Peppercorn Issue 1 2017 by Peppercorn

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Contents 6

Breaking the Glass Ceiling Brigid Horneman-Wren

10 Drawing the Line: High Court upholds Senate electoral reforms Cain Sibley and Ken Powell 14

Brave New Worlds: A Student’s Perspective Marcus Dahl

Q & A With Sarah Lynch Tiffany P. Monorom

Comment: Penalty Rate Changes Anonymous

Citizenship Cancellation: a new chapter in Australia’s fight against terror Dan McNamara

Satire: Lawve Actually Matthew Barton

Off the Hotplate Kathy Lee

Agony Aunt Peppercorn Editors

Published by ANU Law Students’ Society’s exclusive printing partner

Breaking the Glass Ceiling Brigid Horneman-Wren

The appointment of Susan Kiefel AC as Chief Justice of the High Court of Australia in November last year challenged two of the key components of the longest standing stereotype of the legal profession: that it is dominated by white, middle class men. Kiefel’s appointment is, indeed, momentous. In 113 years, she is only the first woman to be the nation’s top judge. Having left school at the end of Grade 10, she completed her education while working as a legal clerk, passing the Barristers Admission Board course with honours. With an Honorary Doctorate from Griffith University, the attention Justice Kiefel received from media, legal professionals, and the wider public following her appointment was not the first time she has been recognised for the way she has led the way for women in the legal profession, and the significant contribution she has made to her industry.

But to laud the historic appointment as one demonstrating that barriers to female and low socioeconomic success in the law have been removed is perhaps looking at justice a little too blindly. While the gender divide for law students has certainly been levelled, what hasn’t is the alarmingly low retention rate for talented women lawyers. And the majority of those who undertake tertiary legal studies have not only gone to a private or selective school that supported them through to attaining a significantly high ATAR; they call a city their home. As noted by Marcia Devlin, Deputy Vice-Chancellor at Federation University Australia, low SES and rural students generally have lower ATARs than those who are wealthy and live in metropolitan areas, and this has nothing to do with their intelligence: ‘[t]hey just

have less of the social and cultural capital that counts for school education outcomes’. Attend any event targeted at women lawyers today and you will likely be told by someone in a corporate law firm of the support that they receive within their workplace – whether that be through maternity plans, flexible work spaces, or part time employment. But while these examples are to be commended, the general statistics speak differently. Unconscious bias towards women remains, half of women lawyers who work part-time report discrimination, and women make up only 10% of senior appointments. Although Kiefel became the first female Queen’s Council in Queensland 30 years ago, the law remains an industry that is one of the least friendly for women. Radical change is yet to be seen in repairing a massive gender pay gap, inflexible workplaces, and a dearth of women in senior positions within both the judiciary and private practice. And while it’s certainly fantastic to now have a woman in the most senior legal position in the country, we must be careful of the difference between recognising achievements, and putting pressure on all women lawyers to do the same. As President of the ACT Women Lawyers’ Association and ANU Alumnus Prue Bindon cautioned at last year’s Women in Law Breakfast, we must be careful when we recognise women as trail blazers, lest we continue to mount pressure on them to ‘have it all’ – a job, a family, and achievements no woman has had before them. Elitism of various degrees is a further stereotype of lawyers that refuses to fade. Whether lawyers are criticised for thriving off family connections or coming from private schools, the

fact remains that ‘[t]he main barrier to people from disadvantaged backgrounds entering the legal profession is the need to be accepted into and then complete law school’. And depending which research you believe in what leads to better school results – the private vs public debate, or conclusions that it’s all down to socioeconomic background – it’s indisputable that a combination of student demand and University aims to create illusions of quality in their courses results in unrealistically high ATAR cut-offs, which disproportionally affect low SES students. And once in university, greater degrees of stress and difficulties in accessing various avenues for support continue to affect rural and low SES students in their path to graduation, and therefore to future legal practice. With the ATAR cut-off forever creeping higher for law admissions, resulting in opportunities for bonus points that recognise disadvantage being wiped away, it is right that we be concerned about how representative the lawyers we are educating will be. If our current Chief Justice came from Far North Queensland and didn’t even complete high school, can the number 98 on its face value really be considered an indicator of who the top legal mind in Australia may be?

sets her apart, that she was a woman who overcame disadvantage by working full-time while studying at night, is, however, by no means a thing of the past.

Malcolm Turnbull reportedly remarked to Brigid is a 3rd year BA/LLB (Hons) student, Chief Justice Kiefel that her appointment was feminist, and a Peppercorn editor an historic moment for women. Her reply, ‘I regarded it as more of a natural progression’, reflected a more grounded sentiment. She has worked hard to rise through the profession, just as 13 Chief Justices have before her. What

References: Marcia Devlin, The ‘truth’ about ATARs (19 January 2015), National Centre for Student Equity in Higher Education <https:// www.ncsehe.edu.au/truth-about-atars/?doing_wp_cron=1489491236.7104649543762207031250>. Angela Melville, ‘Barriers to entry into law school: an examination of so cio-economic and Indigenous disadvantage’ (2014) 24 Legal Education Review 45, 45. Jamie Walker, ‘Susan Kiefel: from high school dropout to chief justice’, The Australian (Surry Hills), November 30 2016, 1 Image from: http://www.hcourt.gov.au/justices/current/chief-justice-kiefel-ac

As a junior lawyer, your enthusiasm is in overdrive. Everything is interesting. You have a million questions for everyone. You want to be the best. And for me, I wanted to be the best lawyer and leader I could be. Right now I’m a corporate and tax lawyer, buying and selling companies, structuring investments and having the occasional battle with the ATO.

STAY TRUE.

So, a little while after I started at Clayton Utz, I joined the social committee. A powerful assembly fuelled by lunchtime pizzawielding lawyers making important decisions like choosing the Christmas party theme. They knew I liked pizza, but had no idea I was gay. You see, I wasn’t out at work yet and this became a genuine source of anxiety for a good two years. But In May 2015 this all changed... To listen to Luke’s full story, go to: claytonutz.com/graduates Academic brilliance certainly counts, but graduates who thrive here have something extra – a natural passion for connecting with people and a strong sense of self. That’s what staying true is all about. If you have these qualities, Clayton Utz is for you.

CLERKSHIP PROGRAM If you’re a law student in your penultimate year, our Clerkship Programs will expose you to the fast pace of a full-service commercial law firm and show you the law in action. You’ll be working under the guidance of some of the sharpest legal minds in Australia, on challenging, complex and high-profile transactions and matters. You’ll be mentored by partners and lawyers who are leaders in their fields, in a firm where individuality is embraced and innovation actively encouraged.

GRADUATE PROGRAM It’s not just about wearing a suit. There’s always a gap between theory and practice, and post-university prospects can be daunting. How do you make the leap to working in the industry?

That’s where we come in. Once you’ve completed your studies, our national Graduate Program gives you the perfect foundation for your legal career. Our 2.5 week orientation program is designed to ensure that you’ll hit the ground running. It consists of PLT+, local training and a national orientation week in Sydney. Our rotations will help you discover different areas and find the right fit. From day one you’ll be working on complex and sophisticated legal issues, and with our innovative learning and development approach, you’ll get the support to become the best you can be.

You’ll get… • Three rotations of six months in our national practice groups • continuing legal education programs and professional development support • mentoring from some of the best lawyers in the country • a buddy who’ll give you the inside information

• the chance to participate in our Community Connect and Pro Bono programs and really give back

• meaningful performance feedback so you know you’re on • social and sporting activities, because we know it’s not the right track all work and no play.

