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Piper Alderman Lawyers Piper Alderman is a national commercial law firm with over 120 staff in Adelaide and more than 325 people across the country. Our firm is committed to continual excellence in the practice of law, having been leading advisers to commercial interests across Australia for over 160 years. Our success hasADVERTISEMENT seen the firm consistently ranked as one of Australia’s leading law firms and independently recognised as an outstanding legal provider. Piper Alderman has five core practice areas: • • • • •
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Corporate Property & Projects Dispute Resolution Employment Relations Intellectual Property & Technology
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We work across a wide range of industries including: • • • • • • • • • • •
Agribusiness Banking & Finance Education Government & Administrative Law Health & Life-Sciences Hospitality, Tourism & Gaming Infrastructure & Projects Insurance Planning & Environment Resources Taxation & Superannuation
For further information, contact: Tony Britten Jones Partner t +61 8 8205 3334 tbritten-jones@piperalderman.com.au
www.piperalderman.com.au
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acknowledgements the obiter team would like to acknowledge the support of USALSA, Piper Alderman & the UniSA School of Law. Furthermore, we would be lost without the guidance of Quentin the Unicorn of Obligation & Norbert the Numbat of Notice. 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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contents
From the Editors Our Team & Guest Contributors Coming Events
billable hours
Billable Hours
features
profile news
Profile: Wendy Lacey
extra
Abigail Khoo
jonesj
An Eye for an Eye Makes the Whole World Blind
precedent
Meredith Hennessy
identityparade
One Lucky Intern Isobel Bailey
Closer to Home Royce Kurmelovs
Espresso Yourself Matthew Doran
The Revolving Door Abeir Zaid
Trivial Pursuit The Doctrine of Hating Hollywood Russell Jones
Law School Traditions
welcome to 2012 from the team at
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the magazine for Law students at UniSA
Cool CJ, Popular & Relevant JJ Roscoe Whalan
Identity Parade
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from the editors billable hours profile features news
Summertime and the livin’ is easy Fish are jumpin’ and the cotton is high
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Your daddy’s rich and your ma is good lookin’
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So hush, little baby, baby, don’t you cry
precedent identityparade
Where did our Summer go? It seems like only yesterday that we were finally finishing exams and looking forward to the holidays. Now, we find ourselves at the beginning of a new year, struggling to recall the afternoons spent lounging by the pool with a cool beverage at hand. It was a summer of bikie violence and the Kardashians (which is the greater scourge on society is yet to be established). Gotye claimed top spot in the Triple J Hottest 100 and Michael Clarke made over 300 at the SCG. We said goodbye to Whitney and hello to a new bundle of joy for William and Kate – a puppy. But enough of all that, you’re all wondering what is new here at the Obiter, right?
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Well, our first edition for 2012 sees Wendy Lacey in the hotseat for the debut of our Profile series. UniSA makes a big deal about learning from experience, so why not find out more about what experiences our teachers can share with us? This edition also sees the return of fan-favourite Billable Hours, with some advice for new students at UniSA. Along with Russell Jones’ rant about the law according to Hollywood, our new Identity Parade section and some insights into the plight of death row inmates in the United States, you will also find some interesting facts about our law school staff, the law school’s building, and how to become the Chief Justice of Cool at university. Just like a well rounded diet, the Obiter has a bit of everything in moderation. If you have any feedback, ideas or would like to become a contributor please let us know.
Matthew Doran Deputy Editor
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our team
Stephanie Hastie Marketing Director
Lauren Eacott Billable Hours
Meredith Hennessy
Roscoe Whalan
Alanna Wilson Billable Hours
Abeir Zaid Writer
Isobel Bailey
Guest Contributors this edition
Abigail Khoo Writer Russell Jones Writer Matthew Doran Deputy Editor & Designer Phoebe Bowden Editor Royce Kurmelovs Editor
Want to get involved in the obiter? Drop us an email at theobiter@usalsa.org Go on...you know you want to...
