justice to Australians most in need.
The ANU edge Once you complete the GDLP component of the MLP course, you are eligible for admission…and here’s the best part, in addition to getting admitted, you can graduate with a GDLP (for those not wanting to study any more); or continue with your course work and graduate with a Masters (for those who miss the good old Law Library days); or if you’re not sure, you have two years to think about it. Whatever option you choose, you will attain a qualification from one of Australia’s leading law schools. CRICOS# 00120C | March 2015
5-day face-to-face intensive Becoming a Practitioner (BAP) course ANU Legal Workshop PLT is delivered in Adelaide, Armidale, Brisbane, Canberra, Darwin, Gold Coast, Hobart, Melbourne, Perth, Sydney, Townsville and Wollongong. The Professional Practice Core (PPC), an 18-week online course which takes place in an online, simulated, transactional, team work learning environment January and July start dates The Electives: > online courses between two and four start dates in 2015 > 5-day face-to-face intensive various start dates throughout 2015 in various locations all around Australia
The team behind the lawyers of tomorrow Our team of practitioner teachers are the foundation of our program. Drawing on the experience from former judicial officers to partners in law firms to principal legal officers in government departments, we know that it takes a dynamic, passionate and diverse legal community to teach the lawyers of tomorrow.
Your professional journey starts here So why not take the plunge and take the first step of your legal professional journey with us!
Information W law.anu.edu.au/legalworkshop/mlp T 02 6125 4463 E lwsa.law@anu.edu.au facebook.com/ANULegalWorkshop
NT Darwin
QLD
ANU
Placement MLP Masters
ANU
Program
Practitioner
MLP
Mentoring Legal Practice
Well being Flexible MentoringOnline deliveryEthical Legal Practice Masters Townsville Graduate Online delivery ANU Placement Mentoring Practitioner International Online delivery GDLP MLP Flexible
MLP
Well being
ANU
Brisbane Professional Online delivery Placement Legal Practice MLP Legal Workshop ANU Gold Coast Legal Practice InternationalANU Armidale MLP National Mentoring Professional Sydney Flexible MLP ANU Flexible Online delivery PlacementWollongong National Ethical Practitioner Adelaide Legal PracticeNSW Perth Graduate SA MastersCanberra WA International National Melbourne Mentoring
Online delivery
MLP
International
Masters
National
GDLP Well being
VIC ANU
Hobart TAS
ANU Legal Workshop Master of Legal Practice featuring the Graduate Diploma of Legal Practice The ANU Legal Workshop is Australia’s largest university-based legal practice program provider. The Master of Legal Practice (MLP) is our exciting new program that features the Graduate Diploma of Legal Practice (GDLP). Providing you with more choice, the Master of Legal Practice gives you the option of completing only the Admission to Practice courses (GDLP component) of the program – and gaining admission to legal practice – or continuing your study to graduate with an MLP. We also offer: > flexible online delivery > your choice of 20, 40, 60 or 80 day legal placement > direct or reciprocal admission to legal practice nationally > staff who are practising lawyers and skilled legal practice teachers. Whatever choice you make, you’ll get the benefits of flexible online study – allowing you to balance study with work or personal commitments – and a qualification from one of the world’s leading law schools. Information W law.anu.edu.au/legalworkshop/mlp T 02 6125 4463 E lwsa.law@anu.edu.au facebook.com/ANULegalWorkshop
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CRICOS# 00120C | March 2015
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contents The Team 05 Editorial 06 Coming Events 07 BILLABLE HOURS with Crase and Schofield 08 FEATURE Fifty Shades of Contract Law - Travis Shueard 10 RATIO It’s a pirates life for me... - Cameron Henderson 14 SSAF fees: why we’re losing out - Eugene Lagana 16 SHACKLEY J Hollywood Accounting 18 CROSS-EXAMINATION The secret lives of law students - Wilbur Jordan 20 OBITER DICTUM Going off the grid - Andrew Senyard 23 My summer with Gageler & Bryce - Travis Shueard 24 Bachelor of law: the new arts degree? - Daniella Hoy 27 8 simple rules for dating a law student - Meredith Hennessy 28 WILBUR J How to: exam study 30 THE USUAL SUSPECTS 31
acknowledgments The Obiter team would like to acknowledge the support of USALSA, The Espresso Room, Australian National University, and the UniSA School of Law. layout & design: Wilbur Jordan
*The views and opinions expressed in this publication are those of the individual authors and not those of the UniSA School of Law or USALSA Inc.
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The
TEAM Meredith Hennessy Editor-in-chief
Wilbur Jordan Publications Director, USALSA
team members
editors
Currently studying a double degree in law and lovemaking
“Can my blurb just be a picture of Dusty’s face?”
Travis Shueard Editor
You??? Pls...
Travis wanted me to put something relating to the Port Adelaide Power. I was raised better than that.
If you’ve always dreamed of contributing, now’s your chance! email theobiter@usalsa.org
Leo Coldbeck-Shackley Columnist
Jordan Moulds Sponsorship Director, USALSA
Laura Crase & Ashleigh Schofield Billable Hours
guest contributors From L-R: Euge Lagana, Daniella Hoy, Andrew Senyard, Cameron Henderson
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from the
editors You know how at the start of every semester, you promise yourself that this time it will be different? It seems it was only yesterday that I was lying on my couch, cider in hand, where the only thing I had to worry about was trying to not to die in the Australian summer. Then bam. It’s February, and it was as though I’d never left. There were new students to meet, tutors to question, and Daniella was hassling me about a lanyard.
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Before too long, I was feeling that familiar sense of dread and nausea you get when you have several assignments due at once and still have a whole season of Suits to get through.