We hire most of our Graduates from our Clerkship Programs. Occasionally, additional opportunities may arise. These opportunities will be listed on our website.

Drawing the line: High Court upholds Senate electoral reforms Cain Sibley, Ken Powell

The High Court considered, and rejected, five arguments against the reforms. On 13 May 2016, the High Court ruled that reforms made to the Senate electoral process earlier in 2016 were constitutionally valid. The decision underscored that the Commonwealth Parliament’s constitutional power to prescribe the method of choosing Senators is broad. The decision meant that the reforms were effective for the double dissolution election held in July 2016, in which all Senate seats were contested (Day v Australian Electoral Officer for the State of South Australia; Madden v Australian Electoral Officer for the State of Tasmania [2016] HCA 20). THE REFORMS In the proceedings, incumbent Senator for South Australia Robert Day (and others) challenged the constitutional validity of amendments made to the Commonwealth Electoral Act 1918 (Cth) by the Commonwealth Electoral Amendment Act 2016 (Cth). The reforms (the most significant in 30 years) amended the Senate election process and ballot paper. In modern times, the Australian Senate has been elected under a proportional representation system. To be elected, candidates must achieve a "quota" of votes (set by a statutory formula known as the "Droop quota"). Voters have a "single transferrable vote", which they can allocate to candidates preferentially.

Prior to the reforms, voters could vote above or below the line in the following ways. First, voters could vote “above the line” by voting 1 (only) for a group of candidates. The voter's preferences would be those of the group’s, which had been pre-determined and displayed on a ticket at the polling booth and online (group ticket voting).

This system would often lead to pre-election negotiation and trading between parties on how each party would allocate their preferences to other parties and candidates. Some considered it being susceptible to being "gamed" by microparties in a way which "distorted the will of voters".1 Historically, an overwhelming majority of voters have voted above the line. Alternatively, voters could vote “below the line” by allocating a sequentially numbered vote for each and every candidate on the ballot paper in order of the voter's preference (in many States the number of candidates would often be well over 30). The effect of the reforms was to abolish group ticket voting and give voters the following two options for electing Senators: 1. Voters can vote "above the line" by numbering (at least) 1 to 6 in boxes which represent groups of candidates. Preferences within the group would be allocated in accordance with the order of the list of the candidates as they appear on the ballot paper. Preferences outside the group would be distributed in accordance with the voter’s choice (if any) of other groups (and the order of candidates within those groups as displayed on the ballot paper). Under a "votesaving" provision, a vote above the line will still be a formal vote as long as the voter marks at least the number 1 in a box above the line (ie. a voter doesn't need to allocate any preferences beyond the group to cast a valid vote). 2. Voters can vote "below the line" by numbering at least 1 to 12 in boxes which represent each individual candidate. The voter orders the numbers in accordance with their preferences. Again, under a "vote-saving" provision, a vote will still be a formal vote as long the voter has

marked at least six sequential votes below the 9 of the Constitution that Senators be “directly” line. chosen by the people. The plaintiffs argued that political parties represented an intermediary which THE PLAINTIFFS’ ARGUMENTS AND THE meant that a vote above the line was not direct. COURT’S RULINGS The Court rejected this, finding that the option The plaintiffs alleged that the reforms were to vote above the line involves voting for a group unconstitutional and sought declarations and of individual candidates who are individually writs of mandamus and prohibition. Before identified below the line. Section 9 is intended to addressing the plaintiffs’ arguments, the Court exclude indirect choice by an electoral college or set out and examined the history of the Senate some other intermediary, which was not the case electoral process (which is an informative read of here (noting that the same term is used in section itself). The plaintiffs relied on five arguments, all 24 of the Constitution in relation to the House of of which the Court gave relatively short shrift. Representatives and citing Attorney-General (Cth); Ex rel McKinlay v the Commonwealth (1975) 135 More than one “method” of choosing senators CLR 1). The plaintiffs argued that the reforms create more than one “method” of choosing Senators in Breach of direct proportionality principle and contravention of section 9 of the Constitution: ie. effective disenfranchisement the “above the line method" and the “below the The plaintiffs argued that the reforms and the use line method”. of the “Droop quota” formula infringe an asserted constitutional principle of “direct proportionality” Section 9 of the Constitution provides that the and effectively disenfranchise voters who vote for Parliament may prescribe the method of choosing minor parties. The Court rejected the existence of senators, but that “the method shall be uniform such a principle. The Court ruled that there is no for all the States.” The Electoral Act as amended disenfranchisement effected by the reforms, noting refers to each of the "above the line" and "below voters have the choice as to how to allocate his or the line" ways of voting as “voting methods”. her preferences by voting above or below the line. This argument, based upon the adverse effects to The Court held that the purpose of section 9 is to the interests of minor parties, was said to be "in achieve uniformity in the voting method across truth" an argument about the consequences of the States. The term “method” is a constitutional elector choice between voting above or below the term which should be construed broadly, allowing line. for more than one way (or option) of indicating choice within a single uniform electoral system. Misleading ballot papers and breach of freedom of The statutory use of the term “method” has no political communication bearing on the interpretation of that word as used The plaintiffs argued that the new ballot paper was in the Constitution. The two options effected by misleading and therefore infringed the implied the reforms constitute a method with a common constitutional freedom of political communication. effect, which gives a voter discretion as to how The plaintiffs alleged that the ballot paper failed to the voter allocates preferences (and how many inform voters of the risk of exhausting their vote preferences the voter allocates). The plaintiffs’ or of the various options for voting, including that argument contended for a “pointlessly formal” voters only need to mark one above the line to cast constraint on Parliamentary power. a valid vote.

Indirect election The plaintiffs argued that the option to vote above the line by marking a square with reference to a political party infringes the requirement in section

The Court rejected these arguments, ruling that the ballot paper correctly states the statutory requirements. The ability to only mark one square above the line is a “vote-saving” provision, as

distinct from one of the prescribed options for pecuniary agreements with the Commonwealth). voting. The High Court's decision is currently reserved. If Senator Day's election is found to have been invalid, it will likely result in a recount in South Infringement of representative government Australiaâ&#x20AC;&#x201D;otherwise, his resignation is free to The plaintiffs finally argued (as a catchstand and the resulting casual vacancy may be all proposition) that the reforms impaired filled by his party. a constitutional principle of representative government, and with it the freedom of political Cain is a partner and Ken is a lawyer at Clayton communication. The Court rejected this Utz in Canberra. They are both alumni of ANU. argument on the basis of its dismissal of the other arguments (particularly the fourth and fifth arguments, it would seem). THE WASH-UP It is difficult to measure the precise effects of the reforms on the 2016 election as it was a double dissolution election with all Senate seats up for grabs (as opposed to the usual half-Senate election), which means that the percentage of votes required to win a seat is half the usual amount. With preferences now solely decided by the voter (rather than preference deals orchestrated by the parties), there was a decrease in overall votes for the so-called "micro-parties". Voters largely appeared to grasp the new voting system, with the vast majority of "above the line" voters complying with the new rules. The number of voters "below the line" also increased nationally from 3.5% (under the old system) to 6.5% (under the new system). According to election expert Antony Green, despite warnings by some that more than three million voters (for minor parties) would be disenfranchised by the new system, the reality was that only about 800,000 (or 25%) of minor party votes would have been exhausted under a notional halfSenate election.2

As for Senator Day, he was in fact re-elected under the new arrangements, although he announced his resignation from parliament shortly after amidst financial and business woes. In a further twist, the Senate then asked the High Court to decide whether Senator Day was validly elected in the first place, raising the question as to whether section 44(v) of the Constitution may have been breached (which relates to interests in

This article was written by Clayton Utz, a Premier Sponsor of the ANU LSS, and permission has been given for its use in this edition of Peppercorn.

