The Obiter Issue 19 by The Obiter Magazine

THE OBITER MAGAZINE ISSUE 19

TRIMESTER THREE 2017 The University of South Australia’s Law Students’ Association is proud to present the 19th Issue of the Obiter Magazine & the 2017/18 publication team’s fresh new looking, all online platform.

Opinions are those of the author and not necessarily the view of the UniSA Law School, USALSA, or The Obiter.

Layout/Design: Alexander Hamam Cover: Alexander Hamam

MEET THE TEAM

INDEX

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EDEN PANOZZO Publications Director/Co-Editor-In-Chief

ALEXANDER HAMAM Publications & I.T. Officer/Graphic Design/ Co-Editor-In-Chief

JESSICA PUNCH Graphic Design/Editor

contents 1. USALSA NEWS

Get updated with all the USALSA and Law School news you need to know. In this edition: PLT Fair/Speed Dating, Pubcrawl, Movemnber, Mediation Comp, and The Obiter.

2. PRESIDENTIAL LETTER

A letter from the incoming 2017/18 USALSA President, Jessica Punch.

3. MEDIA REGULATIONS

Eden explores the current laws and regulations that govern the media/journalism industry in Australia.

4. UNISA LAW REVIEW

Alyse gives an insight into the UniSA Student Law Review, as well as how to get involved.

5. INTERVIEW

Alexander interviews local Adelaide pychologist Nicole Viscione about coping with the stress associated with studying law.

6. FIRST YEAR REFLECTION 22 First year student, Teresa, reflects on the year that was, taking a satirical yet sentimental reflection.

7. NOVICE MOOT

We recap the novice moot, speaking with winner Liam, as well as runner up, Claire.

EDITORIAL Putting together this edition of the Obiter was a scary task. It was our first publication as the new USALSA Publications team, and we felt the heavy burden of pressure to ensure this edition was of the same high quality standard we have all come to expect from the Obiter. With this in mind, we got creative with our design and layout options, and have delivered what we hope, is a fresh and modern take on UniSA’s only student magazine for law students. This edition includes two feature articles; an interview psychologist Nicole Viscione with a strong focus on mental health and how to cope with the pressure of studying law, and an article focusing on UniSA’s Student Law Review. With Australia’s current media regulations under scrutiny, we have an article discussing whether our media requires more, less, or the same level of regulations. We also have a light-hearted look at a first-years’ experience at law school, as well as a recap of the extremely successful 2017 Novice Moot. We have a look at the events and opportunities USALSA has been able to provide students this trimester, and we welcome our new USALSA President Jessica Punch in her first Obiter piece as President. We hope you enjoy this edition of the Obiter! Eden Panozzo and Alexander Hamam Publications Team 2017

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USALSA

USALSA NEWS

As the year draws to a close and end of year exams roll around again, the academic and USALSA calendar offers a short period of respite. Nevertheless, Trimester 3 has been exceptionally busy, so let’s recap the Trimester that was…

Tri-varsity Mediation Competition UniSA, Adelaide University and Flinders University organised a tri-varsity Mediation Competition for the first time this year. It was held in September and October with many students interested. The competition was organised and run through the support of Alison Shaw from Shaw Mediation and the Resolution Institute of South Australia. Mediation is an alternate form of dispute resolution to promote negotiation between parties to avoid court proceedings. As a result of this, mediation differs from some of the other competitions offered through the university as it required very little knowledge of the law. A level of familiarity with the facts and a basic structure on how to use the allocated time is all that was required for preparation. The competition was held at Adelaide University over two days. The competition comprised of an information session, a training session, preliminary rounds and finals. The training session saw students mentored on the process of mediation by many professionals in mediation.

“Professional mediators acted as judges and provided extensive and invaluable individual feedback, which I will carry with me into future competitions.”

TRI-VARSITY MEDIATION COMPETITION UniSA students at the tri-varsity mediation competition with Alison Shaw. (Left to right) Emma Martin, Laura Curran, Alison Shaw, Courtney Dolphin & Aste Corbridge.

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The competition involved students acting as the mediator of two parties, where the parties were played by other competitors. From UniSA, there were four competitors- Emma Martin, Courtney Dolphin, Laura Curran and Aste Corbridge. Laura Curran and Aste Corbridge made it through to the quarter finals and narrowly missed out on the grand final. Well done to all four competitors for giving it a go where they had not done mediation before. All participants gained a lot from the experience and developed new skills. UniSA thanks Alison Shaw for her involvement and enthusiasm in getting this competition going. UniSA hopes to continue this competition and aim for other future tri-varsity competitions between UniSA, Flinders University and Adelaide University.

“I would encourage everybody to compete in mediation if it is run again next year.”

Trimester 3 Pubcrawl The Trimester 3 pubcrawl for 2017 hit the streets of Adelaide at the end of week 8, with 50 strong UniSA law students coming together for the ‘Join the bar’ themed event. This Trimester we were fortunate enough to secure five venues for students to explore, mixing it up, and giving students a little more variety. The event began at the newly renovated West Oak Hotel just out the front of the City West Campus on Hinley Street. Crawlers later made their way to Currie Street for the Duke Hotel’s cheap specials, before making their way back to the party strip. Up next came The Dog and Duck, where the party started to get into full swing. It was later followed by the Black Bull, where pubcrawlers from other schools began to flood in also. Fuelled with a determined attitude to make it to all five clubs (and maybe a few shots of tequila), everyone made their way to The Wooldhed, the final venue for the night. Looming exams where considered child’s play when students faced the bull, with some realising a career in law was probably where their talent lies, where others were surprised to discover the country life might have been a great backup career option. This Trimester’s pubcrawl was certainly no Trump Crawl, but it certainly was a night to remember (even if you woke up not remembering it). These socialising events are excellent opportunities to meet fellow law students in an informal setting, and who knows, you might just meet your future BFF, lover, colleague, or even mother-in-law at one of these events. A big thank you goes out to all the students that attended; we hope you had just as much fun as we did, and we look forward to seeing you all at USALSA’s biggest, craziest, and exciting pubcrawl in Trimester 1.

