Adelaide Law School: Research, Learning and Teaching Report 2020

ADELAIDE LAW SCHOOL

RESEARCH, LEARNING AND TEACHING REPORT 2020

Contents Welcome from the Dean

03

RESEARCH Research Overview Research Units SA Law Reform Research Grants

04 05 06 14 19

LEARNING AND TEACHING Teaching Overview Teaching Awards Teaching Grants Bridging the Gap for our International Students Lex Salus Next Steps seminar events International Programme at Adelaide Law School Clinical Legal Education Associate Teacher Programme Internships Programmes Mooting Undergraduate Teaching Highlights Undergraduate Student Achievements Postgraduate Teaching Postgraduate Teaching Highlights What’s new in PG Teaching 2020 Postgraduate Research PhD completions Scholarships Annual Prize Ceremony - 2020 Winners Outreach John Bray Law Alumni event

20 21 22 23 23 24 25 27 28 32 33 40 42 44 45 42 48 49 51 51 52 54 54

SPONSORS

56

CONTACT INFORMATION

57

2 Adelaide Law School - Research, Learning and Teaching Report 2020

Welcome from the Dean The Adelaide Law School is very proud of its achievements and outcomes. I take great pleasure in introducing the 2020 Adelaide Law School Research, Learning and Teaching Report. This report details the many and diverse staff and student activities and achievements for the 2020 academic year.

Of course, as for everyone else, 2020 presented the Adelaide Law School with unique challenges. The year commenced with a highly successful study tour to the U.K. Little did we know how quickly the world was about to change. We are incredibly fortunate that academics and students worked together to facilitate the rapid shift to online education as the University went into shut down early in Semester 1. By the beginning of Semester 2 Professor Melissa de Zwart we were lucky to return to campus, continuing in a blended mode for students unable to return to Adelaide.

Our research continued from wherever we were based with major projects benefitting from the use of remote conferencing and the continued support of the Law Library.

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 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 continue to be reflected in our teaching, research and outreach activities.

The Adelaide Law School has a vital network of relationships with the broader University community, practitioners, judges and alumni, and friends and collaborators worldwide. All of these relationships were strengthened during the pandemic. I would like to thank the supporters of the Adelaide Law School for this engagement and contribution to our research, teaching and outreach success. I would also like to thank and commend our wonderful professional and academic staff and students for their energy, enthusiasm and excellence despite the difficulties of 2020.

3 Adelaide Law School - Research, Learning and Teaching Report 2020

Research at Adelaide Law School

4 Adelaide Law School - Research, Learning and Teaching Report 2020

Research Overview It is difficult to write anything about 2020 and open with anything but a statement about what an exceptional and challenging year it was. The unique nature of the year meant that maintaining our research profile was exceptionally difficult with much of our energies focussed on moving to online teaching, supporting our students and supporting each other. In my role as Associate Dean Research I was incredibly proud to see that we all met these challenges and our publication record remained steady in both quality and quantity.

Associate Professor Bernadette Richards Associate Dean Research

Whilst we were not able to continue with the Staff Seminars in 2020 we continued our research discussions and support and submitted a record number of grant applications. We continue to operate as a supportive community of scholars with our diverse range of research and collaborations. Our research is recognised at both a national and international level and our scholars are involved in a diverse range of topics including: 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.

Our research output was consistent in 2020 and we are optimistic that it will once again increase in 2021. All members of Adelaide Law School work consistently to create high quality output and to establish (and maintain) a supportive and collegiate environment. This is my final report in my role as Associate Dean Research and I would like to say how proud I am of the amazing and interesting work undertaken by researchers here at the Law School and the resulting significant contribution that our scholars make to the broader body of scholarly legal research. Our research activity is set out in more detail in the following series of summary reports from our Research Units and groups.

5 Adelaide Law School - Research, Learning and Teaching Report 2020

Research Units Public Law & Policy Research Unit (PLPRU) - Dr Anna Olijnyk, Associate Professor Laura Grenfell and Associate Professor Lorne Neudorf 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.

Research Unit on Military Law and Ethics (RUMLAE) – Professor Dale Stephens / Professor Melissa de Zwart 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) - Dr Alex Wawryk / Associate Professor Peter Burdon 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)- Associate Professor Bernadette Richards / Professor Paul Babie 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) – Professor Chris Symes /Associate Professor David Brown Brings together a range of scholars working in areas critical to the promotion of a fair and prosperous society.

6 Adelaide Law School - Research, Learning and Teaching Report 2020

Research Unit for the Study of Society, Ethics and 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. As we are all aware, 2020 represented significant and unique challenges and this meant that we did not have an annual oration and our research outputs were generally lower than in the past.

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 also completed her tenure as the Chair of the Mitochondrial Donation Expert Working Committee which culminated an the completion of an expert statement 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.

Associate Professor Bernadette Richards appointed as Adjunct of the Australian Centre for Health Law, QUT.

© University of Adelaide 2015. All rights reserved.

7 Adelaide Law School - Research, Learning and Teaching Report 2020

Public Law and Policy Research Unit (PLPRU) In 2020, PLPRU was led by Director Anna Olijnyk and Deputy Directors Laura Grenfell and Lorne Neudorf. COVID-19 limited the number of face-to-face gatherings/events hosted by PLPRU but members nonetheless enjoyed engaging and collaborating with each other on various projects.

PLPRU was able to co-host two events. In February, PLPRU co-hosted the Public Law in the Classroom Workshop at the University of New South Wales: an ever-popular annual gathering which attracted approx. 60 public law teachers from around Australia. This workshop is a joint effort with UNSW’s Gilbert + Tobin Centre for Public Law and Monash University’s Castan Centre for Human Rights Law. In May, PLPRU co-hosted a virtual roundtable of experts as part of the Australian Human Rights Commission’s National Conversation on Human Rights. The Roundtable focussed on the research published in Lawmaking and Human Rights (Thomson Reuters, co-edited by Laura Grenfell and Julie Debeljak). This major new collection was launched in Sydney following the Public Law in the Classroom workshop in February.

The response of governments to the pandemic raised a wealth of public law issues with which PLPRU members engaged swiftly. PLPRU made two major submissions to parliamentary inquiries on government responses to COVID-19: i) the Senate Select Committee on COVID-19, and; ii) the South Australian Parliament Inquiry on COVID-19. These submissions were genuinely collaborative efforts, pooling the expertise of PLPRU members. Individual PLPRU members contributed to monitoring and evaluating government in various ways, including by making individual submissions to specific parliamentary and royal commission inquiries, presenting webinars, writing blogs, and providing media commentary.

PLPLRU continued its series of case discussions of recent High Court cases. A pre-lockdown highlight was a lively discussion of Love v Commonwealth in March.

This was one of our last opportunities to gather in a café in a big group! In June, we had a very different but no less enjoyable Zoom discussion of the Palace Papers case.

In 2020 PLPRU members published many high quality papers and edited books including Comparative Reflections on the Constitutional Models of India and Australia (Lorne Neudorf et al eds) and Lawmaking and Human Rights (Grenfell and Debeljak eds).

PLPRU’s activities and discussions this year were much enhanced by the contributions of newer members who are HDR students. The Law School now has a considerable cohort of postgraduate students researching public law topics, and it was wonderful to have the benefit of their diverse insights.