References: 1. See http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Electoral_Matters/2013_General_Election/Interim_Report. 2. See http://blogs.abc.net.au/antonygreen/2016/10/how-voters-reacted-to-thesenates-new-electoral-system.html#more.

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Brave New Worlds: Challenges for Evidence in the 21st Century: A Student’s Perspective Marcus Dahl

The complicated relationship between the disciplines of law and science is never so openly on display as it is in the study of fact-finding in evidence law. What evidence is allowed in a trial, how it has been collected and summarised, what weight it is given, and how its reliability plays on the minds of a jury are all issues at the crossroads of scientific method and legal reasoning. In this respect, it was fitting that High Court Justice The Hon Stephen Gageler AC gave a keynote address titled ‘The Science of Truth’ to the conference jointly held by the National Judicial College of Australia and the ANU College of Law, Brave New Worlds: Challenges for Evidence in the 21st Century. On March 4th and 5th, 2017, Brave New Worlds brought together some of Australia’s sharpest academic and judicial minds to address some of the deeply challenging issues that evidence law faces in a modern world of science and technology. A sample of some of the contentious issues raised are noted here. The first was how transcripts of covert recordings are used in court and how they can be unreliable and contain difficult-to-detect inaccuracies, which risks likely injustice unless independent phonetic science is more prominently featured in the court process. Another related classic example is in the use of less-than-certain DNA evidence, and the issues around the so-called “CSI effect” where juries are susceptible to trusting any forensic evidence as fact. Perhaps more worrying, research around face identification of strangers suggests that even under the best of conditions, our ability to correctly ID unknown faces is as low as 50%, worsening with other-race effects, despite the weight that such evidence carries in court. These sessions were filled with difficult questions that clearly did not have easy answers.

and evidence law can, in my mind, be attributed to two key differences between scientific and legal practice. In science, a publishable theory or method is measured against all existing theories by a high threshold of statistical significance, and its purpose is to improve upon our estimation of facts without making claims of certainty. In law, an admissible theory or method is measured against the legal standard (beyond reasonable doubt or balance of probabilities) in isolation, and is for the purpose of proving facts and subsequently treating them as if they were certain. Science can be published with error bars, confidence intervals, and recommendations for future research developments. Judgments cannot. A scientific method which is accurate 95% of the time will be rendered obsolete by an otherwise similar method which is accurate 99.5% of the time. The same 95% accurate method, however, might be the only one used for forensic evidence adduced by a prosecutor, and the existence of the other method may no longer be relevant. If a judge threw out relevant key forensic evidence simply because it used an outdated method which was slightly less accurate than possible, then an otherwise strong case could be substantially weakened. What is publishable in scientific journals and what is admissible in court are two deeply different measures. On one hand, this allows the court system to function efficiently, to hear useful evidence and to get results. If research methods were only allowed if they had been published in respectable academic journals, and expert witnesses were only called if they had the right accreditation by professional bodies, then hearings and trials with contentious evidence issues would rise in costs and would slow down badly.

On the other hand, however, worse than justice delivered slowly, is justice delivered wrongly. The admission of questionable expert witnesses with little or no real expertise, evidence using second-rate identification or transcription methods, or testimonies of eyewitnesses These apparently severe conflicts between research whose identification abilities in similar controlled circumstances are a coin-toss, all of which will be given

significant weight by a jury or even a judge without a scientific background, is dangerous. This appears to lead us to a defeated conclusion: that fact finding in law is, and always will be, less reliable than fact finding in science. Evidence law will not always have the luxury of being scientifically publishable. This truth, however, once accepted, is helpful. Science and law are not enemies and their relationship should not be given up on. Twenty-first century science can be applied to help us understand the justice system in ways never before available to us. Because science and law give different types of insights, they can collaborate fruitfully, and with this sentiment, I refer back to Justice Gagelerâ&#x20AC;&#x2122;s address to Brave New Worlds. In speaking about the â&#x20AC;&#x2DC;Science of Truthâ&#x20AC;&#x2122;, Justice Gageler was suggesting how behavioural science does indeed show that we are much worse at forming subjective beliefs about facts under conditions of uncertainty. Reference was made to Professor Daniel Kahneman, and as a student of psychology, I highly recommend his work. We are worse at estimating probabilities than we think. We are less rational than we think. Our thought processes are affected by serious and persistent biases. But this does not mean that we give up on having juries or judges or finding facts. Similarly, we do not give up on forensic or expert evidence because it is imperfect. Science has a role to play in informing the legal process, and that role is expanding in the 21st century world. If we acknowledge the challenges facing evidence law, we can improve it. Behavioural science research into human irrationality, biases,

other-race effects and decision-making can inform how juries are chosen, trained and instructed, so as to minimise human error. Forensic science research can inform best practice guidelines for what types of forensic evidence police collect and what kinds of expert witnesses are called in trials. The legal principles of evidence move slowly, but the content of the evidence itself changes quickly. With appropriate direction, funding, and professional training, the quality of evidence and legal outcomes in Australia can continue to improve. Much like Brave New World the novel, this conference was a fascinating insight into some of the darker, more complicated aspects of human irrationality existing in a rapidly developing, and increasingly rational, technological and scientific world. But much like the novel, one of the conclusions that can be drawn is one of hope and potential. The research methods and technologies we have created can assist us in understanding ourselves, judges, juries and defendants. Whilst it is true that the relationship between science and law challenges us, our assumptions, and existing ways of reasoning, that relationship also offers us new understandings of evidence and juries, new forensic abilities to identify and convict criminals, and the potential for a more just world. Behavioural science, forensic science and evidence law all have contributions to make to each other and to society.

Marcus is a 4th year BSc/LLB(Hons) student, and is an ANUSA Science Representative. Photo credit: Brave New Worlds Conference advertising

ABOVE AND BEYOND BE A PART OF EVERYTHING

GRADUATE CAREERS IN LAW Join Herbert Smith Freehills and you’ll do more than just experience life at a leading law firm, you’ll be a part of everything we have to offer - whether you’re working on a high-profile takeover, catching up with an overseas client or taking on some challenging pro bono work. It’s an environment in which your perspective, ideas and experiences will make a real difference. Don’t just experience everything, be a part of it.

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BE A PART OF EVERYTHING

GLOBAL REACH

Join us as a Herbert Smith Freehills Vacation Clerk and you’ll do more than just experience life at a leading law firm, you’ll be a part of everything we have to offer. Takeovers and mergers. Arbitration and litigation. Finance and real estate. As a world class professional services business, our work is incredibly varied. Thanks to the quality of our global network and world-class Business Services professionals, we work with some of the biggest international organisations on some of their most ambitious projects. Herbert Smith Freehills is a place where you won’t just experience everything, you’ll be a part of it. So if you’ve got the drive and ambition to become a brilliant lawyer, we’d like to hear from you.

YOUR DEVELOPMENT We view you as the partners of the future, so it goes without saying that your development is incredibly important to us. Our full service practice and extensive work for international clients means you’ll enjoy a varied experience across contentious and non-contentious departments.

26 offices, including associated offices across Asia-Pacific, EMEA and North America

And there’s more to that than just a great academic record. There’s fantastic perception and communication skills. There’s confidence and collaboration skills. Empathy, an international mindset and diligence. And there’s the drive to not only experience everything, but to be a part of it.