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gym selfies on new years; it’s a new year, new us. Along with Travis Shueard’s investigation into the validity of BDSM contracts, we have Cameron Henderson abusing pirate talk in dealing with the recent decision in Dallas Buyers Club; Eugene Lagana thinks law students are getting ripped off; and Leo Coldbeck-Shackley tackles hollywood accounting and avoiding the corporate tax. This edition, we also introduce the new section, The secret lives of law students - where we want to know about the things you get up to, beyond text books and referencing R v Brown.
And now it’s May, and I’m currently lying on the couch, cider in hand, trying to think of an editorial to write while systematically avoiding all my other responsibilities.
If you can feel your soul dripping away as we approach exams for another year, rest easy knowing The Obiter can provide you with some much needed procrastination. There are no who killed who with what’s - just some premium banter, and a gimp in a wig.
Classic Uni life.
Enjoy.
Unlike my inability to get my shit together though, this edition of The Obiter brings with it a fresh new look - because just like your mate posting
Wilbur Jordan, USALSA Publications Director. & Meredith and Travis.
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coming
events Trimester 1 Exam Period
ALSA Conference - Sydney
12th to 23rd May, 2015
6th to 12th July, 2015
Start of Trimester 2
SALSC Uniform Clerkship Scheme
8th June, 2015
6th to 27th July, 2015
Trimester 2 Welcome Back Lunch
USALSA Quiz Night
Week 2 or 3 (date TBC) Theme: TBC
End of Trimester 2 Date: TBC
facebook.com/theobiter theobitermag.tumblr.com issuu.com/theobiter
magazine
a USALSA publication Š 2015
facebook.com/usalsainc @usalsa issuu.com/ unisalawstudentsassociation
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billable hours with
crase & schofield jj
“We Care.” Dear BH
My lectures keep telling me we have to do the equivalent to 4 hours of reading to every 1 hour of class we have. Is this true? Can I get away with not doing any readings? I just got Netflix!
Is Suits an accurate portrayal of life as a lawyer?
BILLABLE HOURS
Dear BH
Thanks Textbooked out
Dear Wannabe Mike Ross,
Dear Textbooked, You’re right, books without pictures are lame. We hear Orange is the New Black will be subliminally brainwashing us to know and understand the entirely of the Australian Legal System. Your witness. Do yo readin’ homie (but Ps get degrees). BH
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Thanks Love Mike Ross
Reasons Mike Ross (and you) are inferior: 1. Mike Ross is not a lawyer. 2. You do not have an eidetic memory (assumed). 3. Are you a drug dealer?? 4. Why would you want to be him when you could be Harvey Specter. PROS OF HARVEY: 5. Amazing suit 6. Hot biddies 7. Money 8. Sick apartment 9. DONNAAAAAA! 10. Better film references 11. Actually graduated from Harvard Law 12. Gained a job based on merit 13. Not a pleb
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Do you have any of these qualities? No? I didn’t think so. If you happen to be an awesome, attractive redhead, you may be close to Donna. But I doubt it.
Dear BH What is the best way to search for cases? Thanks Austlii confused
BH P.S. Follow your dreams.
Dear How Did You Get In To Law School?
Dear BH I’m a first year and I don’t think law is for me. Should I stick it out, and will it get better, or should I do an arts degree or something? Cheers Law’s Breakin’ Me
Librarians are a scary folk, I can understand why you would avoid them and their website. Smart move, if you want to fail. Law is life. Please see LexisNexis and Westlaw for authorised case law and reports. Moron. BH
Dear Law’s Breakin’ Me, Law is pretty easy compared to an arts degree. Do you think that, if you can’t handle law, you could possibly handle life, let alone an arts degree? Don’t be a law pleb. Just think about it. BH P.S. Actually, no. Quit. We want the courtyard back.
Unsure what a tort is? Want to express a particular opinion about a particular issue that you think people need to know? Just got your knickers in a knot? If you have a question that needs solving or you just got beef, send it to The Obiter mag’s Billable Hours team and have it answered in our next edition! Submissions to theobiter@usalsa.org
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fifty shades of
contract law words: Travis Shueard
Travis Shueard paddles his knowledge on the contractual legalities of BDSM agreements. by performing sexual acts through scripts of subjugation, discipline, and punishment, participants recognise and revel in sex as a practice replete with inequality, ambiguity, and shame, blurring the lines society purports to maintain between pleasure and pain, fulfilment and frustration. Yes deviants, this includes the famous stereotype of a gimp-suited male being paddled by an angry dominatrix. Safety words, funnily enough, aren’t always ‘banana’, but something familiar to the ‘sub’ (Family Guy isn’t always factually accurate). I wanted to open with some cheesy line such as ‘SEX!… now that I have your attention’, or another totally hilarious one-liners. But we’re at law school, and The Obiter tries to maintain an aura of dignity about it (editor’s note: no we don’t).
