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Adelaide Law School

Annual Learning and Teaching Report 2013 Adelaide Law School Annual Learning and Teaching Report 2013


Contents Welcome from the Dean Introduction to 2013 Annual Learning and Teaching Report

04 05

TEACHER DEVELOPMENT AT ADELAIDE LAW SCHOOL Academic Staff and Sessional Teachers 2013 Associate Teacher Programme Innovation in Student Engagement Teaching Grants Wellness Forum ‘Teaching the Law’ Seminar series Teaching Fellowships

06 07 08 10 11 13 14 16

TEACHING AND LEARNING RESEARCH Critical Legal Thinking Flipping the Law Conference Presentations Teaching Publications

18 19 20 21 24

STUDENT SUPPORT Lex Salus Transition to Law School Next Steps seminar series Induction Day International Students Indigenous Law Students Mentoring Program

26 27 28 29 30 31 33

UNDERGRADUATE TEACHING International Law International Law Study Tour Clinical Legal Education Adelaide Law School Internships Programmes Public Law International and Human Rights Native Title Mooting at Adelaide Law School

34 35 36 38

Adelaide Law School Annual Learning and Teaching Report 2013

42 44 46 51



Contents STUDENT ACHIEVEMENTS Essay Competition Scholarships Annual Prize Ceremony 2013 Academic Prizes 2013 Law Student Society Competition Prizes

55 56 57 61 62 70



POST GRADUATE TEACHING Post Graduate Teaching Introduction Mining and Energy Law Comparative Law Postgraduate Research Degrees Adelaide Law School PhD Scholars 2013 PhD completions in 2013 2013 Post Graduate Courses Graduate Diploma in Legal Practice (GDLP)

73 74 75 76 78 79 89 90 91


93 97 98

Adelaide Law School Annual Learning and Teaching Report 2013



Welcome from the Acting Dean Welcome to the 2013 Annual Learning and Teaching report for Adelaide Law School. This report highlights the broad range of learning and teaching activities in which staff and students have been engaged in the Law School and focuses upon a number of key projects and achievements. 2013 was an exciting and challenging year for the Law School with a range of new initiatives and projects being developed and trialled in the Law School as part of the implementation of the University’s Beacon of Enlightenment. The Beacon provides a renewed focus on the discovery of learning and has presented an Associate Professor Melissa de Zwart opportunity for us to consider how and why we undertake certain methods of teaching in Law School. A number of staff have been involved at various levels of the University in laying the foundations for Beacon initiatives, considering matters such as Small Group Discovery Experience, the revised academic year, effective use of learning spaces, renewal of MyUni, indigenous majors and host schemes. In particular, I would like to thank Dr Matthew Stubbs for his work in developing Small Group Discovery Learning for implementation in 2014. Congratulations to Dr Matthew Stubbs also for the OLT award recognising his contribution to the pastoral care and academic support of our indigenous students. A number of staff have been very active in securing a range of grants for innovative teaching relating activities, including Anne Hewitt, Dr Matthew Stubbs, and Dr Gabrielle Appleby. I would particularly like to mention the Lex Salus project which has brought a new atmosphere to the Law School and thank all of the staff and students who volunteered their time and energy to the range of activities and events designed to promote student wellbeing, particularly Corinne Walding, Mark Giancasparo and Kellie Toole. I hope you enjoy reading about the diverse activities and achievements of our staff and students and would like to take this opportunity to thank all of the staff of the Law School for their commitment to enriching and engaging with our students and the broader community.

Associate Professor Melissa de Zwart Acting Dean 2014

Adelaide Law School Annual Learning and Teaching Report 2013



Introduction to 2013 Annual Learning and Teaching Report It is my great pleasure to introduce the 2013 Learning and Teaching Report for the Adelaide Law School. The length of this document is amply justified by the breadth and number of ways, by which the Law School facilitates learning for all our students, enhancing their wider law school experience and at the same time, contributing to our own professional development and that of our sessional staff, in the quest to maintain excellence and be at the cutting edge of best practice. If the document gives you the impression that Adelaide Law School is a busy place (even leaving aside research and other aspects of School activities not within the scope of this Report), then that is because it is! It is noteworthy that 2013 brought with it two new areas of activity. First, we welcomed into our fold staff from the Business Law section of the School of Commerce, and with it came their courses and students at both undergraduate and postgraduate level, which are delivered across a range of programmes in the University. Secondly, we implemented a venture with the Law Society of South Australia to offer the Graduate Diploma of Legal Practice, and 2013 saw the first of our graduates with both the LLB and GDLP on their transcript. Neither have we been content to terminate our learning involvement once students graduate. Our Continuing Professional Development programme also took off, with a series of popular breakfast seminars for lawyers and other professionals engaged with the law. Our students can engage via the range of domestic and international activities, beyond the traditional classroom, within our programmes. The opportunities for involvement in law reform, review editing, clinical legal programme, mooting, internships which take students into the community and into organisations either locally, interstate or overseas, as well as the first, in 2013, of what we hope will be many international study tours, all took place within our undergraduate programme. In addition, the Lex Salus and Next Steps initiatives as well as online professional practice materials are just some of the ways we have gone beyond the curriculum in catering holistically for our students’ learning and their career readiness. In addition to a special mention Professor de Zwart, I would like Officer; Leah Blyth, the School predecessor as Associate Dean Dean’s Executive Assistant), and wrote material for this Report.

for the academic staff mentioned by Associate to thank Kerrin Maratos, the Academic Support Manager, Associate Professor de Zwart (my (Learning and Teaching), Sheena Beaven (the all the other staff and students who provided or

Adelaide Law School Annual Learning and Teaching Report 2013



Teacher Development at Adelaide Law School

Adelaide Law School Annual Learning and Teaching Report 2013



Adelaide Law School Teaching Staff 2013 DEAN / HEAD OF SCHOOL

Paul Leadbeter

Professor John Williams

Dr Suzanne Le Mire Kathleen McEvoy


Dr Bernadette Richards

Professor Ngaire Naffine

Dr Matthew Stubbs

Professor Andrew Stewart

Dr Alex Wawryk

Professor Rosemary Owens

Helen Wighton Nigel Wilson


David Wright

Associate Professor David Brown Associate Professor Melissa de Zwart


Associate Professor John Gava

Pasqualina Callea (Associate)

Associate Professor Jim Hambrook

Domenic Carbone

Associate Professor Alex Reilly

David Caruso

Associate Professor Dale Stephens

Franc de Zwart

Associate Professor Christopher Symes

Dr Joanna Howe Tiziana Margaritis (Associate) Jane Moularadellis

EMERITUS FELLOW Emeritus Fellow Ian Leader-Elliott

Dr Beth Nosworthy Allan Perry *Letizia Raschella-Sergi

SENIOR LECTURERS Dr Gabrielle Appleby Dr Peter Burdon Dr Paul Babie

John Tretola Kellie Toole Sylvia Villios *Keith Wilson

Dr Judith Bannister Margaret Castles Dr Laura Grenfell

*Indicates visiting academics or lecturers from the Legal Profession.

Anne Hewitt Cornelia Koch Robert Langton

Adelaide Law School Annual Learning and Teaching Report 2013



Other Teaching Staff

In addition to our full and part-time academic staff a number of sessional teachers taught within the Adelaide Law School in 2013 many of whom are post graduate students or members of the legal profession in Adelaide or elsewhere. The Adelaide Law School is grateful for their continuing contribution to our teaching program. A list of our sessional teachers in 2013 appears opposite. We are enormously proud that so many of our sessional teachers have successfully completed a course on teaching in higher education offered by Adelaide Law School, and qualified for the title of ‘Associate Teacher, Adelaide Law School’. That programme is part of our continued commitment to ensure excellence in teaching within our school. Those teachers who have completed that programme are marked with an asterix.

2013 Sessional Teachers

*Kerry Antoniou

Philip Ritson

*Kate Borrett

*Brette Schumann

*Ross Boyd

Harley Schumann

Rosemary Calabrese *Skye Schunke Christian Cifuentes

Matt Simpson

Dan Cregan

Manuel Solis

Robert Crisci

Julie Van Der Veldt

Alison Doeke

Kate Watson

Craig Ellis

Vanessa White

*Heath Evans

Sami Wilson

David Gardner

Tanya Wundke

Lewis Gentry

*Paula Zito  

Todd Golding Karen Axford

Christian Haebich Robert Heaven Stacey Henderson Renae Leverenz Jemma Litster Peter McKenzie *Paula Meegan Kristie Molloy Jane Moularadellis *Benjamin Mylius Sean O'Flaherty Anna Olijnyk Martin Penhale Evan Richards *Michael Riches

Adelaide Law School Annual Learning and Teaching Report 2013



Associate Teacher Programme Since 2010 an “Associate Teacher” programme has been offered by the Law School as a means of providing teacher training and support to our sessional teachers. The Associate Teacher Programme involves completing the following components: 

Attendance at an introductory teaching workshop in the Law School;


Meetings with an academic mentor to discuss teaching related issues;


A process of peer observation of teaching, in which the sessional teacher’s teaching is observed by their mentor and vice versa;


Maintaining a reflective journal about their teaching experiences across a semester; and


Completion of three self directed modules regarding teaching at university.

We are delighted to report that in 2013 four more sessional teachers qualified for the title ‘Associate Teacher, Adelaide Law School’. The Law School is delighted to congratulate them on successful completion of the Programme, and we hope they will continue to contribute to our teaching for many years to come. Our new 2013 Associate Teachers are: Michael Riches Skye Schunke Heath Evans Ben Mylius

Adelaide Law School Annual Learning and Teaching Report 2013



Innovation in Student Engagement

Dr Matthew Stubbs (far right, back row) is pictured with the other presenters at the ViceChancellor’s Learning and Teaching Showcase with Professor Denise Kirkpatrick, Pro Vice -Chancellor (Student Engagement) (far left, front row) and Professor Warren Bebbington, Vice-Chancellor and President (centre, front row).

Adelaide Law School’s Dr Matthew Stubbs has recently given two invited presentations within the University about an innovative teaching project in which he used small group discussions and voting to engage students in his lectures in Principles of Public Law. Dr Stubbs presented to an invited audience of senior academics at Learning@AdelaideMasterclass on 28 May, and to the wider University at the Vice Chancellor’s Learning and Teaching Showcase on 17 June (a video recording of the event is available online at: showcase.html). He has an article about this project forthcoming in the international education journal Research in Learning Technology Dr Stubbs is also the South Australian participant in a national project (lead institution the University of Sydney) recently awarded a Federal Office for Learning and Teaching grant valued at $220,000 which will develop a human rights and social justice simulation exercise for undergraduate students that will be introduced at Adelaide Law School in 2014. Dr Matthew Stubbs is also one of four University of Adelaide staff to receive a $10,000 award from the Office for Learning and Teaching (OLT) for outstanding contributions to student learning. Dr Stubbs was recognised for his proactive pastoral care and inclusive academic support of the University’s Indigenous law students.

Adelaide Law School Annual Learning and Teaching Report 2013



Teaching Grants for Adelaide Law School

National OLT funding awarded to support Adelaide’s ‘Smart Casual’ project On 7 June 2013 the Minister for Higher Education and Skills announced Office of Learning and Teaching (OLT) Grants for 38 research teams across Australia. One of the grant recipients of this highly competitive grant funding was Adelaide Law School academic Anne Hewitt, whose project ‘Smart casual: towards excellence in sessional teaching in Law’ received $49,000 funding. Anne and a team of academics from Flinders University and University of Western Australia will use the OLT grant funding to create resources to assist sessional law teachers develop the skills they require to become excellent teachers in our demanding and difficult discipline. For both teachers and law students, this project is a timely one. Half of all teaching in the Australian higher education is provided by sessional staff, rendering the quality of their teaching critical to student learning, retention and progress. However, national research suggests support and training for sessional teachers remains inadequate. In law, this problem is compounded by the need for staff to teach discipline-specific skills and content to students destined for a sociallybounded profession. Anne’s project began with an investigation regarding the scope of the problem. A survey of sessional law staff at Adelaide, Flinders and UWA was conducted regarding the development they need. The project team also interviewed Associate Deans (Learning and Teaching) from Australian Law Schools to determine what development opportunities are already available for sessional staff, and conducted an extensive review of national and international literature to learn lessons about what professional development requirements of sessional staff in law are, and the best ways of responding. Based on that information, the team has created three development modules, which were reviewed by an international expert panel in December 2013. Based on the expert’s feedback, the project team is now working refining those three professional development modules with a view to generating resources which can be of use to sessional teachers across the diversity of Australian law schools. In 2014 the modules will be trialled by sessional law teachers at Adelaide, Flinders and UWA, before they are distributed nationally to all Australian law schools. The feedback so far on the project has been enormously positive and the project team hope that the final resources will make a valuable contribution to the satisfaction of sessional staff and students’ learning experience around the country. Adelaide Law School Annual Learning and Teaching Report 2013



Teaching Grants for Adelaide Law School

National OLT funding awarded to support Kath McEvoy was a recipient of a grant of $215 000 from the Office of Learning and Teaching over 2011 - 2013 for a project Developing a culture of peer review of teaching through a distributive leadership approach. This project was undertaken with Dr Susan Shannon of the School of Architecture, and with other colleagues at QUT, Curtin University and UTS. The final report on the project was submitted to OLT on 13 August 2013, following a national symposium at QUT in July, conducted with a group of 60 invited participants, discussing the issues and outcomes of the project. The project led to a refereed article and a number of conference presentations in 2013:  LeaD-In: A cultural change model for peer review of teaching in higher education Barnard Alan, Nash Robyn, McEvoy Kathleen; Shannon Susan; Rochester Suzanne; Waters Cheryl, and Bolt Susan (2013). Article accepted for publication 15 August 2013 Higher Education Research & Development  ISSOTL (International Society for the Scholarship of Teaching and Learning), Critical Transitions in Teaching and Learning, Raleigh, North Carolina, United States October 2-5, 2013, Developing A Culture To Support Peer Review Of Teaching In Higher Education (with Alan Bernard and others) (refereed paper) HERDSA (Auckland July 2013) Building and sustaining a culture to support peer review of teaching (with Alan Barnard and others) The report is now available on the OLT website. One of the particular outcomes of the project was the development of web based tools for the support of peer review of teaching. These are publically available for anyone to use and can be accessed at In 2013 Kath continued as an assessor for the Office of Learning and Teaching for its Learning and Teaching Grants Programs, including the Innovation and Development Grants and Seed Projects, the 2013 Citation Awards for Outstanding Contributions to Student Learning, and the 2013 Awards for Programs that Enhance Learning and Awards for Teaching Excellence.

Adelaide Law School Annual Learning and Teaching Report 2013



Wellness Forum In February 2013 Dr Melissa De Zwart and Dr Bernadette Richards attended the National Wellness for Law Forum in Melbourne. This Forum was organised by the Wellness Network for Law which is a community of legal academics, law students and practitioners interested in fostering the mental and physical health of law students through a network of research and support. The paper presented by Dr De Zwart and Dr Richards was entitled ‘Wi-Fi in the Ivory Tower’ and presented the findings of a small study into the use of the internet amongst Ph.D students. The life of the legal research scholar is, potentially, an isolated one. This isolation can present a very real threat to personal health but the threat can be reduced through the establishment of a support network. The paper presented at the conference suggested that social media can add a new dimension to the Ph.D discourse and enable the student to become embedded in the language of their discipline and provide access to vital links with other research scholars. The paper stimulated some active discussion and the details of the research around the role of social media in the support of Ph.D student will be published in an upcoming article in the QUT Law Review.