OUR GLOBAL PRACTICE GROUPS • Alternative Legal Services (ALT) • Competition, Regulation and Trade

We have prepared some more detailed information on our website: careers.herbertsmithfreehills.com/ au/grads/au/grads/join-us

• Corporate • Dispute Resolution • Employment, Pensions and Incentives

INTERNATIONAL GRADUATE SECONDMENT PROGRAM Our international network means that we can offer opportunities and experiences that are unrivalled in scope. In 2014 we launched our international secondment program for Australian graduates to our Singapore, Hong Kong, Tokyo and London offices and we are continuing to expand our secondment program.

As well as getting exposure to a huge breadth of work, you’ll be supported to grow your career and reach your goals with flexible training and development plans. Individually designed, these plans will allow you to gain experience in all areas and help you find what’s best for you and your career.

To read more about our international graduate secondment program including some recent experiences from our graduates go to our website: careers.herbertsmithfreehills.com/au/grads/ graduate-program

WHAT WE LOOK FOR

JOINING US

We are interested in who you are and the strengths you can bring. We look for exceptional people from a diverse range of backgrounds with the passion and ability to become truly brilliant lawyers.

We offer a range of summer and winter clerkships in each of our Australian offices. If you have queries about graduate or vacation clerk positions, please visit our website: careers.herbertsmithfreehills. com/au/grads/vacation-clerkships or contact one of our graduate recruitment team.

• Finance • Projects and Infrastructure • Real Estate

GRADUATE EMPLOYERS 2016

CONTACT

James Keane Graduate Recruitment Consultant T +61 2 9322 4313 james.keane@hsf.com

KEY DATES AND DEADLINES BRISBANE

MELBOURNE

PERTH*

SYDNEY

Approximate number of positions

25-30

70-80

45-50

30-35

Clerkship programs

2 summer

2 summer 1 winter

1 summer

Applications for all 2017/18 programs open

27 February 2017

10 July 2017

17 July 2017

15 June 2017

Applications for all 2017/18 programs close

20 March 2017

13 August 2017

6 August 2017

16 July 2017

Offers made

8 May 2017

12 October 2017

20 September 2017

4 October 2017

*Perth vacation clerkship dates to be confirmed Please note: An application should only be submitted to the office where you intend to start your career as a graduate. Multiple applications will not be considered. HERBERTSMITHFREEHILLS.COM

Q&A

with Sarah Lynch Tiffany P. Monorom

Sarah is an alumnus from the ANU College of Law and is currently the founder and Editor-in-Chief of Bucket Orange Magazine. She recently visited the ANU campus and this is what she has to say about her career. 1. What do you miss most about law school, specifically the ANU School of Law and the ANU campus? “I’m all about autumn at the ANU. I really miss the time of year when the stretch of Elm trees between the ANU Engineering Building and Hancock Library turn orange and yellow. It has to be one of the best and most magical places on earth. Weirdly, I also miss the smell of books in the law library. I see that students are still periodically posting pictures of desk graffiti on Instagram. The classic question “You may get a law degree … but will you get a life?” and response “Lawyers don’t need lives or personalities” is still accurate and even now makes me giggle.” 2. Why did you decide to study law? “Good question. I was a sucker for punishment, I guess. Haha!” 3. If you could go back to being a law student, what would you have done differently? “Well, if we’re being honest, I probably should have studied more regularly rather than leaving everything to a state of blind panic a few days before a 100% exam.” 4. Can you tell us about your career? “I started out writing album reviews for The Canberra Times’ weekly “Fly” lift out during my uni days. After graduating I cut my teeth as a lawyer in the Federal government and worked my way up to a senior position over a couple of years before deciding to pursue my other passions for writing and music. I landed a paid writing gig (unheard of!) in the music industry at a new music marketing startup where I spent my days in a loud and sunny Sydney office, drinking coffee, listening to Belle & Sebastian, chatting with like-minded creative types and writing guides for musicians. It was a complete contrast to my previous legal role and one of the first times I realised that it was possible to reach out and make a difference in people’s lives through digital publishing. Some pretty famous Australian artists used to visit the office - and you learn a lot about yourself in those situations. One day I found myself alone in the bathroom with Suze DeMarchi from the 90s band Baby Animals and even though I consciously told myself to go “easy girl,” my enthusiasm was at about “10” and she needed it to be at around “2”. I ended up fangirling and completely ambushed her about how much I loved her new album. She was gracious and calm but out the door as soon as she had re-applied her signature red lipstick!” 5. How did you come up with the idea for BucketOrange Magazine? “I think being fortunate enough to work in legal and writing roles, and getting experience in international 18 human rights law while volunteering at a human rights centre in Botswana really helped form the idea for the

publication. It crystallised in my mind that finding a way to blend all these passions and experience into an initiative that served the public good was my only logical next step. After I couldn’t find a job in the legal industry that fitted the bill or (surprisingly!) any other publications that were breaking down complex legal issues for a non-legal audience, I realised that it was up to me to start it. I’ve always felt that having an education is a privilege and that we have a responsibility to use that privilege to help others. A law degree gives you so many insights into how to navigate life and how to protect yourself and your rights. It’s also something that most lawyers take for granted. There’s a pervasive mentality in the legal community that lawyers are the gatekeepers to the law, largely because the practice of law is a business and the industry is unfortunately overly focused on profit. My publication is working towards dispelling that falsehood and improving access to the law for young Australians - because the law affects everyone and should be accessible to everyone. The reality is that if you understand your basic legal rights, you’re much better placed to identify an everyday legal issue early and to either do something to prevent it escalating or understand when to contact a lawyer, and how to explain your problem. It saves lawyers and clients time and money and, most importantly, keeps young Australians out of the court system. To my knowledge, BucketOrange Magazine is the only independent publication with this unique preventative law focus.” 6. What do you find most challenging about starting your own business? “I think it’s the hardest thing I have ever done, and will ever have to do. This type of legal publishing is completely unchartered territory which is thrilling but also terrifying because there is no blueprint to follow. Everything is new. I have to constantly innovate to make sure that we stay relevant and interesting to our audience and to stay ahead of cheap imitators. Being able to influence people’s minds and shape community thinking around important social, political and legal issues is also a huge responsibility and not something that I take lightly. Being a woman in a new leadership role in the legal industry has also attracted its own suite of challenges. Positive steps are being made towards gender equality but unfortunately we’re not there yet.” 7. Do you have any future plans for BucketOrange Magazine? “Huge plans are brewing for the publication this year and into the future. BucketOrange has always been more than just a magazine; it’s promoting an aspirational lifestyle. We’re really excited to be collaborating with a number of different organisations to launch some very exciting initiatives that will improve the lives of young Australians. Watch this space.” 8. Do you have any advice for law students who wish to pursue alternative careers such as starting their own business? “If your dream job doesn’t exist, then create it. Get some experience under your belt by working for a few different organisations. Use this time to get a feel for what you are passionate about, what your strengths and weaknesses are, who you are and where you really want to be with your life. This will inform which career path will be a good fit for you. Then get out of your head. Don’t think so much. Just go for it. My career is the perfect example of why you don’t need to know where you are going, you only need to know what you love doing and the rest will naturally fall into place. Starting a business is not the time to use your lawyer brain because if you over-analyse it and worry about everything that might go wrong, you’ll never do it. There’s also “more than one way to skin a cat.” Even though there is strong competition to secure a graduate position, if you want to work in a legal role in the private sector my advice is to try not to put so much pressure on yourself or to expect too much too soon. Take the blinkers off and try to adopt a more openminded approach to your legal career. Landing a job at a top tier firm should not be your only metric for success. Think outside the bucket and see where it takes you.” 19

ABOUT US

WHAT WE LOOK FOR

Excellence

WHAT MAKES US DIFFERENT?