* A note: Sadly, just like all good things, the Trimester 3 pubcrawl has come to an end, and will no longer be run come 2018. In its place, another surprise event is to be introduced for 2018, so stay tuned for some very exciting things to come!

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SPEED DATING EVENT Students at the Speed Dating Network night, which saw an excellent turn out of both practitioners and students

PLT Fair USALSA held our annual Practical Legal Training Fair on Friday the 20 th of October in week 5. The PLT Fair was attended by some of Australia’s top GDLP providers, including: The Australian National University, The Leo Cussen Centre for Law, The Law Society, and The College of Law. USALSA would also like to extend our gratitude to Rachel Spencer, who played a pivotal role in the organisation of this event. This event provided students with the opportunity to explore different GDLP programs, placement, and admission opportunities, and it it also allowed students to ask providers about any questions they had regarding the completion of their GDLP after they have finished their law degree. For students who were unable to attend the PLT Fair, and are interested in the providers that were present, spare information bags and booklets are available from the USALSA office (LB2-14).

Speed Dating Networking Event USALSA held its Speed Dating Networking Evening on Friday the 24 th of November at the West Oak Hotel. The night was a success, with a total of 25 students and practitioners attending the event. This event was aimed at students completing any stage of their degree to be able to improve their networking and conversation skills. Practitioners and students were organised into small groups and students moved tables every 15 minutes. This event allowed students to converse with practitioners in an informal environment and speak with practitioners regarding any questions or concerns they had about the industry.

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Movember USALSA has been a long-time supporter of Movember, and this year has been no different. With a female dominated committee however, it made it quite difficult to support the charitable event in its traditional fashion. Many of the committee, including our President Jessica Punch, and Secretary Emma Martin, bravely opted to give up coffee for the entirety of November in a bid to raise funds. In total, we raised an impressive $1,420 for the month of November, with Seamus Brand, USALSA’s 2016/17 President, raising a staggering $1,110. Here’s what Seamus had to say about why Movember is so important to him: “Movember is really important to me as it starts a conversation. The caterpillar on my lip has given me a great opportunity to get men to talk about how they really are, and to get help if they need it. Mental health is really important to me, and I see so many lawyers and law students struggling with it every day. I’ll do anything I can do to help them, and Movember lets me do that”.

EXECUTIVE

L A I T N E D I S PRE R LETTE

A letter from the incoming USALSA President for the 2017/18 term. Handing the Obiter over to the new Publications team was a bitter sweet moment. Having produced the past two editions, I can comfortably say I will not miss the stress of trying to put together an acceptable publication despite knowing the bare minimum of InDesign and the looming fear that there are mistakes hidden throughout the magazine. Thankfully, we have gained a competent Publications team who have taken this edition to another level. It feels as though Trimester 3 went by in a blur. USALSA has had a busy trimester with a new committee, donut day, the ‘join the bar’ pub crawl, the Novice Moot, the first ever Mediation Competition, the speed dating networking event and now our final Obiter for the year. We also managed to raise $,1420 for Movember! A big shout out to our immediate past President, Seamus Brand, for raising the bulk of it.

Competitions team outdid themselves with the Novice Moot. It was a privilege to watch so many first-year advocates deliver their arguments at such a high standard. I want to congratulate our four finalists, Liam, Claire, Victoria, and Ryan. Just over one year ago I was in their shoes competing in my first ever moot and I couldn’t help feeling a sense of relief that I was not the one being grilled by the judges. Good luck to everyone with upcoming exams. With stress at its peak, don’t be afriad to reach out and talk to someone if you feel overwhelmed. Always remember that exam results do not define your abilities. Check out the feature article with Nicole Viscione for some fantastic tips to get you through. I’d also like to congratulate everyone who is finishing their final trimester of law. Stay safe and have a relaxed summer break.

I consider the highlight of the trimester to be our Novice Moot competition. Our Jessica Punch 2017/18 USALSA President

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RATIO

MEDIA REGULATIONS Words by Eden Panozzo

I INTRODUCTION A free press is essential to the foundation of a successful democracy. It helps foster debate and keep the public informed, allowing them to draw their own opinions from the news (Lyndon & Nicol, 2013, p. 4). However, this freedom is not unrestricted. Regulating a so-called ‘free press’ is an odd concept, considering the definition of ‘free’ is to not be under the control of anyone else. However, it is vital, as news media outlets have the responsibility to ‘meet fundamental standards of fairness, accuracy, truthfulness and transparency’ (Lyndon & Nicol, 2013, p. 4). As it stands, Australia’s current news media regulations for television, print and radio broadcast are set out by five tests; the ‘75 per cent audience reach’ rule, the ‘2 out of 3’ rule, the ‘5/4’ rule, the ‘1-to-a-market’ rule, and the ‘2-to-a-market’ rule. These rules, set out in the Broadcasting Services Act 1992, place restrictions on the number of broadcasting services one person can control. This aims to ensure that any one broadcasting license area is not saturated with media from one particular source, and instead, provide the Australian public with a diverse range of ‘media voices’ (Department of Communications and the Arts, 2016). The Australian Press Council is also the primary body in charge of dealing with complaints about Australian news media (Australian Press Council, 2011). Over recent years there has been a push from within Australia itself to review these regulations and consider whether they are too restricting or allow news media sources too much freedom. This debate will constitute the majority of this discussion. II PREVIOUS ATTEMPTS AT REFORM A need to review media regulations 8

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came to the Australian Government’s attention in 2011 after the phone hacking scandal in the UK and a realisation that the ‘Australian media was too culpable of transgressions and needed to be restrained’ (Fernandez, 2013, p. 25). Technological advances and the new digital landscape began to surpass the current regulations and the need to update them was found to be necessary (Fernandez, 2013, p. 25). The Finkelstein Review was commissioned with the main aim to keep Australia’s media regulation in line with modern advancements. The biggest recommendation to come from this review was the introduction of the News Media Council, given a watchdog role, with the responsibility of overseeing all current standards of the news media are adhered to. Essentially it would replace the Australian Press Council, however would be set up as an independent body, free from government influence and would develop new standards of conduct, in a similar way to the Australian Press Council and the Media, Entertainment and Arts Alliance (Fernandez, 2013, p. 50).