8 Adelaide Law School - Research, Learning and Teaching Report 2020

The Research Unit on Military Law and Ethics (RUMLAE) The Adelaide University Research Unit on Military Law and Ethics (RUMLAE) 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.

Key Ongoing Projects: Woomera Manual on The International Law of Military Space Operations, The Law of Naval Warfare, IHL Compliance, The ADF and Criminal Justice System, Defence Procurement Law and Policy, Space Law and the Domestic Regulatory System, Information Warfare and the Law of Armed Conflict and Operational Commercial Law. RUMLAE members continued to be heavily engaged in the Woomera Manual Process with a plenary meeting held in Canberra early in 2020. The final draft of the Manual started to take shape in 2020 with a comprehensive peer review process having begun and with State Engagement (hosted by the Dutch Government) planned for late 2021.

Woomera Manual team

Professor Dale Stephens Presentations: Prof Dale Stephens (with Prof Jack Beard - University of Nebraska): ‘There’s a Whole Lot of Jammin’ Goin’ on in Space’, Presentation to US Space Information Sharing and Analysis Center, Oct 2020.

The Woomera Manual and International Law, UK Royal Air Force (Virtual) Conference, September 2020.

Prof Dale Stephens & Prof Melissa de Zwart, ‘Military Space Operations and International Humanitarian Law’ Australian Red Cross, July 2020.

Engagement Network Advisor, Ms Elliette Kirkbride). Video can be viewed: https:// vimeo.com/445084351.

Oxford University/ University of Adelaide/ Indiana University Forum on IHL Compliance (https:// www.law.ox.ac.uk/content/oxford-forum-international-humanitarian-law-compliance)

9 Adelaide Law School - Research, Learning and Teaching Report 2020

The Research Unit on Military Law and Ethics (RUMLAE) Dr. Colette Langos Presentations: February 19, 2020, Langos, C. (2020). Australian Defence Procurement: Snapshot of the Law and Policy Landscape, George Washington Law School, Washington D.C., United States.

Participation in George Washington Law School film re Procurement Practice and the Law presenting on Australian Procurement in a Defence context to be used as part of a comparative law component of LLM in Government Procurement Law Program.

Related News: Appointment to Number 24 Squadron EDN as Legal Officer, Royal Australian Air Force.

Dr Collete Langos - George Washington University (D.C. USA), Presentation: Australian Defence Procurement: Snapshot of the Law and Policy Landscape.

10 Adelaide Law School - Research, Learning and Teaching Report 2020

The Research Unit on Military Law and Ethics (RUMLAE)

A/Prof Matthew Stubbs Presentations: ‘The Legal Context for Orbital Debris’ (Presentation at the University of Washington Space Policy and Research Center 2020 Symposium November 2020). Picture above.

Kellie Toole Presentations: Conference paper on the connection between military service and criminal offending at the Criminal Law Workshop in Auckland NZ in February 2020.

Co-delivered with RUMLAE Associate, Dr Elaine Waddell, an international webinar on the connection between military service and criminal offending for ASCN (NZ)’s Working Roundtable Program on Military, Veterans and Families Wellbeing in March 2020.

In late 2020/early 2021, Kellie and Elaine joined with The Open Door: Veteran Transition Integration Wellbeing research initiative at the Flinders University of South Australia to expand the study. The Open Door has been contracted by the Department of Veterans’ Affairs (DVA) to undertake the first national study of veterans who have contact with the criminal justice system in Australia. The study will involve surveys and interviews with veterans who have spent time in prison or on community-based sentences in South Australia, New South Wales and Queensland. The research will investigate the needs of veterans in the community and in prison, and make recommendations to DVA, the ADF and correctional services in each state, on policies, strategies and support services to help reduce offending and reoffending within the veteran community.

11 Adelaide Law School - Research, Learning and Teaching Report 2020

Environment and Natural Resources Law Research Unit (ENREL) Environmental and Natural Resources Law Research Unit (ENREL) is managed by Dr Alex Wawryk and Associate Professor Peter Burdon.

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.

Dr Kerryn Brent participated in the following submissions and reports: Review into the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) (with Paul Babie, Peter Burdon, Paul Leadbeter, Marg Castles, Alex Reilly, and Alex Wawryk); Review of the Offshore Clean Energy Regulatory Framework submission (with Dr Alex Wawryk and Marg Castles) and a review into the Planning, Development and Infrastructure Act 2016 (SA), The New Planning System and Climate Change – submission to the Legislative Review Committee (Petition 2 of 2020) (with Paul Leadbeter).

Associate Professor Peter Burdon lead a consultation with the Kaurna peoples and the Adelaide and Mount Lofty Ranges Natural Resources Management Region on the feasibility of recognizing the Torrens River as a single legal entity with rights.

The consultation culminated in a report which was co-authored with ENREL called “Torrens Governance Reforms.”

Marg Castles led a written submission to Primary Industries and Regions SA on behalf of multidisciplinary team of lawyers/scientists and stakeholders on Pastoral Land Management and Conservation Act 1989 (SA) amendments.

Paul Leadbeter is a member of the State Commission Assessment Panel, a Councilor on the Board of the National Trust of South Australia and he has provided advice to the Protect Our Heritage Alliance. He is also a member of the Tatiara Water Allocation Plan Stakeholder Advisory Group.

12 Adelaide Law School - Research, Learning and Teaching Report 2020

Regulation of Corporations, Insolvency and Taxation (ROCIT) The Co-Directors are Professor Christopher Symes and Associate Professor David Brown.

ROCIT exists as a hub for the research and scholarship activities of corporate and commercial law academics at Adelaide Law School to engage in publication, seminars and conferences and outreach activities, submissions to Government, and in particular to interact with the local, national and international legal and finance professionals and Government. In particular, ROCIT hosts a number of annual events including a Bankruptcy Forum, and Tax Day, and in 2020 hosted a number of online research fora for academics and HDR students.

Prior to 2011, the focus of the original Research Unit (BILS) was on Bankruptcy and Insolvency. ROCIT came into existence to represent the broader range of scholarship in the Adelaide Law School across not only insolvency, but taxation, corporate governance and related commercial law and policy.

Since 2019 ROCIT Unit has been complemented by the inclusion of a Commercial Law Research Group. convened by Dr Mark Giancaspro, which has as its focus the related private law areas of commercial and contract law, private international law and property law.

2020 Personal Insolvency Forum

13 Adelaide Law School - Research, Learning and Teaching Report 2020

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.

CLASS REPORT: LAW REFORM 2020 (and Law Reform Honours) Law Reform is a selective elective linked to the Law School’s Honours program that is open only by invitation based on student GPA. The 2020 class had 24 students.

There were three Honours students in the class. The class examines the law reform process and context and complete a literature review in semester 1 and a research essay in semester 2. A student usually selects a topic linked to a current, forthcoming or potential SALRI reference. Students are encouraged to try and publish their final essay.

The Law Reform class plays a valuable role to inform and support SALRI’s work, especially as background research for a Report. The 2020 class, as with past classes, demonstrated strong aptitude, interest and commitment. Past students have seen their work directly contribute to major law reforms. SALRI’s practice is to hire former Law Reform students as paid RAs on a reference when the opportunity presents itself.