It begins with our people

Commerciality

It’s our people who make us great. It is our priority to ensure they are constantly challenged, recognised, rewarded and empowered throughout their careers.

Our unique way of working

Resilience

We make the complex simple

Well-rounded

We are known for the quality of our legal minds. That’s why we attract some of the most complex legal work, and why our lawyers are recognised as the best in the profession.

Life-long learning

Teamwork

CLERKSHIP PROGRAM Come and explore a career with us by applying for one of our clerkships. Our clerkships offer ambitious penultimate-year law students an insight into the workings of a large corporate law firm, and offer an exceptional opportunity to experience our work, people and culture. Anything is possible with us – provided you are willing to work hard and 20are committed to achieve whatever you put your mind to.

HOW TO APPLY www.allens.com.au/careers ww.linklaters.com/ukgrads www.linklaters.com/hkcareers 15306D

GENEVA SEKULA At the start of 2015 when my law school was abuzz with the prospect of completing clerkships, I had not decided if I was even going to apply. I had heard a lot about cocktail nights and canapés and interviews, but I didn’t know much about what completing a clerkship actually entailed or why I should sacrifice my beloved summer holidays to do one. Having spent the summer at Allens, I can definitely recommend doing a clerkship. It’s an invaluable way to see the inner workings of a commercial firm.

opportunity to experience first-hand how commercial law operates in a different legal system. I had some memorable experiences zipping through Saigon traffic on a motorbike and visiting tourist hotspots; certainly different to the weekends I would have been having at home! Although I didn’t come back particularly fluent in business Vietnamese, I definitely came home with a broader international perspective on commercial law, and felt privileged to have been able to experience life in one of the Asian offices.

I was unspeakably nervous on the first day of my first rotation. I had never worked in a law firm before and I was concerned that I didn’t remember an awful lot from my first year Contracts class at university. I needn’t have worried. That first day I hardly got through any work because the people in my team kept stopping by to say hello, have a chat and see how I was going with everything. I was amazed at how genuinely interested everyone was in getting to know me and making sure I was feeling confident in my work.

I was exposed to lots of different work during my time at Allens. I helped to draft letters, write research memos, conduct title searches, proofread contracts, and attend meetings, among many other things. But the summer was much more than simply doing a job. It was an opportunity to learn the ins and outs of the firm and we went to a number of seminars which helped to shed more light on the culture of the firm. We heard about Allens’ pro bono work and presence in the community and about the alliance with Linklaters, we heard from a panel of partners who gave us insight into their career progression with the firm, and we heard from a panel of graduates who answered any and all of our questions. I attended Christmas parties (yes, plural), was invited to welcome yum cha, and had many, many coffee catch-ups with lawyers and other clerks. Beyond the legal work and the firm, the clerkship is a great way to expand your social networks. We also went to inter-firm trivia nights and the clerk cruise, and had lots of other opportunities to get to know each other, and the clerks at other firms.

This was indicative of the wider culture of the firm and I was deeply impressed by how supportive and enthusiastic everyone was, and how much time the lawyers were willing to take to explain tasks to me or answer my questions. The firm instigates a formal support network with a buddy, development lawyer and supervising partner, which was a great source of comfort and helped to keep me on track. But, beyond that, there were plenty of lawyers who were keen to get involved with the clerkship and offer their help and feedback. One of the reasons I decided to go to Allens was because I saw it as a firm where there would be opportunities to work overseas, and having an international dimension to my career was important to me. I hadn’t ever guessed that my first chance to travel with Allens would be in my sixth week working for the firm. After the Christmas break, instead of boarding a train to Wynyard, I found myself boarding a plane to Ho Chi Minh City where I was to complete a three-week rotation. The Ho Chi Minh City office was very different to the Sydney office. For one thing, it was a lot smaller, and the contracts were in both Vietnamese and English. I had an amazing time in Vietnam experiencing different food and a different culture, but also having the

Allens is a firm full of opportunities. In 10 weeks I travelled internationally, went on an overnight trip to a client office, went on a tour of a coalmine, experienced a Women at Allens panel, visited the Sydney Children’s Hospital, and had the chance to work on pro bono matters. I can’t tell you exactly what to expect from an Allens clerkship, because you never know what opportunities will be there for you to take. The clerkship program gives you the chance to peer inside a commercial firm and to think about your future. I loved my time with the firm and can’t wait to start my career. A clerkship with Allens feels like unlocking the door to an incredible future and I would recommend it to anyone.

CLERKSHIPS AND GRADUATE OPPORTUNITIES WITHIN A GLOBAL NETWORK

21 15306D

Comment

Penalty Rate Changes Anonymous

It is estimated that 800,000–900,000 workers, will be impacted by the Fair Work Commissions’ (FWC) decision to reduce weekend penalty rates by 25%-50% (depending upon the industry) over the next 5 years. While there is highly persuasive evidence offered by the Productivity Commission and businesses showing this decision will increase employment and economic activity on Sundays, the adverse impact upon many low-income individuals and families cannot be ignored. The arguments for and against the decision are at times hollow, and overly politicised. This article attempts to avoid this debate, but to consider why many employees are so reliant upon penalty rates, when often they don’t work for workers. Ultimately, penalty rates have become the inflexible standard, and not the low minimum conditions they are intended to be. Penalty rates were first implemented to compensate workers on weekends for missing out on church and other family commitments. However, church attendance is almost a third of what it was 50 years ago, now at 15%. Considering Australia’s current diversity, it seems natural that individuals would have different lifestyle priorities existing throughout the week. Why then is Sunday still held in such high regard? Many people, who study, play sport, travel, and care for family members, may do so on days other than Sunday. For example, there is a higher cost for a university student to work on a Monday when they have class, than on a Sunday when class is off. For families, a parent may wish to work on a Sunday morning, while the other 22

parent supervises young children. This may be far more convenient and cheaper than working a weekday afternoon shift, and requiring expensive child/afterschool care. While yes, the university student may have assignments or social commitments on Sunday and both parents may want to go to church as a family or fulfil other commitments, these rudimentary examples show that Sunday, for many people, may not be the most inconvenient day to work. For many individuals working penalty rates, but not forgoing a valuable personal commitment, their penalty rates effectively are higher wages, at a very convenient time. Currently approximately 80% of the over 2 million workers paid at the ‘award only’ (meaning 10% of employed Australians are on minimum conditions and wages) are either casual or parttime employees. This 80% includes people explicitly impacted by the reduced rates, who receive the minimum wage, but also hundreds of thousands of weekend workers employed subject to an Enterprise Bargaining Agreement (EBA). These are essentially employment contracts negotiated between employer and employee groups outlining an alternative award. These must pass a ‘better off overall test’ in comparison to the relevant award, as decided by the FWC. Coles, McDonalds and many other large companies’ employees are subject to these conditions, with many already not allowing penalty rates, or be it to the full extent as provided at award. As these conditions are based on the award, upon expiry of the EBAs they will almost certainly be re-negotiated down closer to the latest, lower conditions, as has been alluded to by an opposition spokesman. These employees are not paid primarily with

reference to their contribution towards revenue or their value adding to the company. Nor are they paid in relation to their forgone family time, or childcare payments, or other emotional and personal costs incurred when working. With 10% of Australian workers sitting on bare minimum conditions, and many not much better off on EBA’s it is clear that this award wage is now the standard. It is this standard which is often a business’s first resort in determining what wages to pay, particularly lesser skilled workers. As all businesses operating on weekends have unique cost structures and revenue levels, it is impossible that the FWC’s industry specific awards are an accurate representation of an employer’s true value of hiring a worker. Currently, for businesses where the cost of hiring an employee on the weekend at the award is too high to benefit the business, they will either hire less, the owner will operate the business alone, or not open at all. For these businesses, they may only be able to afford penalty rates on busier days during the week. Businesses however, where the same cost is much lower than the award, can afford to pay employees more, but largely don’t. These businesses are under no legal obligation to pay higher than the minimum, and in these predominantly larger firms, bargaining power is skewed towards the employers, so why would they pay more?