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coming events TrimesterOne2012 February
March (continued)
Friday 17th - USALSA Welcome Back Drinks - Worldsend from 5pm
March 28th - Negotiation Competition Training Session (12-1pm)
March Wednesday 21st - UniSA Careers Expo Convention Centre 11am-3pm Thursday 22nd - ANU Legal Workshop Presentation - 12-1pm, Law Building (LB130) Thursday 22rd - Staff & Students Lawn Bowls Night - Hawthorn Bowls Club
March 28th - Mooting Competition Training Session (5.30-7pm) March 29th - Witness Examination Competition Training Session (5.30-7pm)
April Tuesday 3rd - Round 1 Negotation Competition (5.30-7pm) Wednesday 4th - Round 1 Mooting Competition (5.30-7pm) Thursday 5th - Round 1 Witness Examination Competition (5.30-7pm) Wednesday 11th - All Competition Finals (5-8.30pm) Friday 20th - Alternative Careers Lunch (12-2pm) Friday 27th - Trimester One Pub Crawl (5pm-late)
May Monday 7th - Friday 18th - Study Period 2 Law Exams
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Bowls Night poster photo taken from Vancouver Leisure Society - www.vls.ca
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billable hours
...all the advice you could possibly need with Eacott & Wilson Dear Billable Hours, I am a first year law student and looking for some tips on how I can succeed in my studies. Freshman, SA Dear Freshman, We could give you some tips on how to succeed, but we are probably more experienced in giving you tips on what not to do. Firstly, do not ‘invest’ in a MacBook. Sure, it may seem useful and sleek, but we can assure you that you will spend your valuable lecture time warping your face on Photo Booth rather than taking those much needed notes. Secondly, don’t exclude the nerdy kids. Sure they may make you look ‘uncool’, but they are so useful come exam time. They are as desperate for friends as you will be for notes, so blackmail will be an easy task. Hope that helps, BH Dear Billable Hours, I am a first year law student and worried that I will no longer be able to maintain a social life at uni? Is this true? Social Wannabe, SA Dear Social Wannabe, Ahahahah. You make us laugh here in the Billable Hours office. Oh wait…you were serious?
when they tell you that you need to spend your weekends reading cases. They are just trying to destroy your life. In fact, nonexistent studies show that there is a 98% chance that your social life will improve tenfold now that you are a UniSA Law student. Enjoy, BH Dear Billable Hours, What are your tips on making new friends at uni? I’m excited to meet new people now that I am out of school. Forevee Alone, SA Dear Forever Alone, Making new friends at Uni is a fantastic idea. Getting through uni is a lot easier when you have a supportive group of people with you to share the experience. The regular law drinks, pub-crawls and quiz nights are an excellent way to meet new people. But do not venture away from the activities arranged by the law students’ association. In fact we suggest you don’t venture far from the law courtyard. You don’t want to associate with those simple Visual Arts and Tourism kind of students. Just remember, you are a law student. You are better than every body else. Fact Kind Regards BH
Of course you can maintain a social life at uni. Don’t listen to those pesky lecturers
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words Abigail Khoo image courtesy of UniSA School of Law
s a young girl, Wendy Lacey crashed into the Dame, a stick-thin, frail woman in her 90s.
female in federal cabinet, to her university life and influential teachers, Lacey’s love of politics and public policy was nurtured.
This was Enid Lyons, wife to Joseph Lyons, Australia’s prime minister from 1932 to 1939.
Lacey’s journey, along with challenges of study and working as a single parent, took her from University of Tasmania to the University of Adelaide and then to UniSA as a foundation staff member in early 2007.
Lacey, as a little girl playing chasey at a noisy and lively family gathering, stared at the ground in panic. Did she just break her Great Nanny’s legs? Associate Professor Wendy Lacey is a passionate lecturer and researcher, her areas of expertise covering constitutional, administrative and international human rights law. From bumping into an inspiration that was Enid Lyons, the first female member of the House of Representatives and the first
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However, despite the common misconception that some people are born screaming out their honours thesis, Lacey did not originally plan on a life of academia and where she is now is product of many years and people. Her childhood and youth played an important part in creating who Lacey is today. ‘I grew up surrounded by argumentative Catholics who loved debating politics and religion,’ Lacey said.
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Dr Wendy
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the woman behind the lecturer
the Obiter sits down with one of the School of Law’s most interesting people in the first of our staff profile series
‘If you went to a Lacey gathering it just got louder and louder and you couldn’t get a word in edgeways.’ Her parents forbade her from joining the Labor party when she was young, idealistic and still under the age of eighteen. Lacey carried her enthusiasm for politics into university, studying Law and Arts with a major in political science. In the beginning, Lacey says she was not focused on academia. ‘I was always the quiet one who sat at the back, who never put my hand up in any lecture, not at that point anyway.’ It was not until she studied public law and criminal law in her third year at university, that Lacey discovered that she actually loved law, becoming ‘a bit of a nerdy student at the end.’
When he was born, she made him her focus and the flexible lifestyle of doing research and her PhD worked well with being a single parent. ‘I think as women there are some difficult choices to be made in your career’, she said. ‘But would I have made the decision not to have my son? No. Would I have made the decision to go into private practice when he was little? No.’ ‘I made choices along the way I would still make.’ Lacey has no regrets about the path she has taken and is now married with two stepchildren. ‘Knowing what you want is important and making decisions that you know are right for you, not necessarily right for your career or for your employer,’ she said.
‘As a young law student I was constantly writing letters to editors complaining about injustices and things like that,’ she said.
Lacey says students should try and slow down and enjoy the short span of time in life that is university.