‘Citizens and organisations should be able to communicate freely, and where regulation is required, it should be the minimum needed to achieve a clear public purpose’, (Goldsmith & Thomas, 2012, p. 44.1) was one of the leading principles given to guide those on the review committee. The Convergence Review Final Report recommended that commercial television and radio should continue to broadcast a specific amount of time to matters relating to local regions, however does not specify what these time requirements should be (Goldsmith & Thomas, 2012, p. 44.9). Goldsmith and Thomas (2012, p. 44.10) consider that despite the good intentions of the Convergence Review to tackle the evolving digital media landscape, it lacks the insight into the opportunities this dynamic new era presents, and instead placed an overly wary focus on the immediate state of the media. Both of these reviews focused on and recommended the establishment of an independent regulator as a solution to the current problems they discovered (Gordon-Smith, 2012, p. 46.1).

The emergence of the internet and its ensuing popularity has revolutionised the way news and media are delivered and consumed by the public. This, along with the introduction of global media sources, has created a range of new challenges to Australia’s current broadcasting regulations (Robertson, 2013, p. 3). In response to this, the Convergence Review was commissioned in 2010, with the express aim of examining the current regulations and their purpose, and to devise a new structure with strong foundational principles (Goldsmith & Thomas, 2012).

III CURRENT PROPOSED CHANGES In 2016, the Australian Government introduced proposed changes to the current regulations surrounding media control. These changes included the abolition of the ‘75 per cent audience reach’ rule and he ‘2 out of 3’ rule (Department of Communication and the Arts, 2016). The ‘75 per cent’ rule prohibits one person from exercising control of commercial television broadcasting licences whose combined licence area reaches more than 75 per cent of Australia’s population, while the ‘2 out of 3’ rule prevents a person from controlling

CURRENT REGULATIONS

EVOLVING PLATFORMS

INDEPENDANT NEWS AT RISK

Currently there are five tests to ensure any one broadcasting license area is not saturated with media from one particular source.

The emergence of the internet has revolutionised the way news is delivered and consumed by the public, creating new challenges to these regulations.

Proposed changes to these regulations could lead to independent news outlets being stamped out by more powerful media companies.

more than two of either a commercial television, radio or newspapers in one radio license area (Department of Communication and the Arts, 2016). These two proposed changes have been met with mixed reactions, as the resulting outcome would allow a person to control television broadcast licenses that cover the entire Australian population, and allow a person to control all three media types (commercial television, commercial radio and newspaper licenses) within a single radio license area. This relaxation of the current regulations could lead to an even narrower media landscape in Australia, and allow smaller, independent news media outlets to be stamped out by more powerful media companies. Other proposed changes introduced by Minister for Communications, Mitch

Fifield, included abolishing broadcasting fees, something he deemed as from a ‘bygone era’ (Fifield, 2017). Fifield claimed to have the entire media industry backing the reforms, and while people may not always like what is published, he acknowledged that the free press is ‘an important underpinning for the diversity and health of Australian democracy’ (Fifield, 2017). From this, it can be assumed that through the proposed changes, the government does not intend to inhibit or further restrict the news media’s ability to discover and share information, but rather to help foster a healthy delivery of news to the Australian public. It is yet to be seen however whether these amendments will deliver on this, or in fact decrease the diversity of voices heard in the Australian news media. IV AUSTRALIAN PRESS COUNCIL The Australian Press Council was set up in 1979 and is responsible for ensuring ‘good standards of media practice, community access to information of public interest,

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and freedom of expression through the media’ (Australian Press Council, 2011). Being a self-regulatory body, the efficiency of the Australian Press Council and other self-regulatory methods of monitoring news media have been questioned, and particularly, their lack of power to enforce serious punishments to offending bodies when their code of ethics and standards have been breached (Donovan et al. 2013). One of the main issues within self-regulatory bodies is their perceived inability to provide an unbiased response to a complaint, when they themselves hold an interest in the parties involved in the complaint. An important detail about the Australian Press Council is that of its 22 council members, a majority of them have ties to the industry, and that it is funded largely by the media industry itself, calling into question whether the decisions made are not as impartial as they should be (Donovan et al. 2013). In an attempt to alleviate the strong current weighting towards the media industry, the Australian Press Council could perhaps take a similar approach to the UK Press Complaints Commission where a strong majority of their council are public members with no connection to the industry (Donovan et al. 2013). This may increase the Australian public’s confidence in the Council’s ability to effectively handle their complaints relating to print media. V IS MORE REGULATION REQUIRED? Incidents such as the phone hacking

scandal highlighted the lack of accountability from within media corporations. Rupert Murdoch refused to take ultimate responsibility and instead placed blame on the individuals who were involved. This kind of denial is not uncommon and once again occurred when reports of salary cap breaches of a subsidiary of News Limited were taken to court (Breit & Ricketson, 2012, p. 43). This, along with accountability not rating very highly among the priorities of media companies’ practices, as discussed by Lidberg (2012, p. 85), begs the question of why something has not been done sooner to address this issue. It is clear that regulations should be put in place, to hold media companies accountable for their actions and what they are publishing - after all, they are the ones informing the Australian public and have the capability to influence the public’s perception on any number of matters. VI CONCLUSION There is an obvious push to reform Australia’s current news media regulations, however the best way forward is still unclear. The previous Convergence Review identified the need to adapt current regulations to keep up with and accommodate for the everevolving digital landscape and the way it has and still is changing consumer behavior when receiving news. The main findings of this review highlighted the importance of keeping a diverse range of news and, in particular, a significant

focus on content focused on the local region to which the news is being broadcasted. However, as Goldsmith and Thomas (2012, p. 44.10) discuss, the Convergence Review did not appear to draw upon enough academic research and analysis to be completely reliable. The Finkelstein Review recommended a new alternative to the Australian Press Council, however this has not been implemented. The Australian Government’s proposed changes would relax the current ownership rules regulating broadcast television, commercial radio and newspapers. There is strong support for these reforms however there are also major concerns about the possible outcomes. With these reforms comes the potential of opening the floodgates for larger media corporations to completely overwhelm the Australian media landscape. Both of the Convergence and Finkelstein reviews found that media companies did not view accountability with particular importance (Lidberg, 2012, p. 85), and so the introduction of the Government’s current proposals may allow this practice to continue. It is clear that the current regulations require amendments to adapt to the new digital way of news media, however a solution to adequately address all current issues has not yet been discovered.