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So don’t worry, for I won’t be discussing how best to whip your partner into submission, or be giving you new ideas for how to use a capsicum. It will be the boringly bland contractual aspects (not criminal law, Jordan) theories regarding BDSM contracts, and their relatively fresh rise to popularity following the best-selling roll of readable toilet paper that is “Fifty Shades of Grey”. For people raised in a bubble or who attended a stuffy private school where sex-talk resulted in 50 Hail Marys, BDSM stands for Bondage Domination Sadism and Masochism. To borrow from Wikipedia, BDSM shows that
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One thing from “Fifty Shades of Grey” that is instantly recognisable is the mythical ‘contract’; that document signed by both parties that lays out glorious terms such as: the role of ‘dom’ (the one in charge) and the ‘sub’ (the one submitting); the limits of consent; desired sex acts; the location; the duration, etc. We know from Contracts, Torts and Criminal Law that these documents are unenforceable in a court, at least in regards to personal service and consent to harm. That the law is unconcerned with these contracts until consent is withdrawn and unwanted harm is inflicted is irrelevant; contractual principles still exist in these documents, even though unenforceable in a court of law.1 Strap on your seat belts as I will be taking you down a very brief journey of 1 Indeed, a US Court prosecuted a dom as the sexual contract purported to be one of ‘sexual slavery’ and sex trafficking…
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contractual jurisprudence. It is my belief that BDSM contracts still have valid contractual principles behind them, even though they are obviously extra-legal documents. Before I go further, one thing that needs to be taken into consideration is that BDSM contracts, for all their detail and resemblance to legitimately functional contracts, are obviously not intended to be enforced at law by either party. If anything, they are mainly a trust mechanism and security blanket; it doesn’t offer any protection other than peace of mind. A critical element of contract law is the fairness and balance between parties. While parties to a contract do not always have an equally identical footing in every aspect, reasonable fairness and balance between the parties interests is paramount. Many vitiating factors of contracts hinge upon remedying the unequal balance of power altering a person’s true independence to fairly agree to a contract and its terms unconscionable conduct, duress, undue influence. Commonwealth Bank of Australia v Amadio expresses this most clearly and I won’t rehash it since you should know it if you paid attention in Contracts.
BDSM contracts are entirely about the balance a nd co n s en t o f b o t h parties.
“But Travis, you dashing rogue with the chiseled jaw, there is no fairness to a contract between the dom and the sub that’s the whole damn point of BDSM!” Well you small-minded simpleton, that is incorrect. BDSM contracts are entirely about the balance and consent of both parties. Indeed, there is an obvious transfer of power between parties that can only happen with an equally balanced form of consent. To suggest a ‘dom’ simply takes control of their ‘sub’ without consent is ignorant. BDSM seeks to turn on its gimpsuited head the traditional notions of sex, gender and dominance. Males traditionally, for good or for ill, enjoy a more dominant position in society. Women, traditionally, do not. This position of dominance extends into the bedroom; the male typically is more assertive and aggressive during sex, while females are characterised as submissive. The BDSM contract allows both parties to negotiate to transfer this power on an equal footing; the person in power is able to give away their power for submission to the opposite party, under mutually acceptable conditions underscored by both parties. As BDSM requires each party to assume a role, dom or sub, this logically means that they did not already possess this role. A man may relinquish masculine power, a woman (with sadistic glee) may assume it in a fair transfer of rights and obligations. Unlike the fields of restitution or tort, in which the law corrects unjust enrichment or diminishment, contract law exists precisely to allow people to transfer interests freely. BDSM contracts
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As contract law relies on the assumption of fair exchanges of power, it is my belief that these contracts operate on a level of fairness no different than one of a customer and shopkeeper. By voluntarily relinquishing the sexual inequality between parties, this transfer of power shows an equal agreement and footing.
and vice versa. They gain and they lose value in equal measure. The argument that the dom gains too much is addressed prior. The contract between these two kinky parties assures equal consent between them, and that equality will resume once more upon discharge of the contract. But it also intimates both parties remain equal even when exchanging sexual pleasure.
These contracts often have consideration, though not in the instantly recognisable form that we are used to reading about. Contracts A taught us that consideration is necessary for a contract, otherwise it becomes a gratuitous promise. We are traditionally taught this is in the form of money, or to perform this duty for that duty, which creates a inter-relational co-dependence between parties. The promise for a promise.
I think I’ll stop there, because I just know in my soul that you’re aching to open the monumental tome that is your Contracts casebook and further research contractual principles in relation to what is a truly extra-legal contract, while you put down your cat-o-nine tails and ball gags. I found that applying legal principles to outlandish things can sometimes yield pleasant results to your education.
In BDSM contracts, there are often fairly graphic and detailed duties that are desired by either party. To quote Professor Robin West in Difference in Women’s Hedonic Lives: A Phenomenological Critique of Feminist Legal Theory, ‘sexual submission has erotic… value’. Also, as the sub must voluntarily agree to submissive roles, this suggests a desire for these activities too. Too often the dom is assumed to maintain a one-sided gain from these ‘contracts’, when it is clear both sides gain clear value from the act. Thus we see there can be (debatable) consideration.
Finally, I thank and reference the article Nonbinding Bondage: Exploring the (extra)legal complexity of BDSM contracts,2 for inspiring me to write this article. I highly recommend reading it to step outside your comfort zone and consider something you normally wouldn’t in relation to legal principles.
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still exhibit these characteristics of contract.
There are mutual benefits and detriments too. This is something pivotal to contract formation; both parties adopt benefits and detriments that are interrelated. The sub relinquishes equality or superiority to the dom in return for submissiveness,
When you watch the God awful movie adaptation of ‘Fifty Shades of Grey’, and can’t stop thinking of contract law, I know you’ll thank me. And to those that decide that BDSM is for you remember; the Universal Contract Theory sees all. For a conspiratorial exposition of the Universal Contract Theory, please seek out myself or Seamus on campus.
2 Anon, Nonbinding Bondage: Exploring the (extra)legal complexity of BDSM contracts 128 Harvard Law Review 713.
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words and images: Cameron Henderson
It’s a pirates life for me
as they take away my privacy The recent decision handed down in Dallas Buyers Club v iiNet has Cameron Henderson ready to man the cannons. of the civil kind you been up to, but you better be damn well sure you’re still a filthy seaman, as the lot of you have been ripping off shows for years without paying a single gram of Spanish gold, and it’s really pissing off the East India Trading Company (aka Hollywood).