Lacey’s son Sam was also a key person in her decision to pursue academics.
So, maybe we students should enjoy our journey a little more. Who knows, we might crash in the legs of our inspiration and really find out what makes us tick.
‘Before I had my son, I always thought I would be a barrister or I’d go and work for the UN or go into International Human Rights Law,’ she said.
‘You can’t get to know yourself if you’re going too fast.’
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An eye for an eye makes the whole world blind words Meredith Hennessy images Reprieve
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Daryl Holton killed his four children. He shot them at point black range in the back of the head. He intended to kill himself after the executions, but instead turned himself in at the local police station. At the time he committed the offence, the electric chair was the punishment for his crime. The way he saw it, this was the way he deserved to die. So after ten years on Death Row in Nashville, Tennessee, he volunteered to be executed. It’s an issue that we don’t often talk about in Australia. Despite the fact 58 countries maintain the death penalty in both law and practice, its abolishment in Australia in 1985 has written it off the national psyche. Almost. Reprieve is an international organisation with chapters in Britain, America, the Netherlands and Australia. The organisation was first founded in Britain in 1999, a year after the death penalty was officially abolished in the UK. Clive Stafford Smith, who was the human rights lawyer who initiated the abolition of the death penalty in the UK, is the current Legal Director of the British branch of Reprieve. Reprieve Australia was founded in 2001 in Melbourne, Victoria. The Patron of Reprieve Australia is none other then former Justice
of the High Court, Michael Kirby. Every year, Reprieve sends volunteers over to the United States to assist in the appeal process of inmates on death row. The organisation offers legal representation and humanitarian assistance to people sentenced to death overseas as well as raising awareness about the death penalty in Australia. I encountered Reprieve Australia after being invited to sit in on a lecture being given as part of the Law, Society and Justice Course offered by UniSA. I was introduced to Rachel Shaw of Isle Selley Lawyers, who had been invited to speak to the students about her work volunteering for Reprieve in the United Sates. Shaw explained the current process of lethal injection used to kill inmates, which unbelievably has been ruled as an inhumane way to put down animals in the US, is still the preferred form of execution. Often the very same people sentenced to Death Row had been assigned a lawyer who was either unable or unwilling to competently represent their client. As she described her work with inmates waiting on Death Row in Nashville, Tennessee, one of the inmates she helped stood out more than the others.
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His death was watched by journalists and lawyers. No family members were present.
Shaw was part of the legal team working to find a way to save Holton from his death at the hand of the state.
perverted in such a way affected me much more than I expected to over the course of a three hour talk.
The day before he was executed, Holton agreed to take part in legal proceedings to decide if he was mentally fit for execution. The court found that he was.
Reprieve offers a Volunteer program annually. The initial three month program is entirely self-funded. However, upon return, volunteers may apply for the Hamer Fellowship, for assistance in expenses if they choose to volunteer again with Reprieve.
On the 21st of September 2007 at 12:05am Holton was executed by 1750 jolts of electricity. His death was watched by journalists and lawyers. No family members were present. The lecture was harrowing yet it will probably be one of the most fascinating talks I ever attend. To be reminded that something I put so much of my faith in - a justice system based on the Rule of Law - is
Riverbend Maximum Security Institution in Nashville, where Richard Holton was executed.
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To help the fight to abolish the death penalty world wide or perhaps have a hand in saving the life of an inmate sentenced to death, visit www.reprieve.org.au to donate or volunteer.
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One Lucky Intern
words and images Isobel Bailey
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his time last year, I was in San Francisco cursing the fact our hotel was at the top of the hill, and the bottle shop at the bottom, whilst my friends and I lugged another case of beer up the city’s longest and steepest hill. Mind you, it was a 5 star hotel and I wasn’t paying for it, so there was very little for me to complain about. In fact, because we were all too poor to afford the cable cars ($5USD one way…precious Gin & Tonic money) we each became ridiculously fit and were charging up those hills like locals. I was in San Francisco as part of a 6 week scholarship that allowed me to do ANYTHING I wanted in the San Francisco Bay Area. I could have worked at Google, Facebook, Bank of America or Lonely Planet but I chose to go to the University of California Berkeley Death Penalty Clinic. The clinic represents men and women in capital cases at trial, on direct appeal, and post-conviction. Occasionally, the clinic also works on other matters relating to the death penalty and criminal law proceedings throughout California, North Carolina, Alabama, Texas and Virginia. As an intern, I reviewed trial records, examined evidence, worked with experts, and helped prepare habeas corpus petitions, motions and briefs. It was an incredible experience. However, an internship at the DPC is what you make it. I could have just as easily been stuck proof reading submissions for 6 weeks instead of conducting investigations, meeting incredible attorneys, attempting to hug Associate Justice Sonia Sotomayor (we spotted her after a very long lunch at the student bar), sifting through expert
evidence and experiencing all the charms of San Quentin State Prison in a behind the scenes tour. Much of this was due to the truly amazing and dedicated staff and fellow interns at the DPC. They value their interns and will assign meaningful tasks provided you are prepared to work. Admittedly, as interns we were all assigned menial tasks at one point or another. For example, a fellow intern who was working at a media law firm had to watch hardcore porn at his desk for an entire week. Priceless. This internship, whatever you choose to do, is great for the CV. My time at UC Berkeley is the first thing any HR representative wants to talk about. Even if you’re not interested in law, this scholarship is one that I would encourage you to consider. For example, my roommate interned for a small community gallery in the Mission District and is now working full time at the Guggenheim in New York City. Similarly, another friend worked at the Fairmont Hotel in San Francisco and is now employed as a HR Director with Fairmont Lake Louise in Banff, Canada. Aside from the resume gold, it is also an opportunity to meet some truly wonderful people. My fellow interns and I are now scattered across the globe but we always make the effort to stay in touch and catch up every few months in one country or another. I now have a couch to crash on in several amazing cities – thanks guys! The Scholarship is through EUSA and is advertised each year through the UniSA Student Exchange Office every October.
