Adelaide Law School - Research , Learning and Teaching Report 2019

ADELAIDE LAW SCHOOL

RESEARCH, LEARNING AND TEACHING REPORT 2019

Contents Welcome from the Dean

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RESEARCH Research Overview Research Units SA Law Reform Research Grants

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LEARNING AND TEACHING Teaching Overview Teaching Highlights Teaching Presentations Teaching Awards and Grants Lex Salus Next Steps seminar events International Students Law Study Tours Clinical Legal Education Comparative Law Symposium Associate Teacher Programme Internships Programmes Mooting Postgraduate Teaching Postgraduate Teaching Highlights Postgraduate Research PhD completions Scholarships Annual Prize Ceremony - 2019 Winners Outreach Adelaide Law Review celebration John Bray Law Alumni event Sir Samuel Way Display

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SPONSORS

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CONTACT INFORMATION

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Welcome from the Dean The Adelaide Law School is very proud of its achievements and outcomes. I take great pleasure in introducing the 2019 Adelaide Law School Research, Learning and Teaching Report. This report details the many and diverse staff and student activities and achievements for the 2019 academic year.

Our Mission Statement captures our core values: The Adelaide Law School’s activities continue its century-long record of excellence in globally-focused research and teaching.

We are committed to the rule of Law and the promotion of the highest standards of ethical conduct, professional responsibility, and Professor Melissa de Zwart community service. With the aim of contributing to the social good, we examine and critique the law from diverse perspectives, discovering new knowledge and advocating for change. Student wellbeing is a priority to which we devote energy and innovation.

These values are reflected in our teaching, research and outreach activities.

Research outputs have reached domestic and international audiences and impacted on many areas of legal reform. This enthusiasm for high quality and impactful engagement with research extends across the undergraduate program, to postgraduate, HDR and staff researchers.

In the teaching domain, in addition to a solid engagement with the core elements of an excellent legal education, we want students’ world views to be challenged and extended. In particular, students have enjoyed a vast range of experiences, from guest lecturers, distinguished speakers, through study tours, internships and exchanges. Students should also understand the professional and ethical obligations of the legal profession and there have been many clinical and outreach activities that provide for community engagement.

The Adelaide Law School has a vital network of relationships with the broader University community, practitioners, judges and alumni, and friends and collaborators worldwide. I would like to thank the supporters of the Adelaide Law School for this engagement and contribution to our research and teaching success. I would also like to thank and commend our wonderful staff and students for their energy, enthusiasm and excellence.

I would like to thank and commend the Adelaide Law School academic and professional staff and to celebrate the wonderful achievements and experiences of our students!

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Research at Adelaide Law School

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Research Overview The Adelaide Law School is a relatively small Law School which consistently performs at above world standard. We are a community of enthusiastic, high performing and collegial scholars.

In 2019 we reintroduced staff research seminars to provide an opportunity to showcase our work and share our successes. These monthly research seminars were well received with a breadth of attendees which reflected the rich diversity of our research along with its community as well as scholarly appeal.

Associate Professor Bernadette Richards Associate Dean Research

As Associate Dean Research I am proud to support the ongoing evolution of our research community that builds on our long and well-recognised tradition of nationally and internationally significant research. Whilst we are a relatively small Law School we present research on a significant range of topics which include: space law, legal theory, environmental law, feminist legal theory, health law and public law. A particular strength of our community is the interdisciplinary approach to research adopted by many of our scholars which has resulted in significant interdisciplinary collaborations and projects with local, national and international colleagues. These are set out in more detail in the individual research centre reports and represent the outward and forward thinking approach of Adelaide Law School.

In 2019 we continued with the tradition of our annual Research Day and took the opportunity to pause and collectively reflect on our approach to research. This day is now a well established and much anticipated event on our calendar as it provides us with the opportunity to reinforce our community of scholars.

2019 also saw the continuation of the Research Assistant programme, this is a highly contested appointment of 2 high performing final year students to support our research programme.

Our two students this year were Olga Pandos and Matthew Fuentes-Jiminez and they assisted staff across a wide variety of projects. The Research Assistant programme is an important initiative as it provides an opportunity for staff mentoring of students, provides practical assistance with the completion of major research tasks and highlights the importance of research at the Law School.

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Research Overview Early in 2019 we were delighted with the outcome of the ARC ERA process, which, along with the additional requirement of Impact and Engagement Studies we completed in 2018. We have enjoyed a long research tradition of national and international significance, recognised by ERA 4 in 2010, 2012, 2015 and once again, to our delight, in 2019 we attained this ‘above world standard’ categorisation.

In addition to this our Research and Engagement Studies were both rated at High (only 5 other Law Schools in Australia rated high across both impact and engagement).

Our research output continues to increase every year and the ERA outcomes attest to the quality of that output. All members of Adelaide Law School work consistently to create high quality output and to establish (and maintain) a supportive and collegiate environment. Our research activity is set out in more detail in the following series of summary reports from our Research Units and groups.

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Research Units Public Law & Policy Research Unit (PLPRU) The Public Law & Policy Research Unit contributes an independent scholarly voice on issues of public law and policy vital to Australia's future. It provides expert analysis on government law and policy initiatives and judicial decisions and contributes to public debate through formulating its own law reform proposals.

Litigation Law Unit (LLU) LLU fosters scholarship that enhances the administration of justice in established and emerging common and civil law systems of litigation.

Research Unit on Military Law and Ethics (RUMLAE) The Research Unit on Military Law and Ethics (RUMLAE) at the Adelaide Law School has been established to examine legal and policy issues relevant to military and security matters with a particular focus on ethical aspects relevant to the use of force.

Environmental and Natural Resources Law Research Unit (ENREL) The Environmental and Natural Resources Law Research Unit brings together a diverse range of scholars working on issues of law and policy.

Research Unit for the Study of Society, Ethics & the Law (RUSSEL) The Research Unit for the Study of Society, Ethics & the Law (RUSSEL) represents a diverse group of researchers all interested in the intersection of ethics, law and society.

Regulation of Corporations, Insolvency and Taxation (ROCIT) Brings together a range of scholars working in areas critical to the promotion of a fair and prosperous society.

Work and Employment Regulation Research Unit (WER) Our teaching, scholarship and professional activities are concerned with the many different ways in which arrangements for the performance of work (whether paid or unpaid) are constructed and controlled, both locally and globally.

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Research Unit for the Study of Society, Ethics and the Law (RUSSEL) Welcome to the 2019 annual report of the Research Unit for the Study of Society, Ethics and the Law (RUSSEL, previously the Research Unit for the Study of Society, Law and Religion (RUSSLR)).

Full lists of our publications can be found on individual Researcher Profiles on the Law School website, a brief selection from 2019 is listed below.

Key Projects: In 2019 RUSSEL joined with RUMLAE to present a short seminar series addressing the intersection between Law and Ethics (Ethics and the Law: Convergence and Divergence. This two seminar series took place in Adelaide and at the University of Bristol in the UK. Attracting esteemed local and international scholars the seminars represented a consideration of the important question of how, and when, ethics and the law intersect in two different frontiers: Military and Medical. A proposal for an edited collection is underway.

Public Engagement The Director of RUSSEL, Associate Professor Bernadette Richards continues to make significant contribution in her appointment to 2 principal committees of the NHMRC (Embryo Licensing Committee and the Australian Health Ethics Committee). She was also honoured to be appointed as the Chair of the Mitochondrial Donation Expert Working Committee which was tasked with undertaking public consultation alongside completing an expert statement to be collated for consideration for the Commonwealth Minister for Health.

Associate Professor Richards also continued in her role as a member of the South Australian Prescribed Treatment Panel, supporting the Chief Psychiatrist in his review of the provision of ECT in the State.

Grants: New: Cornelia Koch, Design of blended learning tools and assessment to enable flipped classroom pedagogy in Comparative Constitutional Law, Faculty of the Professions Learning Development Grant 2019, $5,074.80 Cornelia Koch, Learning and Teaching Advancement Grant 2019, Various Activities to support development and innovation in learning and teaching, The University of Adelaide, $5000 Associate Prof Richards, Chief Investigator, NHMRC Ideas Grant, 'The algorithm will see you now: ethical, legal and social implications of adopting machine learning

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Research Unit for the Study of Society, Ethics and the Law (RUSSEL) Associate Professor Richards, Chief Investigator, Australian Research Council Discovery Grant, 'Support or Sales? Medical Device Representatives in Australian Hospitals' DP200100883, 2020 -

Continuing: Associate Professor Richards, Chief Investigator, NHMRC Partnership Grant: Investigating the inclusion of vulnerable populations in Advance Care Planning: Developing complex and sensitive public policy, APP1133407 Partnership Project. 2017 -

Visiting Scholars: Associate Professor Richards appointed as Adjunct of the Australian Centre for Health Law, QUT. Associate Professor Richards visiting scholar Bristol Centre for Health Law and Medicine.

Select Publications: Books Paul Babie and Jessica Viven-Wilksch (eds and trans), A Translation of Léon Duguit, Les transformations générales du droit privée depuis le code Napoléon, 2ème éd: the Social Obligation Norm of Property and its Contemporary Relevance (Springer, 2019) Kirchhoffer, D. G., & Richards, B. J. (Eds.) (2019). Beyond Autonomy Limits and Alternatives to Informed Consent in Research Ethics and Law. United Kingdom: Cambridge University Press.(2019) Chapters in Books Paul Babie, ‘Torrens System - Indefeasibility and Priorities’, Sub-Title 28.3, The Laws of Australia (ThomsonReuters Australia, 2019) in press.

Paul Babie and Jessica Viven-Wilksch, ‘The Social Function of Property in Comparative Property Theory: The Seminal Work of Léon Duguit’ in Paul Babie and Jessica Viven-Wilksch (eds and trans), A Translation of Léon Duguit, Les transformations générales du droit privée depuis le code Napoléon, 2ème éd: the Social Obligation Norm of Property and its Contemporary Relevance (Springer, 2019) Richards, B. (2019). Autonomy and the Law: Widely Used, Poorly Defined. In D. G. Kirchhoffer, & B. J. Richards (Eds.), Beyond Autonomy Limits and Alternatives to Informed Consent in Research Ethics and Law (pp. 17-32). Cambridge, United Kingdom: Cambridge University Press.

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Research Unit for the Study of Society, Ethics and the Law (RUSSEL) Articles Paul Babie, ‘Property in Indian Water: A Future Transformed by Climate’ (2020) 15 Amity Law Review in press Paul Babie, Paul Leadbeter, and Kyriaco Nikias, ‘How Federalism Fails Water: A Comparative Constitutional Assessment of Water Allocation in California and South Australia’ (2020) 34 University of Oregon Journal of Environmental Law and Litigation in press Paul Babie, Peter Burdon, Francesca da Rimini, Cherie Metcalf, and Geir Stenseth, ‘The Idea of Property: A Comparative Assessment of Recent Empirical Research Methods’ (2019) 26 Indiana Journal of Global Legal Studies 401-436 Laura Grenfell, Cornelia Koch, 'Internship Courses for All? Supporting Students Undertaking Unpaid, University-Run Legal Internships' (2019) 44(3) Alternative Law Journal 226 (with Laura Grenfell), available at https:// doi.org/10.1177/1037969X19845688 Richards, B., & Wisdom, T. (2019). Re Carla: An Error in Judgment. QUT Law Review, 18(2).

Jessica Viven-Wilksch, ‘Good Faith in Contracts: Australia at the Crossroads’, (2019) 1 Journal of Commonwealth Law 273

Editorial Boards Australian Property Law Journal (LexisNexis) (2019-present) — Assistant Editor (by invitation)(P. Babie) Journal of Bioethical Inquiry (Springer)(2015-present) – Legal Editor

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Public Law and Policy Research Unit (PLPRU)

Welcome to the Public Law and Policy Research Unit Report covering activities in 2019.