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’hoy there you swashbuckling scallywags. I be thee captain of this ship, a fair lady I call USALSA, and I’m here to tell thee all a tale of olde upon which you hear the truth about what scurvy ridden pirates you Australians have become… This tale be called...
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S 174 of the Criminal Law Consolidation Act 1935 (South Australia): Piracy A person who commits an act of piracy is guilty of an offence. Maximum penalty: Imprisonment for life. Now you babbling halfwits, don’t be getting ye knickers in a knot, because the criminal piracy listed here ‘aint none
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It’s no wonder Disney chose to bring Johnny Depp down to Queensland for the regrettable next instalment of their pirate franchise. Move over Somalia, stats show Australia is now the world capital for piracy and we are not slowing down. At least, once we have worked out what to do about those pesky cease and desist letters from the ISPs. It all started one April day when Justice Perram decided to drop some serious cannonballs in the Federal Court… Dallas Buyers Club v iiNet Ltd [2015] FCA 317. This decision sparked mutiny amongst Australia’s pirates as all those guilty souls took to the inter webs to vent, panic, question and decipher the case amongst themselves. Here’s the case broken down: - 4726 Australians have been detected as having downloaded a little
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known movie named Dallas Buyers Club. - The studio behind the film, Voltage Pictures (acting via their subsidiary, Dallas Buyers Club LLC) decided they wanted to pin those people who didn’t feel like forking out $30 for a Blu Ray of a mediocre film by tracking them down and invoicing them for downloading it illegally. - They utilised German tech nerds and their ‘Maverik Monitor’ software to track the IP addresses of those scallywags using BitTorrents to download and share the movie online. - Dallas Buyers Club then took iiNet to Court, along with Internode, Amnet, Dodo, Adam Internet and Wideband networks to force them to hand over the names and addresses attached to the 4726 IP addresses identified. - Justice Perram found in Dallas’ favour, and now everyone is scared shitless of a copyright infringement letter landing in their mailbox with a fine. Perram J said he must personally approve of any letters sent to the infringers to prevent ‘speculative invoices.’ The defence team believe the infringement is only worth $10, so don’t worry about getting the gold out of the
fake wall yet. But what is important is this sets a dangerous precedent whereby any studio/copyright owner could now obtain the personal details of an ISP’s customer and track them down for copyright infringement. Hello 1984? Am I right? Maybe…but they still don’t know who actually did the downloading on that network. So what to do now? Well, I could tell you to start paying for movies and supporting DiCaprio’s need to buy himself another Prius… Or I could take a leaf out of Turnbull’s book, and tell you there are plenty of ways one can avoid having your privacy violated, if one really wants to stay hidden *cough* VPNs *cough* ToR Network *cough* - sorry, I have a cold. Either way, just know that they’re watching you now as your privacy diminishes into cyberspace, and with Game of Thrones back in full swing, and some million illegal GoT downloads in a day, you want to be a little more careful about how you obtain your favourite shows, or you’ll be up in Court screaming ‘Parlay’ before you know it.
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ssaf FEES:
WHY WE’RE LOSING OUT words: Eugene Lagana
Law students, you are being ripped off.
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Each trimester, for every subject that you are enrolled in past the census date, you attract a Student Services Amenities Fee (SSAF) of $35.73. This fee is compulsory for all students, thanks to the passing of the Higher Education Legislation Amendment (Student Services and Amenities) Act 2011, which came into action in 2012. To play around with some numbers, say that at any one time there is a cohort of around 500 students studying Law subjects, and then conservatively say that each student completes around nine subjects in a year. The numbers add up very quickly. To be precise, $160,785 of your money is either charged up front or added on to your HECS debt. Law students, therefore, are paying on average more SSAF fees per year, due to the fact that we study more subjects a year than any other student. What is the SSAF used for? The SSAF is used for many things
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including grants for students and initiatives to engage the student populace into uni life. The West Bar also receives a supplement to enable it to remain open; and then about 30% gets given to USASA. You know, the entity formally known as Uni-life, whose name now sounds suspiciously similar to USALSA. USASA is the student representative body, who are supposed to act on behalf of the student populace. They have initiatives such as student diaries, plan events like the end of semester ball and trips away during holidays. USASA also supposedly hold ‘exam rescue stations’ at the Wayville Showgrounds for students to get counselling and emergency stationary. These are all fantastic things for students, which is why I can hear you asking ‘what is your problem?’ What is my problem? The big issue is, on average law students will pay more of the SSAF per year than any other student at Uni SA. This is despite every single event, holiday or initiative being aimed at the average Uni SA student who does subjects on the regular semester timetable. Just recently in the mid-semester break West Bar was closed (robbing law students of the ability to Irish up those magnificent Espresso Room coffees). The City West cheap breakfasts and movie nights were not held. When have we ever had an exam rescue station at our law exams? I can also tell you that at Law faculty
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board meetings, I have never seen a member from USASA there advocating on behalf of a law student. The solution. When the majority of students are not attending university, I understand that it may not be worth USASA’s while to hold events specifically for law students, or for them to print a law student diary. What it essentially comes down to is, USASA is not equipped to deal with
Law students on a trimester timetable. This money (30% of $160K is a lot of money) should go to USALSA, the student body who works tirelessly to organise law student events, advocate for law students and send law students all around Australia to represent Uni SA. Just think what USALSA could do with an extra $50K a year. Eugene Lagana is the former president of the University of South Australia Law Students Association.