As an employee’s capacity to effectively bargain diminishes, the less their wage represents a product of true personal cost and contribution to a business, and their pay rates will decrease down to the minimum. This, among other factors, is one of the reasons so many people are effected by the FWC’s decision. As they sit on minimum conditions, when the conditions fall, it is only natural their wages follow. Businesses cannot really be blamed for this however. For most, their primary purpose is to make money, and why would they pay more than they had to at the minimum wage? This is unless there was pressure by an employee reasonably requesting (not extorting) for greater pay or more personalised conditions. As outlined, minimum wages, and rigid penalty rates either advantage or disadvantage both employees and employers. If our Industrial Relations system was able to foster such negotiations, the standard of employment conditions would be lifted well above the minimum, lessening the impact of shocks, like the FWC’s decision, upon some of the lowest paid workers in Australia.

This lack of equal bargaining status means employees are unable to negotiate more personalised conditions. For example, what day their penalty rates should be during the week to truly capture the cost of working at inconvenient times. Or with a more equal bargaining position, feel confident to request that pay be (even only slightly) more related to value added and effort put into the business without fear of being dismissed or rostered on less. The inability of Australia’s current labour market system to facilitate such negotiation has led to this standardisation of the award. 23

B E C O M E KING & WOOD MALLESONS A little about what we have to offer Innovation is a way of life at King & Wood Mallesons. We are the only firm in the world created from a merger between a Chinese firm and an Australian firm. Combined with our global platform across Europe, the US and the Middle East, we are facing the future head-on – connecting the world to Asia and Asia to the world. The resulting mix of cultures and clients means that KWM is a melting pot of ideas where the only thing that will stop you is the size of your own vision. We embrace the workplace of the future, focused on what we get done not how we do it. We value mobility, flexibility and agile working. Always pushing the boundaries of what can be achieved, we are reshaping the legal market and challenging our clients to think differently about what a law firm can be. KEY STATISTICS

OUR PROGRAMS

Your role

• 27 offices globally. • One of the largest international legal networks in the Asia region with 500+ partners and more than 2000 lawyers. • #1 global brand in Asia and #14 global legal brand.* • Our clients are a mix of global financial and corporate powerhouses to the new industry-makers and all levels of government (some for over 200 years). • We are the only law firm able to practice Australian, PRC, Hong Kong and English law under one integrated legal brand.

SEASONAL CLERKSHIP PROGRAM

Clerks usually rotate through two different practice groups.

Applications open: Thursday 15 June 2017 How to apply: Via our online application system at

You’ll be allocated a supervisor in each of your practice groups and you’ll work closely with the partners, senior associates and solicitors in that team. It’s a hands-on role, so you’ll not just be watching from the sidelines. During your time in the team, you’ll be involved in telephone conversations, meetings, client visits and the deals the team is working on.

*Source: 2016 Acritas Sharp Global Elite Brand Index and 2016 Acritas Asia Pacific Law Firm Brand Index

REGIONAL PRESENCE The King & Wood Mallesons network extends across the following regions: • Asia Pacific (Australia, Mainland China including Hong Kong, Japan, Singapore) • Europe • Middle East • North America

kwm.com/careers We offer clerkships so that you get a clear picture of what it’s like to be a lawyer at King & Wood Mallesons. You’ll get to know our people, the way we like to work, our culture, practice areas, clients and more. For many, the clerkship is the first stage of continuous development at King & Wood Mallesons. Details of the Seasonal Clerkship Program We’ve designed a program to help you make the most of your time with us. During your clerkship, you’ll learn: • The day-to-day skills to get you started – taking instructions, meeting with clients, drafting memos and documents, managing your practice and professional relationships. • The core practice teams at King & Wood Mallesons – who they are, what they do, how they’re structured, the clients they work for, and of course, your role within them. • Our culture – working within your team, you’ll be exposed to, and also encouraged to be actively involved in, the many activities and events that help create our unique culture. • Our people – you’ll find that people from every part of the business will help you along, sharing their knowledge, and ensuring you have everything you need to fit in, and do well.

Every clerk receives feedback. Informal feedback is also provided on the job from partners, senior associates or solicitors talking you through the work you do. Our people have the opportunity to get involved in the many social and sporting activities that go on in the firm as well as the broader community in which we live. GRADUATE PROGRAM Our graduates participate in a targeted development program. We have a framework that cultivates valuable skills and that sets our graduates up for success now and in the future. The program provides a practical business foundation for junior lawyers. You’ll receive: • Meaningful work covering a wide range of practice areas • Client contact and an in-depth understanding of how they operate in a commercial and regulatory environment • The opportunity to work with a range of partners, senior associates and solicitors in different practice groups • A practical understanding of areas of our legal practice • A comprehensive knowledge of the firm, our technology, our resources, our processes and, of course, the people you’ll work with.

MARY COSTA

ELLEN WICKS

People & Development Manager, Canberra Centre King & Wood Mallesons e. mary.costa@au.kwm.com

People & Development Coordinator King & Wood Mallesons e. ellen.wicks@au.kwm.com

Asia Pacific | Europe | North America | Middle East

www.kwm.com

Working out what to do with your law degree can be a tricky process. Sarah Lowe, a graduate solicitor at King & Wood Mallesons, sheds light on her experience as a junior lawyer working in the firm’s Canberra office. Sarah joined the firm as a summer clerk in the summer of 2013-2014 before becoming a graduate in February 2016. WHY KWM?

SARAH LOWE Solicitor King & Wood Mallesons

I certainly didn’t expect to become a commercial lawyer when I started law school and hadn’t seriously considered it as an option during my first few years of study. However, I attended the LSS Clerkship night in my third and fourth year and also got to know a couple of people that had completed clerkships at KWM (both later became KWM graduates). Hearing about the type of work that my friends were doing attracted me to the KWM clerkship. I began to experience the culture of KWM’s Canberra office firsthand through the selection process and this convinced me that KWM Canberra was where I wanted to be. The summer clerkship confirmed for me that KWM Canberra was the right choice. I gained so much valuable, hands on experience in big and exciting matters, while feeling supported in a culture that I really fit in to. HOW DID YOU COME TO BE A KWM GRADUATE? I applied for a summer clerkship in my fourth year of university and was pleased to be offered an interview. I was surprised to be welcomed into the office for what turned out to be a pleasant chat with two of the partners. This relaxed and friendly approach continued in my second interview and at the “Inside a Deal” cocktail evening. I was fortunate enough to be offered a clerkship that summer and was offered a graduate position when I finished. I happily accepted, but wanted to do something a little different for the year immediately after I finished uni. KWM were really flexible about allowing me to defer my start date for 12 months, and I commenced as a graduate two years after finishing my clerkship. WHAT KIND OF EXPERIENCES HAVE YOU HAD? More than anything else, I have really appreciated the variety of work that I have been able to experience in my time as a summer clerk and as a graduate.