The Public Law and Policy Research Unit (PLPRU) has provided a supportive environment for research collaborations, submissions to government, and sharing ideas about public law since its informal beginnings in 2012 (PLPRU was formally recognised as a research unit in 2014).

Professor Alex Reilly, the inaugural director of PLPRU, departed this role in late 2019, although he will continue to be involved in PLPRU’s activities. Alex has been a wonderful leader of PLPRU, providing a strong foundation for PLPRU’s future. Dr Anna Olijnyk was Co-Director throughout 2019 and will be sole Director from 2020 onwards. Laura Grenfell and Lorne Neudorf will be Deputy Directors.

PUBLIC LAW AND POLICY RESEARCH UNIT ACTIVITIES: Events Hosted Workshop on the Australian Constitution and National Identity, 14 November 2019.

This workshop brought together invited scholars of law, history and politics from around Australia. The workshop’s papers will form the basis of a collection edited by Anna Olijnyk and Alex Reilly.

Public Law in the Classroom Workshop, 14 February 2019, University of New South Wales. Co-hosted by the Gilbert + Tobin Centre of Public Law, this workshop has become a highlight of the year for Australian public law teachers.

Book launch: A Stolen Life: The Bruce Trevorrow Case by Toni Buti, 12 August.

PLPRU continued to host its popular case discussions of recent High Court cases.

This year, the events expanded to include members of the Australian Association of Constitutional Law, strengthening PLPRU’s connections with the legal profession.

The following cases were discussed: Unions NSW (No 2): 15 March 2019 Clubb v Edwards: 29 April 2019 Spence v Queensland: 12 June 2019 Comcare v Banerji: 28 August 2019

Submissions to Parliamentary and Government inquiries Submission to the Senate Standing Committee on Regulations and Ordinances Inquiry on Strengthening the Parliamentary Scrutiny of Delegated Legislation. The submission was cited multiple times by the Committee in its final report.

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Public Law and Policy Research Unit (PLPRU)

Submission to the Legal and Constitutional Affairs Legislation Committee Inquiry into the Migration Amendment (Strengthening the Character Test) Bill 2019. The submission was cited by the Committee in its final report.

Submission to the Legal and Constitutional Affairs References Committee Inquiry into Nationhood, National Identity and Democracy Submission to Commonwealth Department of Energy and Environment under the Environment Protection and Biodiversity Conversation Act 1999 (Cth) (Cosubmission with the Environment and Natural Resources Law Research Unit) Submission to the Joint Standing Committee on Migration Inquiry into Regional Migration (Alex Reilly with Mary Ann Kenny and Carolin Fleahy) Submission to the Royal Commission into Aged Care Quality and Safety (Laura Grenfell)

Grants Faculty of Professions, Aim for the Stars Grant: $4000 Faculty of Professions, Aim for the Stars Indigenous Grant: $1830 (Stubbs, Reilly and Grenfell) Faculty of Professions, ARC Grant Support Funding $1500 (Lorne Neudorf) Faculty of Professions, Professional Development Grant $2500 (Lorne Neudorf) Adelaide Law School, ARC Support Grant $7000 (Anna Olijnyk) and $5000 (Lorne Neudorf).

Visiting Scholar activities by PLPRU members Lorne Neudorf: Visiting Scholar at the Australian National University, College of Law in connection with research on the federal parliamentary scrutiny of delegated legislation Visiting Scholar at Victoria University of Wellington, Faculty of Law in connection with research on the New Zealand parliamentary scrutiny of delegated legislation Visiting Professor at the University of Manitoba, Faculty of Law in connection with research on the Canadian parliamentary scrutiny of delegated legislation

Publications: Judith Bannister, ‘Failure to Disclose: What are the Consequences When Open Government Founders’ in Greg Weeks and Matthew Groves (eds), Administrative Redress In and Out of the Courts: Essays in Honour of Robin Creyke and John McMillan (Federation Press, 2019) 12 Adelaide Law School - Research, Learning and Teaching Report 2019

Public Law and Policy Research Unit (PLPRU)

Judith Bannister, ‘Military Administrative Law System’ in Robin Creyke et al (eds), Military Law in Australia (Federation Press, 2019) Judith Bannister, ‘South Australian Administrative Law: 40 Years On’ (2019) 40(1) Adelaide Law Review 311 Peter D Burdon, ‘On the Limits of Political Emancipation and Legal Rights’ (2019) International Journal for the Semiotics of Law 1 Jeffrey Goldsworthy, ‘Against a Constitutional Bill of Rights in Australia’, in M Groves et al(eds), The Legal Protection of Rights in Australia (Hart Publishing, 2019) 393 Jeffrey Goldsworthy, ‘Responses’, in L Burton Crawford et al (eds), Law Under a Democratic Constitution; Essays in Honour of Jeffrey Goldsworthy (Hart Publishing, 2019) 269 Jeffrey Goldsworthy, ‘Subjective versus Objective Intentionalism in Legal Interpretation’ in H M Hurd, ed, Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander (Cambridge University Press, 2019) 170 Jeffrey Goldsworthy, ‘The Real Standard Picture, and how Facts Make it Law; a Response to Mark Greenberg’ (2019) 64 The American Journal of Jurisprudence 163-211 Laura Grenfell, ‘Youth Treatments Orders Bill Highlights Ad Hoc Approach to Rights Scrutiny of Bills’ (2019) 41(4) Law Society Bulletin 36 Laura Grenfell, ‘Aged Care, Detention and OPCAT’ (2019) 25(2) Australian Journal of Human Rights 248 Joanna Howe and Alex Reilly (with Diane van den Broek and Chris F Wright), ‘Promarket Governance, Migration Status and Worker Vulnerability: The Case of Australian Horticulture’ (2019) Economic and Industrial Democracy 1 Joanna Howe and Alex Reilly (with CF Wright, D van den Broek and S Clibborn), ‘A Critical Examination of the Relationship between Labour Hire Intermediaries and Growers in the Australian Horticulture Industry’ (2019) 32 Australian Journal of Labour Law 83 Suzanne Le Mire and Gabrielle Appleby, ‘Ethical Infrastructure for a Modern Judiciary’ (2019) 47(2) Federal Law Review 335 Suzanne Le Mire et al, ‘Contemporary Challenges Facing the Australian Judiciary: An Empirical Interruption’ (2019) 42(2) Melbourne University Law Review 299-369.

Suzanne Le Mire, ‘Australia’s Legislatures and Its Courts: The Gender Identity Interpretive Challenge’ in Lorne Neudorf and Micah Rankin (eds) Legislating Statutory Interpretation: Perspectives from the Common Law World (Thomson Reuters, 2019)

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Public Law and Policy Research Unit (PLPRU) Lorne Neudorf (ed, with P Babie, V Arora and A Tomer), Comparative Reflections on the Constitutional Models of India and Australia (Bloomsbury, 2019) (Lorne Neudorf is author of two chapters in this volume as well as an editor) Lorne Neudorf (ed, with C Hunt and R Diab), Reflections on Animal Law special volume of the Canadian Journal of Comparative and Contemporary Law Lorne Neudorf, ‘Strengthening the Parliamentary Scrutiny of Delegated Legislation: Lessons from Australia’ (2019) 42(4) Canadian Parliamentary Review Lorne Neudorf, ‘Reassessing the Constitutional Foundation of Delegated Legislation in Canada’ (2019) 41(2) Dalhousie Law Journal 519 Anna Olijnyk, Justice and Efficiency in Mega-Litigation (Hart Publishing, 2019) Anna Olijnyk and Stephen McDonald, ‘The High Court’s Decision in Burns v Corbett: Consequences, and Ways Forward, for State Tribunals’ (2019) 95 AIAL Forum 10 Alex Reilly and Laura Grenfell, Australian Public Law (Oxford University Press, 3rd ed, 2019) Alex Reilly, ‘How the Next Australian Government can Balance Security and Compassion for Asylum Seekers’ in A Dunn and J Watson (Eds), Advancing Australia (Melbourne University Press, 2019) 78 Alex Reilly, ‘The Six Inch Fence’ (2019) Critical Studies on Security Alex Reilly et al, ‘Cultural Accommodation and the Policing of Aboriginal Communities: A Case Study of the Anangu Pitjantjatjara Yankunytjatjara Lands’ (2019) Australian and New Zealand Journal of Criminology Matthew Stubbs, ‘Protecting Judicial Independence and the Rule of Law: Dixon’s Chapter III Legacy’ in John Eldridge and Timothy Pilkington, Sir Owen Dixon’s Legacy (Federation Press, 2019) 80 Matthew Stubbs and Adam Webster, ‘Disclosure, Not Disqualification: A Democratic Proposal to Promote the Fidelity of Elected Representatives to the People’ (2019) 30(3) Public Law Review 190-210

Selected Conference Presentations and External Seminars by Members: Laura Grenfell, “OPCAT and Aged Care” (Invited Speaker), Summit on People living with Dementia, Aged Care and Human Rights, UTS Jeffrey Goldsworthy, ‘Legislative Intentions in Antonin Scalia’s and Bryan Garner’s Textualism’ (invited paper), “Original Constitutionalist: Reconstructing Richard Kay’s Scholarship; An International Conference in Honor of Professor Richard Kay”, University of Connecticut School of Law, Hartford

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Public Law and Policy Research Unit (PLPRU)

Jeffrey Goldsworthy, ‘Engineers and Interpretive Methodology” (invited paper), “Constitutional Law Conference 2019’, Centre for Comparative Constitutional Studies, Melbourne Law School Geoff Lindell and Stephen McDonald contributed papers to the Symposium to honour the late Emeritus Professor Leslie Zines: Key Issues in Australian Federal Constitutional Law, Australian National University, Canberra Lorne Neudorf, ‘Strengthening Transparency and Accountability: Lessons from the Parliamentary Scrutiny of Delegated Legislation in Canada and the UK’ research seminar given at the Australian National University, Canberra Lorne Neudorf, ‘Legislating with Integrity? Comparative Reflections on the Parliamentary Scrutiny of Delegated Legislation’ research seminar given at the University of Manitoba, Faculty of Law Lorne Neudorf, ‘Delegated Lawmaking in Australia, Canada and the United Kingdom’ research seminar given at Victoria University of Wellington, Faculty of Law Anna Olijnyk, ‘The High Court’s Decision in Burns v Corbett’, Australian Institute of Administrative Law Seminar, Canberra Alex Reilly, ‘Refugee Protection in the 21st Century’ Raising the Bar Research Presentation, Adelaide Alex Reilly, ‘The Exploitation of Migrant Workers: Regulatory Gaps’, Symposium on Human Trafficking and Modern Slavery in South Australia Forum, Flinders University, Adelaide Alex Reilly, ‘In Conversation’ event (for The Conversation), Adelaide Selected Media Engagements by Members: Alex Reilly, ABC Radio National ‘PM’ program (on children in detention) Alex Reilly, The Wire radio program, Sydney (on Australian migration policy) Alex Reilly, Radio Adelaide (on the Medevac Law) Alex Reilly, ABC News Tonight (on the law on wage theft)

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Litigation Law Unit (LLU) Report Research Units Welcome to the Litigation Law Unit (LLU) Research Report covering activities in 2019.

Publication of articles in the International Journal of Evidence and Proof; the Peking University Law Journal; Frontiers in Psychology and Forensic Science International: Genetics.

Hosting two renowned scholars in Adelaide, Professor Edward J. Imwinkelried (UC Davis) and Professor Alex Biedermann (University of Lausanne). Both Ed and Alex gave presentations to industry (law and science audience) on behalf of the LLU during their visits, contributed to ongoing grants held by the LLU and engaged in workshops with LLB students.