BIBLIOGRAPHY

Fifield, M 2017, speech relating to Media Reform Package, Commonwealth Parliamentary

Australian Press Council 2011, What we do, Australian Press Council, viewed 9 Sep-

Offices, Melbourne, <http://www.mitchfifield.com/Media/Transcripts/tabid/71/articleTy-

tember 2017, <http://www.presscouncil.org.au/what-we-do/>.

pe/ArticleView/articleId/1353/Announcement-of-Media-Reform-Package.aspx>.

Breit, R & Ricketson, M 2012, ‘News’ Australian story of ethics and self-regulation: a

Goldsmith, B & Thomas, J 2012, ‘The convergence review and the future of Australian re-

cautionary tale’, Television & New Media, vol. 13, no. 1, pp. 41-47.

gulation content’, Telecommunications Journal of Australia, vol. 62, no. 3, pp. 44.1-44.12.

Department of Communications and the Arts 2016, Updating Australia’s media laws:

Gordon-Smith, M 2012, ‘Finding someone to trust: why do reviews of Australian media

overview, Government of Australia.

regulation propose new independent authorities’, Telecommunications Journal of Australia, vol. 62, no. 3, pp. 46.1-46.9.

Department of Communications and the Arts 2016, Updating Australia’s media laws: Australia’s media control and ownership rules, Government of Australia.

Hannam, D 1991, ‘Regulation and ownership of the Australian news media’, Cabbages and Kings: Selected Essays in History and Australian Studies, vol. 19, pp. 1-18.

Donovan, J, Fielder, L, Jalleh, G & Wilkes, E 2013, ‘The publication of Australian Press Council adjudication 1468: a failure to meet ‘due prominence’ requirements’, Journal

Lidberg, J 2012, ‘‘If it ain’t broke, don’t fix it’ - Australian media industry attitudes to regu-

of Public Affairs, vol. 13, no. 1, pp. 23-32.

lation and accountability reforms’, Pacific Journalism Review, vol. 18, no. 2, pp. 68-88.

Fernandez, J 2013,‘The Finklestein Inquiry: miscarried media regulation moves miss

Lyndon, J & Nicol, D 2013, ‘Media regulation in Australia’, Precedent, vol. 117, pp. 4-9.

golden reform opportunity’, The Western Australian Jurist, vol. 4, pp. 23-60.

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Robertson, I 2013, ‘Over-regulation is stifling Australia’s media’, Policy: A Journal of Public Policy and Ideas, vol. 29, no. 1, pp. 3-7.

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FEATURE

Gain an insight into the UniSA Student Law Review with Alyse Dickson

UNISA STUDENT LAW REVIEW

feature article Words by Alyse Dickson

The UniSA Student Law Review was started in 2015 by a group of UniSA law students as an avenue for students to publish their academic work to the world at large, in partnership with outside academics and practitioners. Three years on, the Law Review is stronger than ever and is gaining recognition as a valuable academic source (it is available on Austlii now which is the epitome of success if you ask me). Our Law Review is slightly different from the traditional law school reviews, whereby articles are predominately written by academics and edited by

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students. We work on a ‘lead and response system’ - the lead article is written by a student, which is followed by a number of response articles written by outside academics and practitioners. Furthermore, our Law Review is entirely student run, with Associate Professor Julia Davis as the supervising academic and student mentor. With 2017 coming to a close and the finish line one year closer, it is important to reflect on your achievements at law school and ask yourself whether you have taken every opportunity available to set yourself apart. If you’re looking at applying for clerkships, graduate roles,

and associateships, being involved in the Student Law Review is a great way to demonstrate to employers that you are keen to get involved in activities outside of attending classes and studying. There are two ways students can be involved in the Student Law Review for 2018: publishing an article and/ or joining the Editorial Board. For the past three editions, student articles have been selected from the major assessment submitted in the ‘Writing for Publication’ elective or ‘Honours One.’ This is certainly an incentive for students to produce a banging article with pristine footnotes. Having an article published is a massive game changer for law students – it demonstrates an ability to tackle in-depth legal issues and is prima facie evidence of good research and writing skills. Also, when people search your name on the internet, the article is one of the first results that pops up!!!

THE EDITORIAL BOARD

Each year a new Editorial Board is established and students in their second and third years of law school are encouraged to express their interest. As editors, students are responsible for ensuring that the articles are suitable for publication. This includes proof reading, verifying footnote references, structural editing, AGLC compliance, typesetting, and other duties that come up along the way. Riveting stuff, really.

Becoming an Editor is a fantastic way to improve on AGLC compliance and hone in on editing skills. But it is not walk in the park. The Law Review is a huge time commitment; editors are required to attend regular meetings and communicate with authors, and the general editing process can be slow and tedious. But it also instills time management skills, endurance and commitment – all vital skills for success in the legal profession. Tracy Riddle from KelledyJones Lawyers emphasises importance of editing skills in legal practice: “Sloppy editing and grammar can serve not only to leave your client with the impression that you do not possess the technical skills and aptitude of a consummate professional, but that your advice is inaccurate, or otherwise, not to be trusted. For these reasons, the importance of close, careful editing is key. … over the course of my career I have been involved in numerous recruitment processes, and I have lost count of how many applications have been set aside because they are poorly drafted, contain spelling errors, or, of most concern, the name of the legal firm or contact point has been misspelt.” THE OBITER

Vanessa Deverson You can read Vanessa’s article ‘Child Abuse and Neglect: Mandatory Reporting and the Legal Profession’ in the second edition. “… Having my article published was one of my greatest achievements while at law school. I learned so much from the process, developed research, writing and editing skills, and I am so proud of the finished result. “

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I applied to be an Editor in 2016 as way to improve my grammar and editing skills in the lead up to my Honours thesis; however, I gained far more than that. I have made connections with legal professionals Australia wide, and I have built a positive reputation among our law school academics, whose references were vital for me in gaining graduate employment. Probably the most valuable experience is the pride in seeing your hard work go to print, and having cocktails with everyone involved at the end of it.