On average, law students will pay more of the SSAF than any other student at Uni SA
BREAKING DOWN SSAF FEES (source: UniSA) Please note: this is not the complete list Initiative
Amount of $$ provided to by SSAF in 2015
USASA
1,400,000
Student Experience Team
1,077,623
UniSA Sport
450,000
West Bar
150,000
Student Engagement Grants
100,000
Small Student Engagement Grants
25,000
Global Experience Travel Grants
10,000
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hollywood
accounting words: Leo Coldbeck-Shackley
Leo Coldbeck-Shackley talks Hollywood accounting and avoiding the corporate tax
In this picture: Hollywood studios
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shackley j
ost movies, including blockbusters, have never turned a net profit (technically). In fact, most of them make horrendous losses. For example: Return of the Jedi has “never gone into profit” despite having made $475 million. The Hobbit trilogy, which despite having gross takings of $6 billion, actually turned out to be a bit of a flop and made no profit at all. Harry Potter and the Order of the Phoenix actually made a $167 million loss. Other examples include Coming to America, Forrest Gump, Spider-Man (2002), and My Big Fat Greek Wedding. The reason these movies appear to be such horrible flops on paper is down to “Hollywood Accounting”. If you’ve ever heard the saying “the only creative people in Hollywood are accountants”, this is where that saying comes from.
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Hollywood accounting is a set of tricks used to make otherwise profitable movies appear to make a net loss. An example is where a parent studio sets up a subsidiary studio. This subsidiary is designed to lose money. The parent studio finances the subsidiary to make a movie, giving them a budget for production, marketing and related expenses. The parent also charges a few “fees” to the subsidiary. These fees represent no actual expense to the parent. These fees might be called a “distribution fee” for example. The quantum of these “fees” also just so happens to match any profit that the subsidiary makes from the movie. Confused? Imagine you’re a kid again. You and your friend Jimmy decide to set up a cake stall and because your mother is a nice lady she tells you “you have to share half your profits with your little sister because she helped make the cakes”. Forget that right. So Jimmy calls himself “Jimmy Inc” and starts charging the cake stand “rent”. This “rent” just so happens to match any net profit the cake stand is making. So when your mother comes and says “Okay Timmy, time to give your sister her share of the cake profits” you say “geeeeze ma’ I haven’t made anything this week, Jimmy Inc keeps putting up the rent”. You lovable scamp you. All the while Jimmy Inc is
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safely holding onto those profits. Now just replace “Timmy” with “subsidiary studio”, “Jimmy” with “parent studio” and “cake stand” with “a movie”. Importantly, replace your “sister” with “Winston Groom”. Winston Groom just so happens to be the author of Forrest Gump, and he just so happened to exchange the rights to his book Forrest Gump for a deal which entitled him to 3% of any profits made from the movie, Forrest Gump.
Hollywood accounting is a set of tricks used to make otherwise profitable movies appear to make a net loss. But what does this have to do with avoiding the corporate tax? Well corporate tax applies to net profit. So a company can reduce their liability under the corporate tax by the same principles; lowering their net profit by shifting it to a parent company. Only in this case the parent company is sitting happily in a country with a lower corporate tax rate than Australia. Take the following examples.
money to meet your operating expenses, and in exchange you agree to pay the interest rate set by Cool Guy Coffee. That interest rate happens to be pretty severe, so it begins to eat into your net profits substantially. Second, take our coffee example again. Say Cool Guy Coffee is a pretty recognisable brand, lots of people know it, like it, and there’s lots of advertisement. But not just anyone can set up a Cool Guy Coffee, you need to pay for the rights to become a Cool Guy Coffee. The cups have to match, the store has to look a certain way, and the menu has to have certain items. So Cool Guy Coffee could have their licensing agreement in somewhere with a low tax rate. Say, Holland. Then Cool Guy Coffee can charge 6% of any sales figure for the right to use their brand. Again, lowering the net profits of the Australian arm. All this amounts to Cool Guy Coffee being able to say to investors “yes, yes we make lots and lots of money!”, while Cool Guy Coffee Australia is saying to the tax man “well, we don’t make any money so we can’t pay that corporate tax”.
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image: The Guardian
First, you’re a company in Australia, and you sell coffee. You’re part of a global coffee chain with a parent company (Cool Guy Coffee) sitting happily in Malaysia paying a corporate tax rate of around 17%. You’re really good at selling coffee so you’re making lots of profit. For tax purposes, you want your profits in Australia to be as low as possible. The corporate tax in Australia is 30%, but 30% of nothing is nothing. Now let’s say Cool Guy Coffee loans you
Other known tax evaders
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the secret lives
of law students words: Wilbur Jordan, with James ‘Danger 5’ Black
and the caption “watching danger 5 inbetween reading ‘6 steps to a good dictatorship’ lol doesn’t this look like jimmy black????”, and I decided I had to know more. That may or may not have been paraphrased.
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But as it turns out, it didn’t just look like James Black. It was James, starring as an extra on the SBS spy show/comedy/ documentary Danger 5. And that isn’t even the half of it. “1988 was the first time I acted.”
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few weeks ago I got to witness James (or Jamie) Black in fine form at the 2015 Open Moot final, taking questions from a bench consisting of former Supreme Court Judge Michael David, and Sam Gomersall, Principal of Lipman Karas. You may have seen James around. Towering over most, especially handsome Publications Directors, James has been at law school for just as long as I have (when we started, mail was sent by Pterodactyl and our Crim lecturer was a burning log of wood). He’s never afraid to question a lecturer, and he never shies away from a beer - which coincidentally is where we were when I asked him about his secret life outside of law school.
James graciously agreed to meet with me at the Worldsend to talk about his double life outside the George street gates. He is a man who enjoys a bit of banter. “I did a movie with Carrie Fisher (Princess Leia) - called The Time Guardian. It also starred the man from Snowy River.” “It was the worst movie ever,” he tells me, comparing it to Tim Burton’s ‘Ed Wood’.