The course benefits from an impressive range of guest speakers from Government, politics, the community and legal practice who discuss various aspects of the law reform process and context. The 2020 guest speakers included the Hon Geoff Muecke (former Chief Judge and regular contributor), Professor John Williams (SALRI Director), the Hon Vickie Chapman (Attorney-General), the Hon John Rau SC (former Attorney-General), the Hon Robert Lawson QC, (former AttorneyGeneral), Justice Chris Bleby, Reece ‘Serge’ Fursay (Crown Solicitor’s Office), Mark Herbst (Office of Parliamentary Counsel), Skye Kakoschke-Moore (former Senator and policy officer at PurpleOrange), Claire Morgan (Legislative Services) Taylor Johnason (Aboriginal Legal Rights Movement), a leading elder from the Aboriginal community, Jemma Holt (SA ODPP and Tasmanian Law Reform Institute) and former Law Reform students now in practice.

The 2020 students selected a range of topical issues including: 1. Social media, modern juries and the right to a fair trial.

2. The role and operation of powers of attorney, capacity and remedies to address abuse.

3. Witness competence to testify.

4. Vulnerable parties in the justice system.

5. Intermediaries or Communication Partners to assist vulnerable parties.

6. The definitions of rape and consent and issues arising.

14 Adelaide Law School - Research, Learning and Teaching Report 2020

SA Law Reform 7.

Gender fraud and consent in sexual offences.

8.

Police powers of electronic investigation (online child sexual abuse.

9.

Gay conversion ‘therapy’.

10. Judicial retirement age.

11. Prosecution disclosure of digital records held by victims.

12. Microboards to support persons with disability.

13. Recognition of Aboriginal kinship in Australian succession laws.

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

https://

The Law Reform class and Prof John Williams and Dr David Plater (SALRI) thank Pat Waria-Read, Margie Callaghan and Taylor Johanson (ALRM) for their guest lecture on modern law reform and social justice for Aboriginal communities and respectful consultation.

Justice Chris Bleby spoke to the Law Reform class about legal study and practice, and the future of law reform. Our thanks to Justice Bleby for a great presentation to finish the Law Reform year!

15 Adelaide Law School - Research, Learning and Teaching Report 2020

SA Law Reform

The South Australian Law Reform Institute based at the Adelaide University Law School and the Litigation Law Unit in February 2020 jointly hosted an all day research workshop on vulnerable witnesses, witness competence and access to justice for persons with disability. Special thanks to Professor Jon Doak from Nottingham Trent University for kindly attending from the UK.

The Attorney-General, the Hon Vicki Chapman, visited the Adelaide Law School and met the Law Reform class before speaking of her role as Attorney and lawmaking. Thanks for a great guest lecture!

The Law Reform class and Dr David Plater thank the Hon Geoff Muecke for a typically erudite guest class on the judicial role in law reform!

16 Adelaide Law School - Research, Learning and Teaching Report 2020

SA Law Reform

Dr Sylvia Villios, Dr David Plater, Dr Gabrielle Golding and Anita Brunacci visited Berri as part of the SA Law Reform Institute's Powers of Attorney reference. SALRI was made very welcome and thanks to all who took part.

The Law Reform class thanks Reece ‘Serge’ Fursa for his erudite talk about the vital role and work of the Crown Solicitor’s office.

17 Adelaide Law School - Research, Learning and Teaching Report 2020

SA Law Reform

A special thanks from SALRI, Dr David Plater and the Law Reform class to Skye Kakoschke-Moore (former Senator) for her inspiring comments on her work in the disability sector, legal education and law reform and the future prospects for law reform.

The Law Reform class thank Mark Herbst (Parliamentary counsel), Reece 'Serge' Fursa (Crown Solicitor's Office) and Vaishnavi Rajarmanan (recent Federal court associate) for their great talks today on their roles and law career options.

18 Adelaide Law School - Research, Learning and Teaching Report 2020

Research Grants 2020 Dr Kerryn Brent - ARC Discovery Grant, in conjunction with former colleagues at UTAS. Kerryn is the Chief Investigator on the Grant and it is administered by UTAS. The project title is “Governing solar radiation management research, development and deployment.” ($246,805).

Associate Professor Laura Grenfell - Law Foundation of SA Inc, (2020) “‘To Detain… a Protected Person’: Understanding and Addressing the Implications of The Public Advocate v C, B for the SA Legal System and Care Providers”, (with Dr Esther Erlings, Flinders Uni) ($25,962).

Associate Professor Anne Hewitt of Adelaide Law School and Dr Craig Cameron of Griffith Business School whom have been awarded a Work Integrated Learning (WIL) Research Grant for ‘Facilitating student engagement with WIL ($10,000).

Associate Professor Bernadette Richards NHMRC Ideas Grant, 'The algorithm will see you now: ethical, legal and social implications of adopting machine learning systems for diagnosis and screening.' Bernadette is the Chief Investigator. ($823,476).

Associate Professor Bernadette Richards, Australian Research Council Discovery Grant, ‘Medical Device Representatives: Implications for Australian Hospitals.’

Bernadette is the Chief Investigator. ($311,000).

19 Adelaide Law School - Research, Learning and Teaching Report 2020

Learning and Teaching at Adelaide Law School

20 Adelaide Law School - Research, Learning and Teaching Report 2020

Teaching Overview

Professor Paul Babie Associate Dean Learning and Teaching

It goes without saying that 2020 presented unique challenges to universities everywhere. It is a testament to the resilience of our Law School that while we faced a global public health crisis, our community nonetheless came through the year with significant achievements and accomplishments. Moving quickly to re-deploy our teaching resources to the online environment, our vibrant community remained a place where both faculty and students were recognised with numerous grants, awards and prizes. I hope you will join me in celebrating the successes recounted in these pages, demonstrating the strength of the Adelaide Law School in work-integrated learning, clinics, internships, national and international study tours, and ‘next steps’ events that enhance career readiness for our graduates.

With the inspiring 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 faculty members and professional staff of the Adelaide Law School. Special thanks are due to Kerrin Maratos, Academic Support Officer, for compiling this report, and those faculty members who responded when asked for their contributions.

Finally, a special note of thanks to Peter Burdon, who was the Associate Dean of Learning and Teaching in 2020. In what will no doubt be remembered as one of the most difficult years in which to deliver a teaching program, Peter ensured not only that the program was delivered according to the high standards for which the Adelaide Law School has come to be known, but he did so with skill and grace. We thank Peter and wish him well as he moves into a new portfolio as Deputy Dean of Law.

21 Adelaide Law School - Research, Learning and Teaching Report 2020

Teaching Awards Executive Dean Awards, Faculty of the Professions, The University of Adelaide Employability Award Team: Associate Professor Laura Grenfell, Associate Professor Anne Hewitt, Ms Cornelia Koch.

Equity, Diversity and Inclusion Dr Gabrielle Golding

Online Learning Award Dr Gabrielle Golding Student Learning and Teaching, in the category of Student Centred Learning.

Dr Mark Giancaspro

University of Adelaide Teaching Awards Special Commendations – COVID 19 Emergency Teaching Response Dr Mark Giancaspro Adelaide Law Clinics Supervising Solicitors Team (Dr Ross Savvas, Ms Skye Schunke, Mr Patrick Wille) Australian Constitutional Law Teaching Team (Dr Anna Olijnyk, Ms Cornelia Koch) Adelaide Law School COVID Warriors Team (Associate Professor Matthew Stubbs, Associate Professor Peter Burdon, Mrs Corinne Walding, Ms Panita Hirunboot) Outstanding Achievement award for ‘A Connected and Enriched Community: An award for an academic or professional staff member or team for promoting a diverse and inclusive culture.’