Dr Melissa De Zwart and Dr Bernadette Richards

Adelaide Law School Annual Learning and Teaching Report 2013



‘Teaching the Law’ Seminar Series A challenge in supervision - assisting students develop a research question Many academic supervisors find guiding students in developing a project to be a fraught process. While providing students with a topic might be an efficient option, it will not facilitate them to develop into independent researchers. In this seminar Anne will discuss some of the literature regarding supervision which suggests how we approach the formulation of a research question is critical, and present a resource designed to assist with this aspect of supervision. Speaker: Anne Hewitt Date: February 2013

Developing a Teaching Portfolio A teaching portfolio is a document that records your teaching related achievements, whether in the classroom, in curriculum design, in developing innovative teaching tools, or in creating unique and effective assessments. It is an important document when applying for academic positions, and is also essential to support applications for tenure and promotion. In this seminar we will discuss how you can begin to gather the evidence to develop an impressive teaching portfolio, and will also consider some examples of teaching portfolios from legal academics. It will be useful for those contemplating an academic career, new academics preparing for a tenure application, or as a refresher if you are contemplating writing a promotion application in the future. Please join us for what will do doubt be an informative discussion. Speaker: John Willison, School of Education Date: April 2013

Adelaide Law School Annual Learning and Teaching Report 2013



‘Teaching the Law’ Seminar Series Peer Review of Teaching Developing the skills to be an effective tertiary educator can be difficult, and can often feel like a solitary endeavor. Peer review of teaching is one way to learn more about teaching skills and approaches, while also developing a teaching network and additional supports. Peer review is based on a simple principle - two teachers take the time to engage in reciprocal observation of each other's teaching, and their observations form the basis of a subsequent discussion. Through this process participants not only get useful feedback on their teaching style, it also allows them the opportunity to step into someone else’s classroom and observe another academic's approach. In addition, engaging in the process of reciprocal peer review can establish or solidify a collegiate connection regarding teaching processes and approaches, which can be useful long after the peer review is complete. This seminar will provide an opportunity to learn more about the peer review process, and assist those attending to engage in effective peer review. Speakers: Kath McEvoy, Adelaide Law School and Susan Shannon, School of Architecture. Date: August 2013 An addition to their expertise as teachers, both Kath McEvoy and Susan Shannon were involved in an Australian Learning and Teaching Council funded project to develop and implement a pilot program of Peer Review of Teaching at four Australian Universities.

Learning to use your voice effectively As legal academics our voice is arguably the most important teaching tool we possess. However, while we may have specialised knowledge of the law, very few if any of us have any formal voice training. And, as many of us have experienced, teaching for hours on end (especially in rooms with noisy air conditioners or traffic noise!) can cause pain, hoarseness, and even temporary muteness. In this two hour workshop we will learn techniques to control and project our voices, so as to protect this valuable teaching asset, for the benefit of our students as well as ourselves! Speaker: Louise Borgo, Speech and Drama Date: October 2013

Adelaide Law School Annual Learning and Teaching Report 2013



Teaching Fellowships in Law 2013 For many PhD students, the PhD is a pathway to begin an academic career. However, while completion of a PhD is an excellent training in research, it does not equip candidates for the other important aspect of academic work – teaching. Adelaide Law School introduced a PhD teaching Fellowship in 2013, which will provide PhD students with the opportunity to engage in a formal process of teacher development and training concurrent with their PhD studies. We hope this will also offer our PhD graduates a competitive advantage in their future academic careers. In addition, we expect that implementation of this programme will improve PhD outcomes, by assisting candidates to manage the stress associated with acquiring the skills required to be an effective teacher, and also improve the teaching and learning experience for the considerable number of our students who are regularly taught by PhD candidates. During 2013, six Teaching Fellows were appointed: Craig Ellis (2013-2015) Karen Axford (2013-2015) Stacey Henderson (2013-2015) Renae Leverenz (2013-2015) Anna Olijnyk (2013) Manuel Solis (2013-2014) Each PhD candidate/Teaching Fellow worked with a senior Law School academic who acted as their teaching mentor. Throughout the year each academic mentor met regularly with their Fellow to discuss teaching related issues, and also engaged in peer review of the Fellow’s teaching. In addition to the support offered by their mentor, each Teaching fellow participated in a range of in-house teacher training activities offered by the Law School. In 2013 those activities covered activities covered a diverse range of topics, including: 

on peer review of teaching,


developing teaching portfolios,


reflective practice in teaching, and


using your voice effectively.

The Law School also sponsored each fellow to complete the intensive ‘Teaching@University’ course offered by the University of Adelaide, with five Fellows completing that course in 2013, and supported the Fellows development as teachers by encouraging and supporting them to undertake a range of teaching activities within the school.

Adelaide Law School Annual Learning and Teaching Report 2013



Business Law and Tax academics join Adelaide Law School

Domenic Carbone, Sylvia Villios, Franc de Zwart and John Tretola. Dr Robert Langton not pictured (LSL)

Adelaide Law School warmly welcomed our new Business Law and Tax academics in 2013: Pasqualina Callea (Associate Lecturer), Domenic Carbone (Lecturer), Franc de Zwart (Lecturer), Dr Robert Langton (Senior Lecturer), Tiziana Margaritis (Associate Lecturer), John Tretola (Lecturer) and Sylvia Villios (Lecturer). The Business Law and Tax academics have relocated to the Adelaide Law School from the Business School to foster common research interests and to concentrate the teaching of Law at the University. Courses taught for the Business School include Commercial Law I and II, Legal Aspects of International Business III, Income Tax Law III, Business Tax and GST III, Corporate Law M, Income Taxation (M) and Business Tax and GST (M). With these courses being taught by the Adelaide Law School, the School is now one of two Go8 Universities that have had our Tax Law courses confirmed by the National Tax Practitioners Board as approved courses in Australian Taxation Law, and the only Go8 University that has had our three Commercial Law courses confirmed by that Board as approved courses in Commercial Law. Adelaide Law School Annual Learning and Teaching Report 2013



While everyone who teaches at Adelaide Law School is actively engaging with teaching and learning issues on a day to day basis, many of our staff also contribute to wider pedagogical conversations. In 2013 a number of staff presented at conferences on issues of legal education, or published scholarly articles and papers on teaching and learning. Brief summaries of this research in teaching and learning appear in the next section.

Teaching and Learning Research

Adelaide Law School Annual Learning and Teaching Report 2013



Critical Legal Thinking Critical thinking is the capacity to question assumptions within a discipline, to take accepted positions and question that acceptance. In legal education, critical thinking provides students with the capacity to question legal method and established legal principles, to think about consequences and alternative solutions. It also requires them to step outside the law and consider its nature, function and purpose from external perspectives. Teaching students to be critical legal graduates equips them to be engaged and active members of society. In 2012, we established a small group of interested and concerned academics to discuss how effectively critical thinking is taught at the Law School. Our formation was promoted by the neo-liberal critique of the modern law school by Professor Margaret Thornton in her 2012 book, Privatising the Public University: The Case of Law (Routledge). The group was formed around positive objectives, to examine Thornton's critique of the modern legal academic's working conditions and, to the extent we accepted them, to consider how we can transcend these to encourage our students to think and engage critically with the law. We moved from Thornton's critique to Stephen Brookfield's work on teaching critical thinking. We were supported by a small grant from the Faculty of Professions and we travelled to the Australian National University and the University of New South Wales to learn how they have incorporated critical thinking into their curricula. From this exploratory stage, the group moved to action. In 2013, we implemented a number of the techniques for encouraging critical thinking into our courses. More detail on our experiences in these can be found in our recently published article, Dr Gabrielle Appleby, Dr Peter Burdon and Associate Professor Alexander Reilly, 'Critical Thinking in Legal Education: Our Journey' (2013) 23 Legal Education Review 345.

Dr Gabrielle Appleby, Dr Peter Burdon and Associate Professor Alexander Reilly

Adelaide Law School Annual Learning and Teaching Report 2013



Flipping the Law Lecture Most students are now very familiar with the law lecture. It is used predominantly, although not exclusively, to transfer information to the student, to provide the student with guidance on the legal principles and cases so as to navigate more easily the dense readings. This is an important aspect of a law course, and students need the structure, framework and focus that the lecture provides. However, do we need to use the precious class time we have with the students in this transfer of knowledge, which is predominantly a passive experience for them? It is this question that the flipped classroom addresses. Classrooms are flipped in the sense that students access the knowledge (whether through readings or online content) before class and then class time is used in a more productive and interactive manner to draw out understanding and encourage greater engagement with the material. In 2013, Dr Gabrielle Appleby received a learning and teaching grant from the Faculty of Professions to help her flip the classroom of Australian Constitutional Law. Dr Matthew Stubbs received funding from the University's small group discovery project, the Faculty of Professions and the Law School to do the same in Principles of Public Law. Broadly speaking, the technique used in both courses is the same. Much of the 'lecture' that was previously delivered has been broken into short videos for the students to access online before the class. The class time that is freed up through this exercise is used in a more interactive fashion. For example, through small group attempts to answer questions and large group facilitated discussions. These activities supplement and prepare students for the more intimate discussions to occur in seminars/tutorials, as opposed to replacing them. In January 2014, Dr Appleby and Dr Stubbs, together with a number of their teaching colleagues, with the assistance of Sugar Smack productions, filmed their videos. The journey to a flipped classroom has begun.

Anna Olijnyk and Dr Matthew Stubbs filming with Sugar Smack Productions

Adelaide Law School Annual Learning and Teaching Report 2013



Conference presentations and publications Adelaide academics’ work on e-learning initiatives to enrich student learning In 2013 Dr Matthew Stubbs and Anne Hewitt secured a substantial University e-Learning grant to develop a series of interactive online modules which will be integrated in compulsory courses throughout the Adelaide LLB. Each of the modules will focus on developing students confidence in particular skill important to their legal studies and their future professional careers, including legal research, interpreting legislation, funding and using case law, legal ethics, and legal citation. It is hoped these modules will prove to be an interesting way to learn, and enrich students learning experience. They have also been designed to fill an important niche in the law degree. As a professional qualification, strict rules regulate the content of the law degree, and to be admitted into the profession law students must demonstrate their competence in a precisely articulated series of subjects. This has a tendency to prioritise the teaching of substantive legal material, often to the detriment of the development of fundamental professional skills. These modules are an opportunity to dedicate learning space to skills, and ensure every student has the opportunity and guidance needed to master them. The modules will be integrated into compulsory courses in 2014. However, Dr Matthew Stubbs and Anne Hewitt have already taken the opportunity to get some feedback on their project, aspects of which was presented at two conferences in 2013. The first presentation was at the Higher Education Research Group of Adelaide Conference From Bricks to Bytes? which was held at Adelaide from 25-27 September. The second presentation was at the Australasian Law Teachers Association Annual Conference Law Teachers as Gatekeepers, which was held from 29 September - 1 October 2013 in Canberra on the ANU campus. The feedback from the presentation was excellent, and will help inform the final modules. The presentation also provided a valuable opportunity to connect with others working in e-learning, and to showcase Adelaide’s initiatives in the area. Dr Matthew Stubbs and Anne Hewitt hope the 2014 curriculum will be enhanced by the new modules, and look forward to hearing from students and staff about how they are working, and how they could be further improved for subsequent years!

Adelaide Law School Annual Learning and Teaching Report 2013



Conference presentations and publications Corporate Law Teachers’ Association Conference In February three of our Corporate Law teachers; Associate Professor Christopher Symes, Dr Suzanne LeMire and Beth Nosworthy attended the annual Corporate Law Teachers’ Association conference hosted by the Centre for Commercial Law at ANU College of Law. The conference theme on Progressive Possibilities provided an opportunity for examining alternative visions for regulation that promote accountability, fairness and democracy. Dr LeMire presented her research in a paper “ASIC and the ‘Duty of Fairness’: A Regulatory Dilemma” and later all three Adelaide academics presented their joint research in a paper “Expertise is the new Game: Obligations on Corporate Managers in Solvent and Insolvent Companies.” This paper combined their varied interests of fiduciaries, governance, ‘gatekeepers’, directors and insolvency practitioners.

Photo: Associate Professor Chris Symes, Dr Suzanne LeMire and Dr Beth Nosworthy

The conference commenced with a Teaching Roundtable and Dr LeMire and Dr Nosworthy were two of the five ‘Contributors’ who led the discussion on their reflections on teaching Corporate Law. One highlight of the conference was the tribute to Emeritus Professor Harold Ford who passed away in 2012. Adelaide Law School has been selected to host this conference in 2014.

Adelaide Law School Annual Learning and Teaching Report 2013



Conference presentations and publications Thinking about the ‘broader contexts in which legal issues arise…’ In 2013 Adelaide academic Anne Hewitt was invited to join a prestigious group of legal scholars and educators speaking in a roundtable discussion at the Australasian Law Teachers Association Annual Conference Law Teachers as Gatekeepers, which was held from 29 September - 1 October 2013 in Canberra on the ANU campus. The roundtable was considering a potentially controversial aspect of Threshold Learning Outcome 1, which all Australian Law Schools must ensure their graduates possess. The Threshold Learning Outcomes (TLOs) for the Bachelor of Laws were developed in 2010 as part of the Learning and Teaching Academic Standards Project, led by Professors Sally Kift and Mark Israel. TLO 1 states: ‘Graduates of the Bachelor of Laws will demonstrate an understanding of a coherent body of knowledge that includes the broader contexts within which legal issues arise’. The other members of the roundtable were Alex Steel and Prue Vines, both Professors of Law at UNSW, Associate Professor Penny Carruthers from UWA and Professor Stephen Bottomley, Dean of Law at ANU. With participation from the audience, including renowned educator Professor Carrie Menkel-Meadow, the Roundtable discussed what this means and how broader contexts can be included in law curricula without being at the expense of other curricula requirements such as the “Priestley 11” Areas of Legal Knowledge. A range of teaching methodologies and strategies for integrating this aspect of TLO 1 into the curriculum were considered, and the discussion was engaging and inspiring for all involved. Current research During 2013 Kellie Toole and Anne Hewitt were delighted to finalise a significant teaching related research project which they have been working on for some time. Together Kellie and Anne have been considering the question of what practical knowledge should be included in a law school curriculum and how can it be taught? Their research considered a range of legal education scholarship, as well as a case study of an innovative skills teaching methodology employed at Adelaide Law School in the final year of the LLB curriculum. The final product of their research project was a substantial article, which has been accepted for publication in the A* ranked New Zealand Universities Law Review. The article is expected to be published in early 2014, and the authors hope it will make a useful contribution to the ongoing scholarly consideration of this important topic. Adelaide Law School Annual Learning and Teaching Report 2013



Teaching Publications Income Law Study Guide Dominic Carbone Published by CCH Australia Ltd. The Study Guide provides a summary and outline of topics and fundamental concepts that make up the Income Tax Law courses now taught in the Law School. It is also designed to accompany and link into the Master Tax Guide, CCH’s leading tax publication. As Income Tax Law is an area of the law that undergoes almost constant and continual change, the Study Guide is published annually and a new edition is expected each February

Stewart's Guide To Employment Law, 4th edition Professor Andrew Stewart Published by Federation Press This new edition includes extensive references to the outcomes of the 2012 Fair Work Act Review. It details changes already made by the Fair Work Amendment Act 2012 (including the renaming of Fair Work Australia as the Fair Work Commission) and explains further reforms proposed by the Review that may be introduced in 2013. It also deals with important developments such as the introduction of the model Work Health and Safety regime; legislative changes on employee entitlements, superannuation, parental leave pay and workplace gender equality; new forms of regulation for the building, road transport and clothing industries; and the proposal for a new federal Human Rights and AntiDiscrimination Act. Further information can be found at: https:// book.asp?isbn=9781862879119 Adelaide Law School Annual Learning and Teaching Report 2013



Promoting the Rule of Law in Post-Conflict States Dr Laura Grenfell Published by Cambridge University Press Adelaide Law School Senior Lecturer Dr Laura Grenfell has recently published a monograph which traces the international community's evolving understanding of the rule of law and explores the implications of strong legal pluralism for the rule-of-law enterprise. Using the comparative examples of two unique case studies, South Africa and Timor-Leste, ‘Promoting the Rule of Law’ provides insight into the relationship between the rule of law and legal pluralism. Alongside these studies, the monograph offers a comprehensive introduction to the conceptual framework of the rule of law in the context of approaches taken by the international community.