It was an off-hand comment from the USALSA prez which first peaked my interest into the mystery that is J Black. A text message from Cameron consisting of the above (left) photo
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James as a Jen-Diki alien from ‘The Time Guardian’
James started acting at the age of 19, earning about $5,000 a week for 3 or 4 months, and decided that acting was what he wanted to do. All the while, he was studying an economics degree at Flinders. “It’s not a realistic goal. A lot of actors are unemployed.” In order to keep himself afloat, James took up bartending, which eventually took him to South Africa for 3 years, and eventually the United States. “I went to America at 31 and worked as a bartender. Got on the piss. Worked in the same bar they filmed the movie ‘Cocktail’.” Things take a sombre term as James tells me how he was actually living in New York during 9/11. “It was very surreal, very heavy. I was watching from my balcony... there must’ve been 10,000 people walking up First Avenue, trying to get away from the city. That has stuck with me.” James claims he actually met more people working as a bartender than an actor, including the Australian Cricket Team while working in South Africa, and golfer Ernie Earles who introduced himself because of James’ Australian accent. When I try that trick with foreign girls, they usually just hit me harder.
cart.” “I told Russell, I saw you in Romper Stomer... you were great in it. To which he replied, ‘I was wasn’t I.’” James has been in films such as The Lighthorseman, a World War 1 flick, as well as having an extensive career in theatre and broadway. Of his favourite works, James quotes the 2006 film Caterpillar Wish. “The movie starts with a sex scene between me and Susie Porter (Love My Way, Puberty Blues).” He mentions this a few times. On Danger 5, James starred as an uptight husband who comes home to find his wife sleeping with someone else. This then lead to an epic shootout, which James says he had to do a firearms course in preparation beforehand. He hopes, due to the directors tendancy to reuse actors, that he gets to work on Danger 5 again. When asked what made him want to come to law school, James’ response was less secret agent more traffic cop. “I was working in the corporate world as a sales rep, and would constantly be getting speeding fines. After loosing my license, and my liberties, I wanted to explore my options.”
But that isn’t to say James hasn’t rubbed shoulders with the A list. “I was working on a movie called ‘Hammers on the Anvil’ which starred Russell Crowe. There was a scene where Russell had been thrown off his horse...I was an extra who had to pick him up and put him in a horse drawn James practicing his oral advoacy
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He tells me his hero is Clarence Darrow, an old American Lawyer who had ‘a razor sharp wit’ and was infamous for defending the undefendable (Leopold and Loeb, The State of Illinois v. Nathan Leopold & Richard Loeb (1924) - I don’t know the citation. I have failed you, Sue). James says he dreams of a career like Darrows. “The sky is the limit for a guy like him. I want to defend the undefendable.” James says his rom com days are all but over. “I’d rather be a lawyer, ultimately.” However, he maintains that he still acts in between classes.
James says he would encourage any young person who wants to be a laywer to do an amatuer play. “You over come nerves, learn discipline, projection and presence. You impove your advocacy skills. It’s great for overcoming nerves and inhabitions. Just don’t be naive and think you’re gonna get famous.” We finish our beer and we part our ways, with James’ final gift a collection of photos from his acting days for me to use for my article. I feel like I now know a new man. Law student by day, dad by night. Gun-slinging-caterpillarwishing-alien-overlord 24/7. This feeling has been tripled since I found the photo of the Susie Porter sex scene
“You never really leave acting. I did an audition for State Theatre the other day. It’s just a hobby now, though. I’m just in it for the catering.” These days, James is nearing the end of his law degree, but still trying to get the most out of his time as a student. Last year he took part in Uni Games, as a member of the UniSA Cricket team. He also says he’s looking forward to ALSA, having successfully won his way through the 2015 USALSA Open Moot.
The Obiter - now on RedTube.
Lead an interesting life outside of law school? Lead any kind of life outside of law school? Know somebody who does? If in your time away from text books you play a ridiculous foreign sport, jam in a 5 piece band or maybe you’re just part of an occult who worship Bill Murray, whatever it is, The Obiter mag wants to tell your story. Contact us at theobiter@usalsa.org and you could be featured in the next edition of The Secret Lives of Law Students.
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#breaktheinternet going off the grid words: Andrew Senyard
The only hashtags Andrew Senyard will hear are the ones used by Cameron in every day conversation.
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’ve finally done it. I’ve gone dark. Radio silence. Off the grid.
I’m talking about releasing myself from the grip of the evil mistress that is social media. I’ve deleted my Facebook (deleted, not deactivated), will no longer be getting winter-warmer recipes from Pinterest, and, much to the disappointment of my seven followers, I’ve erased my Twitter. Yes, sadly there will be no more #breaktheinternet or #QandA from @kitkatchunkylover86.
I couldn’t be one of these zombies anymore. I had to let go. It was only when I finally took the plunge that I realised what a hold social media had on me. The day after I deleted my
Once I broke the habit, I started reaping the rewards. My grades improved since I’m no longer using the library to watch the vines people have shared or engage in heated political debates with people who think GST means General Services Tax, and my evening study time actually consists of study rather than chatting online telling people I have to study. All I’ve had to do is resort to some old fashioned communication, like texting and emailing (when did texting become the old way??) Yes, it is true that eventually, just as certain as Tony Abbott will say something sexist in front of a camera again, I will probably dabble back into social media in some limited form at some stage in the future. But in the mean time, I’m enjoying watching where I walk and taking in the sights, only spending the time I need to on the toilet, and actually listening to what my lecturers have to say. P.S. No, LinkedIn is not social media.