Congratulations to A/Prof Laura Grenfell and the Embedding Indigenous Knowledge’s Law School team (Margaret Castles, A/Prof Matthew Stubbs, Dr Francesco de Zwart, A/Prof Peter Burdon, Dr Anna Olijnyk, A/Prof Anne Hewitt, Kellie Toole, Prof Alexander Reilly, Dr David Plater and Cornelia Koch.

22 Adelaide Law School - Research, Learning and Teaching Report 2020

Indigenous Mural

Teaching Grants 2020 Anne Hewitt - Law Foundation grant - A578-9.20 - to support native title internships scholarships. The grant was secured by me, Brendan Grigg (Flinders) and Sarah Moulds (UniSA) ($6600) Cornelia Koch, Associate Professor Matthew Stubbs, Learning Development Grant, Faculty of the Professions, Project: ‘Design of blended learning tools and assessment to enable flipped learning pedagogy in Principles of Public Law’, ($2435).

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 social gatherings, where international students can mingle in an informal setting and exchange experiences. 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

23 Adelaide Law School - Research, Learning and Teaching Report 2020

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.

2020 was a challenging year with the rapid shift to online teaching and academic activities. While this disrupted many of our planned activities, Lex Salus was able to adapt to this change and offer a variety of online activities and resources to try to keep the law school community connected during a very turbulent time. The exploits of Ellie the Labradoodle (Adelaide Law School’s mascot) was regularly featured on our Social media sites.

Dr Gabrielle Golding led weekly Wednesday Wind Down sessions, providing an online mindfulness meditation class for staff and students.

The Lex Team also collected photos and videos from staff members sharing their experiences working from home as well as tips for students studying in an online learning environment. To further support students who were struggling with this transition, we engaged a psychologist and former law student, Fergus McPharlin, to prepare a podcast, ‘Tips for Preparing for Law Exams from a Psychologist’ which was accessed widely on our social media pages. You can access our social media pages here: Twitter: https://twitter.com/Adel_Law_School Facebook: https://www.facebook.com/AdelaideLawSchool Linked in: https://www.linkedin.com/company/adelaide-law-school/

Adelaide Law School Social Media followers were regularly informed on what Ellie was getting up to in #iso (Adelaide Law Schools official Lex Salus mascot for health and wellbeing) . Ellie is pictured receiving a new toy to keep her occupied. This quickly become her favourite toy.

24 Adelaide Law School - Research, Learning and Teaching Report 2020

The Next Steps’ Events for our Law Students to start their career The Adelaide Law School’s Next Steps Program is a career readiness initiative coordinated in 2020 by Associate Professor Laura Grenfell and Dr Gabrielle Golding. The program exposes students to the vast array of opportunities available to them beyond Law School, as well as how to develop skills to enhance employability in their field of interest.

During 2020, Next Steps saw a variety of sessions run to support students, notwithstanding the disruptions that the Coronavirus pandemic caused.

Dr Golding and Associate Professor Grenfell presented to first year Law students about the program’s offerings at the First Year Induction Day both at the commencement of the year, as well as for those students joining mid-year.

(L – R) Dr Golding, Will Snow (Finlaysons), Amy Nikolovski (Duncan Basheer Hannon) and the Honourable Chief Justice Kourakis (Supreme Court of South Australia) comprised the Next Steps Panel of Experts in October 2020, speaking on the topic: ‘maintaining integrity at work’.

In March, an interactive session on ‘how to get practical legal experience during your Law degree’ with student panellists was held in the Moot Court.

During September, a session on CV and cover letter writing was hosted with HR professionals Daniel Snaden and Jodie de Vries (Crown Solicitors Office), and Vanda Mutton (MinterEllison), explaining to students the tips and traps of drafting a legal job applications for their respective organisations.

In October, in response to the growing concern of the prevalence of sexual harassment in the legal profession, Dr Golding joined the Honorable Chief Justice Kourakis (Supreme Court of South Australia), Amy Nikolovski (Duncan Basheer Hannon) and Will Snow (Finalysons) to speak on the topic of ‘maintaining integrity at work’.

The #MeToo movement and recent reporting of sexual harassment findings against former High Court Judge, Dyson Heydon, have underscored the immense challenges the legal profession faces in addressing these sorts of issues. The panel engaged students in an open and honest dialogue on these matters, addressing how they have impacted the legal profession, including as what can and should be done by students going forward to bring about positive change.

Notably, the impact of this seminar found its way into South Australian parliamentary debate in the same week. The discussion was recognised as a meaningful contribution to the passing of a motion to instigate an independent inquiry by the Equal Opportunity Commissioner into the prevalence of harassment, including xxxxxx 25 Adelaide Law School - Research, Learning and Teaching Report 2020

The Next Steps’ Events for our Law Students to start their career sexual harassment, in the legal profession in South Australia.

The final Next Steps event for 2020 was on the topic of ‘pursuing a legal career in the wake of a pandemic’. Dr Golding hosted Emily Mortimer (Piper Alderman) and Molly Stephens (Piper Alderman) for an interactive Q&A session via Zoom where Emily and Molly fielded various questions regarding career challenges and opportunities students may face during and beyond the Coronavirus pandemic.

26 Adelaide Law School - Research, Learning and Teaching Report 2020

International Program at Adelaide Law School

Our Japanese Law Students from Meiji Gakuin University in Tokyo visited MinterEllison, Adelaide's largest law firm.

In a new international program, Adelaide Law School partnered with Meiji Gakuin University in Tokyo, Japan, to enable ten Japanese law students per year to spend one semester at the University of Adelaide.

The 2020 student cohort spent the last three weeks of their language and legal studies study tour learning about law from an Australian perspective and about Australian legal and University culture, including excursions to the law firm MinterEllison https://law.adelaide.edu.au/news/list/2020/02/04/japanese-lawstudents-visit-minter-ellison-legal-and-consulting, the South Australian Courts (SC, DC, Mags) https://law.adelaide.edu.au/news/list/2020/02/04/a-day-at-the-southaustralian-courts-for-our-japanese-law-students, the Parliament of South Australia https://law.adelaide.edu.au/news/list/2020/02/11/meiji-gakuin-students-visit-theparliament-of-south-australia-and-parliament and the University of Adelaide Library and Law Library.

Students learnt about such diverse ‘oddities’ as the 17th century inspired clothing that judges and barristers wear, the peculiar beast that is the European Union and the question whether space tourists classify as astronauts.

We have learnt a lot from you too, from the Japanese legal system to the real life existence of sushi trains in Japan!

27 Adelaide Law School - Research, Learning and Teaching Report 2020

Clinical Legal Education in 2020 The University of Adelaide Clinical Legal Education Program operates 5 free legal advice services providing law 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. Dr Beth Nosworthy manages the Entrepener Venture Advice Clinic, providing 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.

Community Legal Advice Clinics Margaret Castles Director CLE program

CLE program offers 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) as part of the Law School’s community service commitment.