Concluding the agreement of an MOU between the University of Adelaide and the University of Lausanne for the establishment of a new joint research unit: the Interdisciplinary Proof and Decision Science unit.

Presentation of the following conference papers: ‘Excuse me, a word if you please: a Trustee’s Guide to Section 81 of the Australian Bankruptcy Act’, Insolvency Forum, University of Adelaide, Australia, June 2018 ‘The Pursuit of Evidence by Private Actors and Reasonable Expectations’, 3rd International Symposium on Sino Swiss Evidence Science, Hangzhou, China, June 2018 ‘Expert Evidence at Common Law’, 3rd International Symposium on Sino Swiss Evidence Science, Pre-Conference, Hangzhou, China, June 2018

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The Research Unit on Military Law and Ethics (RUMLAE) Research Unit on Military Law and Ethics (RUMLAE) at the Adelaide Law School has been established to examine legal and policy issues relevant to military and security matters with a particular focus on ethical aspects relevant to the use of force.

Overview of Activities: Papers presented at the Prof Ivan Shearer Memorial Workshop – UniSA (Dec 2019, Adelaide) (Prof Dale Stephens, Associate Professor Matthew Stubbs, Dr Stacey Henderson) Panel representation at the ‘Journalists and the Law of Armed Conflict’ Seminar – Australian Red Cross (Dec 2019, Adelaide) (Prof Dale Stephens, Dr Stacey Henderson) Moon Agreement Workshop (Nov 2019, Sydney) (Dr Stacey Henderson, Mr Duncan Blake, Mr Joel Lisk) Woomera Manual Workshop/Editorial meetings in Japan, The Netherlands, USA (February, August and Nov 2019) (Prof Dale Stephens, Prof Melissa de Zwart, Assoc Prof Matthew Stubbs, Dr Stacey Henderson, Mr Duncan Blake) National Security Law and Technology, LLM Course, (Nov 2019, Adelaide) (Prof Melissa de Zwart, Mr Renn Gade, Prof Harvey Rishikof) Launch of the ‘Law of Naval Warfare’ Book (Edited by Prof Dale Stephens and Assoc. Prof Matthew Stubbs) by the Chief of Navy, Vice Admiral Michael Noonan AO, RAN (Nov 2019, Canberra) (Prof Dale Stephens, Assoc Prof Matthew Stubbs) Paper presented at Global Alliance Conference on Post-Traumatic Stress (Nov 2019) (Ms Kellie Toole, Dr Elaine Waddell).

Papers presented on Space Law, International Astronautical Congress (Oct 2019, Washington DC) (Dr Stacey Henderson, Mr Joel Lisk) Paper presented on Military Space Operations at American Branch ILA Conference (‘The Resilience of International Law’) (Oct 2019, NYC, USA) (Prof Dale Stephens) Public lecture on Military Service and Criminal Offending (Oct 2019, Adelaide) (Ms Kellie Toole & Dr Elaine Waddell) Space Security Index Publication 2019 (Oct 2019) (Prof Melissa de Zwart, Prof Dale Stephens and six Adelaide Uni UG students)

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The Research Unit on Military Law and Ethics (RUMLAE) Ethics & the Law: Convergence & Divergence joint workshop with RUSSEL (October 2019, Adelaide) (Prof Dale Stephens, Prof Melissa de Zwart, Assoc Prof Matthew Stubbs, Dr Stacey Henderson, Mr Duncan Blake) Women in Space events (Sept 2019, Adelaide) (Prof Melissa de Zwart, Dr Stacey Henderson): Hamilton Space School mentoring event, Women in Space Industry Networking Event, Women in Space Symposium ANGELS Website Launch (Sept 2019, Adelaide) (Prof Melissa de Zwart, Mr Duncan Blake) Australian Red Cross 70th Anniversary of the Geneva Conventions Presentation/ Panel (Aug 2019, Adelaide) (Prof Dale Stephens, Prof Melissa de Zwart) ICRC and Adelaide Law School Clinic on IHL Program (Aug 2019, Adelaide) (Dr Stacey Henderson) ANZSIL Annual Conference Space Law Panel (July 2019, Canberra) (Prof Melissa de Zwart, Dr Stacey Henderson, Mr Joel Lisk, Mr Duncan Blake) ANZSIL International Peace and Security Group Workshop (June 2019, Adelaide) (Dr Stacey Henderson, Assoc Prof Matthew Stubbs) Strategic Space Law Masters Course (June 2019, Adelaide) (Prof Dale Stephens, Prof Melissa de Zwart, Prof Jack Beard (University of Nebraska), Dr Matthew Stubbs, Dr Stacey Henderson, Mr Duncan Blake) Papers presented at ‘Law and Governance’ Workshop, Smart Sat CRC (May 2019, Adelaide) (Prof Melissa de Zwart, Prof Dale Stephens, Assoc. Prof Matthew Stubbs and Dr Stacey Henderson) Space Security Index Working Group Meeting and Presentation (May 2019, Montreal, Canada) (Dr Stacey Henderson) Interplanetary Initiative Workshop – Arizona State University (April 2019, USA) (Prof Melissa de Zwart, Prof Dale Stephens) Paper presented ‘Legal Grey Zones: Outer Space: Legal Resilience in an Era of Hybrid Threats’ (April 2019, Exeter University, UK) (Prof Melissa de Zwart) Key Projects: Woomera Manual Operations, Space Security Index, Criminal Justice System, Space Information Warfare and the Law ANGELS Project.

on The International Law of Military Space Manfred Lachs Space Law Moot, The ADF and Law and the Domestic Regulatory System, of Armed Conflict, the Law of Naval Warfare,

Grants: Law Society of SA ($100,000) – Space Law Domestic Regulation (ANGELS project).

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The Research Unit on Military Law and Ethics (RUMLAE) Keynote Presentations: Prof Melissa de Zwart: ASPI Space Policy Masterclass (Dec 2019, Canberra) Prof Dale Stephens: ‘Leadership: Challenges and Resilience’ Australian Tax Office Leadership Seminar (Nov 2019, Adelaide) Professor Melissa de Zwart: ‘Forming and Storming International Law: The Boundaries of International Law in New and Emerging Areas’, Ninth International Law Colloquium, Attorney-General’s Department (Nov 2019, Canberra) Prof Melissa de Zwart ‘From Star Wars to Space Command: Peace and Conflict in the Final Frontier’ Red Cross Oration (Oct 2019, Tasmania) Prof Dale Stephens: ‘Space Law and Military Operations’ – UK RAF Legal Conference, RAF Halton (Sept 2019, Buckinghamshire UK) Assoc. Prof Matthew Stubbs ‘The Constitution in Space’, National Archives (Aug 2019, Canberra) Assoc Prof Matthew Stubbs 'Laws for the Final Frontier' (Aug 2019, ‘Raising the Bar’, Adelaide) Prof Dale Stephens, ‘Space Law on the Couch’ SA Attorney General Dept workshop, (July 2019, Adelaide) Assoc Prof Matthew Stubbs 'Rethinking 'Responsibility' for Non-State Actors in Outer Space' (June 2019, Adelaide Law School Research Seminar) Brigadier General Susan Escallier (US Army) ‘Future Wars: Legally Acceptable Development and Implementation of AI and Emerging Technologies’ (May 2019, Adelaide) Dr Colette Langos ‘Australian Defence Procurement Law’, George Washington University (Feb 2019, Washington DC, USA) Assoc. Prof Matthew Stubbs, ‘Space Law and Human Rights’ Stanford University (Jan 2019, USA) Prof Melissa de Zwart ‘What Upgrades to Existing Legal Understandings or New Agreements Might Make These Actions Less Likely’ ABA/ NPEC Law and Policy Workshop: Defending America’s Place in Space: Future Threats and Rules (Jan 2019, Washington DC, USA)

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Environment and Natural Resources Law Research Unit The Environmental and Natural Resources Law Research Unit brings together a diverse range of scholars working on issues of law and policy relating to the environment, land use planning, heritage protection, human rights, sustainability, climate change, and energy and natural resources. ENREL provides independent perspectives on law and policy issues relating to the environment, land use planning, heritage protection, human rights, sustainability, climate change, and energy and natural resources. The Research Unit is committed to active community engagement and hosts public seminars, workshops and conferences related to our areas of expertise. We draw on the rich background of our experts to develop innovative scholarship, analyse and critique existing and prospective law and policy, and contribute to debate by formulating and promoting law reform initiatives.

The research of our scholars is of state, national and international importance, as demonstrated by our collaboration with scholars, presentations and publications.

Key Projects: Peter Burdon was lead editor (with Klaus Bosselmann, University of Auckland, and Kirsten Engel, University of Arizona) and contributor to a Festschrift for Ron Engel, one of the drafters of the Earth Charter. The book is The Crisis in Global Ethics and the Future of Global Governance Fulfilling the Promise of the Earth Charter (Edward Elgar, 2019).

Michelle Lim, contributing author to the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) (2019) ‘Global Assessment’, https://www.ipbes.net/deliverables/2c-global-assessment.

Nengye Liu is a Chief Investigator for the project "Geopolitical Change and the Antarctic Treaty System", with Prof Marcus Haward (University of Tasmania), A/Prof Jeffery McGee (University of Tasmania), Prof Timothy Stephens (University of Sydney), Prof Shirley Scott (UNSW Canberra) and Dr Anthony Press (University of Tasmania), for the years 2019 – 2021, funded by an Australian Research Council Discovery Grant ($466,000).

Nengye Liu is Chief Investigator for the project "The Rise of China and the Future of Antarctic Governance", 2019, funded by the Strategic Policy Grants Program, Australian Department of Defence ($28,541.80).

Alex Wawryk published an article with Professor Tina Hunter (University of Aberdeen) on the proposed exploration for oil in the Great Australian Bight off the coast of SA, “Risk and Regulation of Oil Drilling in the Great Australian Bight” (2019) 34(6) Australian Environment Review 110.

Submissions: “Planning for the future of SA’s Pastoral Rangelands”, to the SA Government Review of the Pastoral Lands Management Act 1989 (SA), written by Margaret Castles, Paul Leadbeter, and Michelle Lim, together with a number of other University of Adelaide academics, the Iga Warta Homelands Aboriginal Corporation and student researchers.

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Environment and Natural Resources Law Research Unit ENREL submitted comments on two referrals to the Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), written by Alex Wawryk and Peter Burdon: on June 2019, regarding the Proposed Tailings Storage Facility No.6 (TSF 6) by BHP Billiton for the Olympic Dam Mine, and on December 2019, regarding the proposed Olympic Dam mine expansion.

Grants: Michelle Lim, Barbara Kidman Fellowship, ‘Nature’s Contribution to People and South Australian Biodiversity Law and Policy’ ($29,916).

Nengye Liu & Michelle Lim, National Science Week SA Community Grant (organize a Workshop “Saving Biodiversity through Transformative Changes” during National Science Week) ($2,000).

Visiting Scholars: Dr Yingqin Zheng, Research Fellow, Shanghai Institute of International Studies, China, 6 – 15 December 2019.

Prof Tianbao QIN, Director, Research Institute of Environmental Law/Vice Dean, School of Law, Wuhan University, China, 29 April – 3 May 2019.

Presentations: Peter Burdon, "A Critique of Environmental Rights", invited presentation, Melbourne Universities Legal Theory Workshop, 2019.