Book launch attended by State Premier: ‘State of South Australia - Turbulent Times’ State of South Australia - Turbulent Times John Spoehr Published by Wakefield Press The recently released book ‘State of South Australia - Turbulent Times’ brings together a group of respected academic researchers and commentators who analysed major social, economic, cultural and political trends and policy challenges facing South Australia. Three of our Adelaide Law School academics contributed to the book. Dr Gabrielle Appleby and Professor John Williams wrote on 'Law and Order', while Professor Andrew Stewart co -authored the chapter on 'Industrial Relations' with Elise Jenkin. The book was launched by the Hon. Jay Weatherill, Premier of South Australia and introduced by Professor Warren Bebbington, Vice-Chancellor

Adelaide Law School Annual Learning and Teaching Report 2013



The International Bridging program is run each semester for the arriving International students. It is held for both UG and PG Law students. The program assists international students to develop an understanding of the fundamentals of the Australian law system, and how civil and common law systems differ. There is also an important educational component, ad students learn about variations in cultural learning styles, expectations of study in Australia and about the different forms of teaching and assessment they can expect to encounter during their legal studies. The programme also incorporates a tour of the Law Library, and an opportunity to meet many of the Law School academic staff, especially those involved with the post graduate programme. However, the conclusion of the bridging programme is not the end of the support which the Law School offers to its international students. International students are encouraged to contact Pat Yong throughout the year if they encounter aby academic difficulties. Pat, who has been an international students herself, provides individual support to students. For example, pat assists many students with their written communication skills as assessments loom. The students are also able to attend the Law School Writing Centre. Pat also runs a workshop citation early in first semester to assist international students develop a good understanding of the Law School citation style before their first assignments are due.

Student Support Adelaide Law School Annual Learning and Teaching Report 2013



Lex Salus (law and wellbeing) at Adelaide Law School Law is a difficult profession and the stress starts in law school. The pressure to get good grades, clerkships, work experience, part-time work, and a job on graduation, can really build up stress. The Law School set out to encourage student well-being and formed a Health and Well-Being Committee of Corinne Walding, Mark Giancaspro and Kellie Toole. The Committee launched ‘Lex Salus’ (latin for law and well-being) in August 2013 to promote: Understanding of mental health issues and support services; 

Well-being through nutrition, yoga, meditation and free health checks;


De-stressing through activities including table tennis, knitting, comedy workshops, spin classes, and free lunches; and


Information about graduates jobs through talks from the Young Lawyers Committee.

The week was a great success with students saying they loved the buzz in the Law School, found staff more friendly and the vibe relaxed and welcoming, and found new opportunities to chat with other students. The success of the week was made possible through generous support from the University Counselling and Disability Support Service and Fitness Hub, The Ice Arena, Adelaide Produce Market, Beyondblue, Sallie Emmett, Boost Juice, On the Fly Improv Theatre, Events Cinema, the Young Lawyers Committee, and the School of Nursing. More information, photos and comments from students are available at https:// Check it out or ‘Friend us’ to keep up with what’s happening!

Lex Salus activities to help students relax included Table tennis, knitting and yoga.

Adelaide Law School Annual Learning and Teaching Report 2013



Facilitating successful transition to Adelaide Law School Legal academics work together to maximise student’s experience On 14 February academics from 15 The Workshop was held at The National Wine Centre. Photo courtesy National Wine Centre law schools around Australia gathered in Adelaide to attend a workshop on maximising students’ law school experience. The workshop was an important step in an ongoing project being conducted by a group of academics from Adelaide Law School. Anne Hewitt, a member of the project team, has explained the project’s purpose. “Rather than making assumptions about the student experience of learning law, we wanted to take the opportunity to engage with students, and to develop strategies based on their feedback to ensure that each law student finds their study as intellectually and personally rewarding as possible.” As part of the project all Adelaide law students were asked to complete a comprehensive survey about their experiences. In addition, a number of students participated in focus groups, in which they had the opportunity to offer even more insight into their experiences. Associate Dean Learning and Teaching, Dr Melissa de Zwart, who is a member of the team involved in the project, has explained the trajectory from here. “The survey data and the information provided in focus groups, along with the ideas and strategies discussed at the workshop, will be used to develop concrete strategies which we hope will optimise our students’ experience.” All students and staff in the Adelaide Law School will have an opportunity to be involved in further consultations arising from the project. The project has been supported by a Faculty of the Profession Learning Grant, and is one of a number of initiatives focusing on maintaining excellence in teaching and learning at Adelaide Law School.

Adelaide Law School Annual Learning and Teaching Report 2013



‘The Next Steps’ seminar series for our law students to start their career

In Second semester the Adelaide Law School launched ‘The Next Steps’ seminar series for second and third year law students. Initiated by Dr Joanna Howe, this is a new program aimed at preparing our students for embarking upon a legal career post Law School. Recognising that the jobs market is increasingly competitive, both in Adelaide and interstate, we have decided to run a series of workshops about the different types of careers a law degree can lead to, and also about how to improve interviewing, application and CV writing skills so that our graduates can stand out from the pack. Led by an organising team of Moira Groves, Anna Consentino, Corinne Walding and Dr Joanna Howe, three workshops have been held and we have had between 60 and 70 students attend each workshop. The first workshop was on the topic of securing clerkships and associateships. Ben Consentino spoke of his clerkship experiences interstate and emphasised the importance of using the cvmail application tool and of being prepared and confident in the networking events that tend to be a key part of the interstate recruitment process. Adam Webster and Rebecca McEwen discussed their experiences of applying for associateships and how this process tends to hinge more upon the interests of particular judges. The second workshop was on the topic of working for government and we were fortunate to have two external guests from the SA Attorney General’s department: Christine Groemer, Executive Director, People Strategy who addressed the practicalities of applying for public sector jobs and Kate Guy, a recent law graduate, who spoke about her experience going through the application process and working at the Crown. In particular, the students were inspired by Kate’s passion for her job, its variety and the way she has been given client work right from the beginning of her time at the Crown. The final workshop for the year was on the topic of preparing a curriculum vitae and honing interview skills. Our guest speakers were representatives from legal recruitment firms and the Law School's own Mr Paul Leadbeter who was a former partner of a leading Adelaide law firm. The panel provided students with insights into how to stand out from the crowd both in the application and interview stage of the job seeking process. Given the significant success of The Next Steps seminar series in 2013, we have decided to continue this program in 2014. Adelaide Law School Annual Learning and Teaching Report 2013



Induction day welcome for first year Law students On 1 March 2013 the Adelaide Law School Dr Suzanne Le Mire (First year co-ordinator), Members: Captain Dale Stephens; welcomed its new Law students with the First Panel Associate Professor Christopher Symes; Year Induction Day. The morning started with Belinda Randell a welcome by the Dean of Law, Professor John Williams, followed by their preliminary lecture in Foundations of Law. The next three lectures covered the practicalities of the Law School experience. The Student Advisor, Corinne Walding, discussed the ‘nuts and bolts’ of the law degree. Associate Professor Melissa De Zwart alerted students to the perils of social networking, and the serious issue of Academic Integrity was examined by Dr Matthew Stubbs. Students were then introduced to a panel of law graduates who discussed “Where could your law degree take you?” The panel openly and honestly discussed their career challenges and successes, and reflected fondly on their experiences at Law School. Their recommendations to students included getting involved in the life of the Law school by participating in mooting and social activities, whilst also being open to experiences such as clerking or associateships later in their degrees. The panel, ably chaired by Associate Professor Christopher Symes, consisted of Lewis Gentry from Finlaysons, Captain Dale Stephens, Royal Australian Navy and Adelaide Law School, Belinda Randell from Belinda Randell Lawyers and Karim Soetratma from the Crown Solicitor’s Office. The day was very well received with a very positive atmosphere and the enthusiasm of the new students was fantastic.

Adelaide Law School Annual Learning and Teaching Report 2013



Bridging the gap for our International Students Each semester the Law School offers an International Bridging program for international students arriving to begin their undergraduate or postgraduate law degrees. The program assists international students to develop an understanding of the fundamentals of the Australian law system and the key differences between civil and common law systems. Students also learn about variations in cultural learning styles, expectations of study in From left to right : Han Jiang (LLM student from China), Pat Australia and about the Yong and Kim-Ahn Dao (MBL student from Vietnam). different forms of teaching and assessment they can expect to encounter during their legal studies. The programme incorporates a tour of the Law Library, and an opportunity to meet many of the Law School academic staff, especially those involved with the post graduate programme. A number of the Law School academic staff have studied at foreign universities and hence they have some first-hand understanding of the challenges facing international students. The bridging programme is just the beginning of the support which the Law School offers to its international students. If international students encounter any academic difficulties, they are encouraged to contact either the Director of International students (Rebecca La Forgia in 2013) or Pat Yong, a law school consultant. For example, Pat assists many students on a one-to-one basis with their written communication skills as deadlines for assessments approach. Pat also runs a citation workshop early in each semester to assist international students to develop a good understanding of the Law School citation style before their first assignments are due. In addition, the Law School offers all first year international students a peer mentor as part of the Law School’s Legal Eagles Peer Mentoring Programme. Senior peer leaders share their experiences about adjusting to Law School in Adelaide and give tips on things like where to buy cheaper books, relevant services and entertainment and countless other things that aren’t necessarily written down. International first year students are automatically included in this programme unless they decide to opt out. Amongst the senior peer leaders are international students who understand well the challenges of adjusting to a new city, culture as well as a different learning approach. Anecdotally the Law School has received positive feedback on this programme.

Adelaide Law School Annual Learning and Teaching Report 2013



International Students’ Dinner 2013 The international student dinner held on 6 November was a great success. The dinner was hosted by the Dean of the Law School Professor John Williams. In 2013 there were 130 international students enrolled in Law Degrees. Students from a range of countries were able to attend the evening. The Honourable Catherine Branson QC, adjunct Professor at Adelaide Law School, warmly welcomed the students and spoke of the importance of international students to the Adelaide Law School. The evening ended with Professor John Williams thanking the students for being a part of Adelaide Law School and giving a special acknowledgment to the students at the dinner who would be graduating. Hueh Ching Lee and Captain Dale Stephens

Hueh Ching Lee, Yan Hao Ong and Associate Professor Christopher Symes

Lecturer Franc deZwart with some of our Adelaide Law School international students

Adelaide Law School Annual Learning and Teaching Report 2013



Indigenous Law Student Mentoring Program Giving Indigenous students the chance to shine Building numbers of Aboriginal and Torres Strait Islander law students and helping them succeed in their studies has won national recognition for a University of Adelaide academic. Adelaide Law School Senior Lecturer Dr Matthew Stubbs is one of four University of Adelaide staff to receive a $10,000 award from the Office for Learning and Teaching (OLT) for outstanding contributions to student learning. Dr Stubbs has been recognised for his proactive pastoral care and inclusive academic support of the University’s Indigenous law students. He has also developed new entry pathways into Law and raised awareness about legal study among Indigenous communities. “Legal education offers Indigenous students the opportunity to make a real difference in their communities,” says Dr Stubbs. “I feel really privileged to work with these fantastic students and help them develop the skills to become successful legal professionals and the next generation of Aboriginal leaders. “By their first day of University, I usually know all the new Aboriginal or Torres Strait Islander students and am ready to help them in any way I can throughout their University life. I want to make sure that each and every one of them has the opportunity to shine in the University of Adelaide’s Law School.” The OLT citations are awarded annually to individuals and teams who have made a significant contribution to the quality of student learning over a sustained period. “This national award reinforces the University of Adelaide’s commitment to Indigenous education and widening access,” says Dean of Law Professor John Williams. “Matthew’s dedication and personal effort have made a tremendous contribution to Indigenous education in the Law School and enhancing the achievement of our students.” Dr Matthew Stubbs receiving his Office for Learning and Teaching Citation for Outstanding Contributions to Student Learning

Adelaide Law School Annual Learning and Teaching Report 2013



Undergraduate Teaching Adelaide Law School Annual Learning and Teaching Report 2013



International Law Adelaide Law School holds first evening seminars for International law On 5 August, Dr Luis Eslava delivered the first International Law evening seminar. Dr Eslava, a visiting international scholar, described the widespread tendency to represent International Law in academic and popular accounts as a superior law that operates only in removed places and in extraordinary events. While acknowledging that these international sites and events remained important, Dr Eslava explored how international law also operates through national and local norms, through minute administrative practices, and in the ‘everyday’. The seminar was a wonderful display of Dr Eslava’s work. He used visual representations and also drew on and shared compelling narratives drawn from research projects in rapidly globalizing cities, such as Bogotá, Rio de Janeiro, and more recently in Istanbul. International law is a compulsory subject at Adelaide Law School and the evening seminar series complements the interest in international law, offering an opportunity to further explore the impacts and relevance of international norms and institutions.

Dr Luis Eslava

During Dr Eslava’s time at Adelaide Law School he also conducted a staff seminar where he discussed his research methods, which involve sustained jurisprudential and historical analyses combined with ethnographic fieldwork in community and institutional settings. Dr Eslava is currently a Senior Fellow at Melbourne Law School, Junior Faculty at Harvard Law School’s Institute for Global Law and Policy, and Guest Researcher at the Max Planck Institute for Comparative Public Law and International Law.


Adelaide Law School Annual Learning and Teaching Report 2013



International Law Study Tour 2013 In 2013, 27 law students, led by Adelaide Law School´s Cornelia Koch, Kellie Toole and Adam Webster left Adelaide for Germany and the Netherlands. The study tour was facilitated by the Law School, in close collaboration with the Faculty of the Professions. The 2013 study tour included teaching at our German partner institutions Mannheim University and EBS Law School and Utrecht University in The Netherlands. Particular highlights included visiting the German Constitutional Court, the International Court of Justice and the International Criminal Tribunal for the Former Yugoslavia – seeing an international trial in action was a truly eye-opening experience. The opportunity to have a discussion over afternoon tea with one of the world’s leading international lawyers (and Adelaide Law School alumni) Professor James Crawford AC SC was incredibly inspiring. Professor Crawford and his associate, provided sound advice for those beginning to think about not only a career in international law but a legal career in general – the only barriers are the ones you create for yourself. Do not close doors on any opportunity. Furthermore, gaining an insight into the German and Indonesian legal systems was similarly rewarding in that it allowed us to reflect upon our own legal system and the nature of justice more broadly. For those of us who had not travelled much before, the study tour was a great way to see some of Europe and experience overseas study without being away for a whole semester or year. Not only were the topics we studied extremely engaging, the time we had beyond the classroom – to explore the cities of Mannheim, The Hague and beyond, and to get to know other law students and staff – made the trip so much more than just a study tour, and a great way to finish the year. Each and every one of us cannot recommend the study tour enough for those considering it in the future. It is an amazing opportunity to meet a great group of people, broaden your world view and gain valuable insights into the international legal system. More than that though, the study tour has pushed us to try new things, challenged us with new ideas and made us more informed world citizens so that we are each better off than when we started. The 2013 International Study Tour has created memories that will last a lifetime and that will stay with us long after we have left Adelaide Law School. Judge Peter M Huber (centre) and Prof Dr Cremer (far right) with the students at the German Constitutional Court

Adelaide Law School Annual Learning and Teaching Report 2013



International Law Study Tour 2013

International Court of Justice

The Tour departs Adelaide Airport

The German Constitutional Court.

Heidelberg Christmas Markets

Adelaide Law School Annual Learning and Teaching Report 2013



Adelaide Law School leads the way in Clinical Legal Education 2013 was a year of consolidation for Adelaide law School’s Clinical Legal Education program. We now operate the Magistrates Court Legal Advice Service two days per week, with eight students working at the service on Wednesday and another 8 on Thursday. Following the increase in the jurisdiction of the Minor Civil Claims Court we experienced an increase client numbers, and in the complexity of cases. The Margaret Castles Adelaide Legal Outreach advice service, which is run at Westcare day center in the west of the city moved into brand new premises in Westcare’s new building. We have seen an increase in the complexity and range of cases seeking advice through ALOS as well, resulting in some very interesting and challenging cases for students. Sadly the Minor Criminal Advice Service that was implemented with great success in 2012 was closed down in June 2013 due to lack of funds. The success of the service indicated the need for such a service, and there was a great deal of student interest in work experience at a Criminal clinic. Hopefully in the future we will be able to explore this opportunity again. We continue to have students placed at the Young Workers Legal Service, the Legal Services Commission, Adelaide Central Legal Service, Welfare Rights Service. Significant highlights of the program for 2013 include:

The creation of a part time contract position for supervision of students at our two clinics. Solicitors Paula Meegan and Ross Savvas have accepted part time positions and will be commencing in 2014 at MCLAS and ALOS respectively. This is a welcome advance on the casual contract positions that we have traditionally relied upon for this important role, both for the continuity of the work at the Clinics, and the rights of the staff involved. 