Operating 1 day per week, Adelaide Legal Outreach Service has for 15 years been co located at Westcare Baptist Centre in Wright Street Adelaide. In 2020 ALOS moved firstly to remote online service delivery, and then to premises in the Law School, as a consequence of COVID. . 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, Magistrates Court Legal Advice Service 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. MCLAS also operated remotely via Zoom for the first half of 2020, but was able to return to face to face service at the Magistrates Court in August 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. The service liaises closely with the Commission, and offers triage services as well as advice for potential EOC claimants. EOCLAS also operated online for much of 2020, and will be moving into cc

28 Adelaide Law School - Research, Learning and Teaching Report 2020

Clinical Legal Education permanent premises in the Law School in 2021.

In 2019 the closure of the Welfare Rights Service prompted us to start a fourth community clinic service, at the Administrative Appeals Tribunal. Each semester six students attend one day per week to provide advice to claimants in centrelink and NDIS appeals. Originally co located at the AAT, this clinic has also moved to premises at the Law School.

The Entrepreneur and Venture Advice Clinic (EVAC) co-located at the ThinkLab business hub in the University, where 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.

With the exception of EVAC, our clinics operate throughout the year, with reduced operation during University breaks.

Our supervising solicitors Ross Savvas (ALOS and AAT) Skye Schuncke (EOCLAS and AAT) and 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 course focusses on client interviewing, effective law office management, legal ethics, written expression, and developing professional practice skills.

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.

In 2020, a year of significant upheaval for the legal profession and the community, students worked on projects about harassment and bullying in the law, developed an outreach program to Port Augusta in the north of SA to bring our services closer to remote communities, produced a mediation video for use by the courts in SA, and provided audio visual and online resources for clients during COVID lockdown. We were able to do this because the Law Foundation of SA generously supported us with a grant to purchase necessary technology to move from face to fact to electronic operations.

29 Adelaide Law School - Research, Learning and Teaching Report 2020

Clinical Legal Education It is of considerable credit to our supervisors and students that we managed to keep our services operating when COVID resulted in the shutdown of so many other services in March 2020. Initially we switched to online platforms for interviewing, we translocated all of our files to an electronic data base, and worked remotely from each other. In second semester we were able to relocate three of our services to the law school for the remainder of the year. The extraordinary commitment and effort of our supervisors, Ross Savvas, Skye Schunke and Patrick Wille was acknowledged by a Covid Teaching Award from the University.

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 firms Cowell Clarke and O’Loughlins Lawyers in it’s their partnership with EVAC. We also receive substantial in kind support from the Magistrates Court of SA; the Equal Opportunity Commission; the Administrative Appeals Tribunal, and Westcare Baptist Centre.

CLE in Port Augusta

30 Adelaide Law School - Research, Learning and Teaching Report 2020

Clinical Legal Education Legal problems don’t go away in a pandemic. Adelaide Law School offers free Law Clinics to the public. EOCLAS, AATLAS, and ALOS operated out of a special room in the Adelaide Law School library during Semester 2 and offered phone appointments. We have learned since Covid 19 that providing legal advice no longer needs to be limited to metropolitan Adelaide.

31 Adelaide Law School - Research, Learning and Teaching Report 2020

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.

Senior Lecturer Dr Colette Langos Sessional Staff Coordinator and Associate Teacher Program Coordinator

A special acknowledgement must be made to the sessional staff members who adapted to online teaching throughout 2020. Using zoom as a new teaching platform provided us with some challenges, but also with great opportunities such as revisiting teaching methodology, learning news technical skill sets and thinking deeply about engagement strategies. It has been incredibly impressive to see how quickly seminar leaders at the Adelaide Law School embraced the new teaching and learning forums by way of online seminars and workshops.

A great deal of time, energy and thought was spent working out how best to offer students a valuable virtual learning experience. In addition, it was evident that teachers displayed a great deal of empathy, a quality which students appreciated more than ever in light of COVID-19-related circumstances.

With this said I want to thank all of the sessional staff members of 2020 and those re-joining/joining us for 2021. Your ability to connect with students in new ways via virtual 'classroom', 'breakout rooms', 'whiteboards', 'chat box messaging' (usually a combination of all!) to facilitate deep learning will be appreciated by students across courses. Teachers and students alike are presented with a plethora of opportunities for continuing development in this area.

32 Adelaide Law School - Research, Learning and Teaching Report 2020

Adelaide Law School Internship Programmes Gaining first-hand legal experience: Internship courses at the Adelaide Law School 1. The Human Rights Internship (est 2002) 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. In 2020 these internships included remote internships with the Australian Human Rights Commission.

2. The Native Title Internship (est 2008) 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) (est 2009) 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 2020 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 Solicitor-General’s Office, The SA Attorney General’s Department (Legislative Services Unit), The SA Office of Parliamentary Counsel, The SA Office of the Public Advocate, the SA Department for Environment and Water, the Commonwealth Ombudsman, the SA Training Centre Visitor Unit and the Office of the Director of Public Prosecutions.

4. Legal Practice Internship (est 2020) Interns in the LPI undertake a placement in a law firm, chambers, government department or other office providing legal services. Students so far have undertaken their internships at offices in South Australia including SA Water, Minter Ellison, Doconade Adelaide Lawyers, Gordon Cheng Barrister, Solicitor and Notary, Camatta Lempens Pty Ltd Lawyers, Sedsman Legal, Stewart-Rattray Lawyers, Wright Chambers, Shop Distributive & Allied Employees Association, Finlaysons Lawyers and Thomson Geer. There have also been international placements in Canada and Sri Lanka.

5. Law Research Internship (est 2020) Students undertake applied legal research on a real-world project. In 2020, student researchers participated in the Space Security Index project (with Canadian NGO Project Ploughshares), projects for the Cyber Security CRC, and a virtual internship with the International Committee of the Red Cross.

33 Adelaide Law School - Research, Learning and Teaching Report 2020

Legal Practice Internship Students enrolled in our Legal Practice Internship gain invaluable experience.

The Law School ran a pilot Legal Practice Internship over the summer semester 2020.

The internship provided a great opportunity for students who had secured part-time work or a summer clerkship to combine their practical experience with university study. For their assessment, they created podcasts and reports that will help other students to understand and settle into legal practice.

Tabitha MacKenzie's summer placement is being converted into an ongoing position. She will start as a law clerk and when she is admitted to practice in July will continue in the office as a 1st year solicitor. She says 'I am very very happy with the outcome. I seriously believe that the opportunity to do this internship is what has lead to this amazing opportunity, so thank you to all involved in the creation of this unit.'

Steven Slimmings, Chloe Welling and Angelica Bollella volunteered their time to talk to the students enrolled in Legal Practice Internship for semester 1. Their advice on legal research, office politics, and even dress code was invaluable for helping the next cohort to feel confident about starting their placements. The current students are undertaking positions with criminal barristers, commercial firms, and within the union movement so they will have varied and fascinating experiences to share over the coming semester.

Further information can be found: https://law.adelaide.edu.au/intranet/news/ list/2020/03/03/students-enrolled-in-our-legal-practice-internship-gain-invaluableexperience

Angelica Bollella, Chloe Welling and Steven Slimmings 34 Adelaide Law School - Research, Learning and Teaching Report 2020

Human Rights Internship Last summer, before COVID19, I was able to undertake a ten-week human rights internship at the Socio-Legal Centre of the Human Rights Law Network (‘HRLN’) in New Dehli, India, as part of the Law School’s Human Rights Internship Programme. HRLN is an NGO that offers pro bono legal aid to marginalised individuals, with branches in all 24 states of India.