Paul Leadbeter, invited presentations at Public Forums at Norwood Town Hall, Prospect and Box Factory Community Centre, in July, August, September and October 2019, on the impacts of new planning laws on heritage places in South Australia, at the request of the National Trust of SA, the Protect Our Heritage Alliance, and the Shadow Minister for Planning, The Honourable Tony Piccolo MP. Michelle Lim, ‘Unprecedented Global Biodiversity Decline – What Does This Mean for the Economy, Agriculture and Human Well-being?’ (Invited seminar jointly organised by the South Australian Branch of the Australasian Agricultural and Resource Economics Society (AARES) and the University of Adelaide’s Centre for Global Food and Resources, University of Adelaide, 8 July 2019).

Nengye Liu, invited presentation, “The Future of the Polar Regions in the Shadow of US-China Competition”, Long US-China Institute/Centre for Globalization, Law and Society, University of California Irvine, United States, 4 November 2019.

Alex Wawryk, “The Rule of Law and Market-based Schemes to Encourage Renewable Energy and Energy Efficiency: The Australian Experience”, presented to the 16th Asian Law Institute Conference, Singapore, 12 June 2019.

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Environment and Natural Resources Law Research Unit Legal advice and assistance: Peter Burdon ran seven workshops on protest law and environmental activism for NGOs, including Conservation Sa, and Extinction Rebellion. Paul Leadbeter gave legal advice and assistance to Iga Warta Homelands Aboriginal Corporation, on changing the terms of the Mt Serle Pastoral lease to enable the growing of indigenous vegetation for the purposes of creating sustainable environmental benefit credits.

Community Boards: ENREL scholars contribute to the community through their membership of the Boards of NGOs. These include: Paul Leadbeter, Council Member of the National Trust of Australia; Michelle Lim, Board of the National Environmental Law Association; and Alex Wawryk, Chairperson of Board of Management, Environmental Defenders Office (SA).

Editorial Boards: ENREL scholars contribute to research through their membership of Editorial Boards, for example, Paul Babie, Assistant Editor of the Australian Property Law Journal (LexisNexis), Michelle Lim is on the Editorial Board of the Australian Environment Review and is Book Review Editor of the Oxford Yearbook of International Environmental Law; Alex Wawryk is Editor of the Australian Resources and Energy Law Journal, and Associate Editor of Oil, Gas and Energy Law (online).

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Work and Employment Regulation Research Unit Research Unit (ENREL) The Work and Employment Regulation Research Group at the Adelaide Law School is concerned with the legal rules and other forms of regulation that govern eligibility to perform work, the conduct of individual and collective work relations, and the operation of the labour market.

During 2019, the group did not organise any formal activities. But members of the group were involved in various research projects. Among other things, Rosemary Owens, Andrew Stewart, Anne Hewitt and Joanna Howe continued their worldleading research on the regulation of internships by convening an interdisciplinary symposium in July 2019 which the International Labour Organization (ILO) hosted in Geneva and which brought together established and emerging scholars from around the globe. They also organised a workshop in November, held in Adelaide, to disseminate and discuss preliminary results from their ARC-funded research (DP on the regulation of work experience by Australian universities. More than 20 institutions sent representatives.

Other highlights for the year included: 

The publication of Towards a Durable Future: Tackling Labour Challenges in the Australian Horticulture Industry, a major report commissioned by (among others) VegetablesWA and co-authored by Joanna Howe and Alex Reilly;



Andrew Stewart’s involvement in the design, conduct and analysis of results from Australia’s first major survey on participation in digital platform work, as part of the so-called “gig economy” (see McDonald et al, Digital Platform Work in Australia: Preliminary Findings from a National Survey, published by the Victorian Government in June 2019);



The publication of articles by group members in a range of high-ranked journals, including the University of New South Wales Law Journal, the Industrial Law Journal, the Australian Journal of Labour Law and the American Journal of Comparative Law.

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Regulation of Corporations, Insolvency and Taxation (ROCIT) ROCIT continues to do the research that it has become internationally and domestically known for. The following is just a snippet of the busy year.

Dr Beth Nosworthy presented at the Corporate Law Teachers Association in Auckland on the corporate governance of distressed firms, to the professional body ARITA on research into directors and Deeds of Company Arrangements (DOCAs), a John Bray Law Alumni Network CPD session on board responsibility for corporate culture. Much of this work has been published or is about to be and she also finalised the second edition of her co-authored text Contemporary Australian Corporate Law. ROCIT works alongside other researchers to convene conferences and in 2019 through the work of Associate Professor David Brown co-convened, with the Ross Parsons Centre at the University of Sydney a Personal Property Securities Law Roundtable in Sydney. Earlier in 2019, ROCIT co-hosted a Corporate Governance Conference with Singapore Management University and the Singapore Academy of Law. At these events ROCIT researchers presented papers on Purchase Money Security Interests (PMSI) and refinancing (Brown), the components of corporate governance for financially distressed companies (Nosworthy & Symes) and the use of AI on corporate governance (Professor Suzanne Le Mire). Such conferences are attended by leading specialists drawn from academia, the judiciary, government, legal and accounting practice, and the commercial sector and ROCIT enjoys an enviable reputation in these audiences.

Dr Sylvia Villios has for a number of years hosted the ROCIT University of Adelaide Annual Tax Day. In 2019 this was again a very successful event in terms of attendees who are predominantly tax practitioners and the quality of the presentations. The event also provides an opportunity for Sylvia’s higher degree research students to present and convene sessions. Other ROCIT activities mirror this such as the similar event for bankruptcy trustees each year organized by Professor Christopher Symes.

Dr Franc DeZwart has joined other members of ROCIT as a PhD supervisor and is supervising research comparing the mortgage industry regulation in Australia, Canada, the United Kingdom and the United States. Professors Symes and LeMire were delighted to attend the graduation of the PhD student Dr Aida Abdul Razak who’s research was a comparative study of corporate manslaughter and the attempts to reduce work-related deaths using legislation.

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Regulation of Corporations, Insolvency and Taxation (ROCIT) Co-director of ROCIT, Professor Christopher Symes was Visiting Professor, Singapore Management University, Singapore, he presented at the Future Professions Conference held by Griffith University and at the INSOL Academics Colloquium held in Singapore. Amongst other presentations he spoke at the Australian Restructuring and Insolvency Turnaround Association Annual Conference and presented the UN Day Lecture in the Federal Court of Australia on his reflections on 25 years of UNCITRAL and the Model Law on Cross Border Insolvency.

It was a great year for publications by ROCIT staff including texts such as Symes, C Brown D and Lombard S, Australian Insolvency Law 4th ed (LexisNexis, Sydney) 2019, book chapters such as Symes C and Murray M, ‘Australian corporate insolvency and its practitioners: the past, present and the future’ in Professional Futures: Challenges and opportunities for 21st century professions (Griffith, Brisbane) 2019 and many articles including Nosworthy B and Symes C, ‘The Good Place or the Bad Place: The Position of Directors during a Deed of Company Arrangement’ (2019) 26 Insolvency Law Journal 191-202, Le Mire, S M and McDonald, M S ‘Independence in Practice: Superannuation Fund Governance Through the Eyes of Fund Directors’ (2019) 42(1) University of New South Wales Law Journal 300-334; Villios, S. ‘Digitalisation and future tax policy design’(2019) 5 (5&6) Australian Tax Law Bulletin 83-86 and de Zwart, F ‘Enhancing Firm Sustainability Through Governance Part 2: The Framework of the Relational Corporate Governance Approach’ (2019) 34 Australian Journal of Corporate Law 27 -57.

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SA Law Reform The SA Law Reform institute (SALRI) is based at the Adelaide University Law School and was established in December 2010 by an agreement between the Attorney-General of South Australia, the University of Adelaide and the South Australian Law Society. The course ‘Law Reform’ operates in conjunction with SALRI and students participate in the topical references being undertaken by the Institute. The students play a valuable role in informing and supporting SALRI’s work.

Some highlights from 2019 include: 1.

2.

3.

4.

5.

A range of insightful guest speakers on the law reform process and contexts of differing law making including the Hon Vickie Chapman (Attorney-General), the Hon John Rau SC and Hon Robert Lawson QC (former Attorneys), the Hon Geoff Muecke (former Chief Judge). Dr Niki Vincent (Equal Opportunity Commissioner), Reece ‘Serge’ Fursa (Crown Solicitor’s Office), Dejana Graziano (Adviser to the Hon John Darley MLC) and representatives of the Attorney-General’s Department and Office of Parliamentary Counsel.

A focus on the often overlooked Indigenous aspect and context of genuine consultation and law reform and the insightful input of Taylor Johanson from the Aboriginal Legal Rights Movement.

Past students from the course, notably Olivia Jay, Maddie Thompson and Meg Lawson, talking of their experiences and law reform work and career hints.

The contribution of the Law Reform class to SALRI’s work acknowledged in State Parliament during the passage of the Surrogacy Act. The contribution of Maddie Thompson to SALRI’s work as a student and then Surrogacy Report co-author was highlighted for praise.

The contribution of the class to SALRI’s research for its Report into abortion laws in South Australia.

Sarah Kapadia, a recent Adelaide Law graduate and student from the 2018 Law Reform class, was involved in the Abortion project as a research assistant and a coauthor of the Report.

‘I first became involved in SALRI’s work as a student in the 2018 Law Reform class.

When SALRI received the abortion reference from the Attorney General in February 2019, I was lucky enough to be offered the opportunity to join the SALRI team to work on the project as a paid RA. I was significantly involved in the consultation process, and particularly enjoyed travelling to regional and rural parts of South Australia to learn first-hand about the barriers to access experienced by women in these areas and how these issues could be addressed. Speaking to medical and health practitioners in regional and rural communities really highlighted the practical issues that arise from the current legislative framework, and how it impedes equal access to abortion services and health care. I have really enjoyed the opportunity to make a significant contribution to a project that will hopefully lead to a more modernised legal framework that reflects current clinical practice and promotes best health care.’

For more information on SALRI and its work, please look at https:// law.adelaide.edu.au/research/law-reform-institute/.

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SA Law Reform The Surrogacy Act was passed in November based on SALRI’s written report. Many of our Law Students contributed to this report.

Our thanks to the Hon Geoff Muecke, former Chief Judge of the SA District Court for his erudite guest lecture in March to the Law Reform class on the judicial role and the crucial rule of law.

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SA Law Reform

Adelaide Law School and the SA Law Reform Institute thank the Hon John Rau SC and Hon Robert

Lawson QC, both former Attorneys-General, for a fascinating and insightful bipartisan presentation

to the Law Reform class on the vital role and still special office of the Attorney-General.

Our Law Reform class was fortunate on 21 August 2019 to hear both the South Australian AttorneyGeneral, the Hon Vickie Chapman, and the Hon Michael Kirby speak eloquently on law reform and the role of the Attorney-General. Thanks to both!