The size and culture of the firm allows plenty of opportunity for clerks, graduates and junior solicitors to undertake work across teams, across practice areas and across jurisdictions. This is fantastic for developing broad legal skills and adaptability, and it has given me the opportunity to try out all kinds of different things before deciding where I might want to focus my career. My experience as a summer clerk spanned matters as diverse as advising on major development projects and assisting with a Royal Commission. As a graduate I’ve assisted in major cross-border transactions, worked for significant local and national clients, and have even managed to spend some time in court without ever (officially) being in the dispute resolution team. My work as a graduate in the foreign investment team has been particularly exciting. This experience has given me a great insight into all kinds of major transactions by foreign investors into Australia, and provides a high level of direct client contact. WHAT’S NEXT? I’m really looking forward to starting my next graduate rotation in KWM’s Hong Kong office. When weighing up clerkship options I was really attracted to KWM’s focus on Asia. A real perk of the grad program is that graduates can apply to complete their final rotation in an interstate or overseas office and many are lucky enough to be given this opportunity each year. The partners here in Canberra were very supportive of my application and I’ve been fortunate enough to be offered a six month rotation in the Hong Kong office along with another graduate from Sydney. I’m really excited to experience working and living overseas and to continue to develop and grow professionally in a very different environment. When I return, I hope to settle into the mergers & acquisitions team to continue working in foreign investment as well as major transactions for the firm’s government and telecommunications teams. I hope that my experience in Hong Kong will give me a great insight into how foreign investors perceive and approach investments into Australia, as well as broadening my professional networks and connections, which will be very useful back here in the Canberra office.

Visit our Facebook page facebook.com/KingWoodMallesons

Collaborate Licenced conveyancers Jacinta Lagana and Ashley Wilson, meeting to review an off the plan contract containing special conditions for a client.

graduates.minterellison.com

Innovate Partner Gareth Jolly and Associate Cameron Loughlin after winning the firmâ&#x20AC;&#x2122;s national Hackathon for their new legal service app.

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MOVE YOUR MIND

Graduates in Law

Aim beyond pure legal knowledge. Beyond commercial advice. Be known for something more: a clarity of thought and an instinct for problem solving that can influence governments and leading businesses the world over. Join us and weâ&#x20AC;&#x2122;ll help you enrich and expand your worldview, grow your skills and influence new ways of thinking. In other words, weâ&#x20AC;&#x2122;ll help you move minds.

Begin now at careers.ashurst.com Connect with us on

REBECCA Lawyer Studied: Bachelor of Law (LLB), Australian National University

Ashurst has a reputation as a trusted advisor to some of the world’s largest organisations. But that wasn’t the only thing that drew me to a career here. The people and the culture were also a big attraction. As well as exposure to fascinating complex projects, there’s a really supportive team atmosphere. The people really care about your professional development. Their encouragement and support have helped me take on an engaging mix of public and commercial law. It’s included everything from major capital acquisitions and infrastructure projects to unfair dismissal and discrimination claims. My work has been as varied as the matters themselves. As well as drafting agreements, I’ve researched complex issues, attended court and prepared briefs to counsel. A particular highlight was a multi-billiondollar project for the Australian Government. I helped draw up the agreements, drafted advice, took part in negotiations with several international parties and liaised directly with the client. I worked closely with my supervising partners and senior associates throughout, and they all put a lot of trust in me. In fact, I was surprised at just how much responsibility I had early on. Even at their busiest, my supervising lawyers and partners took the care and time to give me meaningful work. Senior-level commitment to developing early career lawyers is a focus.

careers.ashurst.com

LAUNCH. JOIN THE GAME-CHANGERS OF AUSTRALIAN LAW If you share our ambition to be the best, Gilbert + Tobin will place you on that trajectory. We employ a diverse mix of talented and ambitious people who are attracted to the firm because of its entrepreneurial spirit, creative approach and capacity for change. These are the reasons we enjoy a reputation as the most successful corporate law firm to emerge in Australia in many years. We advise many of Australia’s and the world’s leading organisations and focus on the most dynamic sectors. Our clients and projects span Australia, Asia and emerging 30 African markets.

Located in the heart of the CBD, the partners and lawyers in our Sydney office include some of Australia’s leading practitioners in:

+ Banking + Infrastructure + Competition + Regulation + Corporate Advisory + Energy + Resources + Intellectual Property + Litigation + Pro Bono + Real Estate + Projects + TMT + Project Services.

If you want to work for a first-tier corporate law firm, and you want to be the best you can be, we would be delighted to hear from you.

“

SYDNEY | MELBOURNE | PERTH

We are an egalitarian, open-minded meritocracy committed to the growth and development of our people.” Danny Gilbert, Managing Partner

FIND OUT MORE AT WWW.GTLAW.COM. AU

Citizenship Cancellation: a new chapter in Australia’s fight against terror Dan McNamara With the threat of terror continuing to greatly affect international relations, state powers worldwide are scrambling to increase border protection and counterterrorism mechanisms. This article will consider the effect of the recent power granted to the Immigration Minister to cancel the citizenship of dual citizens. 2017 has been a symbolic year for international efforts against terror. With ISIS still holding significant landmass in Iraq and Syria, coupled with sleeper cells and propaganda regimes worldwide, the pressure is on for domestic decision-makers to protect their own borders. Australia, despite being geographically farremoved from Iraq and Syria, is still threatened by the efforts of this terror organisation. It too has had a fair share of terror-related incidents, namely in the Lindt Café Siege of 2014, where two civilians were killed during Man Haron Monis’ standoff with special forces. Naturally, counter-terrorism measures have been at the forefront of much political discussion, and the spectrum of responses has been large. Notably, the travel ban instated by US President Donald Trump has been met with an immense backlash due to its rash implementation. This policy was not supported by the US Supreme Court who, at present, continue to block proposed revisions to the policy. In Australia, a country whose immigration policies are considered to be some of the strictest in the world, also legislate in light of 32 the current international political climate.

As a firm ally of the US who are a leading figure in the fight against ISIS, a concern for both countries alike are the implications of having home-grown militants returning from fighting in the Middle East. One individual that has caught the attention of the media in Australia and worldwide is Khaled Sharrouf. Born to Lebanese immigrants to Australia, Sharrouf gained widespread attention from his prominent featuring in ISIS propaganda videos, as well as an image depicting Sharrouf and his sons holding severed heads. With individuals like Sharrouf in mind, the Federal Parliament passed the Australian Citizenship Amendment (Allegiance to Australia) Act 2015 (Cth). Under this amendment act, the powers to cancel citizenship covered those who: • have been found guilty of making a false or misleading statement in relating to their citizenship application; • have been convicted of an offence against either an Australian or foreign law; and • have either been sentenced to death, or a term of imprisonment for 12 months or more; • have been convicted of a serious criminal offence and has been sentenced to at least 12 months’ imprisonment at any time prior to becoming a citizen; • have gained citizenship either through migration, or third party fraud; and/or

â&#x20AC;˘ the Minister is satisfied that it would be of the use of the power will likely come into contrary to the public interest if the person play, and contribute to a new chapter of remains an Australian citizen. Australiaâ&#x20AC;&#x2122;s legislative fight against terror. Prior to the passing of this legislation, only those who were convicted of serving in armed forces of a country Australia was at war with could have their citizenship cancelled, a power which was never carried out.

Dan is a final year Arts/Law student, who takes particular interest in the paths decision-makers take in legislating against terror organisations.