As an intern, I worked on a range of human rights issues, including police brutality Photo: Maithili Mishra (left), Md. Mustafa (middle), and Nabila against university students Hasan (right- advocate at HRLN). and peaceful protestors, statelessness, communal riots in North East Delhi, untouchability and manual scavenging, trafficking and slavery, acid attacks, housing rights, reproductive rights, LGBTQI rights, and sex-worker rights.

Read more about Maithili’s experience: https://law.adelaide.edu.au/intranet/news/ list/2020/06/16/maithili-mishra-human-rights-internship-in-india

Native Title / Aurora Internship Emma Lewis undertook her internship at the Aboriginal Family Law Services in Geraldton, Western Australia in February 2020.

“During my first week the managing solicitor and solicitor took time out of their busy schedules to explain the unique aspects of WA family law and legislation. During the internship the family Circuit Court was held in Geraldton, which provided a unique experience observing court protocols and differing cases. Other work included research for upcoming cases, writing a range of letters and sitting in on client interviews. The Ochre Ribbon Event also occurred during my Internship. I aided the AFLS in organising the event which was a success in raising awareness for Domestic Violence within the Aboriginal Community”.

“This unique hands on experience has allowed me to learn new skills specifically related to Aboriginal family law issues. Being able to shadow the AFLS lawyers has provided unique hands on experience, and an opportunity to work with and understand the legal issues that the wider Aboriginal community face within the Australian legal system”. Read more: https://law.adelaide.edu.au/intranet/news/ list/2020/04/20/emma-lewis-shares-her-aurora-internship-experience-at-aboriginalfamily-law

35 Adelaide Law School - Research, Learning and Teaching Report 2020

Law and Justice Internship

April Zimmerman undertook her Magistrates Court

Law and Justice Internship at the Adelaide

“The supportive, busy and, erudite environment was a truly unique learning experience. My day-to-day tasks included legal research tasks, drafting judgements, case summaries, Court observation, and eating cake in the staffroom. The legal research I undertook included; conviction without penalty, civil procedure, sentencing discounts, an implied term of good faith, a breach of contract in relation to recovering an engagement ring, and, criminal asset confiscation. It was a fantastic way to be able to implement skills learnt through research assignments and mooting at law school in a practical environment. The diverse range of matters that came across my desk could not be found anywhere else”.

“The Magistrates Court truly is the workhorse of the courts. This jurisdiction is the first stop for any matter, even the most serious of criminal charges as they must go through the committal court to move to the District or Supreme Court. You see almost all sectors of society in the Magistrates Court, neighbours going through a civil matter, repeat criminal offenders, first time offenders, drug-addicts, disgruntled ex-partners and, general members of the public appearing as witnesses”.

“Specialists courts including the Drug Court really caught my attention and highlighted how the legal system can be progressive and adaptive to societal demands. The rehabilitative focus of the Drug Court gives offenders an opportunity to focus on getting clean by completing personalised programs in a stable environment”.

Read more: https://law.adelaide.edu.au/news/ list/2020/02/03/adelaide-magistrates-court-internship

36 Adelaide Law School - Research, Learning and Teaching Report 2020

Student Internships Matthew Del Corso and supervisor, Mr Kai Sinor, completed his Aurora Internship Program. With MPS Law.

Above: Stephanie Nomikos completed her Law and Justice Internship with Wine Australia Left: Evelyn Cacas's internship experience at the Administrative Appeals Tribunal (AAT)- valuable practical experience gained as part of the Adelaide Law School's Law and Justice internship course

Above: Peter Tantalos’ Law and Justice internship experience at the Supreme Court Left: Emily Whenan Law and Justice Internship at the Equal Opportunity Commission

37 Adelaide Law School - Research, Learning and Teaching Report 2020

Student Internships

Tijana Maric Interning at the SA Solicitor-General’s Office as part of the Law and Justice Internship

Alexandra Beal completed her Law and Justice internship at the SA office of the Director of Public Prosecutions (DPP)

Above: How is legislation drafted?

William Wong was given a chance to see and engage with this complex process as an intern with the SA Office of Parliamentary Counsel (the Law and Justice Internship).

Right: The dynamics between policy and law have been the focus of James Jakubowski’s internship with the SA Dept for Environment and Water (DEW) as part of the Law and Justice Internship.

Left: Kim Tran interned with Dr Niki Vincent, SA’s Commissioner for Equal Opportunity, and her team as part of the Law and Justice Internship.

Kim completed her internship by presenting her work on assistance animal laws and public access rights in SA .

38 Adelaide Law School - Research, Learning and Teaching Report 2020

Study Tour Twenty two Adelaide Law School students jetted off to the U.K for two weeks in February to attend classes as part of their International Law Study Tour. The tour was hosted by Queen Mary University of London. Professor Chris Symes led the tour with the assistance of Corinne Walding.

Oxford

Lipman Karas London

39 Adelaide Law School - Research, Learning and Teaching Report 2020

Mooting at Adelaide Law School International Humanitarian Law Moot An Adelaide Law School team comprising Rachel Chalmers, Kellie Elmes and Olivia Bradley represented Australia in the 18th Red Cross International Humanitarian Law (IHL) Moot that was hosted by the Hong Kong Red Cross. This is an annual international competition where teams from over 20 countries participate.

Most of the participants themselves were winners of highly competitive national IHL mooting competitions in their own countries, hence the competition was extremely intense. This year the problem revolved around issues concerning the characterisation of conflict, the seizure of property, cyber operations, crimes against humanity and modes of individual and command liability. Our team put in an incredible effort and ultimately finished fifth out of twenty international teams and were the recipients of the coveted award for the best Prosecution Memorial for the entire competition.

The team performed brilliantly and were assisted by Mr Mark Giddings (a lawyer from Lipman Karas and a former world IHL mooting champion himself in this competition) and Professor Dale Stephens.

Read more: https://law.adelaide.edu.au/intranet/news/list/2020/08/12/adelaide-uni -law-school-team-wins-prize-at-world-ihl-mooting-competition Ms Rachel Chalmers (Top left) Professor Dale Stephens (Top right), Mr Mark Giddings (Middle left), Ms Kellie Elmes (Middle right) and Ms Olivia Bradley (Bottom centre).

Congratulations to Adelaide Law School students Kimberly Jones and Natasha Slater for progressing to the quarter finals of the ALSA International Humanitarian Law Moot, which is being held via Zoom this year. Well done team!

40 Adelaide Law School - Research, Learning and Teaching Report 2020

Mooting at Adelaide Law School Philip C. Jessup International Law Moot Court

Between 12 and 15 February 2020, five students from Adelaide Law School competed against 16 other teams in the Australian national rounds of the Philip C Jessup International Law Moot Court Competition held in Canberra.

The team of Olivia Bradley, Rory Clark, Kellie Elmes, Nicolas Rich and Paul Sigar was coached by Joel Lisk. They performed exceptionally well, reaching the quarter finals. Olivia Bradley was also awarded a prize for being ranked within the top 10 oralists of the competition.