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Research Grants 2019 Professor Melissa de Zwart, Associate Professor Bernadette Richards and Dr Stacey Henderson - The Aim for the Stars project was a joint one between RUSSEL and RUMLAE, entitled ‘Ethics and the Law: Convergence and Divergence’ and was ($7,000) Dr Stacey Henderson. ‘Women in Space’, Space Industry Association of Australia ($2500) Dr Nengye Liu, 2019 – 2021, Chief Investigator, "Geopolitical Change and the Antarctic Treaty System", Australian Research Council Discovery Grant DP190101214 (with Prof Marcus Haward (University of Tasmania), Dr Jeffery McGee (University of Tasmania), Prof Timothy Stephens (University of Sydney), Prof Shirley Scott (UNSW Canberra) and Dr Anthony Press (University of Tasmania) ($466,000, allocated to University of Adelaide $39,000) Dr Nengye Liu, 2019 – 2021, Co-Investigator, “Regulating Shipping in Russian Arctic Waters: between International Law, National Interests and Geopolitics”, Russia and the High North / Arctic Program (NORRUSS), The Research Council of Norway (led by Prof Tore Henriksen (University of Tromsø/UiT), Prof Ingvild U. Jakobsen (UiT) and Prof Arild Moe (Fridtjof Nansen Institute) (5 million Norwegian Krone) Dr Nengye Liu, Chief Investigator, "The Rise of China and the Future of Antarctic Governance", The Strategic Policy Grants Program, Australian Government Department of Defence ($29,000) Nengye Liu and Michelle Lim, National Science Week SA Community Grant (organize a Workshop “Saving Biodiversity through Transformative Changes” during National Science Week) ($2,000) Dr Nengye Liu, Travel Award, Environment Institute, University of Adelaide (invite Prof Tianbao Qin, School of Law, Wuhan University to visit the University of Adelaide) ($3,000) Dr Joe McIntyre, Professor Vicki Waye, Ms Jane Knowler, Dr Colette Snowden, Professor Eileen Webb, Dr Gaye Deegan, Dr Ben Martini, Dr Anna Olijnyk ‘Funding to Explore the Need for and Viability of Online Dispute Resolution for the Resolution of Residential Tenancy Disputes in South Australia.’ Law Foundation of South Australia. ($58,000) Dr David Plater , 2019 University of Tasmania Visiting Scholar Grant, ($8737) Dr David Plater Executive Dean Award, Excellence in Research Impact 2019, and the SALRI team ($1500)

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Research Grants 2019 Professor Alex Reilly and Dr Anna Olijnyk, Aim for the Stars and Aim for the Stars Indigenous grant, two Faculty grants for the Public Law and Policy Research Unit workshop on the Constitution and National Identity. ($4,000 and $1,830 respectively) Dr Sylvia Villios, Chris Graves (Business School) and Dr Mark Giancaspro attained a Category 2 grant from the Australian Small Business and Family Enterprise Ombudsman (ASBFEO) earlier this year. The project was the production of a report entitled The Use of Family Trusts in Small Business and Family Enterprise. ($22,000) Professor John Williams, Dr David Plater, Dr Sylvia Villios, Associate Professor Bernadette Richards, “A review of the role and operation of current South Australian law and practice regarding Powers of Attorney”, Law Foundation of South Australia Inc. ($60,000).

Professor John Williams and Dr David Plater, 2019, SA Attorney-General’s Department, Examination of South Australia’s abortion law and practice ($60,000).

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Learning and Teaching at Adelaide Law School

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Teaching Overview 2019 was a busy and vibrant year for learning and teaching at the Adelaide Law School. The work and achievements of my colleagues and our students has been recognised with numerous grants, awards and prizes which are listed in the following pages.

Associate Professor Peter Burdon Associate Dean Learning and Teaching

The Law School’s strengths in work-integrated learning, clinics, internships, national and international study tours, and ‘next steps’ events that enhance career readiness also shine through. These are all programs which the Faculty of Professions is keen to develop in the new strategic plan and the law school is in a unique position to promote the excellent work we are already doing.

With the wonderful assistance of our student volunteers/ ambassadors Lex Salus (law and wellbeing) continues to run a great variety of events from food and games to the ukulele club. These events strengthen the Law School community and allow students to take time to focus upon their wellbeing as well as study.

None of this would have been possible without the dedication and commitment of the professional and academic staff of the Law School. Special thanks are due to Kerrin Maratos, Academic Support Officer, for compiling this report, and those members of staff who responded when asked for their contributions.

Finally, a special note of thanks to Judith Bannister who was the Associate Dean of Learning and Teaching in 2019.

Judith managed the portfolio with great diligence and we wish her all the best with her new position.

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2019 Teaching highlights

Thanks so much to His Honour Geoff Muecke for judging the advocacy exercises for the Sentencing and Criminal Justice students.

Thanks to Genevieve Spencer from the ODPP and Henry James from Henry JamesLegal for talking to the Sentencing and Criminal Justice class about making sentencing submissions.

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2019 Teaching highlights

Adelaide Magistrates Court Study Tours with Dr Gabrielle Golding have been the ideal way for our Criminology students to consolidate a busy semester. We thank the Court and its staff for being so supportive of our students' learning.

During October, Peter Slegers, Head of the Tax & Revenue Group at Cowell Clarke and practitioners in his team, Daniel Marateo and Kayla Costa presented a guest lecture to our Income Tax Law students on the topic ‘GST in Practice’ and careers in tax’.

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2019 Teaching highlights Our Family Law class completed their semester with Study Tours of the Federal Circuit Court of Australia and Family Court of Australia. The tours enabled students to gain a deeper understanding of the Family Law jurisdiction and to observe the inner-workings of both Courts.

During August, Chief Justice Kourakis delivered a fascinating guest lecture to the Statutory Interpretation class.

In order to create a more supportive learning environment for 1st year international students, the Commercial Law I course held a Q&A session. Students enjoyed free drinks and snacks, while asking questions face to face with our teaching staff!

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Teaching Presentations 2019 Associate Professor Peter Burdon ‘Objectivity and Politics in the Classroom’, Legal Education Research Conference Teaching at UNSW, 27 and 28 November 2019.

Associate Professor Peter Burdon ‘Reflections on Duncan Kennedy's Legal Education’ Legal Education Research Conference Teaching at UNSW, 27 and 28 November 2019.

Associate Professor Peter Burdon ‘Reproduction of Hierarchy; and Co-creation and neoliberalism’, Legal Education Research Conference Teaching at UNSW, 27 and 28 November 2019.

Dr Laura Grenfell co-facilitates a Community of Practice on Diversity and Inclusion in Teaching (DITCOP), University of Adelaide, 2019.

Dr Nengye Liu, “Using OnTask to Communicate with a Large Cohort of First Year Business Students”, Australian Learning Analytics Summer Institute, University of Wollongong (invited speaker in the Workshop “Personalised Student Communication”) 28 -29 November 2019.

Dr Nengye Liu “Using OnTask to Teach Commercial Law”, Learning Enhance and Innovation, The COG, University of Adelaide, 27 November 2019.

Kellie Toole, 'Education for Citizenship: Students as Co-creators', Higher Education Research Group of Adelaide (HERGA) conference , 25 September 2019.

Professor Alex Reilly, ‘Students as co-creators in Public Law’, Public Law in the Classroom Workshop, UNSW, 14 February 2019.

Professor Alex Reilly, ‘Students as co-creators in Public Law’, at the Public Law in the Classroom Workshop, UNSW, 14 February 2019.

Dr Rebecca La Forgia ‘Objectivity and Politics in the Classroom’, presented on Public Law in a Global Context at the Legal Education Research Conference Teaching at UNSW, 27 - 28 November 2019.

Dr Rebecca La Forgia ‘Reproduction of Hierarchy; and Co-creation and neoliberalism’, presented on Public Law in a Global Context at the Legal Education Research Conference Teaching at UNSW, 27 - 28 November 2019.

Professor Alex Reilly and Dr Anna Olijnyk ‘Public Law in the Classroom’ Workshop, Public Law and Policy Research Unit co-hosted with the Centre of Public Law, UNSW, 14 February 2019.

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Teaching Awards 2019 Kellie Toole and David Plater, Executive Deans Award for Employability for Criminal Law and Sentencing and Criminal Justice.

Associate Professor Laura Grenfell, Associate Professor Matthew Stubbs, Associate Professor Peter Burdon, Professor Alex Reilly, Dr Michelle Lim and Dr Francesco de Zwart - Teaching Award: Executive Dean's Award (Embedding Indigenous Knowledges), Faculty of the Professions, University of Adelaide.

Teaching Grants 2019 Cornelia Koch, Design of blended learning tools and assessment to enable flipped classroom pedagogy in Comparative Constitutional Law, Faculty of the Professions Learning Development Grant 2019 ($5075).

Cornelia Koch, Learning and Teaching Advancement Grant 2019. Various Activities to support development and innovation in learning and teaching, The University of Adelaide ($5000).

Kellie Toole, Faculty Learning and Teaching Grant to develop video resources to build career readiness in Criminal Law ($1200) .

Dr Michelle Lim, Dr Nengye Liu and Dr Beth Nosworthy ‘Preparing Future-ready Commercial Law Students for the New World of Business’. Faculty of the Professions, Teaching Development Grant. ($2486).

Associate Professor Matthew Stubbs, Professor Alex Reilly, Associate Professor Laura Grenfell and Dr Francesco de Zwart -Teaching Grant: 'Incorporating South Australian Aboriginal Voices in Foundations of Law' (Diversity & Inclusion Grant, Faculty of the Professions, University of Adelaide)($1,695).

Dr Margaret Castles (with Dr Paul Monaghan & Ms Karina Lester) Indigenous Learning Modalities into Legal Education ($2,500).

Integrating

Dr David Plater (with Dr Sylvia Villios & Ms Kellie Toole) Indigenous Perspectives as Integral to Teaching Criminal Law & Law Reform ($2,392).

Dr Beth Nosworthy (with Dr Michelle Lim & Dr Nengye Liu) Preparing Future-Ready Commercial Law Students for the New World of Business ($2,486).

Prof Chris Symes (with Associate Professor Judith Bannister) Graduate Diploma in Legal Practice – Competency Standards & Governance Mapping Project ($4,784).

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Teaching Publications 2019 Peter Burdon, 'Engaging Neoliberalism in Legal Education Research' in Ben Golder, Marina Nehme, Alex Steel, & Prue Vines (eds), Imperatives for Legal Education Research Then, Now and Tomorrow (Routledge, 2019).

Fiona McGaughey, Lisa Hartley, Susan Banki, Paul Duffill, Matthew Stubbs, Phil Orchard, Simon Rice, Laurie Berg and Paghona Peggy Kerdo, ‘‘Finally an academic approach that prepares you for the real world’: Simulations for Human Rights Skills Development’ (2019) 2(1) Human Rights Education Review 71-93.

Laura Grenfell and Cornelia Koch, 'Internship Courses for All? Supporting Students Undertaking Unpaid, University-Run Legal Internships' (2019) 44(3) Alternative Law Journal 226 Kellie Toole, 'Building Career Readiness for Criminal Law Practice' in Alice Diver (ed), Employability via Higher Education: Sustainability as Scholarship (Springer, 2019) 489.

Jessica Viven-Wilksch, ‘Making use of new technology’ in Warren Swain and David Campbell (eds) Reimagining contract law pedagogy (Routledge, 2019) 180

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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 and a job on graduation can really build up stress. Lex Salus (latin for law and wellbeing) was launched in 2013 to address Student health and wellbeing.

In 2019 Lex Salus undertook a range of activities in the Law School and broader community.

Weekly ukulele club sessions continued for staff and students and Franc de Zwart continued with his ‘Take Five with Franc’, a weekly session where students were welcome to come chat about law school issues and challenges.

The Lex Salus team also participated in Coastrek, a 30 km walk from Victor Harbour to Goolwa that raised funds for Beyond Blue. This organisation aligns very closely with our mandate to improve mental health and wellbeing in the law school.

Lex Salus also hosted many events throughout the year, including curry lunches, pizza lunches, sausage sizzles and bake sales. These events help strengthen the law school community and provide opportunities for students to have some respite from their studies.

Adelaide Law School also held a number of carnivals in the courtyard, complete with games, food, music, and fun. Our many student volunteers enable us to host these events, and we continued our annual tradition of honouring these students at morning tea with our patron, The Honourable Chief Justice Chris Kourakis.

Ellie, the Labradoodle Adelaide Law School mascot made numerous visits to the Law School, which was greatly appreciated by our staff and students.

During 2019 the Chief Justice joined our Lex Salus morning tea to celebrate our wonderful student volunteers. Thank you for all that you do for Lex Salus.