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Has the politics surrounding the plight of
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bigger words Royce Kurmelovs images courtesy of the UniSA Hawke Centre & Ahmad Dostizada
Ahmad Dostizada is a 21 year old Afghan national, ethnic Hazara, former refugee and third year Law and International Studies student at UniSA. When he was five, Ahmad’s family fled Afghanistan to the border-region of Quetta in Pakistan to escape persecution by the Taliban. Ahmad was not old enough to remember Afghanistan and was only five when his father left for Australia in the middle of the night. His father would make the last leg of the journey from Indonesia in a small fishing boat, narrowly avoiding a storm that, for a moment, had him thinking it was all over. Seven months later Ahmad’s father called from Woomera Detention Centre to let them know he was safe. It would be eight years before their family would be reunited; only after Ahmad’s father had been granted full refugee status in 2004 which allowed him to sponsor their travel to Australia. A month earlier in November, Julian Burnside QC had spoke before a packed auditorium for Amnesty International’s 50th Birthday organised jointly by Amnesty International and the Hawke Centre. For 45 minutes everyone in the room listened intently as Burnside shred every stereotype about refugees, asylum seekers and people smugglers. One of Burnside’s many stories concerned the murder of a young Hazara man who had been forcibly deported from Nauru in 2002 by the Howard government. “At the time, it was considered safe to return Hazaras to Afghanistan because the Taliban had been defeated,” Burnside said. “Instead of escaping across the border into Pakistan, he went back to his village.
Ahmad Dostizada
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“There the Taliban hunted him out and they dragged him out of his house in front of the rest of the villagers, threw him down a well and dropped a hand grenade after him. “These are things that cause Hazaras to have a fear of persecution.”
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refugees caused some to lose sight of the picture? A passing bus interrupts Ahmad as he summarises the almost 120 years of persecution faced by the Hazara people. “Have you heard of Hazara people? They are basically an extremely persecuted minority,” he says. “If they’re in the government or politics, they will be targeted and it will be justified by saying they are outsiders, even infidels. “I’m not sure if you have heard about this, but during the early periods of persecution, I think, 60-65 per cent of the Hazaras were killed, it was during the late 1890’s and early 1900’s. That was the first phase of persecution and marginalisation of the Hazara people.” Almost a century later, Hazaras would again be actively targeted by the mostly ethnic Pashtun Taliban in their rise to power. “Thousands of people were killed in the Northern Areas and the Central Parts where the Hazaras live, because they resisted, because they didn’t want to come under the rule of the Taliban,” Ahmad says. “Those who resisted were killed or arrested.” The experience of constant fear and systematic violence is entirely unfamiliar to those who have grown up in Australia, but is the reality for those people who have fled their homes. “They live day by day in fear. They do not know whether they are going to be left alive or shot dead,” Ahmad says. “That’s why they come over. Why would they risk their life? The whole process is very dangerous. There’s a 50 per cent chance you will be the food of a whale or a shark.” It is easy to forget that those who become refugees and asylum seekers are human. Too much detail has been lost from a conversation that has become heavily politicised in recent years Remembering the reasons why 47.5 million people worldwide have fled their homes is the first and most important step in trying to make sense of the discussion. After all, those with the loudest voices tend to forget that many of those whose lives and futures they are discussing are already members of our community.
Julian Burnside QC
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an introduction to some of the best coffee places around the city
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words and images Matthew Doran
ver the years, we have all learnt about the five food groups – fruits & vegetables, meat & protein, breads & pastas, dairy, and fats & oils.
liquid that is coffee the morning after a big night on the town or an all-nighter to get that essay finished (both equally fun ways to spend an evening).