•

The Third Edition of the Law Review is due to be published in January 2018 and will contain the following student articles: • ‘Liability for Doxing – and the Right to Informational SelfDetermination’ by Aste Corbridge;

The Student Law Review is independent of USALSA and the Obiter Magazine – the Editorial Board is selected by the Supervising Academic based on academic merit and enthusiasm.

•

‘AirBnB: Rights of Hosts, Guests and Neighbours’ by Alex Lazar; and Evaluating Australia’s New AntiPiracy Website Blocking Laws’ by Patrick Tyson.

You can check out the first and second edition of the UniSA Student Law Review at: https://www.ojs.unisa.edu.au/index. php/uslr Keep an eye out for your invitation to express interest in being a part of the 2018 UniSA Student Law Review Editorial Board.

Travis Shueard Travis is the founder of the Law Review – a project that he conceived and executed in his second year of law school. Travis is now a solicitor at DMAW Lawyers.

“Involvement with the Law Review holds many practical benefits for both studies and gaining employment – employers view involvement with the Student Law Review as a fine example of team work, an eye for detail, time management and initiative.. Publications are also regarded highly by the profession. To be successfully published in any journal requires precision, dedication, prefect written expression and a clear understanding of the law. As a published author, I can personally attest that employers are very impressed by the time and commitment necessary to become published. I encourage students interested in writing for the Law Review to give it their all.”

Seamus Brand Seamus is a final year law student and recently appointed associate to Justice Judith Hughes. You can read his article ‘Australian Live Animal Export: A Comparative Examination of Viable Alternatives’ in the first edition. “I was dragooned against my will into the first Law Review editorial board in 2015. I was in my second year and wasn’t sure about how much I could take on, but looking back it was one of the best moves of my university career. Not just for the pride of putting out the first edition but for the substantive benefits it has given me seeking employment: I learned skills that prospective employers are looking for and I haven’t had an interview yet where it wasn’t a talking point. Also Obama was a Law Review editor so it’s cool having something in common with him.”

Patrick Tyson Patrick is an Editor & Author at the UniSA Law Review

“The Law Review is an important initiative and one that all law students should aspire to be involved with. It provides valuable insight into the operations and processes of an academic journal and assists students to further apply and develop their attention to detail and legal writing skills.”

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INTERVIEW

FEATURE

WITH PSYCHOLOGIST

feature article 16

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NICOLE VIS Alexander was fortunate enough to interview local Adelaide pychologist Nicole Viscione and get some advice on how to deal with the stress associated with studying at Law School

NICOLE VISCIONE Psychologist BA (Hons) Grad Dip Psychological Practice, AMAPS

Nicole graduated from UniSA in 1997 and later became a registered psychologist in 1998. She later moved to Melbourne where she worked as a psychologist in a big rehabilitation company, assisting people to return to work after they had sustained work related injuries, been involved in car accidents, or been a victim of crime. Nicole worked in Melbourne for around 8 years, before coming back to Adelaide and working in a similar field for a few years. In 2011, Nicole went into private practice, and she now works in her own practice within the Hindmarsh Medical Clinic. In her role, Nicole sees a wide range of patients who suffer from a range of mental conditions, such as; depression, anxiety, personality disorders, as well as chronic mental health conditions like bipolar disorder, grief, and loss. Nicole also has a special interest in assessment and treatment of Post-Traumatic Stress Disorder, and she also does a substantial amount of medico legal work for the courts.

Q A

University can be a tough time for

students, do you have any advice for

SCIONE Interview by Alexander Hamam

students to minimize stress?

University can be a tough time for students, do you have any advice for students to minimize stress? There are so many things you can do to improve your mental health and reduce stress. A few things include: avoiding self-criticism, as well as making time for your favourite hobbies or interests – whether that be exercise, music, dancing, reading, or whatever helps you to unwind and relax. Taking care of yourself physically is important as well – eat nutritious food, avoid smoking and excess alcohol, drink lots of water, and exercise. Physical exercise helps decrease depression and improves your general mood. Getting enough sleep is also very important because this can help avoid the development of depression. Learning how to cope with stress is an important skill. Stress is a part of all of our lives, and trying things like walking, playing with a pet, writing in a journal, exercising, tai chi, meditation, or yoga gives you an outlet. Having a sense of humour and laughing helps a great deal too. For students, it’s important to set realistic goals with what you want to achieve academically. It THE OBITER

can help to write down the steps you need to take to realise your goals. Aiming high is great, but it’s important to be realistic and don’t over schedule. There is a tremendous sense of accomplishment and achievement when you progress towards your goal, and the best way to experience that, is to set out small steps which you can realistically fulfil.

Q A

Can you please discuss the importance of maintaining good mental health while

Studying can take up a substantial

portion of time, especially come exam

time, what is the importance of finding time to socialise, or have ‘you time’?

Having time to yourself or to socialise has many benefits especially around exam time or time where you’re under considerable pressure to perform. The benefits include:

studying?

It is so important to maintain good mental health while studying, just as in all aspects of your life. It helps you to make good decisions, and establishes good habits for later life as well. Eating well, reducing alcohol and drug use, using health coping strategies such as exercise, talking to someone, writing, art work, or any number of other activities will help you to deal with stressful times later in life too.