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Lex Salus (law and wellbeing) at Adelaide Law School

Curry Day

Pizza Day

Pizza

Carnival Day

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The Next Steps’ Events for our Law Students to start their career

Adelaide Law School Panel

The Adelaide Law School’s Next Steps Program provides students with employability and job-readiness training throughout their degree to equip them with the non-academic skills and experience needed to give them an edge in the jobs market. In 2019, the program continued its core role of offering panel discussions with members of the profession to give students tips on creating opportunities for employment, applying for positions, and impressing employers when you get an opportunity. This year the program included two sessions on getting a ‘Foot in the Door’, where students who have undertaken summer clerkships, internships, GDLP placements and other paid and voluntary placements also shared their experiences as part of a panel and through informal networking. Hearing from other students who had gained practical experience reassured current students that opportunities exist and gave them excellent advice on making the most of those opportunities.

The student feedback was that sessions highlighted ‘the copious and vastly different opportunities’ that are available, and that the ‘Candid and helpful advice, put me at ease about different paths into law. It’s especially meaningful to hear from peers.’

Adelaide Law School ‘Women and the Law’ Seminar and Networking event -The Many thanks to the panelists Hon Catherine Branson AC QC, A/P Bernadette Richards, Kerry Clark, Anita Caruso and Karena Millios. In particular big thanks to Laity Morrow who has sponsored since 2013

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The Next Steps’ Events for our Law Students to start their career We have expanded the program to include online materials that are available as continuing resource for current and future students. The University Career Service now hosts a Careers in Law website and we have created an Adelaide Next Steps YouTube Channel where we make available interviews with graduates and employers, and recorded version of the career panels.

A new initiative of Next Steps in 2019 the creation of a YouTube channel https://www.youtube.com/channel/ UCi5wr51tq9eworBYhaYhQcw

This year, for the first time, the Faculty of the Professions’ Career Readiness elective was made available to Law Students and included law-specific content. The course included a site visit with a practitioner who spent time at the office discussing contemporary legal issues with the students and giving them tips for their career. He then accompanied them to a sitting of the Adelaide Magistrates Court. As one student reflected after the visit, Henry ‘has a wealth of experience and being able to observe proceedings with him and pick his brain on anything and everything that came up was really helpful. I gained so much in the two hours or so that we spent in court’.

Site Visit to the Adelaide Magistrates Court

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Bridging the Gap for our International Students Each semester Adelaide Law School offers an International Bridging Programme for international students arriving to begin their undergraduate or postgraduate law degrees. The Programme assists international students with learning about variations in cultural learning styles, expectations of study in Australia and the 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 and professional staff.

The Bridging Programme is just the beginning of the support which the Law School offers to its international students. The Director of International Student Support and the International Student Support Tutor run a number of workshop throughout the year, for example on legal research and writing, citation and exam writing skills.

Students can also make one on one appointments with the International Student Support Tutor, who assists them with their legal and study skills throughout the year.

If international students encounter any difficulties, they are encouraged to contact the Director of International Student Support. The Director organises regular morning teas, where international students can mingle in an informal setting and exchange experiences. This year the students were also invited to regular walks in the Adelaide hills and national parks. The Law Student Society includes international students in all of its events.

Adelaide Law School has an extensive 2-storey Law Library for our students to use

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Minerals and Energy Law Field Trip The Minerals and Energy Law students went on a field trip to the site of Terramin’s proposed gold mine at Woodside to learn about community consultation requirements for mining projects. Many thanks to Matt Daniel of Terramin for hosting a very informative visit.

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Native Title Field Trip 2019 The Adelaide Law School Native Title field trip is designed to give students a tangible understanding of the land which is the subject of a native title claim and also an understanding of Aboriginal connections with land. Adelaide Law students learned first hand from Narrungga/Ngadjuri elder Quentin Agius about connection to country. Many thanks to Quentin and Words on Wheels.

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Incoming Chinese Student Study Tour 2019 During January, twelve visiting students from KoGuan School of Law, Shanghai Jiao Tong University visited Adelaide Law School as part of a Study Tour. They were instructed in the basics of Australian Law and also visited landmarks including Parliament House, Local courts and Law Firms (Fisher Jeffries).

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Arid Recovery Reserve Law Field Trip The Biodiversity, Planning and Regional Australia Study Tour takes students into regional Australia to examine the impact of federal and state laws on our diverse environments, towns and people in regional South Australia. Over 7 days we engaged with many issues including the court system and Aboriginal Legal Rights Movement at Port Augusta, the weapons testing range at Woomera, the ramshackle growth of an opal mining town at Andamooka compared to the planned modern mining town at Roxby Downs and Olympic Dam uranium mine. We learned about conservation and biodiversity strategies at Arid Recovery, and then stood on an ancient aboriginal campsite in sand dunes in the middle of Gibber plains. Lake Eyre, the ghost town at Farina that is being rebuilt by volunteers; old Ghan railway town Maree; the old copper mine at Blinman, and finally walking on country with aboriginal elders of the Adnyamathanha people at Iga Warta. This field trip provides students with a unique perspective on remote Australia, introducing students to the complex interrelationships of law, policy, environment, conservation, planning, governance. Equally importantly, students explore the role and interests of Aboriginal communities both in the broader socio/legal sense, in terms of land management and preservation, and in terms of embedding understanding of Aboriginal perspectives.

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Clinical Legal Education in 2019 The University of Adelaide Clinical Legal Education Program operates 5 free legal advice services and several legal externship placements in community law practices, providing a clinic placement to over 100 students each year. The program is managed by solicitor and lecturer Margaret Castles, who oversees the four community legal advice services and teaches the related elective subject Clinical Legal Education. Our fifth clinical offering, the Entrepreneur and Venture Advice Clinic, was opened by Dr Beth Nosworthy in 2018. EVAC provides commercial advice support to small businesses and start-ups, including advice on business structure; partnership, shareholder or security agreements; intellectual property; labour issues; taxation and corporate regulation.

Margaret Castles Director CLE program

Legal Advice Clinics

In 2018 the CLE program grew to offer five free legal advice services (Magistrates Court Legal Advice Service, Adelaide Legal Outreach Service, Equal Opportunity Commission Legal Advice Service, Administrative Appeal Tribunal Legal Advice Service, and Entrepreneur and Venture Advice Clinic).

Operating 1 day per week, ALOS is co located at Westcare Baptist Centre in Wright Street Adelaide. 18 students placed at ALOS for their clinical placement throughout the year provided advice and ongoing case support to over 100 continuing and new clients, many of them homeless or otherwise vulnerable. ALOS provides an important access to justice point to people who are not eligible for legal aid or community legal centre support, which is reflected in the increased volume of work in this clinic over the past few years.

Operating for 2 days per week, MCLAS provided advice and ongoing case support to over 120 clients in the minor civil jurisdiction of the Magistrates Court. There is increasing demand for advice in complex legal cases in this jurisdiction. MCLAS also manages the Mediation Information Service, supporting mediators who attend directions hearings to provide mediation advice and assistance to litigants on the day they come to court. MCLAS has a professional partnership with commercial law firm Lipman Karas, whose solicitors visit MCLAS every two weeks and assist with supervision of students and case management, as well as a triage service for complex cases. 30 students completed placement at MCLAS in 2020.

The Equal Opportunity Commission Legal Advice Service, commenced in 2018, is co located with the Commission, offering unrepresented parties valuable advice in the complex area of discrimination law in SA. In 2019 the closure of the Welfare Rights Service prompted us to start a fourth community clinic service, at the Administrative Appeals Tribunal. Co located at the AAT, six students attend one day per week to provide advice to claimants in centrelink and NDIS appeals.

Our community clinics operate throughout the year, with students volunteering their time to ensure we can meet client needs during semester breaks. Our supervising solicitors Ross Savvas (ALOS and AAT) Skye Schuncke (EOCLAS and AAT) and bb 48 Adelaide Law School - Research, Learning and Teaching Report 2019

Clinical Legal Education in 2019 Patrick Wille (Magistrates Court) continue to guide students through this important transition from law school to professional life.

Students at these clinics take primary responsibility for legal advice work, including face to face and telephone interviewing, and follow up case work. Supervisors do not attend interviews or take the lead in any case work, thus ensuring that the students have both responsibility and motivation to learn in action.

The Entrepreneur and Venture Advice Clinic (EVAC) is a fourth initiative managed

by Dr Beth Nosworthy from the Law School. Co-located at the ThinkLab business hub in the University, students under supervision from volunteer solicitors from Cowell Clarke and O’Loughlins Lawyers provide advice and support to start up business and new ventures operating in a range of areas. This is an innovative program which enables anyone in the community, but especially university students, to explore taking their business initiatives to the next step by providing them with clear advice and support through the often complex commercial steps involved in running a business, dealing with intellectual property and coordinating commercial agreements. EVAC is supported by the Adelaide Law School, Cowell Clarke and O’Loughlins Lawyers Externship placements Students also completed externship placements at MyBudget, Uniting Care Legal.

JusticeNet, and

Impact and community engagement In addition to providing legal advice to 100s of clients every year, the CLE program program continues to build an evidence based research platform, with a focus on Justice Access and Self Represented Litigants. Students liaise with members of the legal profession, the judiciary, and the community in developing these resources. As a part of the community legal sector in SA, the clinics play an active role in law reform, political engagement on justice access needs, and bring research capacity into the community.

Conclusion CLE provides an unrivalled opportunity for Adelaide Law School students to engage in meaningful legal work supporting disadvantaged people in our community. We continue to strengthen our role in the community legal sector, both by providing legal advice and support, research and publications into the community, and by strong partnerships with other agencies that enable a cooperative approach to justice access initiatives.

The CLE program is supported by a generous grant from the Law Foundation of South Australia which enables us to make a substantial impact in the community, by law firm Lipman Karas in it’s partnership with MCLAS, and by law firm Cowell Clarke in it’s partnership with EVAC. We also receive substantial in kind support from the Magistrates Court of SA; the Equal Opportunity Commission; the Adminstrative Appeals Tribunal, and Westcare Baptist Centre.

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Clinical Legal Education in 2019

Clinical Legal Education Admin Appeals Clinic students getting fabulous practice experience and helping the world. Students’ volunteer work counts towards their overall degree. The Clinics are located at the Magistrate’s Court, Homeless Centre and Equal Opportunity Commission.

University of Adelaide law students are providing free legal advice to people fighting Centrelink debts at the Administrative Appeals Tribunal, after budget cuts forced the Welfare Rights Centre to close down in June.

Throughout the year Clinical Legal Education students placed at the Equal Opportunity Commission Legal Advice Service work with solicitor Skye Schunke to provide legal advice and support to people with discrimination complaints in SA.

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Clinical Legal Education in 2019

Adelaide Law School’s free legal advice service ALOS assisted its 100th client for 2019 in August. Located at Westcare Centre in Adelaide CBD, ALOS provides legal advice and support to clients who can’t afford to pay a lawyer.

Law students’ arid lands field trip for Pastoral Land Reform project - As part of their Clinical Legal Education (CLE) elective subject, four final year law students worked on this 30 page multidisciplinary submission, focussing on international law, environment, and Aboriginal rights to manage and protect the land. The submission was sent to the State Government advocating change to the Pastoral Lands Management Act.

EVAC offers free legal confidential advice which is available to individuals and small to medium enterprises (SMEs) in relation to their business.

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Associate Teacher Programme Sessional staff teaching at the Adelaide Law School are highly respected and valued members of the School. Many of our sessional staff are experienced legal practitioners who are able to integrate their deep practical knowledge of the law into weekly legal themes.

Associate Teacher Program (ATP) The Associate Teacher Program provides sessional staff with structured mentoring and training Senior Lecturer opportunities. It is offered to all new sessional staff Dr Colette Langos joining the Adelaide Law School for their first Sessional Staff Coordinator and semester of teaching and is a mandatory Associate Teacher Program requirement for continuing sessional staff. Upon Coordinator completion, successful participants are issued with an Adelaide Law School Certificate of Completion and may include in their email signature and curriculum vitae a title of ‘Associate Teacher – Adelaide Law School’.