Manfred Lachs Space Law Moot In early 2020, three students from Adelaide Law School competed against 33 other teams in the Asia-Pacific rounds of the Manfred Lachs Space Law Moot Competition. The team of Claudia Floreani, Frankie Murphy and Rachel Neef was coached

by Dr Stacey Henderson.

The competition in 2020 was held purely on written memorials as the oral rounds for the competition were cancelled due to Covid-19. The team performed very well and was awarded a special second prize.

41 Adelaide Law School - Research, Learning and Teaching Report 2020

Undergraduate Teaching highlights

Dr David Plater and the 2020 Evidence and Advocacy class thank Nadia Hess, Joel Grieger, Kaela Dore, Jemma Holt, Amy Ward and Professor Geoff Muecke for their erudite and valuable input to finish the course on diverse career options and advice.

The Adelaide Law School thanks Hon Geoff Muecke and Judge Patricia Lees from London for their erudite input in October to the Evidence and Advocacy class on vulnerable parties in and out of court.

Human Rights: International & National Perspectives) - Guest lecturer Michelle Hopkins (pictured right), General Manager of Community Youth Justice, SA Department of Human Services gave an engaging lecture on ‘Youth Justice and Human Rights.’ Michelle chatted to students afterwards as to how they could follow a career in youth justice.

42 Adelaide Law School - Research, Learning and Teaching Report 2020

Undergraduate Teaching highlights Left: Even with Covid 19 restrictions in 2020 our students are continuing to engage with leading members of the SA legal community. We thank Justice Hughes SACAT President and Senior Member Rugless for the guest lectures they have given to our Human Rights: International & National Perspectives students.

Senior Member Rugless

Justice Hughes

Above: Thanks to Andy Carpenter for his insightful and erudite guest lecture to the Selected Issues in Criminal Law class on the legal role and ethical and effective civil and criminal practice.

To achieve space and brighten the mood, Dispute Resolution and Ethics seminars with Dr Gabrielle Golding were held outdoors at the Botanic Gardens in March.

43 Adelaide Law School - Research, Learning and Teaching Report 2020

Undergraduate achievements

Pictured: Georgina Wigney Ben D'Andrea and Paul Sigar

Flyn Wells, Lachlan Blake, Lauren Fletcher, Georgina Wigney, Paul Sigar and Ben D’Andrea each produced a research paper exploring S.A Civil Court new rules as a part of their Dispute Resolution and Ethics Honours study. Their research has been accepted for publication in The Law Society Bulletin.

Congratulations to law student Eva Squire who won the Law Foundation’s 2020 Law & Justice Prize.

Eva wrote her paper on SA's indefinite detention regime while undertaking a Law & Justice Internship at the SA Supreme Court which she describes as ‘one of the best experiences.'

Real-world impact. Congratulations to law students Elliette Kirkbride, Mikhalia Binyon and Maithili Mishra on writing a submission to the Senate’s COVID 19 Inquiry (drafted for Human Rights: International & National Perspectives assessment) which the Senate has now published: https://www.aph.gov.au/ Parliamentary_Business/Committees/Senate/COVID-19/COVID19/Submissions?

44 Adelaide Law School - Research, Learning and Teaching Report 2020

Postgraduate Teaching Welcome to the Postgraduate section of our Research and Teaching report The Adelaide Law School presents a number of postgraduate coursework programs in Law for nonlaw and law graduates. The two main programs are the Master of Laws 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 15-20 high-quality courses, each of which have a strong commercial, international and/or comparative focus.

Our teaching staff 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 Andrew Stewart

In 2020, it was pleasing to see our student numbers increase in the postgraduate coursework program, despite the impact of COVID-19.

Professor Andrew Stewart Director of Postgraduate Coursework Programs

45 Adelaide Law School - Research, Learning and Teaching Report 2020

Postgraduate degrees In 2020, Adelaide Law School offered the following postgraduate research and course work degrees: M(Phil) and PhD The Master of Philosophy (MPhil)) and Doctorate of Philosophy (PhD) degrees allow students to complete intense and focussed research, and to develop true expertise in a specialised area. Candidates typically complete their substantial research thesis within 2 and 3 years respectively.

LLM The Master of Laws is a program developed to provide Law graduates with the opportunity to further their legal studies. The program is one year of full-time study and allows students to select from a wide range of courses.

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).

MCL

The Master of Comparative Laws is a joint program offered by Adelaide Law School and the University of Mannheim, Germany.

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 Graduate Diploma Legal Practice 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.

PCARB The Professional Certificate in Arbitration is a program offered every two years, in conjunction with the Resolution Institute. It provides students with an understanding of the law and practice relating to commercial arbitration and offers a pathway to becoming an accredited arbitrator.

46 Adelaide Law School - Research, Learning and Teaching Report 2020

Postgraduate teaching 2020 highlights

Trade debate in Commercial Space Law class thanks to Dr Rebecca La Forgia - who supplies the chips to support astronaut health and safety which country will win the contract?

Commercial Space Law guest presenter Scott Schneider of Southern Launch, addressing students regarding launches from SA earlier in 2020.

47 Adelaide Law School - Research, Learning and Teaching Report 2020

What’s new in Postgraduate teaching 2020 Master of Laws 'Access to Justice' specialisation In 2020, the first cohort of students entered into the ‘Access to Justice’ specialisation within the LLM at the Adelaide Law School. These students undertake the LLM while also working in a paid clinical placement at the Accessible Justice Project, a new ‘low bono’ practice established by leading Australian law firm Lipman Karas , based in Adelaide.

The Accessible Justice Project provides legal services to low income Australians who would otherwise be left without access to them. The University of Adelaide Master of Laws Access to Justice is the first of its kind in Australia. Students will finish their studies and practical placement with a Masters qualification, in addition to an opportunity to give back to the community and contribute to greater social justice while they study.

During the LLM, student undertake practical experience in a low-bono resolution-focussed legal clinic which enables them to experience and critique the operation of law in a practical legal environment. Student legal practitioners undertake paid work in the Accessible Justice Project for three days per week, supervised by senior legal practitioners, and participate actively in all aspects of the work at the office, including client interviewing, community education, case work and the exploration and development of innovative means by which access to justice can be delivered.

In addition to this practical experience, students undertake subjects within the LLM, including the Access to Justice Dissertation, which provides students with an opportunity to engage with issues they have encountered either prior to or during practice from both a practical and academic perspective, and to promote solutions to the endemic access to justice issues within our society.

48 Adelaide Law School - Research, Learning and Teaching Report 2020

Postgraduate research at Adelaide Law School 2020 was a challenging year for the Law School’s Higher Degree by Research (HDR) students. Postgraduate research can be an isolating experience at the best of times, let alone when forced to work from home during a pandemic. Students had to cancel planned international study/field trips and even redesign their projects.

Despite these obstacles, the HDR students made an invaluable contribution to the research, teaching, and social life of the Law School. Twelve new students started their HDR research in 2020, the equal highest ever intake for the Law School, bringing the total to 43 in October 2020.

Congratulations to two students completed their PhDs in 2020: Emily Ireland and Patrick Quirk. Both Emily and Patrick were awarded a Dean’s Commendation for their thesis. Emily has since secured a lecturer position at the University of Liverpool Law School. Patrick has an ongoing position as an Associate Professor at Australian Catholic University. Congratulations also to Kamoru Lawal from Nigeria, who was awarded his M.Phil with distinction.