Partnernship with Law Firm Lipman Karas – LK solicitors are attending the MCLAS once a month to assist with supervision, case management, and student learning. Margaret Castles and Paula Meegan are providing some CPD training to LK solicitors in areas of supervision and mentoring.


Recurring funds of $33 000 per annum for three years from the Law Foundation to support the clinical program. This will enable us to update our IT resources which are in desperate need of modernization.

Adelaide Law School Annual Learning and Teaching Report 2013



Clinical Legal Education 2013 Project work As part of their assessment, students work on a major project as part of their placement. The project must make a contribution to the community legal sector. Some of the notable projects in 2013 included: 

Law reform submissions


Access to FOI information from SAPOL for unrepresented litigants


Access to legal advice for unrepresented youth pleading guilty in criminal matters


Career Guides for law students


A Career at the Bar


Government and public sector


International and humanitarian


Collaboration with Magistrates Court of SA


Preparation of proposed brochures and other explanatory material for litigants on the Directions Hearing Process, Risks of Litigation, and ADR opportunities

Peter McKenzie

Kellie Toole


Referral Guide


A comprehensive and up to date referral guide to legal and other services within the community sector.

Jane Moularadellis

Conclusion It is disappointing that we could not maintain one of our services, but the consolidation that we have achieved in the others, by way of contract positions, partnerships with the profession, and working more closely with the Magistrates Court to address needs in that jurisdiction, greatly expands and enhances our program, and further embeds it as part of the legal community in SA. We are also able to provide a much richer and more expansive program for students now that resources are stable. Adelaide Law School Annual Learning and Teaching Report 2013

Paula Meegan

Anne Hewitt Page


Student legal service and specialist law firm The Magistrates Court Legal Advice Service (MCLAS) has formed a partnership with Lipman Karas to enhance the Service’s dedication to promoting justice access within South Australia. The MCLAS is located in the Adelaide Magistrates Court and is staffed by final year law students from the University of Adelaide. Under the supervision of legal practitioners, students provide free legal advice in regards to minor civil claims that do not exceed $12,000. Each year the MCLAS provides hundreds of hours of pro bono legal work to support those who would otherwise be unassisted. The University of Adelaide Law School established the MCLAS in recognition that accessible and community-driven legal services should remain a cornerstone of our society and that the Service provides an unrivalled educational experience for students.

Margaret Castes (Adelaide Law School), Matthew Simpson (Lipman Karas) and Paula Meegan (Adelaide Law School)

Practitioners from Lipman Karas, a specialist legal practice with an international client base, will attend the MCLAS each month to supervise students and assist with the resolution of clients’ disputes. Working with a student legal clinic will enhance Lipman Karas’ pro bono program while allowing those practitioners involved to help shape the next generation of South Australian lawyers. “We’re absolutely thrilled about our partnership with the MCLAS. It is an important initiative in the development of Lipman Karas’ pro bono program. It provides us with a terrific opportunity to make a hands-on contribution to legal education in South Australia as well as providing much needed assistance to the litigants who access the Service.” Matt Simpson, Lipman Karas By adopting a mentor role, Lipman Karas’ solicitors will support students by encouraging them to delve deeper into legal disputes and assist in producing timely outcomes for MCLAS clients. The opportunity to observe different approaches to legal practice will undeniably equip students on the brink of entering the profession with the skills necessary to succeed. Alessandro De Ieso has enjoyed working at the MCLAS for the past two months and believes the partnership will support his practical learning. “Lipman Karas’ support at the MCLAS will be fantastic. We will be able to work alongside practising solicitors who can help guide us towards developing the best outcomes for our clients. The benefits of this partnership are truly threefold.” Ultimately, the partnership will enable the MCLAS to continue to provide South Australians with inclusive legal services to support the notion of a ‘fair go’ for all. Lipman Karas’ involvement with the Service is representative of the emerging way in which leading firms can continue to support justice access within our community. Story by: Stephanie Ventrice and Sarah Keelan

Adelaide Law School Annual Learning and Teaching Report 2013



Adelaide Law School internship programmes Over the space of a decade the Law School has developed a suite of three elective courses which engage law students in work-integrated learning and supervised research through internship placements. These courses are the following: 1. The Human Rights Internship (est 2002) in which students complete a fulltime unpaid human rights internship anywhere in the world for a period of ten weeks. 2. The Native Title Internship (est 2008) in which students spend up to six weeks working full-time with a native title representative body or Indigenous Policy organisation in Australia. 3. The Public Law Internship (est 2009) in which students gain practical experience working part time over a semester or five weeks over summer with a public law institution at the state or national level. The courses are designed to work with the internship experience and allow students to complete research arising out of the internship to gain academic credit towards their law degree. It presents a unique opportunity for students to get hands-on legal experience and to hone their research skills under supervision. In 2013 two Human Rights Interns and two Native Title Interns were the beneficiaries of funding by the Law Foundation of South Australia. We thank the Law Foundation and the host offices for their generous support in 2013.

Public Law Internship In 2013 the following 14 students participated in the Public Law Internship program: Laura Butler - SA Crown Solicitor's Office Lauren Clark - SA Solicitor General's Office Tania Drewer - The Administrative Appeals Tribunal Matthew Harnett - SA Solicitor General's Office Janet Hill - The Attorney-General's Department Office for Legislation and Legal Policy Daniel McCabe - The Administrative Appeals Tribunal David Moon - The Attorney-General's Department Office for Legislation and Legal Policy Kevin Nguyen - The Office of the Australian Information Commissioner Ngoc Linh Pham - SA Solicitor General's Office Phoebe Richards - State Ombudsman's Office Louise Schulz - State Ombudsman's Office Alexandra Smith - The Office of the Australian Information Commissioner Jonathon Tsianikas - SA Solicitor General's Office Miriam Wishart - State Ombudsman's Office Adelaide Law School Annual Learning and Teaching Report 2013



Public Law Internship Public Law Internships enable students to build on their understanding of the theory of public law by gaining an appreciation of its practical operation. The course aims to give depth and context to students' existing knowledge of public law. Students are involved in day-to-day activities of their internship office and gain a broad understanding of how such public law offices operate and of the operation of public law generally.

Internship report - Louise Schulz One week after finishing my law degree, I began work as a Public Contact Officer at the Commonwealth Ombudsman. This opportunity was largely a result of the connections I made while doing my Public Law Internship at Ombudsman SA. My placement at the state Ombudsman was an excellent opportunity to get practical experience in government work and enhance my legal skills. Each day I found myself learning something different and being faced with fresh situations and scenarios when new complaints were received, which has prepared me well for my current role. Completing my internship has helped me feel much more equipped to complete my law degree and enter the workforce. A key part of my internship involved researching the impact of the new Independent Commissioner Against Corruption Act. This Act came into effect during my placement, which gave me the chance to observe the state Ombudsman’s office as they adapted to the legislative changes. When it came time to compile my research, I was able to ground my legal interpretation with the practical understanding I gained from assisting the staff in research and discussing developments within the office. The Public Law Internship afforded me the exciting opportunity to be one of the first to write on a new public office within our state.

Adelaide Law School Annual Learning and Teaching Report 2013



Public Law Internship Internship report— Laura Butler Throughout the first half of 2013 I interned in the Advising Section of the Crown Solicitor’s Office (CSO), under the supervision of Judy Hughes, the Assistant Crown Solicitor.

Laura Butler interned at the S.A Crown Solicitor’s Office

The matters worked on by solicitors in the Advising Section of CSO are predominantly administrative and constitutional law matters, but in themselves extremely diverse, for example ranging from freedom of information applications, first home owner grant objections, and judicial review of police actions to ensuring that the Government is conforming to the caretaker convention in the lead up to the State election in 2014. This meant that my placement exposed me to a wide range of areas of the law, allowing me to select a topic of particular interest to me to explore further in my research paper.

My internship at CSO introduced me to and enabled me to network with a number of senior practitioners, expert in their fields and I even met the Crown Solicitor. Working in such close proximity with other solicitors also enabled me to approach many different people for their opinions and advice on research memoranda and other tasks, as well as their general experience practicing in South Australia. I was also frequently approached by my supervisor to offer my opinion as to the important issues in a matter or even the viability of a matter proceeding successfully against the Crown. Being able to express my own legal opinion with useful immediate feedback at hand was a confidence-building and rewarding experience. The public law internship provides a fantastic opportunity for students to explore the practical application of alternative areas of law not available to them through traditional clerkship programmes in commercial law firms. Having undertaken 2 university internships in SA Government and 2 clerkships in private corporate law firms, I would highly recommend students looking for practical experience to apply for the law school’s internship programmes. In my experience, internships give you closer access to and influence on legal matters, provide you with more opportunities in which to observe senior practitioners at work, and enable supervisors to give you greater guidance than is possible in a busy, commercial firm. After graduation, Laura secured a position in the Department of Immigration and Border Protection's graduate programme.

Adelaide Law School Annual Learning and Teaching Report 2013



International and Human Rights Internship In 2013 six students undertook an internship as part of the Law School’s Human Rights Internship Programme: Victoria Gillis - 2 month internship with the Housing Rights Task Force, Phnom Pehn, Cambodia Joshua Nash - 2 month internship with the UN High Commissioner for Refugees, Pretoria, South Africa Esther Pearson - 6 month internship with the Extraordinary Chambers in the Courts of Cambodia, Phnom Pehn, Cambodia Ben Russell - 5 month internship with the International Criminal Tribunal for the Former Yugoslavia, The Hague Jennifer Sorby-Adams - 4 month internship with the International Criminal Tribunal and the Former Yugoslavia, The Hague Chloe Swinden – 6 month internship with the International Criminal Tribunal and the Former Yugoslavia, The Hague Esther Pearson, Jennifer Sorby-Adams and Chloe Swinden were recipients of the Law Foundation’s Human Rights Internship Scholarships and Esther and Jennifer were also shared recipients of the Dame Roma Mitchell Scholarship.

Internship Report - Jennifer Sorby-Adams During my four-month internship with the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague I became interested in the impact of obstructionist self-representation at the ICTY and the various models that have been proposed to reduce it. These include imposed defence counsel, standby counsel, and a modified form of amici curiae who may raise defence arguments in the interests of the accused and to assist the judges. With the ICTY soon to complete its mandate and the trial of the final self-represented accused (Radovan Karadzic) to be concluded in the coming years, the baton of self-representation passes into the hands of the International Criminal Court (ICC). I hope that the ICC can aptly mobilise these models so as to adopt an appropriate balance between the overarching right to a fair trial and the defendant’s right to self-representation, curtailing the latter where it unduly interferes with the former. As a final note, I would like to thank the Law Foundation of South Australia for assisting me in undertaking my internship through the Law Foundation Human Rights Scholarship.

Adelaide Law School Annual Learning and Teaching Report 2013



International and Human Rights Internship Internship Report - Esther Pearson During my internship (at the Esther Pearson (pictured right) in Cambodia Extraordinary Chambers in the Courts of Cambodia, Phnom Pehn, Cambodia (ECCC)), I was fortunate to work with many motivated and inspiring people, including Deputy CoProsecutor, and University of Adelaide graduate, William Smith. Under the supervision of the Co-Prosecutors, including Mr Smith, I performed many interesting and challenging tasks. Most notably, I was involved in the preparation for the testimony of expert witness, Philip Short, former BBC foreign correspondent and author of biography, ‘Pol Pot: The History of a Nightmare’. I also helped prepare for the testimony of former New York Times journalist, Sydney Schanberg, whose story of taking refuge in the French Embassy with Cambodian photojournalist, Dith Pran, following the 17th April evacuation, captivated audiences in the Academy Award winning film, ‘The Killing Fields’. In addition, I helped draft various motions, appeals and responses filed before the Trial Chamber, including a comprehensive response to objections made by the Defence teams to the Co-Prosecutors’ motion to admit written evidence in lieu of oral testimony. However, perhaps the most difficult and hard-hitting task was being involved with the preparation for the testimony of Civil Parties, and attending Court to document these testimonies. The ECCC is the first international criminal tribunal to allow anyone who can demonstrate that they have suffered physical, material or psychological injury as a direct consequence of one of the crimes prosecuted before the ECCC to participate in the trial as civil parties. They are entitled to seek collective and moral reparations, but not monetary compensation. However, it is clear that what drives many civil parties to testify is the opportunity to contribute to the search for the truth about what happened in Cambodia. With every story of execution, starvation, torture, or forced movement shared before the ECCC, the Tribunal is brought one step closer to finding the truth, so that Cambodia may move forward having rightfully closed the book on this dark chapter of Cambodia’s past. My internship at the ECCC was an unforgettable experience, and I would like to thank the Law Foundation sincerely for making this experience possible. Adelaide Law School Annual Learning and Teaching Report 2013



Native Title internship Adelaide law school students get hand on experience in Native Title law and indigenous policy In 2008 the University of Adelaide Law School introduced an elective course which can be taken by students who secure an internship with a Native Title Representative Body (NTRB) or a policy organisation working on Indigenous issues. In 2013 six Adelaide students secured internships and completed the elective. They interned at a range of organisations, in South Australia, WA, NSW and the ACT, and completed high quality research on a diverse range of topics. You can learn more about their experiences in the reports which follow. For more information, please nativetitleinternshipprogram



In 2013 the following students participated in the Law School’s Native Title Internship programme: Katherine Clayton completed her internship at Yamatji Marlpa Aboriginal Corporation in Port Hedland, Western Australia Oliver Greeves worked at the South Australian Native Title Service in South Australia Alexandra Smith was placed at the Aboriginal Justice Centre in Canberra Laura Tolson completed two internships in Sydney, one at the Native Title Service Provider of NSW and the ACT and another at the National Centre of Indigenous Excellence Melanie Johnson was placed at the Aboriginal Medical Services Alliance Northern Territory in Darwin Sarah Pringle worked with local Adelaide barrister Andrew Collett

Adelaide Law School Annual Learning and Teaching Report 2013



Native Title internship Laura Tolson completed internships at the Native Title Service Provider of NSW and the ACT and the National Centre of Indigenous Excellence in summer 2012/2013. She also completed supervised research as part of the native title internship elective. Her research paper was entitled: “Does current legislation and government policy in Australia allow Indigenous people the level of access to the economic befits associated with fresh water that provides for self-determination under international human rights standards”. “The lie was terra nullius — the convenient fiction that Australia had been a land of no one. The truth was native title.” Paul Keating, Prime Minister 1991 – 1996. The 10th December 2012 marked the 20th anniversary of Paul Keating’s ‘Redfern speech’ which is still considered one of the most important addresses in Australia’s history. In his landmark speech, Prime Minister Keating acknowledged the dispossession, discrimination and exclusion suffered by Indigenous Australians following European settlement. Then, on February 13 2008, Kevin Rudd stood before a packed Parliament with the nation watching to reflect and apologise for the pain, suffering and hurt of the stolen generations and the mistreatment of Indigenous Australians. And now, in 2013 we have seen the first steps towards Constitutional Recognition for our first PM Paul Keating, Redfern, 1992. Courtesy of SMH. peoples with the passing of the Aboriginal and Torres Strait Islander Peoples Recognition Bill 2013 (Cth), intended to give momentum to the campaign by inclusion of a sunset provision of two years. It really is a very exciting time to be involved in the Indigenous sector and to see firsthand the passion, dedication and commitment of so many people determined to improve the prospects of Indigenous Australians. Over the 2012/13 summer break I interned with two Indigenous organisations, facilitated through The Aurora Project which has been established to address the professional development needs of the Indigenous Sector throughout Australia. By facilitating the placement of interns in the areas of law, anthropology and social science, The Aurora Project matches capable students looking for experience, with organisations in need of assistance; a marriage of necessity, mutual benefit and a shared vision for Indigenous Australians. Almost immediately after my final Semester 2 exam I boarded a plane to Sydney to intern at NTSCORP, the Native Title Service Provider (NTSP) of NSW and the ACT. Continued next page

Adelaide Law School Annual Learning and Teaching Report 2013



Native Title internship: Laura Tolson continued

Photo courtesy: Wayne Quillian

NTSCORP is funded to carry out the functions of a Native Title Representative Body (NTRB) which includes providing assistance to Indigenous peoples who wish to exercise their rights under the Native Title Act 1993 (Cth). During this internship I conducted independent legal research, drafted legal documents such as affidavits and memorandum of understandings, and various other tasks around the office to assist with what was a very busy period. After five weeks at NTSCORP I enjoyed a three week break before commencing my second internship at the National Centre of Indigenous Excellence (NCIE), also in Sydney. The NCIE’s vision is to improve the well-being of young Aboriginal and Torres Strait Islander peoples while building a better nation for all Australians. The NCIE has become a hub of Indigenous programs which all encourage young people to be healthy, happy and achieve their goals. This was a particularly interesting period as many of the staff at NCIE travelled to Canberra for the introduction of the bill to recognise Indigenous Australians in the constitution and the CEO, Jason Glanville presented at the National Press Club on the same day. After 11 weeks of interning at Indigenous organisations, I have come away with a sense of encouragement and empowerment.