It isn’t until you start life as a law student that you realise that there are two more important food groups that you were never told about in school. Caffeine and alcohol.
Here at the Obiter, we have taken it upon ourselves to introduce you to some of the city’s most interesting coffee spots - some you may have stumbled across and some may be new to you.
Caffeine, more specifically coffee, is a staple in any law students’ diet. How else would one get through that 9am tutorial? Let’s not even consider how difficult our lives would be if we didn’t have the glorious brown
Each have their own unique atmosphere and ethos about what it is to be a café, luring a swarm of dedicated customers through their doors to get their daily fix.
Down the cobblestoned stretch of road that runs between Hindley and Currie Streets lies a long, narrow shop where bicycles adorn the walls and the smell of a fresh grind lingers in the air. Coffee Branch feels like somewhere you would find down one of Melbourne’s famed laneways, but luckily for the Radelaidean coffee connoisseurs, it calls the charming Leigh Street home. Owner and Barista Josh says that the aim was to create the atmosphere of a bar, but without the booze. “I don’t like franchises, and Adelaide is full of them,” Josh says. “The aim was to create something different – something that would appeal to the suits and to the students, the hipsters and the families.” “Everyone is welcome here. Coffee Branch is inclusive” Even though there is a strong focus on good espresso coffee, Coffee Branch also offers a limited menu – limited in range, but not in quality. Coffee Branch 32 Leigh Street, City
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And while sipping your latte, take the time to enjoy the bikes that take pride of place along the walls, adding to the cosy and eclectic feel of this hidden treasure. “I’ve always liked fixies and riding bikes, and to me cycling and coffee go hand in hand,” says Josh.
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extra Tucked away behind trendy Rundle Street is another of Adelaide’s hidden gems. Situated just across from the Belgian Beer Cafe, Nano Ready 2 Go provides a great alternative to the popular and more expensive eateries that line Rundle Street. The warehouse feel, with polished cement floors and exposed ducting, is complimented by a huge menu which includes breakfast options that are available until mid afternoon. With some of the most affordable coffee in the city (always a consideration for the struggling student), Nano’s emphasis on ‘fast and fresh’ attracts city workers, ladies who lunch and the odd student in a relaxed setting. Situated on its own secluded square, one can’t resist daydreaming of sitting in a little cafe on an Italian piazza – the relaxed, casual vibe of Nano just sends you there.
Nano Ready 2 Go 23 Ebenezer Place, City If you’re doing a quick bit of shopping in the vintage and designer shops in the East End and are in dire need of a coffee before even considering that three hour lecture you’re about to head to, Nano is the place to forget your troubles – even if it is only for five minutes.
A place well known by students and staff at UniSA City West, Phat is located just across the road from the Worldsend Hotel and the City West campus, easily making it one of the most popular coffee and food destinations in the West End. The light and airy feel of the establishment is reflected in its offerings, with coffee not the only star attraction. Vying for top billing are the wide range of fresh rolls, wraps and salads that are tasty and healthy options, without trying to be too upmarket and pretentious. However, in an article selling the virtues of Adelaide coffee hotspots, one would be remiss in not mentioning the liquid gold that entices many through the door. Phat are known for not skimping on their coffee sizings and making sure that your hot cup of joe is just that – hot.
Phat Coffee 207 Hindley Street, City
Barista Josh says that what brings the people through the door is the fact that they try to keep things fresh and simple. “It’s all about having fun and making sure that our customers are having fun when they are here,” says Josh.
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The Revolving Door
words Abeir Zaid
fter four years as founding Dean of Law, the University of South Australia Law School bid Professor Paul Fairall an ‘onwards and upwards’ farewell. On Monday 5 December 2011, students, academics, professional staff and members of the South Australian legal community all gathered to farewell Professor Fairall in the Bradley Forum.
members of the Law School who have left the University of South Australia over the summer. Finn announced that he would be moving to Curtin University in Western Australia, whilst LaForgia has journeyed down North Terrace to take up a position at the University of Adelaide.
Present in the crowd were both the Chief and Deputy Chief Magistrates, three Supreme Court Judges and the Chief Judge of the District Court Terry Worthington alongside staff and students from all three law schools in South Australia.
Finn regularly taught Administrative Law and Legal Institutions and Methods, while Rebecca LaForgia taught Jurisprudence: Theories of Law and Public International Law.
Professor Paul Fairall, after emigrating from South Africa in 1970, graduated from the University of Canterbury and further completed a thesis on criminal responsibility at the Australian National University.
Professors Paul Fairall, Christopher Finn and Rebecca LaForgia have all been assets to our Law School at the University of South Australia and we wish them the best for their future endeavours.