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The revolutionary concept came to me riding the tram one morning, trying desperately not to go over the data limit on my phone plan. I had to resist the urge to pull my phone out of my pocket. Instead, I simply stood there, like some 1980’s schmuck would if he were on a tram – and what I saw astounded me. Every single person I saw was on their phone. EVERY. SINGLE. ONE. Not a word was being spoken on the packed out tram. All of a sudden I felt as though I was the main character in a movie, at the moment right before the zombies look up and realise I’m standing right in front of them.
Facebook, I caught myself pulling out my phone to check Facebook about 15 times. I’m talking on the tram, in the checkout queue at Coles, on the toilet, and even in the middle of cooking dinner. I even closed my laptop after forgetting I no longer had a profile, only to immediately open my phone, forgetting again. Mark Zuckerberg says the average person spends 40 minutes a day on Facebook – I probably quadrupled that.
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my summer with
gageler and bryce words and images: Travis Shueard
Travis Shueard on his recent trip to the annual Sir Anothny Mason Lecture, at Sydney Law School. prestige for Ferraris and high priced escorts’. Professor Rickett called it an ‘intellectual interest’ and this concept has found a hook inside me. So much so that I find that even when I’m not reading about the law, I’m reading about the law. The Sir Anthony Mason Lecture varies in topics, though the last two have been to do with constitutional law. Sir Anthony Mason was a giant in Australian federal constitutional law, so it’s only fitting. Lord James Bryce. image: wikipedia
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he Sir Anthony Mason Lecture is held annually by the University of Sydney Law School in honour of former Chief Justice of the High Court, Sir Anthony Mason, a former student and teacher of the University.
For someone who has never been to Sydney before (wow), seeing the monolith that was the NSW Supreme Court was impressive. Going to Banco Court, the courtroom the lecture was held in, was even more impressive. Portraits of every Chief Justice of
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It was my privilege to attend this year’s event, presented by Justice Stephen Gageler, a current sitting member of the High Court. Ever since the Divine Intervention that was Charles Rickett walked into my life, I’ve been a firm believer that, to be a great professional in any field, you must have a personal interest in the matter beyond ‘this gets me enough money and Potraits in Banco Court.
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the NSW Supreme Court are fixed throughout the room. The atmosphere of the place is imposing. Being the modest individual that I am, I sat as far to the front as I could. I couldn’t sit at the very front because right in front of me were some people you should have heard of by now; former Justices of the High Court Brennan, McHugh, Gummow, and current Chief Justice Robert French. The President of the NSW Bar Association was also in front of me. These are exceptionally accomplished people that have all helped shape Australian law. The lecture itself was on Lord Bryce and his role in the development of the Australian Constitution. You more than likely haven’t heard of him, so don’t feel bad about it. You may have heard of his mate A. V. Dicey, however, and this is addressed in the lecture why one was remembered in law schools and the other wasn’t. Lord James Bryce was an English Lord who was ahead of his time in his beliefs and thoughts (though he was still very much ‘unashamedly British’). He was ‘liberal in temperament and beliefs’ at a time when conservatism in the British political and legal system was in vogue. Born in 1838, he was a graduate of Oxford University and published the book ‘The American Commonwealth’ in 1888. This book, an extensive analysis on the American republic and its federalist system, sold 200,000 copies in the US upon its release. This was a phenomenal sale of a book at this time and on average, 1 in 5 Americans were thought to have bought or read it.
This man was the classic overachiever that only wealth and privilege can make, and such achievements include: climbing Mt Ararat and finding a historical artefact (that in his religious fervour he believed was a piece of Noah’s Ark); travelling to Iceland to investigate archaeological sites; being appointed the Regius Professor of Civil Law in Oxford at 32 years of age; and being sworn into the Privy Council. He also opposed the Boer Wars and the British treatment of civilians in those conflicts, supported the Armenian cause after the Armenian Genocide in 1915, and was an advocate for democracy and equality, which was radical for its time. Lord Bryce’ studies and publications were used at great length in debating the particulars of the upcoming Australian federation. Many saw the Australian federation as an opportunity to defeat the flaws of the American system, and publications in political science such as The American Commonwealth were invaluable in helping to try and achieve this.
Justice Stephen Gageler, who presented the lecture, image: HCA website
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Unfortunately, Lord Bryce has played second-fiddle in law schools across the world to his friend, A. V. Dicey, over history. According to Justice Gageler, while Lord Bryce has been referred to 3 times in the last 100 years of cases, Dicey has been referred to well over 35. Although Lord Bryce was just as well read and written as Dicey, he tended to edge towards political science, while Dicey leant towards the law. As a result, one gained prominence in history while another did not.
There’s more to your professional development than competing in moots
For those who may be interested in Lord Bryce and his accomplishments, his relation to Dicey, and his influence on the Australian Constitution and its formation, you should consider reading Justice Gageler’s paper on Lord Bryce.
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So not only did I get to be in the room with Australian legal royalty, I also got to learn something I probably wouldn’t have otherwise. In another city. Pretty stoked with the whole experience. The best part? UniSA paid for most of it. Why? Student Experience Grant! Be on the lookout for similar events that might interest you. If you feel that the University should be offering students the chance to attend these trips (without having to apply for a grant), as UNSW and University of Sydney do (helps they’re in the same city, I know), start hitting up your USALSA committee members. Jump on board these lectures and other events as they arise. Not only are they super fun and educational, you’ll never know who you’ll meet. There’s more to your professional development than competing in moots. Expanding your horizons and educating yourself to the tune of your own intellectual interests is critical to your growth as a professional.