Adelaide Law School Annual Learning and Teaching Report 2013



Native Title internship: Alexandra Smith Photo courtesy DIBP

Alexandra Smith interned with the Aboriginal Justice Centre in Canberra, ACT. She also completed the native title elective, during which she completed a research paper entitled “The case for restorative justice: A possible solution to the overrepresentation of Indigenous people in South Australia’s criminal justice system�.

I undertook a five-week Aurora legal internship with the Aboriginal Justice Centre (AJC) in Canberra. The AJC provides a variety of services to the Indigenous community in the ACT, with the main focus of seeking solutions to address the over representation of Aboriginal and Torres Strait Islander people in the criminal justice system. The AJC also interacts frequently with ACT and Commonwealth government authorities, representing the views of the Aboriginal community and raising awareness, understanding and knowledge of entitlements and rights of Aboriginal peoples. Primarily, the AJC provides support to individuals in contact with the criminal justice system. Whilst the AJC cannot provide legal advice, it will provide case management to vulnerable persons who are or are at risk of becoming involved in the criminal justice system. My role within the AJC was to conduct research into the establishment of a community justice centre in Canberra. As part of my research, I was lucky enough to be flown to Melbourne to visit the NJC, to gain an insight into how a community justice centre operates in practice. I also attended the Galambany Circle Sentencing Court, a criminal sentencing process unique to the ACT that sees Aboriginal and Torres Strait Islander offenders come face to face with a Magistrate alongside respected members and elders from their communities. Over the course of the internship I gained a greater understanding of the involvement of Indigenous people in the justice system, and this highlighted to me the entrenched social challenges faced by the Indigenous population. More importantly, perhaps, my work with the AJC led me to consider innovative and creative ways to address these challenges. I felt very lucky to be involved in an organization that addressed an entrenched social problem in such a practical way, and felt privileged to be able to get to know a number of clients from the AJC. This experience allowed me to contextualize my theoretical study of Criminal Law at university, and forced me to question whether the law is operating effectively in the context of the Aboriginal and Torres Strait Islander communities. As I continue to study law, I hope that this experience will prompt me to question the practical consequences of legislation in society, rather than simply looking at the law from a purely theoretical perspective. Adelaide Law School Annual Learning and Teaching Report 2013



Native Title Internship: Oliver Greeves Oliver Greeves interned in Adelaide with the South Australian Native Title Service, and completed research during his elective on the topic “Could the letters patent and colonial commitments give rise to a fiduciary duty?”. For four weeks during the 2013 winter break, I undertook an Aurora Photo by Oliver Greeves 2013 internship via the Aurora Native Title Internship Program at South Australian Native Title Services Ltd (SANTS). My experience was full of enriching tasks and activities, most of which considerably developed my legal research skills and my knowledge of the steps towards recognising native title rights and interests. It was a valuable addition to my studies, and further cemented my determination to pursue social justice in my legal career. Native title law is quite particular, and like many areas of law, the more I understand it, the more I realise how much of it I have yet to understand. I found out that this was the case even for the experienced native title lawyers. Despite being very specific, the law is immensely broad, and I found that the people engaged in this field encouraged creative discussion and theorisation. The work never became mechanical, which was one of the reasons why I found my internship to be endlessly interesting. I was given multiple tasks to complete, which kept me very busy — this included analysing the way certain provisions of the Racial Discrimination Act 1975 (Cth) operate, writing legal argument on tenure, previous exclusive possession acts and negotiation privilege, among other topics, drafting an affidavit and several letters pursuant to Indigenous Land Use Agreements. I also used geospatial software to determine the underlying land interests of the parcels in a claim area and then examined whether the grant of a certain interest was a previous exclusive possession act for the purposes of the Native Title Act 1993 (Cth). Sitting in at many Federal Court hearings allowed me to gain familiarity with the court’s procedure, and I even attended hearings for preservation of evidence, which took place ‘on country’ and therefore did not involve the same formality of the courtroom. Broken Hill, New South Wales

I attended a claim group authorisation meeting in Broken Hill over the first weekend, which was the highlight of my internship. My role during the meeting was to edit the resolutions to be passed, upon instruction from the group, and to record the voting results. The experience in Broken Hill enabled me to meet native title claimants personally and hear their stories. It also allowed me to bond with the SANTS staff and talk about our shared motivations and passions. My experience learning from the practitioners and other staff members about native title related matters has made me seriously consider a career in native title. Reflecting upon my internship, I consider the people, their personalities, their passions and the workplace culture have been as much of an incentive for me to work in native title in the future as the pursuit for Aboriginal justice has. Adelaide Law School Annual Learning and Teaching Report 2013



Mooting at Adelaide Law School Adelaide Law School Students Achieve National Success in International Humanitarian Law Moot Competition At the recent ALSA Conference held in Perth, Mr Mark Giddings and Mr Tomas Macura represented Adelaide Law School in the International Humanitarian (IHL) Moot competition. International Humanitarian Law deals with the regulation of armed conflict and provides strong legal protections for civilians as well as those hors de combat and is dedicated to ameliorating violence in conflict. Mark and Tomas were successful in all their preliminary rounds and successively prevailed over teams from the University of Queensland and Melbourne in the quarter and semi finals respectively, and ultimately the University of Tasmania, in the Grand Final. Presiding over the Grand Final Mark Giddings, Tomas Macura, His Honour Christopher was former Vice President of the Legoe QC and Professor John Williams International Criminal Tribunal for the Former Yugoslavia, Judge Kevin Parker. As a result of this win, Mark and Tomas will be representing Australia in an International Red Cross IHL Moot competition to be held in Hong Kong next year. Their efforts and dedication to task have been exemplary and their advocacy skills have been superb. At a special presentation recently, Mark and Tomas handed over the IHL Moot shield to Professor John Williams. During this presentation, His Honour Christopher Legoe QC announced his generous support for the establishment of an Adelaide University Mooting Prize. This year the AULSS and Law School cooperated in running an IHL course and associated mooting competition to select the Adelaide Law School team to go to ALSA. The competition saw enormous commitment and highly polished performers. Judging the various moots and providing constructive feedback were Dr Matthew Stubbs, Ms Rebecca LaForgia and Associate Professor Dale Stephens, who form the core teaching team for International Law. The Adelaide Grand Finalists in this event were Mark and Tom as well as Mr Carl Vail and Ms Chloe Swinden. The final event was attended by representatives of the AULSS (Mr Sam Hooper and Ms Charlotte Thomas) as well as the SA branch of the Red Cross (Ms Anne Trengove). The IHL and advocacy course will again be run in 2014.

Adelaide Law School Annual Learning and Teaching Report 2013



Mooting at Adelaide Law School

John Eldridge, Rebecca McEwen, Alice Wharldall and the Honourable Chief Justice Robert French AC.

At the Australian Law Students Association (ALSA) national conference in Perth in July, Adelaide Law School students were crowned national champions in the ALSA Championship Moot. Rebecca McEwen, John Eldridge and Alice Wharldall, who won the right to compete by winning the Adelaide University Law Students’ Society (AULSS) Open Moot competition, defeated the University of Newcastle in the grand final of the ALSA Championship Moot. The moot concerned a point of administrative law and was presided over by a panel including The Honourable Robert French AC, Chief Justice of Australia, The Honourable Wayne Martin AC, Chief Justice of Western Australia and The Honourable Carmel McLure, President of the Western Australian Court of Appeal. The problem raised numerous complex questions of law which were thoroughly explored by the participants with the assistance of the active and extremely insightful Bench. The win makes the University of Adelaide one of the most successful universities in the country in the ALSA Championship Moot over the last decades.

Adelaide Law School Annual Learning and Teaching Report 2013



Competing in the 2013 Jessup Moot A group of Adelaide Law School students has recently returned from representing the University in the Australian National Rounds of the 2013 Philip C Jessup International Law Moot Court Competition, the world’s most prestigious international law mooting competition. Our team of Sarah Ahern, Matthew Harnett, Bao-Loc Nguyen, Carl Vail and Michael Wong spent their summer break doing research, writing submissions and preparing for oral argument in a complex fictional international legal problem regarding the consequences of climate change for statehood in international law and for individuals who become climate change refugees. Our team competed with distinction, impressing the judges with their thoughtful and reasoned legal analysis, in the end being eliminated after losing by the narrowest possible points margin to the team who went on to be chosen as one of the Australian representatives for the international competition. Adelaide Law School has a proud history of success in the Jessup Moot competition, and with International Law becoming a compulsory course for students commencing in 2013 and subsequent years, all students will now have the opportunity to experience law on a global scale as part of their LLB studies. Congratulations to our Jessup Moot team for 2013.

Adelaide Law School's 2013 Jessup Moot team preparing to compete at the Australian National Rounds: (front, l-r) Michael Wong, Sarah Ahern and Matthew Harnett, (rear, l-r) Carl Vail and Bao-Loc Nguyen.

Adelaide Law School Annual Learning and Teaching Report 2013



Cyber War (and Law) Debate - Adelaide Law School versus Flinders University It is an unfortunate fact that armed conflict between countries takes place on land, sea and in the air. International Humanitarian Law (IHL), has developed and evolved to take account of warfare in these contexts. In recent years, it has become clear that there is a new environment where warfare is taking place; that of cyber space. With contemporary reliance upon computerised networks to run both military and civilian services becoming so ubiquitous, it is not surprising that both state and non-state actors are developing electronic weapons that are capable of damaging, degrading or neutralising such systems. The challenge in the modern era is determining whether existing IHL is Behind - Michael Swanson (Flinders), Raffaele Piccolo (Adelaide), Sarah Grant capable of regulating this new (Adelaide), Meaghan Kostecki phenomenon. In short does the law that (Adelaide). Front - Marina William applies to the physical world adequately (Flinders), Talia Admiraal (Flinders) apply to the virtual world? This was the central question of a debate that recently took place between students from Adelaide and Flinders Law Schools. As part of the Law Week celebration, the Adelaide Chapter of the Red Cross (Ms Petra Ball) in conjunction with the generous support of Finlaysons (represented by Partner Kirsten Dow) hosted this debate in which teams led by Associate Professor Dale Stephens and Flinders Professor Susan Breau did ‘battle’ with each other. The Adelaide team comprising of Ms Sarah Grant, Mr Raffaele Piccolo and Ms Meaghan Kostecki (researcher) taking the side that IHL does not adequately cover developments in the cyber war field, with the Flinders team taking the opposite side. The Adelaide team eloquently and forcefully tackled issues such as attribution, the definition of attack, perfidy, the principle of distinction and neutrality. The event was very successful and witnessed an enormous turnout of Adelaide University staff and students with standing room only in the Finlaysons Boardroom. While there were no formal winners (it was a Red Cross event after all!), it was clear that the Adelaide team did an amazing job in developing and presenting well-considered and persuasive arguments.  

Adelaide Law School Annual Learning and Teaching Report 2013



Student achievements Adelaide Law School Annual Learning and Teaching Report 2013



Success in national constitutional law essay competition Adelaide Law Student Alice Wharldall has been awarded second prize in the nation-wide Sir Anthony Mason Constitutional Law Essay Competition. In judging the finalists, Sir Anthony Mason said: ‘I found it very difficult to make a comparative assessment of the top four essays. There was very little between them. Any one of them was worthy of selection as the best essay.’

Alice Wharldall

Alice’s essay, Freedom of Political Communication: A Necessary Inquiry, considered the recent High Court decision in Monis v The Queen. In that case the High Court equally split over the question of whether the Commonwealth could prohibit the use of postal services in a way that a reasonable person would consider menacing, harassing or offensive, or whether such speech was protected by the implied freedom of political communication. Alice advanced an argument that the division in the High Court on this question reflected divisions about the requirements of representative government and the nature of political debate. Alice’s essay was originally submitted as part of the Advanced Constitutional Law: Theory and Practice elective course. University of New South Wales law student Marie Iskander was awarded first prize.

Adelaide Law School Annual Learning and Teaching Report 2013



Prestigious scholarships awarded to Adelaide Law School students

Photo: Jonathon Wenham (recipient), Mr Bob Piper, Mrs Margaret Piper and Professor John Williams (Dean, Adelaide Law School)

Bob Piper Law scholarship Jonathon Wenham has been awarded the Bob Piper Law Scholarship. National commercial law firm Piper Alderman have established the Bob Piper Law Scholarship to support one student during the second and third years of their Bachelor of Laws program. Mr Piper presented the scholarship to Jonathon reflecting upon his time as a student and his family’s connection with the University. He also wished Jonathon well with his career. Piper Alderman Managing Partner, Tony Phelps expressed his gratitude to the Adelaide Law School for encouraging local law firms to participate in the program and congratulated Jonathon on his award. Mr Phelps said ‘We are hopeful that this scholarship will provide Jonathon with a foundation for him to achieve as Bob Piper has achieved in the law and the wider community over many years.’ Professor John Williams commented ‘Mr Bob Piper is a known pillar of the South Australian legal profession and beyond and it is wonderful that he is able to help and inspire a student as great as Jonathon to help him succeed in his undergraduate degree’. Adelaide Law School would like to thank Piper Alderman for their generous ongoing support of our Adelaide Law School students. Further information about the Bob Piper Law Scholarship can be found at undergrad/bobpiper.html Adelaide Law School Annual Learning and Teaching Report 2013



Prestigious scholarships awarded to Adelaide Law School students Minter Ellison scholarship Adelaide law School would like to congratulate Yasmine Gill, who has been awarded the inaugural Minter Ellison Scholarship. This scholarship has been established by Minter Ellison, an international law firm based in Australia. This scholarship is to benefit a student who is in their first year of a Bachelor of Laws program at the University of Adelaide in 2013. Yasmine, an indigenous student originally from the Northern Territory, is one of 18 indigenous students currently studying law at the University of Adelaide, a number which the University is working strongly to build on.

Photo: Prof Christopher Findlay AM, Mr Adam Bannister, Managing Partner Minter Ellison, Ms Yasmine Gill (recipient) and Professor John Williams (Dean, Adelaide Law School)

Minter Ellison has partnered with the University of Adelaide in 2013 for the first time to present this scholarship that will enable the selected student to undertake their law degree with the University. Professor John Williams commented, “Yasmine is a terrific student and I am thrilled that she has been selected to receive the inaugural Minter Ellison scholarship. I’m sure that Yasmine will be a credit to the legal profession in years to come.” Adam Bannister said, “It is a privilege for us to be able to support Yasmine in her studies. She has done the hard work to get to this point and we are delighted to be able to provide the financial support to help her complete her degree.” The J.J. Bray Law Exchange Scholarship This scholarship is made available due to the generosity of members of the South Australian Legal Fraternity and the proceeds of the Portrait of John Bray and Dame Roma Glimpses of a Glorious Life Volumes. In 2013 this Scholarship was won by Yahdullah Haidari, Fletcher Vernon and Sharon Cho. William Donnithorne Awards This scholarship assists one medical student and one law student to continue their studies at the University of Adelaide. In 2013 this scholarship was awarded to Elise Thomson.