After practising in Perth and Victoria, Fairall served as Dean of Law and Head of Department at James Cook University in Townsville for seven years until becoming Dean of Law at the University of Adelaide. In 2007, he joined the School of Law at the University of South Australia. Fairall spoke about his career and portrayed his enthusiasm about his future plans whilst presentations by Vice Chancellor Professor Peter Hoj, Dr Melissa Perry QC and the Honourable Michael Kirby were shared with the crowd.
Aside from the farewells, the School is happy to welcome a number of new staff. Dr Michelle Fernando has joined the School from the University of Tasmania. A family law specialist, Fernando will be teaching Property Law: General in Trimester One and Family Law in Trimester Three. Also, Professor Roman Tomasic from the University of Durham will take up the position of Dean of Law from early March. Dr Clare Sullivan will also join the School in April from the University of Adelaide.
Senior Lecturers Rebecca LaForgia and Christopher Finn are also amongst
the Obiter looks forward to sitting down with the new Dean of Law for the next edition.
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Trivial Pursuit
they are your teachers and the people who work behind the scenes... but what don’t you know about some of the law school’s most interesting characters? words the Obiter images courtesy of the UniSA School of Law Professor Charles Rickett Professor of Law
Charles has an almost complete collection of postage stamps from Central Africa ranging from the late 19th Century to the end of the 20th Century, but his real pride and joy are his seven (soon to be eight) grandchildren
Kathleen Grosser Program & Research Administrator
Kathleen has a love of Guernsey Cows.
Professor Allan Beever Professor of Law
Allan is surely UniSA Law School’s only resident all grain home brewer. He is currently trying to convince his wife - and himself - that it is reasonable for him to have five fridges for this purpose: one to chill bottles, one to ferment ale, one to ferment lager, one to lager lager, and the last to store kegs. So far, he has managed to restrict himself to two fridges.
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Erin Bowler Administrations Officer
Erin moved to Melbourne for a year but then decided to live in London instead. While there, she got to travel across 18 different countries. Erin also hates tomatoes.
Associate Professor Peter MacFarlane Associate Professor of Law
Prior to joing the UniSA School of Law, Peter spent nine years at the University of the South Pacific in Vanuatu, of which he has many interesting anecdotes. He is also a keen golfer.
Carol Brewitt Program Administration Officer
Carol is quite the home handywoman, with skills in carpet laying, wallpapering and minor electrical maintenance. She is also able to change the oil and tyres of a car.
Jane Knowler Senior Lecturer
Jane’s desire is to one day own a Pug. She also looks forward to the day when she can volunteer for a year at the School of St Jude in Tanzania - a school providing education, boarding and employment for some of the poorest people in Tanzania.
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Dr Pierre-Jean Bordahandy Senior Lecturer
Everyone’s favourite Frenchman is an accomplished freediver, with his deepest dive being 30 metres (thanks Google).
Maggie Ball Resources & Project Officer
Maggie has a love for retired greyhounds and is the proud mother of two of them, Jack & Charlie.
Dr Michelle Fernando Lecturer
One of the newest additions to the UniSA School of Law community, Michelle loves Bollywood dancing.
Rachel Spencer Director of Professional Programs
Rachel taught English in France for a year which has led to her love of all things French.
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Traditions & History of the UniSA School of Law Most established Law Schools have traditions and stories which enrich the school and the student body. The UniSA School of Law have many, and we thought that we would share a few with you...some true, some not so much... words & images the obiter
The Mysterious Cupboard under the stairs Rumour has it that the directors of the popular Harry Potter series had planned on using the cupboard under the law school stairs as the setting for Harry’s bedroom in The Philosopher’s Stone. The decision was made not to use it due to the grand nature of this cupboard and surrounding wood panelling which was deemed inappropriate for a story of such oppression.
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The Boardroom and the Odd Smell Once upon a time, there was an old caretaker who used to look after the building when it was the headquarters of the South Australian Brewing Company. It is said that his ghost still resides within the hallowed halls of the grand building, which is why you can often detect a hint of tobacco in the air when walking into the boardroom…well at least that’s what we’re told is the reason behind the smell.
The Grand Hindley Street Entrance Whilst not used today due to security concerns, the large wooden doors of 228 Hindley Street tell a story in themselves. Handcrafted by small children (who have the small hands needed to make light work of the detail) from a rare wood found only in Sherwood Forest, the doors themselves used to adorn the infamous Star Chamber in the United Kingdom. After the demolition of the chamber in 1806, 165 years after its abolition, the doors made their way to New South Wales on a convict ship. How they ended up in Adelaide is unknown. Luckily the arbitrary power of the Star Chamber has not influenced the teaching style of the UniSA School of Law.
All locked up It is said that the old safe in the boardroom once housed all the secret recipes for the beer once produced by the South Australian Brewing Company. That’s right, a bit of the ‘Red Tin’ history right in our own building. Maybe Allan Beever can continue the beer tradition in the building.