The HDR cohort found many opportunities to get together. The annual HDR Students’ Retreat at the Wine Centre provided a full day for reflection and sharing ideas. During lockdown, the students had weekly ‘drinks’ over Zoom and weekly Zoom chats with the Postgraduate Coordinators as well as a series of seminars.

The 2020 HDR Student Representative, Giuseppe Mottillo, was the driving force behind the social gatherings and annual retreat.

Our HDR students published their research in quality journals and presented their research at prestigious conferences. COVID-19 forced the cancellation of many conferences, but some new online conferences emerged in the latter half of the year. HDR students were also an integral part of the Law School’s undergraduate teaching activities, leading many seminars and giving some lectures.

Last but not least, Professional staff Justine Dzonsons and Alex Jones did a magnificent job supporting the student cohort and the PGCs through this difficult year.

Anna Olijnyk, Alex Wawryk and Laura Grenfell

The HDR concluded with a discussion led by Professor Chris Symes and Dr Kerryn Brent about transition into academic positions post higher degree study.

49 Adelaide Law School - Research, Learning and Teaching Report 2020

Postgraduate research at Adelaide Law School

Thanks to Hon Justice (Dr) Chris Bleby C on the fascinating discussion about the value of higher education in the workplace and the legal profession

Law School academics hosted another successful seminar on 'Effective Writing' for PhD and Masters students from the Law School and other schools in the Faculty of Professions.

50 Adelaide Law School - Research, Learning and Teaching Report 2020

Adelaide Law School PhD completions 2020 Adelaide Law School would like to congratulate the following students whom completed their PhD in 2020.

Emily Ireland - "Married Women's Litigation in the English Court of Chancery, 1698-1758". Supervisors: Wilf Prest, Katie Barclay and David Lemmings. (2020) Patrick Quirk ‘Pathways for Conscience Protection in Law: German, American and Australian Perspectives’. Supervisor: Paul Babie and Howard Bromberg Jana Norman, thesis title: Posthuman Legal Subjectivity in the Anthropocene: Introducing the Cosmic Person, supervisors Paul Babie and Peter Burdon.

Adelaide Law School would like to congratulate the following students whom completed their MPhil in 2020.

Kamoru Lawal “Place of Legislation and Charters in Sustainable Energy Development for the Ever Increasing Population”:. Supervisors: Alex Wawryk and Manuel Solis

Prestigious scholarships awarded to Adelaide Law School Students Bob Piper Law– Renee Abasseri DA Robertson – Chelsea Brooks Dr Duncan Memorial – Charles Toye William Donnithorne – Molly Healy John Bray Law Alumni Network – Lachlan Blake Dame Roma Mitchell – Priyanka Nath

51 Adelaide Law School - Research, Learning and Teaching Report 2020

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.

Stow Prize Up to four Stow Prizes are awarded each year to any student for the LLB degree who, at any final examination has shown exceptional merit in not less than two courses. The 2020 Stow Prize winners are:

Benjamin McAdams Nora Peat

Michelle Neumann Emily Whenan

RW Bennett Prize Two annual prizes are awarded for the best performance in a single course. The 2020 RW Bennett Prize winners are:

Marilee Hou

Isaac Burnett

The Justin Skipper Prize The prize is awarded to a student who has taken the most active and effective part in student life during the whole of their time at University.

Bella Mickan

52 Adelaide Law School - Research, Learning and Teaching Report 2020

2020 Prize Winners Honours Prize Winners The Angas Parsons Prize The Angas Parsons Prize is awarded to the most meritorious student in the Honours Degree

Flyn Wells Honours Prize Winners The MF and PJ Manetta Prize Henry Materne-Smith

The John Perry Prize for International Law Ben D’Andrea

53 Adelaide Law School - Research, Learning and Teaching Report 2020

Outreach at Adelaide Law School

Outreach at Adelaide Law School

Members of the Adelaide University Law Students’ Society Executive (l-r): Izzy Blacketer, Annabel Bramley, Belal Salih (President) and Rachel Neef with Professor Melissa de Zwart, Dean, Adelaide Law School (middle) and Corinne Walding, School Manager, Adelaide Law School (right).

Adelaide University Law Students’ Society Textbook Fund Everyone knows the cost of text books can be prohibitive! The Executive of the Adelaide University Law Students Society (AULSS) realise this and have taken the initiative in setting up a Textbook Fund to assist law students in financial need.

Beginning their discussions with Professor Melissa de Zwart, Dean Adelaide Law School in late 2019, the AULSS Executive have established the Fund to assist students purchase physical and / or digital resources. As the Society’s donation will be endowed it will be helping students access this critical component of their course forever.

“This is a wonderful initiative the AULSS has taken” Professor de Zwart said “as it will greatly assist law students for generations to come.” The Fund will be administered through the Law School with the assistance of Past Presidents of the AULSS. Delight

54 Adelaide Law School - Research, Learning and Teaching Report 2020

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

Did you know that Adelaide Law School held a virtual Year 12 Q&A session, an event held annually in conjunction with LETASA. There were 257 student questions answered, which is just incredible. Thank you to everyone who contributed answers for the virtual Year 12 Q&A session.

Outreach at Adelaide Law School

John Bray Alumni Network A key objective of the Adelaide Law School's John Bray 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, along with other distinguished guest speakers.

In October, the John Bray Alumni Network In Conversation event spoke with Bill Smith, who discussed his experiences as war crimes prosecutor.

Other John Bray Alumni Network CPD Sessions were held across the year, including 'Climate Change recent developments and future trends', presented by guest speaker Elisa de Wit and chaired by Dr Alex Wawryk, ‘Unfair Dismissal’ presented by a panel of expert practitioners and chaired by Dr Gabrielle Golding, and ‘Communicating with Indigenous Clients’ chaired by Stephen Kenny and Brenda Underwood.

55 Adelaide Law School - Research, Learning and Teaching Report 2020

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

Johnson Winter and Slattery Barristers and Solicitors

Peter Leech Hon Christopher Legoe QC Mrs Ellice Ruth and Professor Horst Lucke Commercial and Legal

Law Society of South Australia Lipman Karas Lawyers Nicholls Gervasi Lawyers Norman Waterhouse Lawyers

Duncan Basheer Hannon NG Rochow SC Andersons Solicitors

Cowell Clarke Commercial Lawyers Edmund Barton Chambers

PGC Legal Piper Alderman Lawyers SA Bar Association Sheahan Lock Partners The John Bray Law Alumni

EMA Legal

Network

Fisher Jeffries Barristers and Solicitors

Thomson Reuters

Gilchrist Connell Hanson Chambers Howard Zelling Chambers HWL Ebsworth Lawyers

56 Adelaide Law School - Research, Learning and Teaching Report 2020

Contact Us Edited and compiled by Kerrin Maratos and Professor Paul Babie Adelaide Law School The University of Adelaide ADELAIDE AUSTRALIA 5005 Phone: (08) 8313 5063 Email: lawenquiry@adelaide.edu.au www.law.adelaide.edu.au

CRICOS provider code 00123M

57 Adelaide Law School - Research, Learning and Teaching Report 2020