Adelaide Law School Annual Learning and Teaching Report 2013



Prestigious scholarships awarded to Adelaide Law School students Gilmore Law Scholarship )))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))) This Scholarship has been established by Miss Jean Gilmore, a gifted student who studied Law at the University of Adelaide obtaining distinguished results. This Scholarship was awarded to Ben Greenwood in 2013. The Dame Roma Mitchell Scholarship OOOOOOOOOOOOOOOOOOOOOOOO The Dame Roma Mitchell Scholarship is in the memory of one of Australia's leading advocates of human rights. It has been set up to assist students who are undertaking the Human Rights Internship Programme at Adelaide University Law School The Dame Roma Mitchell Scholarship was won by Tali Slater and Isabel Miller in 2013. D.A. Robertson Scholarship ))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))) This scholarship was established by a bequst fromt he Estate of Viney Robertson in memory of her late father, Donald Alexander Robertson, wo studies law at Adelaide Law School and graduated in 1934, as well as a gift from Rhona Margaret Seiler, the grand-daughter of Donald Alexander Robertson. In 2013 this scholarship was awarded to Oona Fisher Charles Hawker Scholarship The Charles Hawker Scholarship perpetuates the memory and commemorates the achievements of one of Australia’s most respected pastoral pioneers. The 2013 recipients from the University of Adelaide include Georgina Morphett and Nicholas Banks. Crown Princess Mary Scholarship Sarah Hibbard was awarded the Crown Princess Mary Scholarship in 2013. The scholarship was set up as a wedding gift for Crown Prince Frederick and his wife, Crown Princess Mary.

Adelaide Law School congratulates each of the students for winning these prestigious scholarships for undergraduate or post graduate legal study in 2014. We wish them all the best in their future endeavours.

Adelaide Law School Annual Learning and Teaching Report 2013



Ambassadors at the 18th Commonwealth Law Conference in Cape Town Two ambassadors, Rebecca McEwen and Lloyd Wicks, recently returned from Cape Town, South Africa- where they represented Australia at the 18th Commonwealth Law Conference. The Commonwealth Moot is an adjunct to the Conference; university teams are invited to represent their country based on their performance at regional tournaments. Whilst not taking out the final title- we are most proud of these two shining stars, and look forward to seeing their futures as they continue to ‘take on the world’. An amazing opportunity- they had the following comments: “We would like to thank the Law Society of South Africa and the University of Adelaide for sponsoring aspects of our visit to Cape Town. We would also like to thank the University of Adelaide Law Students Society and the Australian Law Students Association, which organised the mooting tournaments which gave us the opportunity to attend the Conference.”

Law Foundation of South Australia’s 2013 Law and Justice Essay Prize Congratulations to Sergey Fursa who won this years 2013 Law and Justice Essay Prize. His essay was titled: Traumatising our Future Denizens: Australia’s Legal and Policy Framework of Mandatory Indefinite Immigration Detention.

Adelaide Law School Annual Learning and Teaching Report 2013



Celebrating excellence— Adelaide Law School Annual Prize Ceremony

2013 Adelaide Law School Prize Sponsors and Student Recipients

The Annual Adelaide Law School Prize Ceremony was held at the University on 27 March 2014. The Prize Ceremony provides a wonderful opportunity to celebrate the achievements of our finest students, together with family, friends and supporters of the Adelaide Law School, including members of the Adelaide legal profession. Prizes are awarded in a range of categories, including excellence in individual courses, across degree programs and for success in various competitions. This year the prizes were presented by our guest speaker, Mr Skip Lipman of Lipman Karas. A complete list of 2013 prize winners appears in the following pages. The Adelaide Law School extends its warmest congratulations to all prize winners. We would also like to thank the legal profession, industry, community groups and individuals who support the Adelaide Law School as sponsors. Without their ongoing generosity the awards and the ceremony would not be possible. A full list of sponsors is found at the end of the report. Congratulations to all of our prize winners, and best wishes for your continued success.

David Brown Associate Dean (Teaching and Learning)

All photos of the prize ceremony courtesy of Mark

Adelaide Law School Dean Professor Zed Photography John Williams

Adelaide Law School Annual Learning and Teaching Report 2013



Celebrating excellence— Adelaide Law School Annual Prize Ceremony Major Post Graduate Prizes

Dean of Law and Associate Professor Melissa de Zwart presents Dr Beth Nosworthy with the Bonython Prize

Dean of Law and Associate Professor Melissa de Zwart presents Calinda Sacilotto with the Honourable Margaret Nyland AM prize

Adelaide Law School Annual Learning and Teaching Report 2013



2013 Prize Winners Post-Graduate Major Prizes The Bonython Prize

Beth Nosworthy

The Hon Justice Margaret Nyland AM Prize for the Most Meritorious Student in the Master of Laws

Calinda Sacilotto

The AMPLA Prize for Minerals and Energy Law

Calinda Sacilotto

The Fox Tucker Prize for International Franchising Law

Yiling Dong

Postgraduate Dean’s Certificates Awarded to the most meritorious student in each Law course Company Merger and Acquisition Law

Nadia Torcutti

Comparative Corporate Rescue Law

Michael Hoerdt

Comparative Law (shared)

Yiling Dong Katsiaryna Klimenka Anne Werding Sonja Wolf

Corporate Governance

Nicholas Radbone

Government Business and Regulation

Calinda Sacilotto

International Commercial Arbitration

Kim Dao

International Security Law (shared)

Michael Hoerdt Calinda Sacilotto

International Trade Law

Ziyaad Ebrahim

International Trade Transactions and the Law (shared)

Kim Dao Brette-Ashley Schumann

Selected Issues in Intellectual Property Law

Yiling Dong

Technology, Law and Society

Alexis Henry-Comley

Transnational Organised Crime

Calinda Sacilotto

Adelaide Law School Annual Learning and Teaching Report 2013



2013 Prize Winners Graduate Diploma in Legal Practice Dean’s Certificates Awarded in partnership with the Law Society of South Australia

Civil Litigation Practice

Yean Tian

Commercial and Corporate Practice

Daniel Centofanti

Employment and Industrial Relations Practice (shared)

Zoe Irwin Lucille Weston

Foundations of the GDLP

Timothy Graney

Professional Obligations

Johnathan Wongsosaputro

Property Law Practice

Timothy Graney

Wills and Estates Practice (shared)

Chelsea Hannaford Emily Lyons


Adelaide Law School Annual Learning and Teaching Report 2013



2013 Prize Winners Undergraduate Major Prizes The Hon David Bleby QC Prize for Principles of Public Law (shared)

Gilbert Hallahan Rebecca Mahony

The Edmund Barton Chambers Prize for Criminal Law and Procedure

Katherine Draper

The Edmund Barton Chambers Prize for Evidence and Proof in Theory and Practice

Jack Batty

The EMA Legal Prize for Workplace Law

Ruxandra Voinov

The Fisher Jeffries Prize for Litigation Ethics

Lauren Clark

The Frederick Penoyre Adams Prize

Christopher Hercus

The Gallagher Prize for Law of Torts 2

John Eldridge

The Gilchrist Connell Prize for Medical Law and Ethics

Andrew Huckstepp

Hanson Chambers Prize for Advocacy

Samuel De Cure

The Howard Zelling Prize for Administrative Law (shared)

Sergey Fursa Katherine Varsos

The Howard Zelling Prize for Constitutional Law

Peeta Hutson

Illa Gervasi Prize for Property Law (shared)

Sara Biggs Jack MadiganManuel Shauna Roeger Amy Teakle Rachel Wall

The John Keeler & The John Bray Law Chapter Alumni Prize for Equity (shared)

Cameron McBryde Alexander Retzlik

The John Keeler & The John Bray Law Chapter Alumni Prize for Torts

Frankie Rodney

The Hon Christopher Legoe QC Prize for Excellence in Mooting

Mark Giddings

Adelaide Law School Annual Learning and Teaching Report 2013



2013 Prize Winners The John Perry Prize for Public International Law

Belinda Sims

Johnson Winter & Slattery Prize in Corporate Law (shared)

Oona Fisher Weijing Li

The Kelly & Co. Prize for Excellence in Intellectual Property Law

Emily Bell

The Law Society of South Australia Centenary Prize

Alice Wharldall

The Lipman Karas Prize for Excellence in Contracts

Natalie Williams

The Lipman Karas Prize for Excellence in Remedies

Julian Amato

The Lipman Karas Prize for Dispute Resolution and Ethics (shared)

The Norman Waterhouse Prize for Family Law (Shared)

The Norman Waterhouse Prize for Law of Work The Piper Alderman Prize for Excellence in Contracts and Property Law (shared)

The Piper Alderman Prize for Excellence in Equity and Corporate Law (shared)

The Roy Frisby Smith Prize (shared)

Therese McCarthy Alice Wharldall

Eloise Crompton Daniel D’Onofrio Ruxandra Voinov Clairissa Hewitt Shauna Roeger William Scobie Nicholas Crawford Sophie Flaherty Robert Katsambis Wei He David Hunt

The Sheahan Lock Partners Award for Excellence in Personal Insolvency Law

Jessica McNamara

The South Australian Bar Association Incorporated Prize for Evidence

Jack Batty

Adelaide Law School Annual Learning and Teaching Report 2013



2013 Prize Winners The Sparke Helmore Prize for Immigration and Refugee Law (shared)

Nadia BaldassiWinderlich Kim Sorensen

The Turnbull Family Prize

Narrah O’Loughlin

The Women Lawyers’ Association of South Australia Prize for Anti-discrimination Law

Michael Norris

Book Prizes LexisNexis Prizes for Academic Excellence

Thomson Lawbook Company Prizes for Academic Excellence

Sara Biggs Oona Fisher Sergey Fursa Wei He David Hunt Robert Katsambis Weijing Li Alexander Retzlik William Scobie Rachel Wall

Nicholas Crawford Sophie Flaherty Stefan Harris Clairissa Hewitt Peeta Hutson Kaylah Kopsaftis Jack MadiganManuel Shauna Roeger Amy Teakle Natalie Williams


Adelaide Law School Annual Learning and Teaching Report 2013



Celebrating excellence— Adelaide Law School Annual Prize Ceremony Major Undergraduate prizes The Stow Prizes are awarded to students who have shown exceptional merit in not less then two courses. 2013 recipients of the Stow prize are: Jack Batty (shared), Rebecca Mahony (shared) Frankie Rodney, Ruxandra Voinov and Alice Wharldall

Jack Batty

Rebecca Mahony

Ruxandra Voiinov

Alice Wharldall

Adelaide Law School Annual Learning and Teaching Report 2013

Frankie Rodney



2013 Prize Winners Undergraduate Dean’s Certificate Awarded to the most meritorious student in each Law course Adelaide Law Review A / B (shared)

Tania Drewer Alice Wharldall

Advanced Constitutional Law

Alice Wharldall

Clinical Legal Education

Ruxandra Voinov

Contract Law: Selected Issues

Scott Hunt

Corporate Disclosure Obligations

Jack Batty


Scott Hunt

Foundations of Law (shared)

Stefan Harris Kaylah Kopsaftis

Human Rights Internship

Esther Pearson

International Labour Law

Nicholas Sinanis

International Law

Frankie Rodney

Jessup Moot

Matthew Harnett

Law Reform A / B (shared)

David Hunt Katherine Varsos

Law Research Dissertation (shared)

Beatrix van Dissel Jordan Walsh Alice Wharldall

Native Title Internship Programme

Oliver Greeves

Property Theory (shared)

Marlon Blencowe Cameron Coventry

Public Law Internship Programme

Jonathon Tsianikas

The Politics of Law (shared)

Janet Hill Sherin LimHussain

Adelaide Law School Annual Learning and Teaching Report 2013



The Justin Skipper Prize The Justin Skipper Prize is awarded to the candidate who has taken the most active and effective part in the general activities of student life within the University during the whole of his / her programme. The Justin Skipper Prize was awarded in 2013 to Raffaelo Piccolo

RW Bennett Prize Two annual prizes are awarded for the best performance in a single course. The 2013 RW Bennett Prize winners are Katherine Draper, Janet Hill (shared), Sherin Lim-Hussain (shared) and Nicholas Sinanis (shared)

Honours Prize Winners The Angas Parsons Prize (shared)

John Eldridge Oscar Grosser-Kennedy

The John Bray Law chapter of the Alumni Prize

Alice Wharldall

2013 Law Students’ Society Prizes Lipman Karas Witness Examination

Benjamin Consentino

Freehills Prize for Client Interviewing

Jessica McBride Sophie Waples

Kelly and Co Prize for Open Moot

John Eldridge Rebecca McEwen Alice Wharldall

The John Bray Law Chapter of the Alumni First Year Contract Moot (sponsored by Cowell Clarke Commercial Lawyers)

Gordon Wicks

Clayton Utz Negotiation Skills Competition

Mark Giddings Sarah Ahern

International Humanitarian Law

Mark Giddings Tomas Macura

Novice Moot

Shauna Roeger

Adelaide Law School Annual Learning and Teaching Report 2013



Undergraduate courses

Adelaide Law School Annual Learning and Teaching Report 2013



Undergraduate Courses 2013 COURSE Semester Adelaide Law Review part A 1 Adelaide Law Review part B 2 Administrative Laws 2 Advanced Constitutional Law 1 Anti-Discrimination and Equality Law 2 Australian Constitutional Law 1 Business Tax and GST III 2 Clinical Legal Education S, 1 or 2 Commercial Law 1 2 Commercial Law 2 2 Comparative Law 1 Contract Law: Selected Issues 1 Contracts 1 Corporate Law 2 Criminal Law and Procedure 1 Criminology 2 Dispute Resolution and Ethics 1 Equity 1 Evidence and Proof in Theory and Prac 2 Family Law 1 Foundations of Law 1 Human Rights Internship Programme S,1 or 2 Income Tax Law III 2 Intellectual Property Law S International Labour Law 1 International Law 2 Jessup Moot S Law of Torts 2 (transitional) 2 Law of Work S Law Reform Part A 1 Law Reform Part B 2 Law Research Dissertation 1 or 2 Medical Law and Ethics 1 Moot Court 2 Native Title Internship Programme 1 or 2 Personal Insolvency Law 1 Principles of Public Law Property Law Property Theory Public Law Internship Programme Public International Law Refugee Law and Policy Remedies The Politics of Law Tort Law

2 2 1 S, 1 or 2 S 2 1 1 1

Adelaide Law School Annual Learning and Teaching Report 2013

Course Co-ordinator Dr. J. Gava Dr. Paul Babie Dr. J. Bannister Dr. G. Appleby A. Hewitt Dr Gabrielle Appleby Pasquallina Callea Marg Castles Philip Ritson Franc de Zwart Cornelia Koch Prof. A. Stewart Prof. A. Stewart Assoc. Prof. C. Symes Prof. N. Naffine A. Perry Anne Hewitt D. Wright N. Wilson A. Perry Dr. S. Le Mire/ Dr P. Burdon A. Hewitt Sylvia Villios Dr. J. Bannister Professor R. Owens Assoc Prof Dale Stephens Dr. M.Stubbs Dr. M. de Zwart Prof. R.Owens H. Wighton H. Wighton Dr. B. Richards Dr. B. Richards A. Perry A. Hewitt Assoc Prof C. Symes and Assoc Prof D. Brown Dr. M. Stubbs P. Leadbeter Dr Paul Babie Judith Bannister Dr Matthew Stubbs Assoc Prof Alex Reilly D. Wright Dr. P. Burdon Dr B. Richards Page


Post Graduate Teaching and Research

Adelaide Law School Annual Learning and Teaching Report 2013



Post Graduate Teaching Welcome to the post graduate section of our Annual Learning and Teaching report The Adelaide Law School presents three programs at Masters level in Law for non-law and law graduates. These are known as Master of Laws, Master of Comparative Laws and Master of Business Law. Our programs provide access to a range of areas to suit both domestic and international students proceeding directly from undergraduate study, as well as experienced graduates and practitioners who wish to further develop their understanding of law and legal processes.