Anecdotal feedback received from sessional staff who have completed the Program has been very positive, with the vast majority of participants reporting that they have gained in confidence and increased their skill set as a result of the ATP. Many have also conveyed that undertaking Program made them feel included and valued members of the Law School team. There have been 27 successful completions since December 2015. For the year of 2019, we congratulate Annie MacRae, Kyriaco Nikias, Leonidas Efthivoulou, Preeti Nalavadi, Sawinder Singh, Giuseppe Mottillo and Priya Subramanian.

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Adelaide Law School Internship Programmes Gaining first-hand legal experience: Internship courses at the Adelaide Law School The Law School offers a suite of three elective internship courses which engage law students in work-integrated learning and supervised research through internship placements.

1.The Human Rights Internship (est 2002) in which students complete a full-time unpaid human rights internship anywhere in the world for a minimum of six weeks.

There have been more than 80 interns since the program began.

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. The Internship is run through the national Aurora Programme. More information about the program can be found at http:// auroraproject.com.au/about-internship-program 3. The Law and Justice Internship) (formerly known as 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 body at the state or national level.

In 2019 we offered a significant number of placements at these host organisations, including the Supreme Court of South Australia, the Magistrates Court of South Australia, the Administrative Appeals Tribunal, the SA Civil and Administrative Tribunal, the South Australian Employment Tribunal, the Equal Opportunity Commission, Ombudsman SA, The SA Crown Solicitor’s Office, The SA SolicitorGeneral’s Office, The SA Department of Human Services, Wine Australia, The SA Office of the Public Advocate and the SA Department for Environment and Water.

Elijah Caon spent six weeks interning at Barengi Gadjin Land Council. Read more: https://blogs.adelaide.edu.au/ law/2019/04/09/barengi-gadjin-land-council-internship/

Hadieh Abiyat in Sydney. Hadieh worked at the Refugee Advocacy Casework Service.

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Human Rights Internship India Hopkins completed her Human Rights Internship in the Office of the CoInvestigating Judges at the UN Assistance to the Khmer Rouge Tribunal in Phnom Penh, Cambodia. She is pictured here in the Court of the Extraordinary Chambers in the Courts of Cambodia.

During my 6 month internship at the ECCC, I worked as a legal intern in the Office of the Co-Investigating International Judge (OCIJ). I worked on the drafting of the Case 004 Closing Order, the last case before the OCIJ to be sent for indictment and to trial, or dismissal, as part of a legal investigative and analytical team. In my role, I undertook legal research and factual analysis, and I analysed and managed case file evidence. I assisted Legal Officers and the Judge in their legal and supportive responsibilities, and I contributed to the Case 004 Closing Order through checking the style and formatting of the document, substantiating the evidence against the crimes, reconciling conflicting evidence, and drafting sections of the Closing Order itself.

My internship at the ECCC has been critical to the development of my practical legal and investigative skills, attention to detail, and my ability to communicate complex factual and legal situations clearly and concisely – all of which were critical in analysing evidence. I strongly believe that the skills that I have developed at the ECCC are highly transferrable to my junior legal career now and into the future.

My internship also gave me a significant opportunity to learn from and network with many legal professionals in the field of ICL. In particular, I coordinated “Justice Talks”, a monthly ECCC intern initiative involving speakers from diverse legal backgrounds discussing critical issues of international law and human rights, and providing career advice, as a platform for engagement open to the entire ECCC community. I personally found it to be a fascinating time to be working in the OCIJ as the Closing Order for Case 004 was both politically and legally contentious.

It was an honour and a privilege to intern at the ECCC, with UNAKRT in the Office of the Co-Investigating Judges. It was an extraordinary experience and I was immensely fortunate to work with fantastic colleagues and interns alike, from all over the world, who have provided me with invaluable insights into the field of International Criminal Law.

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Native Title / Aurora Internship Jack Simpson’s internship experience with the Aboriginal Legal Service in Wollongong Author: Jack Simpson From November to December 2018, I was given the opportunity to take part in an Aurora Internship at the Aboriginal Legal Service (ALS) in Wollongong for approximately 5 weeks. The Internship has been the most rewarding experience offered to me during my time at university.

During my Internship I spent time working both in the office and at Court. I assisted lawyers by assessing evidence and preparing briefs, filing subpoenas, lodging appeals, filling out court documents, conducting legal research, requesting reports from experts, observing case conferences, writing representations to police and the prosecution. The most exciting part of my time at ALS was observing lawyers in Court. It was rewarding to see the practical manifestation of theory I had learnt at University. Being able to attend a variety of courts was refreshing and it was interesting to note differences depending on the court’s location and children’s court compared to adult’s court. Highlights of my time at court were observing an ALS lawyer cross examine a witness, as well as assisting in taking instructions from clients both in court and in custody. I found the most valuable part of my Internship overall to be the personal interactions with clients and the ability to make a difference in their life by helping them solve legal problems.

As a non-Indigenous Australian, I found the Aurora Internship particularly insightful and educational. To this day there are still inherent biases in the criminal legal system that directly impact Indigenous Australians. I would strongly encourage other non-indigenous law students to take part in the program, to work towards a greater understanding of Indigenous issues in Australia and reconciliation.

Further, I would recommend that students apply for a regional area away from where they live. Indigenous issues become more magnified within smaller communities. However, the capacity of a volunteer to make a difference to a community is similarly magnified. While intimidating at first, nominating somewhere unfamiliar allows you to be taken out of your comfort zone and is ultimately more rewarding.

I would like to thank the Law Foundation of SA Inc for financially assisting me to undertake this internship.

Read more: https://blogs.adelaide.edu.au/law/2019/02/07/jack-simpsonsinternship-experience-with-the-aboriginal-legal-service-in-wollongong/

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Law and Justice Internship Eloise Dibden completed a five-week placement at the SA Solicitor-General’s Office (SGO) headed by the Solicitor-General (SG), Dr Chris Bleby, as part of the Adelaide Law School’s Law and Justice Internship. This is her experience: Dr Chris Bleby, SG, is the State’s highest legal officer, who advises the Attorney General and government on legal matters for the State.

Consequently, the SG often works on High Court cases, and appeal cases in the State’s highest court. Additional complex state legal matters may arise requiring the SG’s input, such as the recent coronial case of an Aboriginal death in custody, with which I was able to assist and observe.

I consider myself incredibly fortunate to have been given the opportunity to work alongside, and learn from, some of the most skilled and At the front Eloise Dibden (the intern) individuals I have ever and at the back, from L-R, SA Solicitor down-to-earth General Dr Chris Bleby SC, Eloise encountered. Their passion and dedication for Crompton (Counsel Assisting for the the work they do is infectious, and made the SG) & Lesley Jayasuriya (Executive transition to nine-to-five workdays a real joy.

Working with the SGO has been one of the Assistant to the SG) most enriching experiences of my Law School career. Not only did I feel as though I was truly part of a team contributing to reallife legal matters, but I also saw first-hand the amount of work, deliberations, and detail that goes on behind the scenes before a case ever reaches court. In fact, seeing how cases build from those initial notices and memos to a live-action hearing in court was one of my personal highlights. Having the chance to get so hands on and invest your time into tasks makes it all the more rewarding. Read more about Eloise here: https://blogs.adelaide.edu.au/law/2019/01/15/workingwith-the-sa-solicitor-general-a-lesson-in-law-and-justice/ Adelaide Law School is proud to be partnering with the International Committee of the Red Cross (‘ICRC’) on a pilot international humanitarian law clinic. This clinic is being run through Law and Justice Internship.

Pictured: Dr Stacey Henderson, Professor Dale Stephens, Emily Defina Legal Advisor at the International Committee of the Red Cross and student Alice Osborne 56 Adelaide Law School - Research, Learning and Teaching Report 2019

Mooting at Adelaide Law School

International Humanitarian Law Moot This year’s IHL Moot Grand Final was held in the Moot Court on the evening of Friday, 7 June, before their Excellencies Judges Professor Dale Stephens, Dr Stacey Henderson, and Mr Mark Giddings. The Moot involved questions of jurisdiction of the Court, crimes carried out during a non-international armed conflict, and mental incapacity as a basis for excluding criminal responsibility.

After impressive advocacy from both the Prosecution (Sanah Butt and Kellie Elmes) and Defence (Nicolas Rich and Rachel Chalmers), the Court delivered a split decision. The winners, by majority, were Sanah Butt and Kellie Elmes. At the conclusion of the Moot, Ms Petra Ball from Australian Red Cross (SA IHL Committee Representative) spoke of the important role of IHL, and presented both teams with certificates.

Kellie and Rachel subsequently represented Adelaide Law School at the ALSA Red Cross IHL Moot Competition held in Melbourne. The team did exceptionally well and were ultimately Runners Up in the National IHL Mooting Grand Final. Adelaide Law School is immensely proud of Kellie and Rachael and their professionalism and legal skills that were on full display on the national mooting stage.

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Mooting at Adelaide Law School Manfred Lachs Space Law Moot In March 2019, Adelaide Law School's team of Connor Rossi, Isabelle Blacketer and Claudia Floreani travelled to Amity Law School in India accompanied by Professor Paul Babie to compete in the Asia-Pacific Regional Finals of the Manfred Lachs Space Law Moot Court Competition.

The Adelaide team performed admirably against 38 teams from across the Asia-Pacific Region, advancing to the Quarter Finals.

Connor Rossi was awarded a prize as one of the top five speakers in the competition.

Having hosted the Manfred Lachs Moot at Adelaide Law School in 2017 and 2018, we were delighted to see our team perform so well in 2019.

Philip C. Jessup International Law Moot Court

During February, the Adelaide Law School’s Philip C Jessup International Law Moot team competed against 17 other Australian law schools in the Australian National Rounds of the competition. The Australian National Round was held at the Australian National University, Canberra.

The 2019 team was comprised of April Zimmermann, Natasha Slater, Maithili Mishra, Xinying Xie and Hongmi Yun. The team was coached by Joel Lisk and Mitchell Brunker, with Associate Professor Matthew Stubbs providing support as the course coordinator. The team performed exceptionally well, placing fourth at the conclusion of the preliminary rounds. The team narrowly missed out on a place in the Semi-Finals.

April Zimmermann was awarded a prize for being ranked within the top 10 oralists of the competition. The team were also awarded the prize for third place Respondent Memorials.

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Postgraduate Teaching Welcome to the Postgraduate section of our Research and Teaching report The Adelaide Law School presents three programs at Masters level in Law for non-law and law graduates. These are the Master of Laws, Master of Comparative Law and Master of Business Law. Our programs explore 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 skills and understanding of law and legal processes.

Each year the Adelaide Law School offers over 15 high-quality courses, each of which have a strong commercial, international and/or comparative focus.

Our teaching staff extend beyond members of the Law School to include 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 also have the chance to meet and establish contacts with students from other parts of the world and to benefit from their experiences.

Professor Dale Stephens

We continue to value our strong partnership with the University of Mannheim and we benefit from a mutual exchange of staff and students each year in the Masters courses that we reciprocally teach. We are also exploring ways of expanding our international engagement in the post graduate course program.

In 2019, it was pleasing to see our student numbers increase in the post graduate coursework program. It was also very heartening to see that overall 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.

Professor Dale Stephens CSM Director of Postgraduate Coursework Programs

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Postgraduate degrees In 2019, Adelaide Law School offered the following postgraduate degrees: GDLP The partnership between the University of Adelaide Law School and the Law Society of South Australia provides LLB graduates with the rewarding experience of a GDLP program with a wealth of opportunities to gain knowledge of the South Australian legal profession. Staff within the GDLP program are drawn from the legal profession, academia and judicial officers.