Elevenses Every Wednesday in the boardroom, the staff partakes in the curious event of ‘Elevenses’. Following consultation with Wikipedia, “elevenses is a snack that is similar to afternoon tea, but eaten in the morning.” “It is generally less savoury than brunch, and might consist of some cake or biscuits with a cup of coffee or tea. The name refers to the time of day that it is taken: around 11 am.” Wikipedia goes further to state that “[i]n Australia and New Zealand, elevenses are called morning tea or smoko.” Please refer above to ‘The Boardroom and the Odd Smell.’
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The Doctrine of Hating Hollywood
words & images Russell Jones
ver my time as an avid television enthusiast, I have watched so many shows and movies that I sometimes get confused as to whether I am in fact a law student or the hero that Gotham City needs. The glorious medium of television and film have brought me hours upon hours of fantastic entertainment as well as an outlet to relax and enjoy myself after a hard day of running around town in a spandex suit chasing after various oddly clothed villains (I think?). Through their cunning plot twists, heart-warming soliloquies and use of Emma Stone in any role that makes her visible on screen, television and film have evoked emotions within myself that I wasn’t aware I even had and taught me things about myself I didn’t know (such as an incredible capacity to stalk a certain female actress). However, my favourite aspect of Hollywood productions would have to be their ability to bring the viewer into the profession of the characters and learn about the day to day
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lives of people who have chosen a different (and less awesome) career path. Shows like E.R and Scrubs have taught us about life in the medical profession, The Godfather movies taught us about “waste management” and Two and a Half Men brought an insight into the profession of bored, unfunny television writers. All have been informative in their own way, and all have provided a representation of how other professions work to the entire world. This of course leads to one small problem; The way in which the legal profession is represented. Most television shows and movies portray the American legal system, which of course differs from the Australian system in certain aspects. As such, said movies are not going to be a perfect representation of jurisdictions outside the United States. The problem is that in our society both the silver and small screen is jam packed with American media and thanks to people who
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jones j believe everything they see on television, they think the representation on the screen is how our system works…and also that you lose centimetres off your waistline just through watching television thanks to the new Ab King Pro! However, despite this both the American and Australian systems share certain similarities that have been misrepresented, as such I’ll stick to these examples for those of you reading this who only have two more payments left until your doorway is turned into a multipurpose gym. After absorbing a lot of the media out there regarding the law, there are a few things that seem to consistently keep coming up that paint a horribly inaccurate picture of legal procedure.
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The first of those, and the one that is most common out of all, is the whole notion that during a trial a lawyer will yell back at or
The reality is this kind of conduct will get you charged with contempt of court and can result in either a fine or jail. But hey, at least you’re an attractive badass. If the character manages to obey basic court etiquette, there are still certain aspects of legal practice that are portrayed to the public which appear to have created a nasty impression about the way things work. If there’s one thing Hollywood has taught us over the years, it’s that no matter how much evidence there is against a client, even if they’re 100% guilty, there is always a way to get them off completely scot free. Countless times a completely guilty party comes to a lawyer for help and the lawyer, through their own skill and knowledge, manages to convince a jury to let their client go. It sends the message that the outcome of a trial is solely based to the ability and creativity of the lawyer. While this is indeed a factor,
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The angle that Hollywood likes to focus on is the two advocates representing opposite sides, aggressively trying to beat each other no matter what.
interrupt the judge when they are quite clearly corrupt/clueless/ignorant/ugly (take your pick).
there are some cases where the best possible outcome is a reduction in penalty, regardless of the lawyer representing a client.
The main offender in this category appears to be Boston Legal, a show which I actually quite like (mainly for its representation of lawyers as attractive badasses that sit and swill scotch on a giant balcony overlooking the city they just dominated after a long day of being an attractive badass).
This misunderstanding is also transferred to the legal system itself, namely the principles of the adversarial system.
The premise is always the same, the judge is not looking favourably on their case or the opposing counsel have used some dirty tactic that the judge is letting slide, so the good guys start speaking over the top of the judge to hammer their point across that they’re calling junk out there. This seems to more often than not result in the judge being pissed off, but nothing eventuates from it other than the jury swooning over the swagger of James Spader in a suit.
As I’m sure you’re all aware the adversarial system involves two advocates that represent their parties’ positions to an impartial judge and jury, thus allowing for judicial independence (and an all-round kickass legal system).