Associate Professor Christopher Symes

Each year the Adelaide Law School offers over 20 high-quality courses, each of which have a strong commercial, international and/or comparative focus. Our teaching staff do not just include members of the Law School, but also legal practitioners and visiting academics from interstate and overseas. They have a wealth of knowledge to impart, and the small class sizes provide opportunities for highly interactive learning. Students have the chance to meet and establish contacts with students from other parts of the world and to benefit from their experiences. In 2013 it was very heartening to peruse the summary of marks for completing students and note our highest performer achieved 6.875/7 as their cumulative grade point average (a measure of marks across all completed courses), an outstanding consistent achievement. In fact, all our completing students obtained good results which, I believe, is an indication of the significant quality of student learning and the teaching taking place in our post-graduate courses. Associate Professor Christopher Symes Director Postgraduate Coursework Programs Adelaide Law School Annual Learning and Teaching Report 2013



Post Graduate Teaching Mining and Energy Law Mining and Energy Law has been offered as an intensive postgraduate course in the Winter Semester every two years since 2009. It is taught through a mix of lectures and interactive seminars, with students completing a short assignment and a major research essay as their assessment. A mix of full time students, industry professionals and legal practitioners attended in 2013, leading to very lively discussions about a number of topical issues. Course Co-ordinator: Dr Alex Wawryk, Senior Lecturer

The course offers an introduction to the regulatory regime governing onshore and offshore mineral and petroleum exploration and production. A major aim is to provide students with a critical understanding of the role and impact of mining and energy law from the perspective of different members of the community. The law is presented in its political, social, and economic context, and focuses on the concept of the ‘social licence to operate’. As well as introducing students to the fundamental principles of licensing schemes, topics include: mining and Native Title law; mining and environmental protection; the legal arrangements governing exploration and production in the Timor Sea; and a critical assessment of international and national climate change law. One of the notable features in the delivery of this course is the involvement of the profession. Historically, members of the Australian Resources and Energy Law Association and other legal practitioners have contributed their expertise, providing practical tips and useful insights into the industry. The Law School is particularly indebted to the lawyers from Ashurst for their ongoing support since 2009, including this year’s guest lecturers, Tanya Denning, Clare Lawrence and Katherine Lake. Other guest teachers in 2013 included Peter Hawkes from HerbertGeer, and Katelijn van Hende of the University College of London. Their involvement is highly valued by the students, and the Law School would like to thank all those who have contributed to this course. Peter Hawkes, Partner, HerbertGeer

Tanya Denning, Partner, AshurstAustralia Adelaide Law School Annual Learning and Teaching Report 2013



Post Graduate Teaching Comparative Law Members of the public together with the Comparative Law Class of 2013

In April and May Adelaide Law School’s Masters students in Comparative Law presented two public symposia, the first on ‘Male Circumcision in Comparative Perspective’ and the second on ‘Compulsory Voting in Comparative Perspective’. Both topics have been the subject of recent public debate in Australia. Following a German court decision holding that circumcision of an underage boy is a crime, discussion of this issue was reignited in Australia. The first symposium considered the case and subsequent legislation regulating circumcision in Germany; the history of and attitudes to circumcision in Australia, including Indigenous communities; and the practice of circumcision in Africa and Asia. The six student presenters were from Germany, Australia, Sierra Leone and China. Two academics from the Adelaide Law School, Anne Hewitt and David Caruso, gave keynote addresses which considered the imbalanced regulation of male and female circumcision in Australia and consent to harms involving children respectively. The second symposium on compulsory voting was timely as the Queensland Attorney General had called for submissions on whether to abolish compulsory voting in Queensland in January of this year. A number of Australian politicians have expressed support for non-compulsory voting. The papers addressed the background to and history of compulsory voting in Australia, and voting in Cambodia, Malaysia, Germany, Austria, Luxembourg, the USA and France. The six student presenters were from Australia, France, Germany, Cambodia and Malaysia. Mike Wait from the Crown Solicitor’s Office gave the keynote address. He had appeared in the recent case of Holmdahl v AEC that challenged the legality of compulsory voting. Mr Anders Holmdahl, who had initiated this case, presented a response. Both symposia attracted legal practitioners, academics, law students and other members of the general public. The feedback from the audience was very positive and similar symposia will be organised again with next year’s cohort of postgraduate Comparative Law students. Adelaide Law School Annual Learning and Teaching Report 2013



Post Graduate Teaching Comparative Law In late May the postgraduate Comparative Law students accepted the Honourable Justice Gray’s invitation to visit the South Australian Courts. Justices Gray and Sulan welcomed the students, showed them part of the Supreme Court Building and explained the work of the courts to them. The group then saw a witness examination in a trial heard in the District Court, before being shown a court room, including prisoner holding cells and jury deliberation room, by Her Honour Judge Davison. After that, the Honourable Christopher Legoe QC gave a presentation on the

history of the independent bar in South Australia. This was followed by a visit to the Adelaide Magistrates Court where Deputy Chief Magistrate Dr Andrew Cannon explained the Australian system of courts to the students. The group then rejoined Justice Gray, who showed them his chambers and the robes and wigs worn by a Justice of the Supreme Court. The visit ended with a lunch hosted by the Judge. The students enjoyed this experience very much. It gave them not only an insight into how the South Australian courts operate but also into the judicial mind.

Adelaide Law School Annual Learning and Teaching Report 2013



Postgraduate research degrees

Adelaide Law School offers the following postgraduate research degrees: LLM The Master of Laws is a program developed to provide Law graduates with the opportunity to further their legal studies. The program is one year of full-time study and allows students to select from a wide range of courses. This program is also available as a double degree with Master of Commerce, Master of Professional Accounting, Master of Commerce (Marketing) and Master of Applied Finance. MCL The Master of Comparative Laws is a joint program offered by Adelaide Law School and the University of Mannheim, Germany. It provides Law graduates with a unique opportunity to broaden their understanding and experience of law. Students spend one semester of full-time study in Adelaide and one semester of full-time study on exchange in Mannheim. Upon return to Adelaide, students complete a supervised dissertation in a Comparative Law area. MBL The Master of Business Law suite of programs is designed for postgraduate students who do not hold an undergraduate degree in Law. Students complete foundation law courses which provides them a base to select the remaining units of their program from the wide range of PG Law electives. The suite of programs includes the Masters degree (1.5 years full-time study), Graduate Diploma (1 year full-time study) and the Graduate Certificate (6 months full-time study). The Masters program is also available as a double degree with Master of Commerce, Master of Professional Accounting, Master of Commerce (Marketing) and Master of Applied Finance. M(Phil) and PhD The Master of Philosophy (M(Phil)) and Doctorate of Philosophy (PhD) degrees allow students to complete intense and focussed research, and to develop true expertise in a specialized area. Candidates complete their substantial research thesis within 2 and 3 years respectively.

Adelaide Law School Annual Learning and Teaching Report 2013



Postgraduate research at Adelaide Law School Adelaide Law School offers postgraduate research degrees for Doctor of Philosophy (PhD) and Master of Philosophy (M Phil). Students may study full-time or part-time. Full-time students can apply for Commonwealth Government and University funded scholarships, along with the Law School’s Zelling-Gray scholarships. A full-time PhD is usually completed in three years, with a maximum of four years, to submit a thesis not normally exceeding 80,000 words. For Masters, the full-time maximum is two years to submit a thesis of up to 40,000 words. Students undertake extensive research and their theses, that display original and critical thought, are written under the close supervision of a principal supervisor from the Law School’s academic staff, assisted by a panel of one or two co-supervisors. The postgraduate research students contribute to a vibrant research community within the Law School. The full-time research students also play an important role as tutors in our LLB teaching program. Dr John Gava Research Programs Director

Adelaide Law School Phd Scholars, 2013 Adelaide Law School is privileged to have a thriving post graduate research programme. The number of students completing PhDs and masters by research within the School continued to grow, and the contribution of these graduate researchers to the School culture and community has been appreciated by all. Notable aspects of our PhD student community is their collegiality, with initiatives such as a PhD student's reading group ensuring an engaging (and engaged) research culture is being develop from the ground up. Axford, Karen

Lederer, Nicole

Ellis, Craig

Bartie, Susan

Leverenz, Renae

Henderson, Stacey

Bradbury, Kate

Olijnyk, Anna

Zito, Paula

Bruerton, Mark

Paxton, Jennifer Anne

Toole, Kelly

Evans, Heath

Solis, Manual

de Zwart, Franc

Giancaspro, Mark

Webster, Adam

Agal, Abdolhamad

Harris, Jason

White, Vanessa

Villios, Sylvia

Hassanli, Samaneh

Nichol, Matt

Adelaide Law School Annual Learning and Teaching Report 2013



Postgraduate research at Adelaide Law School New programme to support teaching excellence for Adelaide Law School PhD candidates During 2013, an exciting innovation at Adelaide Law School was initiated - a new Teaching Fellowship programme for PhD candidates. The Teaching Fellowships are designed to complement the research training which our law PhD candidates receive with support and training in relation to teaching. Each Fellowship includes up to 3 years teaching mentoring by senior academics, a comprehensive programme of teacher training, and guaranteed teaching experience. The importance of teacher training and support at the beginning of an academic career cannot be underestimated, and Adelaide Law School is delighted to be able to offer these Fellowships from 2013. As Adelaide Law School Dean John Williams states, they will ‘add another dimension to PhD candidature at Adelaide Law School and will contribute to the professional development of PhD candidates interested in pursuing an academic career in law.’ The Adelaide Law School looks forward to including 2013’s Teaching Fellows into our vibrant teaching and intellectual community. More information can be found at: teaching-fellowships/

Adelaide Law School Annual Learning and Teaching Report 2013



Adelaide Law School PhD candidates Mark Bruerton— Mark has been a participant in the PhD program at the Adelaide Law School as both a Divisional and Zelling-Grey scholar since February 2011. Before this he completed his undergraduate Law/International Relations degree at Griffith University on the Gold Coast. During that time Mark was a contributor to the Griffith University Federalism Project, through which his work has been published several times. Since arriving at the University of Adelaide Mark has contributed to the Adelaide Law School Writing Clinic as a tutor and been involved with the Centre for Housing, Urban and Regional Planning (CHURP) as a research officer since June 2011. Mark’s thesis is entitled COAG, Democracy or the Australian Constitution: you can choose two and will be completed in February 2014. Until that time he hopes to continue to make a contribution both to the Law School and the University. Karen Axford Karen Axford is preparing a thesis on the role institutions play in functional insolvency systems. Karen has spent her career involved in insolvency administration, first as a practitioner and then as a government regulator. The thesis is about the implementation gap observed when countries upgrade their insolvency laws in the wake of financial crises. The gap arises when the new laws, which conform to international standards, do not operate as intended. The thesis explores the causes of the implementation gap and possible solutions. Recently, Karen th attended the 9 FAIR (Forum for Asian Insolvency Reform) where discussion of the implementation gap being experienced in Asian economies was on the agenda.

Karen with Filipina delegates (Karen holding the FAIR conference bag)

Karen pictured with Governor Amando M Tetangco Jr, Head of the Bangko Sentral ng Philipinas.

The FAIR was held in Manila and hosted by the Bangko Sentral ng Pilipinas.

Adelaide Law School Annual Learning and Teaching Report 2013



Adelaide Law School PhD candidates Samaneh Hassanli Samaneh has a Bachelor of Law and Legal Practice from Shiraz University, Iran and a Master of Comparative Law from the University of Adelaide. She is currently in her final year of PhD study at the University of Adelaide Law School, undertaking a doctoral thesis in international law. Her research deals mainly with the reconciliation of the intersection between International Humanitarian Law (IHL) and International Human Rights Law (IHRL). More precisely, she examines the extraterritorial application of human rights norms in armed conflict situations and proposes a model for the parallel application of IHL and IHRL for the greater protection of civilians caught up in armed conflict. In 2013 she was awarded the Law Foundation of South Australia Fellowship to undertake a three-month visit to the Program on Humanitarian Policy and Conflict Research at Harvard University (HPCR) as a visiting scholar.

Anna Olijnyk - Anna is in the final stages of her PhD, having commenced in January 2011. Her thesis is on the topic of civil procedure in mega-litigation, focusing on the constitutional role of the court. The supervisors of the thesis are Professor John Williams and the Honourable David Bleby QC. Throughout her PhD candidature, Anna has taught in Australian Constitutional Law and Administrative Law, and was a PhD Teaching Fellow in 2013. In 2012 she was the Postgraduate Students’ Representative, and a University finalist in the Three Minute Thesis competition. In 2014, Anna will take up a position as Lecturer in the Law School.

Adelaide Law School Annual Learning and Teaching Report 2013



Adelaide Law School PhD candidates Franc de Zwart Predicting Firm Sustainability Through Governance: The Relational Corporate Governance Approach The approach presented in this thesis maps the effectiveness of corporate Governance Variables in use in corporate Governance Codes and laws around the world and assesses reform proposals in the field. The approach can be used by regulators, policymakers, law reformers and corporate actors as a diagnostic tool to analyse the governance health of individual companies and the governance actions required to remedy sub-optimal governance and management arrangements. The principal aim of the approach is to make predictions in relation to the relative importance of Governance Variables inter se in reducing (or increasing) agency costs and enhancing (or reducing) the long-term efficiency and survival of the for-profit firm.

In Semester 2, I taught COMMLAW 2500 Commercial Law II which is a course focusing on partnership and company law for non-law students primarily in the Bachelor of Commerce degree.

Adelaide Law School Annual Learning and Teaching Report 2013



Adelaide Law School PhD candidates Manuel Solis - Upon invitation by National Tsing Hua University, Manuel Peter S. Solis, a PhD candidate and Teaching Fellow at the Law School, presented a conference paper entitled "Renewable Energy Development in the Philippines: Legal Measures, Implementation, Challenges and Solutions" at the International Joint Conference on Changing Energy Law and Policy in Asia Region, Taiwan, 1718 October 2013. The international conference was organised by National Tsing Hua University and co-sponsored by Taiwan's National Science Council and Kluwer Law International. It gathered legal experts and scholars from Asia, Australia and Europe to exchange research and provide current developments in the renewable energy sector in Asia. Also, the inaugural conference is expected to become an annual event and as a continuing forum on renewable energy development in the Asia region. Kluwer Law International will publish Manuel's conference paper as a book chapter on legal issues of renewable electricity in the Philippines."

Left to right Dongdong Song of the City University of Hong Kong, Dr Chien-Huei Wu of Academia Sinica, Dr Robert Smith, Prof Birgitte Egelund Olsen of Aarhus University, Professor Popi Konidari of the National and Kapodistrian University of Athens, Dr Seuyeun Lee of Yonsei Law School, Toby Couture of IFOK GmbH, Manuel Peter Solis of Adelaide Law School, Prof Chien-Te Fan of National Tsing Hua University and Dr Anton Ming-Zhi Gao of National Tsing Hua University.

Adelaide Law School Annual Learning and Teaching Report 2013



Adelaide Law School PhD candidates Sylvia Vilios - Sylvia is a taxation and commercial law lecturer at the Law School. Her background in taxation and commercial law extends beyond academia and includes experience in legal practice. Prior to her appointment as a lecturer, Sylvia was engaged in legal practice for 6 years at two of Adelaide's leading law firms, specialising in advising clients on taxation, trust law, superannuation and general corporate and commercial matters. She continues to maintain contact with the profession and is actively involved with the Tax Institute. She is currently undertaking her PhD titled “A Framework for Corporate Insolvency Taxation: The Crossroads of the Theoretical Perspectives in Taxation Law and Insolvency Law” under the supervision of Associate Professor, Christopher Francis Symes at the University of Adelaide and Associate Professor, Paul Kenny at Flinders University. Her thesis considers the interaction of the tax system with an insolvent company and her central argument is that there is considerable misalignment between taxation law and corporate insolvency law which is creating a hostile environment between the Commissioner of Taxation and the key participants in a corporate insolvency. Ultimately, this has considerable adverse consequences, including greatly inhibiting any prospect of successful corporate rescue. The thesis considers the theoretical perspectives that underpin each of these areas of law and the ‘crossroads’ of these perspectives is used to develop a framework upon which current legislative provisions and reform proposals are assessed.

Adelaide Law School Annual Learning and Teaching Report 2013



Adelaide Law School PhD candidates Vanessa White - Vanessa is in her fourth year of PhD study at the University of Adelaide Law School. Her thesis title is 'Parties to Gamete Donation: From Bounded Selves to Relational Persons'. Vanessa’s principle supervisor is Professor Ngaire Naffine, with secondary supervisors Dr Judith Bannister and Dr Sonia Allan (external). Vanessa White attended the 14th Greek Australian International Legal & Medical Conference from 2-9 June 2013. Vanessa was awarded a Dontas Family Travelling Fellowship (the Professor John Harber Phillips Fellowship for Law), which covered all expenses associated with attending the conference.99 97777777777777999 9999999999999999999 The theme of the conference was 'Medicine and Law - Protecting the Unprotected', and Vanessa presented on the topic 'Structuring legal relationships to facilitate the exchange of information between gamete donors and donor-conceived offspring in Australia'. Highlights of the conference for Vanessa were having dinner with the Australian Ambassador to Greece (HE Mrs Jenny Bloomfield) at the Australian Residence in Greece, and meeting many eminent legal scholars and judicial officers from Australia. The opportunity to travel to Athens and enjoy some wonderful Greek cuisine was also a highlight of winning the Fellowship.