LL.M. 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.

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 (2 years full-time study), Graduate Diploma (1 year full-time study) and the Graduate Certificate (6 months full-time study).

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. Â Â

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Postgraduate teaching 2019 highlights

Deep fakes - the role of AI - getting the tech insights thanks to a great presentation from Sam Hodge (left) in National Security Law and Technology. Insight into the mathematics of encryption from Professor Matthew Roughan (right)

Associate Professor David Brown, in collaboration with Lisa Bielby, Lynch Meyer Lawyers, Carsten Dethlefsen, and Renewal SA, took his postgraduate class, Perspectives on Property Law and Society, to visit the multi-award winning Tonsley Innovation District. The course material was front-loaded to prepare students for this case study where they were able to then see and hear about the myriad practical and legal challenges and arrangements in this multi-use development, one of the most complex ever in SA.

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Postgraduate teaching 2019 highlights

Left to Right (sitting): A/Prof Matthew Stubbs, Prof Melissa de Zwart, The Hon. Vickie Chapman MP, Prof Jack Beard, Prof Dale Stephens, Dr Stacey Henderson

The PG Strategic Space Law course taught in 2019 was very pleased to have as one of the participating students, The Honourable Vickie Chapman MP, Attorney General of South Australia, as well as lawyers from the Attorney Generals' Dept. Such participation further demonstrates the commitment that South Australia has to the Australian Space program, and especially the development and application of Space Law. Additionally, a highlight of the course was the significant teaching contribution of Prof Jack Beard from the University of Nebraska. Prof Beard is a world expert on space law and is a member of the Board of Directors of the Woomera Manual Project which the University of Adelaide Law School is a co-leader. Prof Beard has a background in nuclear weapon limitation negotiations as a U.S. negotiator with the former USSR and his insights into the current posture of Russia and China (as well as the US) in the area of strategic space use was extremely insightful and well received by the student body.

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Postgraduate research at Adelaide Law School The Law School’s cohort of Higher Degree by Research (HDR) students (comprising PhD and Masters by Research students) made a significant contribution to the Law School in 2019. The cohort includes students from India, Nigeria, the UK, the USA, Vietnam as well as Australia, enriching the Law School community and helping establish the Law School’s place as a global centre of legal research. Twelve new students started their HDR research in 2019, which equals the highest ever intake for the Law School.

Congratulations to those students who completed their HDR degree in 2019: John Eldridge, Jana Norman and James Stewart, who were all awarded PhDs. Congratulations also to Sarah Moulds, who was awarded the University Medal in 2019 for her PhD thesis submitted in 2018.

A highlight of the HDR year was the full-day HDR students’ retreat at the Adelaide Wine Centre, at which academics, HDR alumni and other professionals gathered to speak to HDR students about the HDR experience and future directions for HDR graduates. The day was so successful it was used as a model for a Faculty event later in the year.

In 2019, the HDR cohort was proactive in sharing their research with local, national and international academic colleagues and the broader community. Our HDR students published their research in quality journals and presented their research at prestigious conferences. HDR students are also an integral part of the Law School’s teaching activities, taking many seminars and some lectures.

Max Bruce did an excellent job as HDR Student Representative in 2019, particularly in his organisation of the HDR retreat. Patricia Carlisle continued to edit the HDR students’ newsletter, the ‘Mitchell Tribune’, a great contribution to the collegiality of the cohort.

We would also like to thank Alex Jones and Justine Dzonsons for their work in supporting the student cohort and the PGCs.

Anna Olijnyk and Alex Wawryk PGC Reps 2019 Adelaide Law School supports its HDR Students as much as possible on their journey. Every year we have a HDR Student retreat for support, Information, networking and mentoring.

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Adelaide Law School PhD completions 2019 Adelaide Law School would like to congratulate the following students whom completed their PhD in 2019: James Gilchrist Stewart Demystifying Critical Legal Studies

John Eldridge Codifying Contract Law in Australia: Issues and Obstacles

Jana Norman Posthuman Legal Subjectivity in the Anthropocene: Introducing the Cosmic Person (Dean’s Commendation for Doctoral Thesis Excellence)

Prestigious scholarships awarded to Adelaide Law School Students

Dr Duncan Memorial Scholarship – Kayla Dickeson

DA Robertson – Sanah Butt

JJ Bray Scholarship – Nicole Nicholson

John Bray Law Alumni Network Scholarship—India Short

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Celebrating excellence— Adelaide Law School Annual Prize Ceremony The annual Adelaide Law School Prize Ceremony is held in March the following year. As is the tradition a number of prizes are awarded to the undergraduate and postgraduate students who have excelled in their studies. Due to the COVID-19 pandemic in 2020, this event was not held. Students still however received their prizes through the mail.

2020 Dean of Law Professor Melissa de Zwart

Stow Prize Up to four Stow Prizes are awarded each year to any student for the LLB degree who, at any final examina on has shown excep onal merit in not less than two courses. The 2019 Stow Prize winners are: Keagan Lee Ashwini Ravindran Claudia Boccaccio (shared)

Emily Whenan (shared) Nicholas Riley (shared) Flyn Wells (shared)

RW Bennett Prize Two annual prizes are awarded for the best performance in a single course.

The 2019 RW Benne Prize winners are: Madeleine McNeil

Ashwini Ravindran

The Justin Skipper Prize Eloise Dibden (shared)

Alison Jones (shared)

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2019 Prize Winners Honours Prize Winners The Angas Parsons Prize Timothy Porter

Honours Prize Winners The MF and PJ Manetta Prize Jasmyn Tran The John Perry Prize for International Law India Short

Bonython Prize

James Stewart

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High School Mooting Competitions The second Adelaide Law School High School Mooting Competition was held in August 2019.

This year's competitors, comprising high school students from years 10 to 12, all performed admirably. They were a credit to their schools and supporting teachers.

We hope to see everyone back again next year! The Competition will no doubt continue as an institution of the Adelaide Law School in years to come.

The High School Mooting prizes awarded were as follows:

Outreach at Adelaide Law School Walford Anglican School For Girls

First Place Second Place Third Place

St Peter's Girls School Seymour College

Adelaide Law School High School Mooting Competition Workshop Dr Gabrielle Golding and Mark Brady hosted the Adelaide Law School High School Mooting Competition Workshop alongside two exceptional final year Law students and advocates, Courtney Bristow and Lachie McNamara. For some high school students, the Competition presented their first exposure to presenting a legal argument. It was exciting to be able to share in that experience and to welcome them to the Law School. Our staff were blown away by the calibre of questions and genuine interest from the participating students.

Outreach at Adelaide Law School Disrupting Law Hackathon Over the course of a weekend in mid-August 2019, members of our academic staff, including Dr Nengye Liu, Mark Brady, Professor Alex Reilly, Dr Anna Olijnyk and Dr Mark Giancaspro mentored a group of our students competing in the Disrupting Law Hackathon, which is an event where people come together to collaboratively build and launch technology solutions (mobile or web apps) aimed at solving a particular legal problem. By combining legal and technological expertise, teams competed to develop a minimum viable product to address a particular legal issue. Participants worked in small groups over the course of a weekend. The goal of the weekend was to come up with a proposal, model or prototype at the end of the hackathon to pitch to a panel of judges. We were delighted that the Adelaide Law School team was awarded First Prize in the South Australian round and went on to compete nationally.

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Outreach at Adelaide Law School Joint Adelaide Law School and Legal Education Teachers Association of South Australia (LETASA) Legal Studies Inquiry Project Q&A Session Dr Gabrielle Golding facilitated the Adelaide Law School's impressive Panel of Experts, comprising the Honourable Geoff Mueke, Cornelia Koch, Dr David Plater and Dr Beth Nosworthy.

In conjunction with LETASA, the Law School hosted this Q&A session to assist year 12 students in preparing for their Legal Studies Inquiry. Our experts covered topics spanning Indigenous Constitutional recognition to the role of juries in criminal trials, among many more.

Adelaide Law School hosted the inaugural Legal Research Project Q&A session at the Law School this year.

The session was coordinated by Dr Mark Giancaspro with the Association of Secondary Research Teachers (ASRT) and was aimed at those high school students completing Research Projects (Years 11 or 12) which were legally themed. Around 30-40 people attended and many more who couldn't attend accessed the video recording.

Outreach at Adelaide Law School

Associate Professor Bernadette Richards, Kellie Toole and Dr Anna Olijnyk kindly volunteered their time to be panellists and interact with students, share views, and answer their questions. We had a lot of questions addressing public/constitutional law, medical law and criminal law issues, so our colleagues were generous enough to provide their expertise. ASRT were thrilled and have requested that we make it an annual event.

Panellists: Associate Professor Bernadette Richards, Dr Anna Olijnyk and Kellie Toole

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Adelaide Law Review Adelaide Law Review, one of Australia’s leading law journals since its inception in 1960, has celebrated the publication of its 40th volume. Contributors include Prof Peter Rathjen AO. On Wed 21 August, Adelaide Law School hosted the Hon Michael Kirby AC CMG, whom gave a lecture to our first-year class, and met with Student Editors of the Adelaide Law Review and those working in the South Australian Law Reform Institute.

Outreach at Adelaide Law School

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The John Bray Law Alumni A key object of the Adelaide Law School's John Bray Law Alumni Network is to foster the ongoing professional development of law graduates through the provision of activities and services. In this vein the Network has partnered with the profession to offer a series of Continuing Professional Development (CPD) opportunities. The John Bray Law Alumni hosted a very entertaining and enjoyable evening at its inaugural sold out ‘In Conversation’ event, featuring Annabelle Crabb and Christopher Pyne, interviewed by Anthony Durkin. Hosted by the John Bray Law Alumni Network, it brought together two University of Adelaide law alumni who have excelled in their respective fields.

Outreach at Adelaide Law School

Mr Geoffrey Robertson AO, QC (founder and joint head of Doughty Street Chambers, UK) presented the 2019 John Bray Oration.

Named in honour of the late Chief Justice John Jefferson Bray, Mr Robertson reflected on Dr Bray's influence on him when he was a law student. Mr Robertson drew on his own work returning Aboriginal remains from British museums and advising the Greek government over the Parthenon Marbles to ask who owns the past?

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Sir Samuel Way Display During 2019, The Adelaide Law School celebrated the history, legacy & philanthropy of Sir Samuel Way and his role in the legal profession in SA with a display inside The Piper Alderman Moot Court.

Outreach at Adelaide Law School

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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.

Hon David Bleby QC

Gilchrist Connell

Paul Leadbeter

Hanson Chambers

Peter Leech

Howard Zelling Chambers

Hon Christopher Legoe QC

HWL Ebsworth

Mrs Ellice Ruth and Professor Horst

Johnson Winter and Sla ery

Lucke

Law Society of South Australia

Hon Jus ce Melissa Perry

Lipman Karas

NG Rochow SC

Liptak Lawyers

Andersons Solicitors

Minter Ellison

Australian Ins tute of Administra ve

Nicholls Gervasi

Law Norman Waterhouse Commercial and Legal PGC Legal Cowell Clarke Piper Alderman Dentons Fisher Jeffries SA Bar Associa on Duncan Basheer Hannon Sheahan Lock Partners Edmund Barton Chambers The John Bray Law Alumni Network EMA Legal Thomson Reuters Finlaysons

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Contact Us Edited and compiled by Kerrin Maratos, Associate Professor Peter Burdon and Professor Bernadette Richards Adelaide Law School The University of Adelaide ADELAIDE AUSTRALIA 5005 Phone: (08) 8313 5063 Email: lawenquiry@adelaide.edu.au

CRICOS provider code 00123M

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