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bachelor of laws
the new arts degree? words: Daniella Hoy
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f you have been taught by Professor Charles Rickett, then the phrase, “those poor Arts students, everything is so simple!” will probably come to mind, and the idea of your law degree being compared to an Arts degree is probably making you shudder. After all, Law students aren’t well known for their unpretentious virtue. However, with the number of law students doubling in the past decade and an oversupply of law graduates entering the job market, the proportion of graduates who find full time work within the legal field has fallen significantly and law students are now being told to broaden their career prospects. The Arts degree was once hailed as the reining generalist degree and a path often taken by those in search of a broad knowledge base but unsure of what they wanted to do in the future. However, the oversaturation of law degrees in the job market has lead some people to consider Law degrees a good general qualification.
communicate effectively. Do I think that my law degree should be reduced to a broad generalist degree to be undertaken by those unsure of what they would like to do in the future? Absolutely not. Law is a highly specialised field that requires hours of dedication. A passion for the law should be a prerequisite. The cardinal purpose of a law school is to train future lawyers, just as the purpose of a medical school is to train future medical professionals. Would you tell a student of Medicine that they could do anything with their Medical degree? I for one am not spending an astronomical amount of money to work under nigh slave-trade working conditions for many years (while being subjected to an endless amount of bad lawyer jokes) just so that I can get into some generalist bankers program. If you’re looking for an expanse of knowledge to draw upon, why not combine your Law degree with a proper generalist qualification such as Arts or Management? For those of you who are truly passionate about the Law, don’t be disheartened. Legal careers will always exist as long as the generalists out there continue to be negligent.
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Well fear not, dear law student, because those who would have you believe that your hard earned Law degree is anything remotely like an Arts degree is probably an Arts student themselves. No one can dispute the fact that a Law degree will equip you with highly sought after skills such as analytical reasoning; critical judgement; advanced research skills; complex evaluation skills from a range of sources; problem solving skills; and the ability to write concisely and
The idea of your law degree being compared to an arts degree is probably making you shudder.
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8 simple rules for
dating a teenage law student words: Meredith Hennessy
Meredith Hennessy sets the precedent for love discussion with your potential partner about whether it’s going to be Law, your partner and then everything else or Law, everything else then your partner.
image: Karena
The Exception: We know the law, law and then more law people exist out there, you HD students. Just don’t rub it in our faces or we may have to start loudly talking about our relationship issues in the silent areas of Level 6.
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ule One: Find someone who is either really interested in, or can feign interest in, the law.
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The Exception: Do allow them to talk about their interests, without interjecting with the legal implications of it. Yes, thanks to our wonderful lecturers we know that LAW IS EVERYWHERE, but that doesn’t mean you have to point it out. It’s like death; we all know it’s inevitable, but talk about it 24/7 and people will stop hanging out with you. Rule Two: I was watching True Blood the other night and they were talking about how to order your priorities in life; either God, Country then Family, or God, Family then Country. Have the same
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Rule Three: Now, on a serious note. Some of the best advice I have ever read (I’m a law student, I don’t have enough time or social interaction to receive advice; I read it), is ‘you never win an argument with somebody you love’. Of course, all our family law students will beg to differ, but just keep this in mind next time you get into an argument with your partner. The Exception: If you can’t stop trying to win arguments, at least put it to good use and enrol in the Mooting competition. Seriously, even if you end up watching your partner drive away from you with the cat you tried to argue was a part of the joint tenancy, at least you won’t fret about your wasted potential.
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Rule Four: Learn the subtle art of pre-emptive apology. You will need it when exam time rolls around. The exception: At some point, you will no longer need to buy flowers and dinners in the lead up to exam period. You partner will know the deal, and hopefully leave you the fuck alone for three weeks and then hold your hair back when you come home after your ‘quick celebratory drink’ following your final exam. Rule Five: Capitalise the hell out of being a law student with the in-laws.
Find someone who is either really interested in, or can feign interest in, the law The Exception: Unless you like living on the dangerous side of liability, do not advertise yourself as suitable replacement to real legal advice. Although Cousin Jen might want to know whether she should go to the Tribunal, or Uncle Joe wants to know what to do about a speeding fine, just spout some non-committal, wise-sounding lines before giving them the UniSA Legal Advice Clinic’s phone number.
discussing protection of journalists? ‘It’s going to be a networking event. If you want to have fun, maybe stay at home’ And the blatant lie: ‘They don’t just talk about law all the time.’ Rule Seven: At some point in your relationship, you will be able to calm, assist or support the person you love with your knowledge of the law. This will remind you why you started this degree in the first place. The Exception: You will have to talk your partner, and their friends and family, through what to do if they receive a ‘speculative invoice’ for downloading movies. This will be enjoyable the first couple of times, but you may end up screaming “SCREW ‘EM ALL, THOSE CAPITALIST PIGS” after the hundredth time. Rule Eight: Find someone who is the complete opposite of you, or someone just as neurotic as you are. The Exception: None
Rule Six: Communicate early in the relationship about what to do for law events. These are real quotes from the last four years of my relationship: ‘What do you mean you are not interested in a Swedish High Court Judge Such as the love between one and their fuzzy pink poncho
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how to:
exam study
wilbur J
words and images: Wilbur Jordan
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usual suspects
the usual suspects
2015 Client Interview final, competitors with Judges Rachel Spencer and Matthew Atkinson.
Cowell Clarke 2015 Negotiation Competition.
Lipman Karas Open Moot finalists.
Winner of the Witness Examination Comp for 2015, Laura Crase.
Sunny Luthra, examination-in-chief for the Wit Ex comp. Tim Preston, senior prosecutor, judges. Jake Collins plays an Adelaide Law Student as witness.
Judging the Lipman Karas Open Moot final, L-R: Sam Gomersall, Principal of Lipman Karas; former Supreme Court Justice Michael David.
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is the only
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a USALSA publication the © 2015
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