The angle that Hollywood likes to focus on is the two advocates representing opposite sides, aggressively trying to beat each other no matter what. During a viewing of Law & Order with my father, the entire case of the main characters hinged on the testimony of a certain professional and things were looking up. However, after appearing in court, said
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jones j professional admitted to the solicitors that she had made a mistake in her analysis. The lawyers in question decided to keep this information from the court so that they had a chance of locking the ‘bastard’ up, and fair enough right? Oh Hollywood, you couldn’t be more wrong if you tried (which it seems like you have). Despite the adversarial nature of the trial, the main aim is for justice to be done, and while each advocate represents a different side of the conflict, they still work together in order to reach the right outcome. The advocates’ main duty is to the court and to provide a fair trial. In order to achieve that, disclosure of information is needed. As such, withholding information such as a false testimony (especially one on which the entire outcome of the case rests) is in breach of their duties. Despite all of this I would happily forgive Hollywood of its faults. I mean, they aren’t able to portray everything completely accurately in the law. We in the profession study for years to understand the content and work in the field for longer to get a complete grip on it. As such, it would be unfair to think a mere television writer could create a screenplay that is both interesting to the general public and accurate to the law. For example, I’m sure that for all the thought and research put into A Time To Kill, Matthew McConaughey would never pass as a genius lawyer. Ever.
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However, as I said I would happily forgive Hollywood of all its faults, but for one horrible stain on the sheet that is film and television representation of the legal profession (it was a stretch but I think I made the metaphor work). That stain is Double Jeopardy - the delightful thriller romp starring Tommy Lee Jones and Ashley Judd, written by David Weisberg and Douglas Cook (two men who clearly have the same grasp of the law as a ham sandwich has of nuclear physics). For those not familiar with this modern classic (and I use that term incredibly sarcastically), the film begins with Ashley Judd being framed for murdering her husband who faked his own death, she is sent to jail and after six years she is released from prison. Once out, she decides to track down and kill her husband, and thanks to the handy principle of double jeopardy she can totally murder him and it’s completely legal because she’s already done the time for murdering him! Such a misunderstanding would be the equivalent of creating a movie based on the premise that open heart surgery is easily performed with a tub of Vaseline, a spatula and a half eaten taco. Either way I guess it isn’t all bad, thankfully the writers of the movie got into the film industry as opposed to trying to take advantage of this legal loophole that no one else knew existed.
Congratulations to Russell for having his two previous articles republished by one of our favourite blogs, Survive Law
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a guide to the eternal quest for law school popularity
precedent
Cool CJ, Popular & Relevant JJ
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words Roscoe Whalan
etting into law school is easy. Becoming popular is hard.
They have read every chapter of the textbook and the footnotes.
Now you have to convince other generally intelligent people that you are ‘cool’ and ‘hip’.
Either they will be braced with fear after your generally nonchalance or they may find some solace in you – the unaware, careless and unprepared student , whom they at least believe they will perform better than.
If you’re first thoughts are, “It’s too late, I’m a second year – I could never become cool so late in the game!” then stop it. Just stop. You may have been ancillary to the social stardom of last year’s calendar, but now it’s your chance. For those first years just starting out– school may have been tough – but no one here knows that. There are numerous opportunities to climb the social ladder at law school but no greater chance then when you’re taking the test. A combination of carelessness, arrogance and perceived dominance in this domain will see you separate yourself from everybody else. Arrive five minutes before your test starts and ask ‘is that test today?’ Wait for the collective reply. Now ask; ‘what’s it on?’ Wait again (there may be some bickering about the actual contents of the test now). Now say; ‘oh, that’s easy’. Note your cockiness crush the hopes of scores of eager students. Kids have been slaving until four in the morning because some dicta in some case was unclear and some recent case said otherwise.
To do so, always make sure you make it clear that you have ‘annihilated’ the test both physically and verbally. Ideally mid-test, throw your pen down and wave your hands in the air before crossing them over your head. If people don’t notice, cough, and if that still doesn’t work then start performing improvised drum solos on your table with stationery. If you are legitimately struggling in the test, don’t worry. If you finish the test early don’t leave. The key part comes after the test. As you leave class and people nervously ask how you think you went always respond with ‘awesome’ and then add ‘that was the easiest test ever’ (my emphasis). At this stage they will start to worry, don’t worry if you have potentially failed the test this is all about show. Finish this conversation with a cool statement like, ‘let’s go get drunk’ to reinforce the point that you do no study. Now you’re on your way to becoming Chief Justice Cool of the Law School – just don’t call yourself that. Ever.
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identityparade < OMG, itâ&#x20AC;&#x2122;s PLE! L-R Alanna Wilson, Lauren Eacott, Angela Dimopolous, Patrick Leader-Elliot & Stephanie Hastie
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Girish Rao, Laura Stark & Stephanie Muecke
General Quiz Night Shenanigans
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Isobel Bailey & Victoria Moffat
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Dani Macolino & Katherine Vaselli
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Maggie Ball, < Fiona Smith & Lew Wood
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Dr David Plater & Jason Leonardis
Nicholas Cutts & Matthew Christey <
Lianna Brown & Stacey Hampton
Kahlia & Charmaine
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