Relationships can suffer during peak times at university, what can students do to ensure they maintain healthy relationships with their friends, family, and loved ones?

Studying can be all consuming if you let it be. It’s very easy to become completely absorbed in your own life, partly because your academic success demands it. However, despite the demands that university places upon you, it doesn’t mean that your friends, family, or loved ones should take any less priority. Plan ahead and budget your time so that you don’t miss out on any special occasions. Your effort will mean the world to your loved ones. You don’t have to spend a great amount of time or effort to show your loved ones that you’re still thinking about them. A five-minute phone call now and again, a text message to show them you’re still around – these small things can let that person know you’ve been thinking about them even though you have a busy schedule.

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• • • • • •

it gives you time to reboot your brain; helps you to unwind; improves concentration; helps you to concentrate and become more productive; allows time for deep thinking and helps you to problem solve; and it enhances relationships.

Many students will soon graduate and

transition over to working life, which can be a very stressful and daunting time. Is there any advice you can give these students in their first year in the work

force?

Yes...don’t put so much pressure on yourself to be the perfect employee! Most employers know you’re inexperienced, and will give you work they know you can handle. Ask questions, listen to what more senior employees have to say about their experience when they started out, never stop learning or reading about your profession. Know that even the most experienced professionals started out where you are. Allow yourself time to adapt and adjust to life in the workforce, try to maintain some sort of physical health, even though you might be putting in 12 hour days in the first year! Talk to family, friends, and colleagues who have gone through a similar experience. Give yourself time and be

Law is notoriously known for its

professionals having lower than average

mental health. What habits can students

get into now, to set themselves up for good mental health in their future studies and

career?

The habits you set up now whilst you’re in university will help you in your career later on, as well as in any other situation where you feel stressed. Some great habits to get into include; exercising, eating healthy, socialising, spending time with family and friends, having a hobby or some kind of activity that helps you to relax, as well as trying to establish a good routine where you break up the day into smaller chunks of time (i.e. set yourself regular tasks that are achievable and realistic), which also makes the day go faster and makes you feel more productive.

Q A

Who should students see if they are

currently in a bad state of mental health? And what how will this help?

There is a great deal of support out in the community for people who are suffering from mental health problems. A good place to start is by talking with your doctor who can rule out any physical basis for your symptoms, and can also be very important support for you in the long term. Your doctor can talk to you about symptoms of anxiety or depression for example, and help to establish if that is what you are suffering from. Your doctor can then refer you to a psychologist or to a mental health counsellor if that’s what you both feel would help you. Alternatively, you could access the university student counsellor who is also an excellent source of information and help. If you are at risk of self-harm or harming others, dial 000 or present to the Emergency Department at your nearest hospital. Other crisis support services include Lifeline (13 11 14), or Mental health emergency (13 14 65).

Q A

How can we look out for our friends at

uni? And what are the warning signs of someone with poor mental health?

If you notice that your friend’s behaviour has changed (i.e. they may have become more withdrawn, isolated, tired all the time, or agitated), and this behaviour is out of character, this could be a sign that your friend needs help. Sometimes people don’t want to ask for help, or may not even realise they are developing depression/anxiety, so it’s important not to rush in and force that person to seek help. It

might be more helpful to suggest they have a look at one of the websites I’ve mentioned further on (e.g. beyondblue), or offer to go with them to see a doctor or the student counsellor, offer to take them out for a coffee and a chat, or for a walk somewhere where they feel a bit more comfortable and willing to talk.

If students know someone who is

suffering from bad mental health, or see the warning signs, what can they do to

help?

There’s an excellent website called www.ruok.org.au which talks about this specific thing. The best thing you can do if you’re worried about someone who seems like they might be suffering, is to ask them if they’re ok, in a relaxed, friendly way. If they don’t want to talk, you have to respect that, and perhaps say to them, “if you ever feel like talking, I’m here”. If they do open up, its best to just listen without judgement, and let that person talk. You may not have the answers, or know what to say, but often people don’t want solutions to their problems, they may just need to vent. If you’re very concerned you may want to gently suggest to your friend that they seek professional help, and perhaps offer to help your friend find a counsellor or psychologist. It’s important to know your limits and not feel as though you have to help fix that person’s problems. Often times just listening to someone is a great source of relief for that person. It is always good to check in occasionally with your friend, show them that you’re genuinely concerned and are happy to listen if they feel like talking.

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Many people might think that they don’t need to seek help when they do. What

are the signs that you need to talk or get

help?

Finally, university is such a big milestone in someone’s life. Do you have any

concluding remarks on this, and the

importance of having good mental health so you can experience uni at its fullest?

Some of the symptoms of depression or anxiety you might notice include: • not going out anymore • not getting things done at uni/work • withdrawing from close family and friends • relying on alcohol and sedatives • not doing usual enjoyable activities • unable to concentrate • overwhelmed • guilty • irritable • frustrated • lacking in confidence • unhappy • indecisive • disappointed • miserable • sad There’s lots of information on the Internet about the signs or symptoms of depression, anxiety, or stress. Some very useful websites I direct many patients to, are: • www.beyondblue.org.au • www.blackdoginstitute.org.au • www.headspace.org.au (a particularly good resource for youth mental health) • www.phoenixaustralia.org These websites also have lots of tips on how to help yourself, and what you can do/where you can go to get help. A good place to start is to speak with your doctor who can refer you to a psychologist or a counsellor who can support you.

Yes, there’s lots you can do to make the most out of your student life and keep yourself as mentally strong as possible. Set yourself some goals, even things as basic as being on time to lectures/tutorials, or making a note of exam and assignment due dates, which can help break up the year. Try to also choose subjects that interest you as much as you can within the boundaries of your course. Developing friendships and a social support network is also a great way of debriefing with your peers about uni, and can help you learn coping tips to deal with stress from other students. Don’t be in a rush to complete your degree... Uni is a unique time in anyone’s life, and you want to look back at this time with fondness, so make the most of it by keeping yourself as fit and healthy as possible, both physically and mentally speaking. Ask for help if you need it, and don’t let things go to the point where it’s too late. If you’re struggling with an assignment, exam, or just feel down or stressed, tell someone. The earlier you say something, the easier it will be in the long run. If you or someone you know is at risk of self-harm or harming others please dial 000. For other crisis support services, call Lifeline on 13 11 14, or alternatively, Mental health emergency on 13 14 65.