Adelaide Law School Annual Learning and Teaching Report 2013



Adelaide Law School PhD candidates Adam Webster- Adam has a Colorado National Monument Bachelor of Engineering (Civil) and a Bachelor of Laws from the University of Adelaide, graduating with first class honours in both of degrees. After graduating in 2006, Adam was admitted to practise as a barrister and solicitor of the Supreme Court of South Australia and spent the following two years working as an Associate to the Honourable Justice Debelle of the Supreme Court of South Australia. His PhD research examines the question whether States of Australia have a right to water from rivers that flow between States or form the borders between States. Adam’s research focuses primarily on the dispute between States over water from the River Murray. Adam is a 2012 South Australian Fulbright Scholar and visited the University of Colorado and the University of Arizona in 2012/3. As part of his research he is examining how similar interstate water disputes have been resolved in that country. Adam submitted his PhD in January 2014. As a Fulbright Scholar Adam Webster shares his United States experience Adam Webster is a 2012 Fulbright South Australia Scholar. Adam spent 10 months in the United States for the purpose of investigating how interstate water disputes have been resolved in the United States, and considering whether these approaches can be applied in Australia. In particular, he is interested in the role that the United States Supreme Court has played in settling interstate water disputes. Adam shares his story below. While many interstate water disputes have been solved by the States entering into a compact (‘intergovernmental agreement’), some disputes have not been able to be resolved in this way and have been litigated by States in the United States Supreme Court. The United States Constitution does not expressly deal with interstate water rights; however, the Supreme Court has held that there is an ‘equality of right’ between States and, as a consequence, each State is entitled to an ‘equitable apportionment’ of the water of the interstate river. From an Australian perspective, the interesting question is whether the High Court of Australia could adopt a similar approach in resolving and future disputes over the waters of the River Murray. Examining this question is an important part of my PhD research.’

Adelaide Law School Annual Learning and Teaching Report 2013



Adelaide Law School PhD candidates Paula Zito has a Bachelor of Laws, Honours, and a Bachelor of Arts, both from the University of Adelaide. She was admitted to the Supreme Court of South Australia as a barrister and solicitor of South Australia in 1998. Paula practiced law for twelve years, at various commercial law firms, in the areas of Commercial Law and Intellectual Property, before deciding that she wanted a new challenge – researching and teaching the law in her areas of practice. Since 2009, Paula has been a seminar leader at the Law School, teaching Contract Law, Intellectual Property and Torts. She is now in her first year of her PhD. Her PhD research topic, “Geographical Indications: What is their worth? A comparison of Geographical Indication registrations between Australia and Italy”, has evolved as a consequence of Paula’s passion for intellectual property and her practice experience in this area. At the moment, Australia has limited its Geographical Indication (GI) registrations to just wines and spirits. Whilst in the European Union, the scope of GI registrations is much broader, already extending to food, artisan products, skills and techniques, culture and traditions. In particular, Italy has the highest food protection GI registrations. Paula’s research will focus on whether Australia could also benefit from extending GI protection in this way. Paula’s research will evaluate the potential value that GI registrations could have in Australia, and whether an expansion, in a very similar vein to Italy, could be worthwhile for Australian food producers, consumers, and geographical locations.

Adelaide Law School Annual Learning and Teaching Report 2013



Adelaide Law School PhD completions in 2013 Mark Giancaspro Mark Giancaspro - Mark graduated from Flinders University, South Australia with a Bachelor of Laws and Legal Practice (Hon). He was admitted as a Barrister and Solicitor of the Supreme Court of South Australia in 2009 but opted to pursue postgraduate study at the University of Adelaide Law School. His doctoral thesis, currently under examination, analysed a controversial English common law principle concerned with the doctrine of consideration. This principle fundamentally disturbed the traditional foundations of the law of contract and its operation and development throughout the common law world were critically examined to support a broader recommendation for reform to this area of contract law. Mark presented at the Advanced Contract Law Conference (Adelaide) in November 2011 and has published in a number of journals. He also writes in the areas of criminal and tort law. He was appointed as an Associate Lecturer with the Law School in 2013.

Adelaide Law School Annual Learning and Teaching Report 2013



Post Graduate Courses Business Taxation &GST - John Tretola Company Mergers and Acquisitions Law - Jim Hambrook Comparative Corporate Rescue Law - Associate Professor David Brown Comparative Law - Cornelia Koch Competition and Consumer Law - David Wright Corporate Governance - Dr Suzanne LeMire Corporate Law (M) - Tiziana Margaritis Corporate Law: Selected Issues - Associate Professor Christopher Symes Criminal Law - Selected Issues - Professor Ngaire Naffine Dissertation - Dr Bernadette Richards Government Business and Regulation - Professor John Williams Mining and Energy Law - Dr Alex Wawryk Income Taxation - Sylvia Villios International Commercial Arbitration - Kath McEvoy International Environmental Law - Paul Leadbeter International Franchising Law - Peter Buberis International Security Law - Associate Professor Dale Stephens International Trade Law - Keith Wilson International Trade Transactions and the Law - Letizia Raschella-Sergi Introduction to Business Law - Mark Giancaspro /Dr Beth Nosworthy Selected Issues in Intellectual Property Law - Assoc Professor Melissa de Zwart Technology Law and Society - Nigel Wilson Transnational Organised Crime - Andreas Schloenhardt

Adelaide Law School Annual Learning and Teaching Report 2013



Post Graduate Courses Graduate Diploma in Legal Practice Adelaide Law School, in partnership with the Law Society of South Australia offered a new GDLP program designed to offer convenience, establish connections and prepare students for their legal career.

Helena Jasinki, Barrister and GDLP sessional staff member for Criminal Law, including Trial Advocacy

The key advantages of studying the GDLP at the University of Adelaide are: Convenience: Flexible delivery - with lectures delivered online and course seminars held during the day, evening and weekends, with resources and assessments available online. Direct local admission - to practise in South Australia. Students can then easily apply for a practising certificate in other States and Territories without seeking further admission. Don’t wait until you graduate - students can commence the GDLP concurrently with their final year undergraduate studies. Individual assessment and no exams Location - the Adelaide Law School campus is conveniently located in the CBD and offers a seamless continuation of study at the University of Adelaide. FEE-HELP - is available. Connections: Network while learning and build face to face relationships within the South Australian legal profession. Most GDLP sessional staff are practising lawyers (barristers, solicitors and Judges). This is a valuable opportunity to make an impression. Don’t underestimate the importance of connections with peers as it often leads to ongoing professional relationships. Career: The GDLP curriculum has currency because it is designed by local lawyers and tailored to the tasks that junior lawyers complete. Legal Practice Placements - the program helps students secure a 6 week placement which provides vital experience, building the skills and confidence to be prepared to enter the legal profession. Practice advocacy skills - students get to practice their advocacy skills in the district court, making submissions to and receiving feedback from senior members of the legal profession. This is a unique opportunity that has been the highlight of the program. For further information on the GDLP visit: Adelaide Law School Annual Learning and Teaching Report 2013



Post Graduate Courses Post Graduate Courses Graduate Diploma in Legal Practice Graduate Diploma in Legal Practice Courses of the GDLP Civil Litigation Practice Commercial and Corporate Practice Criminal Law Practice Employment and Industrial Relations Practice Foundations of the GDLP Planning and Environmental law Practice Professional Obligations Property Law Practice Wills and Estates Practice Cheryl Chin - GDLP Student 2013

Adelaide Law School Annual Learning and Teaching Report 2013



A successful year - Continuing Professional Development Breakfast Series February CPD Event Contemporary Corporate Law Presenters: Steven Thomas and Associate Professor Christopher Symes There is a lot of corporate law in Australia, over 2300 provisions in the major Act alone, and volumes of case law that expand vastly each year. Decisions on directors’ duties, insolvent trading and company service are received each year and the changes they make to the law have potential to affect both the ‘small end of town’ as well as the ‘big end of town’. This seminar reviewed the 2012 case law to present a contemporary corporate law. Decisions covered included the James Hardie case ASIC v Hellicar and the Bell Resources appeal Westpac Banking Corporation v The Bell Group Ltd (in liq) [No 3]. It also addressed recent legislative changes including the Corporations Amendment (Phoenixing and Other Measures) Act 2012. This seminar will apprise those who advise proprietary and public companies. March CPD Event Social Media: Communication and consequences in a global networked environment Presenters: Peter Campbell and Melissa de Zwart Chair: Lisa Jarrett, Partner, Kelly & Co. Over 55% of the Australian population now uses Facebook for business, entertainment, personal communication and sharing with friends and family, with the total number of Facebook users globally exceeding one billion. This seminar provided valuable insights into recent issues arising from the use (and misuse) of social media platforms, such as Facebook, Twitter and Pinterest, and explored the legal context and implications of these scenarios from a practical legal approach. It also considered the regulatory context within which these private companies operate and the potential consequences for government and end users, including individuals and businesses. This seminar is an opportunity for all those who encounter social media as users, employers and practitioners to deepen their understanding of the legal and ethical complexities that exist in the online world.

May CPD Event uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu Unpaid Work Experience: A Legal Challenge Presenters: Professor Andrew Stewart and Professor Rosemary Owens A recent study commissioned by the Fair Work Ombudsman has highlighted a growing trend for job-seekers to perform unpaid work in order to gain experience and improve their employability. Such arrangements, often called internships, are becoming an accepted pathway into many professions – including the law. But are they lawful, especially under the federal Fair Work Act? The authors of the study, Professors Andrew Stewart and Rosemary Owens, are two of the country’s leading experts on labour law. They explained some of their key findings and reviewed the difficult legal issues that can arise in this context. They also discussed the particular challenges that the growth of unpaid work experience may pose for the legal profession. Adelaide Law School Annual Learning and Teaching Report 2013



A successful year - Continuing Professional Development Breakfast Series May CPD Event Rectification of Contracts Presenter Professor Michael Furmston. Chair: Professor Andrew Stewart Rectification is a court order correcting a mistake in a written contract or other legal document. The precise circumstances in which this important remedy will be granted have long been subject to debate. In this seminar Professor Michael Furmston, one of the world’s leading experts on contract and commercial law, will review some major and difficult English developments in this area. These arise from the remarks of Lord Hoffmann in Chartbrook v Persimmon Homes about whether the court should apply an objective or subjective test in deciding whether there was a mistake. This produced three different views in Daventry District Council v Daventry & District Housing, a challenging case which illustrates just how much can be at stake when something “goes wrong” in the drafting process. June CPD Event The Role of the Profession in the Absence of a Legislative Human Rights Instrument Presenter: Father Frank Brennan SJ AO, The National Human Rights Consultation was a broad ranging community consultation about the protection of human rights in Australia. Its major critics saw it as a stalking horse for a bill of rights. The committee engaged focus groups and random polling as well as over 60 community roundtables, a three day national symposium and received tens of thousands of submissions. The committee put forward a cascading set of recommendations in the light of the findings. Government declined to proceed with a Human Rights Act but enacted measures enhancing parliamentary scrutiny of legislation and Executive compliance with key international human rights instruments. In this presentation, Frank Brennan asked what are the ongoing shortcomings in Australia’s arrangements for protecting human rights and how might lawyers assist the community in making up the shortfall. July CPD Event Carbon pricing in Australia – recent developments yyyyyyyyyyyyyyyyyy Presenter: Katherine Lake, Senior Associate, Ashurst, Melbourne. Chair Dr Alex Wawryk The carbon tax is a key measure in the current Australian federal government’s approach to reducing emissions of greenhouse gas and thereby meeting its obligations under the United Nations Framework Convention on Climate Change and the accompanying Kyoto Protocol. In this seminar Jeff Lynn provided a brief overview of the legal and policy framework for the carbon tax, discussed practical issues and recent developments, and commented on future challenges to the carbon pricing regime.

Adelaide Law School Annual Learning and Teaching Report 2013



September CPD Event Acting for Government in Litigation Presenter: Dr Gabrielle Appleby and Dr Suzanne Le Mire Commentator: Adam Kimber SC This seminar explored the ethical responsibilities of government lawyers to the court. Dr Appleby provided an overview of the model litigant obligations in theory and practice and Dr Le Mire commented on the recent decision about the conduct of ASIC in the case of ASIC v Hellicar [2012] HCA 17. The Director of Public Prosecutions, Mr Kimber SC, provided a general commentary, with a particular focus on the responsibilities of the prosecutor. October CPD Event The New ICAC and its Implications for Lawyers Presenter: Hon Bruce Lander QC The appointment of South Australia’s new Independent Commissioner against Corruption was announced in February 2013, and he recently took up his position. The Commissioner, Bruce Lander QC, is charged with identifying, investigating and dealing with serious or systemic corruption in public administration. The role also incorporates preventing or minimising corruption, misconduct and maladministration in public administration through education and evaluation of practices, policies and procedures. This seminar provided an opportunity for lawyers to hear the Commissioner speak about the new ICAC and the role of lawyers. November CPD Event The Bell Settlement: Where Are We Now? Presenters: Jason Harris, University Technology Sydney and Ian Robertson SC, Commercial Chambers The settlement of the Bell Group case (Westpac Banking Corp v The Bell Group Ltd (in liq) (No 3) [2012] WASCA 157) leaves several important areas of corporate law and accessorial liability in a state of uncertainty. The Court of Appeal’s split decision in Bell gives rise to significant issues for company directors and executives, creditors and external advisors that are in need of clarification. This seminar discussed what the current state of the law on directors and officers duties in corporate groups is, and why the Bell decision leaves that position in an unsatisfactory state.

Adelaide Law School Annual Learning and Teaching Report 2013



A successful year - Continuing Professional Development Breakfast Series 2013 CPD Event for November – The Bell Settlement: Where Are We Now?

PhD student Jason Harris

Ian Robertson SC, Commercial Chambers

The November breakfast seminar on the Bell Group settlement, held at the Adelaide Hilton Hotel, was particularly well attended. The participants were treated to an incisive analysis of the first instance and appeal court decisions, presented by Jason Harris (PhD student at Adelaide Law School) and Ian Robertson QC, while also enjoying a delicious breakfast.

Adelaide Law School Annual Learning and Teaching Report 2013



Thank you to all of our sponsors Adelaide Law School wishes to thank its sponsors for their valuable support and ongoing financial assistance by providing prizes, scholarships and donations. These donations encourage and support our high achieving students who will become the next generation of young lawyers. AMPLA Ltd Hon David Bleby QC Clayton Utz Cowell Clarke Commercial Lawyers Edmund Barton Chambers EMA Legal Fisher Jeffries Barristers and Solicitors Fox Tucker Lawyers Arthur J. Gallagher Gilchrist Connell Hon Justice Thomas Gray Hanson Chambers Howard Zelling Chambers John Bray Law Chapter of the Alumni Association Inc Johnson Winter & Slattery Barristers and Solicitors

National Environmental Law Association (SA Division) NG Rochow SC Nicholls Gervasi Lawyers Norman Waterhouse Lawyers Hon Margaret Nyland AM Mrs Jenny Perry Hon Justice Melissa Perry Piper Alderman Lawyers SA Bar Association Sheahan Lock Partners Sparke Helmore Lawyers The Turnbull Family Thomson Reuters Women Lawyers’ Association of South Australia

Dr John Keeler Kelly & Co Lawyers Law Society of South Australia Hon Christopher Legoe QC LexisNexis Lipman Karas Lawyers Mrs Ruth Lucke Adelaide Law School Annual Learning and Teaching Report 2013



Contact Us Kerrin Maratos and Associate Professor David Brown Adelaide Law School The University of Adelaide ADELAIDE AUSTRALIA 5005 Phone: (08) 8313 5063 Fax: (08) 8313 4344 Email:

Adelaide Law School Annual Learning and Teaching Report 2013



Adelaide Law School Learning and Teaching Report 2013  

The Adelaide Law School was founded as a separate Faculty in 1883, almost two decades before federation. It is the second oldest Law School...

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