Nicole Viscione is available for appointments if you wish to see a professional psychologist about any problems you are facing. You can find her at: Hindmarsh Medical Clinic 334 Port Rd Hindmarsh 5007

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0415 404 744

– Careers @ Cowell Clarke — Cowell Clarke are commercial law specialists. Our clients look to us to create value and manage risk. Our lawyers provide legal services, commercial advice and support to clients in all sectors of business and industry, across Australia and internationally. We offer summer clerkships, ongoing part-time law clerk positions and PLT placements.

— Summer clerkship applications Cowell Clarke participates in the South Australian Law Students’ Council Uniform Clerkship Scheme, which prescribes the following dates: Applications Open

Our programs are an integral part of the commencement of a career

9am — Monday 3 July 2017

in law. They can also lead to a full-time position as a graduate

Applications Close

solicitor. Our clerks experience the broadest range of practice

5pm — Monday 24 July 2017

areas, with rotations through property, corporate & commercial, and our various dispute resolution teams. While the focus is on variety, we are also happy to accommodate particular areas of interest. You will have access to and work with senior lawyers who are recognised as being the best in their fields. You will have direct

Commencement of Interviews 9am — Monday 31 July 2017 Offers of Clerkship 9am — Monday 28 August 2017

client contact. An element we believe sets us apart from other law

Communication of Decision

firms is the focus that our partners have on creating a supportive

9am — Tuesday 29 August 2017

and enjoyable work environment. You won’t be expected to work 16 hours per day. We recognise that it is not the time you spend at work, but rather what you do when you are there.

For further information about our clerkships and career opportunities at Cowell Clarke visit www.cowellclarke.com.au/careers

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FIRST-YEAR

LAW-SCHOO

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RS V

In this light-hearted article, Teresa reflects on her experiences in her first year at law school

OL (2017) 19 CLR 653 Words by Teresa Tripodi OBITER DICTUM Your Honour, may it please the Court, my name is Teresa Tripodi and I appear on behalf of all first-year law students. When you choose to study law at university, you don’t begin to fathom how much it changes your life. And I don’t mean in a spiritual sense. I do mean literally, to a point where you can never look at a ginger beer bottle the same, where you will constantly be hoping for a High Court decision where Kirby J isn’t dissenting. All your other friends in other degrees will tell you that their lives are relatively simple with their lectures averaging between 1-2 hours. As a law student, your lectures will average approximately 3 hours with over 50 slides. Do you think that’s bad? Get ready for when they’re all finished with exams and asking you to go out to celebrate while you’re only mid-way through your own trimester. It’s a painful conflict between partying and drinking with your friends while having that persisting thought in the back of your head of your 1500-word assignment that’s due the next day. Most of the time, it will just be easier to decline that request to go out and instead finish the assignment. Nonetheless, you will probably find yourself drowning in a state of melancholy when you see all the videos and photos of everyone else having a great time but at least you submitted your assignment on time right? Remember how hard you thought Harvard referencing was at high school? Make way for your next enemy; the boss of the level – the Australian Guide to Legal Citation. This enemy will pick up on your every move: your punctuation, your italicising, your square and round brackets and that dreaded full

stop at the end of your every citation. It’s always the same conversation with a distant friend, relative or even a stranger. Sometimes, you don’t even want to answer their questions when they ask what are you studying because you’re so familiar with the usual reaction of disbelief. Other times, you can’t resist saying it because maybe, it’s the only way to introduce yourself. And let’s not neglect the reading. At the beginning of your first trimester, you’ve purchased every textbook with that selfdetermination that you will complete each reading each week for each subject. By the second trimester, you attempt to follow through with completing all your readings while full well knowing that you only made it to week 3 in the first trimester. Finally, in your third trimester, you’ve given up on your readings in entirety. You didn’t even bother to purchase the prescribed textbooks. Your lecturers and tutors will most likely tell you that ‘your readings should take 1-2 hours’. That’s as likely as a Full Bench agreement in the High Court on a constitutional matter. If you’re still feeling guilty though, just remember that you always have next year to try (and most likely fail) again. Speaking of trimesters, no one ever tells you how short your holidays are. A two-week recovery after ten intense weeks of hastily noting down every word as the lecturer explains a case that you could not be bothered to read, or writing pages and pages of notes in SWOTVAC before your exams, is definitely not enough. I would like to propose a recommendation for at least a 5 week break with vital hand and head massage treatments because, after approximately

three exams in one week, you forget what both felt like when they were functional. Studying law can be distressing and confronting. It will never be simple, no matter how much you want it to be. But I think that’s something to strive for. As a law student, you never want to be doing something simple or something with no passion. Law is interesting, it’s perplexing and it will change the way you think and approach different outtakes in life. It’s not a joy ride that you can get on to pass the time. Your first assignment will possibly be your worst. The ratio for that? I believe that nemo dat is the substantial and operative cause as you cannot give what you do not have and when you’re submitting your first assignment, you do not have much to give. The best part of law school though? Being around others who are in the exact same boat as you. There is nothing more reassuring and comforting than knowing that if you don’t know how to interpret a statute in Public Law and Statutory Interpretation or have no idea what the Torrens system is in Property Law, that those around you don’t know either. Maybe after Constitutional Law, you’ll feel like a constitutional expert. And don’t stress if you’re critiquing a case in your assignments or exams and you suddenly feel like becoming Dennis Denuto where all you can comment on is ‘the vibe’. I can assure you that we have all been there.

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NOVICE MOOT Words by Hannah Thomas

We reflect on the 2017 Novice Moot hosted by Minter Ellison - speaking with winner Liam Waddill & runnerup Claire Zollo

OBITER DICTUM The 2017 MinterEllison Novice Moot was held in the middle of trimester 3 this year and was USALSA’s most successful novice competition yet. Each year USALSA has provided first-year students the opportunity to practice their advocacy skills in a stress-free environment, with no grading system. The Novice Moot is designed to encourage our first-year students to just give it a go and get involved with law school competitions early, something that many students have said has been greatly beneficial in both other competitions and their assessment pieces. This year’s first-year cohort showed keen interest in the competition and really impressed everyone who came to watch. Many students showed a great deal of enthusiasm and willingness to learn about mooting which was great to see. With a total of 12 competitors in the preliminary round it was a tough job for the judge for the day, Tracey Coleman, to decide who would be going through to the Grand Final. All competitors in the preliminary round showed great commitment and a very high standard of skills for the first moot.

The Grand Final was held in November at MinterEllison law firm and was adjudicated by MinterEllison’s Gary Coppola, Special Counsel in Workers Compensation and the Honourable Justice Doyle of the Supreme Court. Our four grand finalists were Claire Zollo, Ryan Feuerherdt, Victoria Darzanos and Liam Waddill. Strong support was shown for the finalists, with friends and family turning up to watch. The competition was engaging to watch, with all students showing strong oral and written advocacy skills. Despite their nerves, all four competitors pushed through to deliver an incredible moot. USALSA imagines it was not an easy decision for the judges. After 50 minutes of intense mooting and countless hours of preparation, Liam Waddill was declared the winner of this year’s Novice Moot and received a cash prize of $200. Claire Zollo was named runner-up and received $150. 2017 is the first year USALSA has been able to offer cash prizes, and this would not have been possible without the sponsorship of MinterEllison. USALSA hopes each competitor benefited their experiences and USALSA hopes to see of the novice mooters participating in the moot and other open competitions for

from many open 2018.

This year’s Novice Moot was sponsored by MinterEllison, an international law firm based here in Adelaide. USALSA thanks MinterEllison for their sponsorship and for hosting the Grand Final. USALSA also wishes to thank Tracey Coleman for her assistance in adjudicating and writing the question for the preliminary round.

WINNERS ARE GRINNERS

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The winners pose with the guest judges. (Left to right): Mr Gary Coppola SC, Claire Zollo, Liam Waddill, and The Hon Justice Samuel Doyle.

Winner: Liam Waddill

Runner-up: Claire Zollo

I found being a part of the Minter Ellison Novice Moot to be a worthwhile and valuable experience that I would recommend to any first-year law student. I was intrigued when I first heard about the Novice Moot as I knew that partaking would allow me to enhance my skills as a law student. Whilst I was hesitant at first that I could handle both the

The 2017 USALSA and MinterEllison Novice Moot preliminary and grand final rounds saw a phenomenal display of comradery, passion and, of course, beginner advocacy skills. The event afforded me a fantastic opportunity to learn practical skills in a fun and supportive environment. Deciding to participate in the event, my aim was to gently immerse myself into the art of mooting and to be exposed to an environment senior law students are only all too familiar with. I couldnâ&#x20AC;&#x2122;t have made a better choice. The event provided me with an invaluable experience, both for the knowledge and skills gained and also for the fun that was genuinely had by all. The initial training sessions ran by the knowledgeable and friendly USALSA committee members armed us with the know-how and encouraged us to slowly but surely start to feel confident in our submissions. Staring down a Supreme Court Justice and MinterEllison special barrister in the Grand Final, while daunting (read:

petrifying), allowed myself and the other three finalists to flex our junior mooting muscle and receive comprehensive and insightful feedback from legal experts. A special thankyou to the dedicated UniSA staff who assisted in the judging and organising of the event, the extremely supportive and committed USALSA committee members, in particular Hannah and Georgina and fellow competitors. I would absolutely recommend any future first year students to go for it. It may seem stressful and intimidating at first, but it will be an experience you wonâ&#x20AC;&#x2122;t forget!

Novice Moot and my already taxing workload from the other subjects I was enrolled in, I decided that such an opportunity to further myself as a law student could not be missed and decided to go ahead and sign up.

confident and calm speaker. Furthermore, I enjoyed having Tracey interject with questions as it forced me to think on my feet and not rely on prepared materials.

Partaking in the Novice Moot was beneficial to me in many ways. During the prelims, I worked with a fellow first-year law student on our written submissions, creating arguments to present to court, working through each issue and tying the law in with the given facts. These exercises were valuable for me as they allowed me to learn how to apply the law I had been learning in a short time frame as I would as if I were actually a practicing lawyer. Furthermore, I enjoyed the ability to improve my legal writing and the use of proper submission formatting in an environment away from my formally marked work as it allowed me to improve the way I write out arguments without the pressure of grades above my head. We then presented our submissions to the wonderful Tracey Coleman. Whilst a little nerve racking, as any oral presentation is, the chance to dress professionally and practicing presenting formal submission was something that I know will be helpful both in future subjects and my career. I feel that by just trying to take any opportunities to give oral presentations, like the Novice Moot has helped me become a more

After the prelims, I was lucky enough to be selected for the finals. Whilst the written submissions were much the same as the prelims, the presentation became more intense. Being up against incredibly dedicated and talented students and presenting in front of Justice Samuel Doyle and Gary Coppola, Special Counsel for MinterEllison made me feel as though I was actually in the South Australian Supreme Court. The judges were both incredibly supportive during the presentations, always trying to help us with our arguments and creating an almost discussion-like forum. I really enjoyed this type of presentation as, like with the prelims, it forced me to move around my arguments and respond to new and critical points. The finals were a whole new experience but I thoroughly enjoyed each moment. All the students that presented, both in the prelims and the finals, were outstanding. I feel so privileged to have been able to work with and against such hardworking students and even luckier to have been chosen to compete in the finals for such a rewarding competition. THE OBITER

THE OBITER MAGAZINE

TRIMESTER YEAR

ISSUE 2017

PAGES

A 2017 USALSA Publication