Earlier this year, the citizenship cancellation Image from: http://www.ilmaustralia.com/ power was used on Khaled Sharrouf, tough-new-australian-citizenship-lawsconsidered by Immigration Minister Peter give-minister-power/ Dutton to have satisfied the abovementioned criteria. Widespread attention was gained from this decision, with a spectrum of responses by media outlets and individuals alike. Yet, at present, Iraqi armed forces continue to reclaim Mosul, a city which was once the headquarters of the ISIS regime. In the slow but steady diminution of ISISâ&#x20AC;&#x2122; hold in the region and beyond, the focus will largely shift to the return of foreign fighters to their countries of origin/citizenship. Inevitably, this power will continue to be used in Australia, having a general bilateral support in both the upper and lower houses of Federal Parliament. The implications of the discretionary nature 33

Satire

Lawve Actually Matthew Barton

So it’s Week Six, Semester One, and you are probably feeling a tad exhausted. Your motivation and drive to succeed have disappeared more rapidly than a cupcake in George Christensen’s electorate office. Like penalty rates, your life expectancy has been dramatically cut. And despite being swamped by an interminable amount of readings, you thought that you would inject a bit more enjoyment into your life by reading an article that you will quickly find is a waste of time. Finding love in the law school. What is it like? How does one do it? Is it gluten free? Having watched and wept during La La Land you have found yourself desiring a relationship irrespective of whether it is condemned to a bittersweet ending or not (#OscarsRIP). You are on the journey to find your Mia or Sebastian, and because the ANU doesn’t believe in either music or drama, the law school is the surest place to find a couple of white narcissists. But be warned. Falling in love with a law student may not be all what it seems. Stephen Bottomley lied when said that law students are notoriously kind and caring towards one another, possess a decent humanity, and have a general aversion to Ralph Lauren. For some, there are plenty of reasons to date within the law school. You can go to class and study together. You can help each other out with the overwhelming stress that stems from the pressure of overly expectant parents, the inability to reconcile delusions of grandeur about what law school and the legal profession are like ,and the general self34

loathing that comes from imprisoning yourself in Canberra for five years to get a degree with limited prospects when Melbourne and Sydney have better clubs and large bodies of water that wave back at you when you are sad and alone. I once fell for a law student, and fearing a heartbreaking loneliness akin to living in a Unilodge room and calling it ‘Bruce’, I pulled out all stops to make them mine. I bought a MacBook. I donned activewear and a stolen Burgmann jersey in a desperate effort to fit into the inner sanctum. I even sent CDs of Ron Levy’s dulcet voice. Unsure whether it was the CD or that my LinkedIn profile stated that I was an equity partner of a law firm looking for clerks, it worked a treat. After giving them all my tabulated summaries, swapping tutorial times, and waiting for the four-other people they were seeing at the time to leave, they were finally mine. Despite not being invited to their place, or even being asked out on a date once, it was the best four years of my life. So if you are feeling in the mood for some lascivious litigation or titillating torts, head to the lawbry with MacBook in hand.

Regular Column Off the Hotplate Kathy Lee

Greetings fair BBQ-ers! Welcome to Off the Hotplate, an aspiring regular column that seeks to bring to life the glorious, yet understated, world of the barbeque. Here you’ll find recipes, reviews and handy hints to ensure that your next BBQ runs as smoothly as your knife over a buttered roll. Having said farewell to summer, your humble BBQ Officer has been lamenting the ever approaching Canberra winter. For those of us who live our lives with tongs in one hand and spatula in the other, winter signifies many long sad months where the BBQ often languishes in the shed or in a corner of the patio, not thought of except perhaps during a brief consideration whether our BBQs could moonlight as indoor heaters.* But before hanging up the apron for the next eight months and resigning ourselves to soggy sandwiches and microwaved soups, we’re firing up the BBQ for one last time to bring friends together and clink our glasses to the last of summer’s sausage sizzles. Till next time – happy frying! --- K.L. The side plate Keep the summer vibes going with this refreshing watermelon, feta and mint salad. You’ll need: -Watermelon (generally, your BBQ Officer uses one quarter of a watermelon – this feeds about six people or two and a half people who really like watermelon) -Greek feta (use as sparingly or as generously as you wish – depends on your affection for feta. Your BBQ Officer will usually use half a packet block) -Mint (one bunch) -Optional: rocket lettuce (this adds a peppery hit to the salad and adds some greens as well.

You may want to leave this out if you’re particularly politically conservative)** Method: 1. Cut watermelon into bite sized chunks. Place in a salad bowl. 2. Crumble greek feta into sizes of your preference. Add to watermelon. 3. Rip mint and place in salad bowl. 4. Add rocket. 5. Mix ingredients in bowl. 6. Serve. This salad can accompany any BBQ food, but compliments lamb dishes particularly well. Vegan friends: Leaving out the feta would probably not harm this salad too much. I suspect that adding salt to the watermelon may assist in bringing out its flavour in a similar way to the feta – although please try this at your own risk. A retraction to this comment may be published in the next edition. Currently listening to Winston Surfshirt’s ‘Be About You’ Chilled, mellow but happily upbeat. Great for when everyone’s relaxed and chatting – a solid pre-food coma song Tip of the week Over-catered? Left-over sausages can make a great addition to tomato based pastas or to fried rice. That way you can carry your BBQ joy for just a little while longer. * The risks associated with inappropriate BBQ use are significant. Don’t use your BBQ as an indoor heater. It may be the last time you ever BBQ. ** A little joke

Photo credit: Julia Faragher 35

Agony Aunt Peppercorn Editors Dear Agony Aunt, It’s come to that time. I’m in my ever-dreaded fourth year and now careers information is actually applicable to me. What can I do to get employers to look past my P average and welcome me with open arms into a clerkship? Sincerely, Penultimate and Petrified Dear Penultimate and Petrified, Never fear! Unfortunately you missed the opportunity to schmooze King & Wood Mallesons into giving you a portable charger at the Careers Fair, but there are many other things you can do. Create a LinkedIn page! Download the Careers Guide! If nothing else works, call on the parents of your fellow law students and give old nepotism ago. Otherwise, there’s always the tried and tested method of going to Moose on a Thursday and hoping to forget about the future. Wishing you the best in your career goals, AA xx Dear Agony Aunt, I have really serious trust issues towards my contracts lecturer who told me everything Is subjective. What do I do? xo Sincerely, Troubled first year Dear troubled first year, Don’t worry about contracts, just remember every lecture costs $17. I can’t speak for Dilan but you may be unduly influenced by your subjective standards. Perhaps if you review your moral compass, you will find that law is indeed hell. Much love, AA xx 36

Dear Agony Aunt, Help! I’m confused with everything at the moment. I don’t know what is going on in the lectures, readings or tutorials. What do I do? Sincerely, Confused Law Student Dear Confused Law Student, I hate to break it to you, but this condition is chronic. Rest assured, however, that many other law students are going through the same thing (well, except JD students- they know everything). You have done well in identifying your problem/s. That is the first step towards recovery. I would also recommend these steps: 1. Recognise that there is a higher power that will give you strength to get through this (Kiefel CJ) 2. Examine your problems with the help of your tutor- they might finally get to know your name. 3. Focus on living a life free from procrastination. 4. Help your fellow law students who are suffering from the same problem- you might even gain some confidence from knowing that they are even more clueless than you are. Also…it really wouldn’t hurt to consider dropping law altogether. I can assure you that will guarantee you a longer life-span. Much love, AA xx

Dear Agony Aunt, Five weeks without any Admin slides and I’m starting to panic. What will I do if I can’t just memorise a PowerPoint before the exam?! Please help, Echo360 dependent Dear Echo360 dependent, Start going to lectures! I’ve heard the lecturer has started reading the textbook with the help of an overhead projector, I’m sure that will be more than enough for you to absorb content. If not – census date isn’t until the end of this week. Maybe SELT reviews will tell them that by third year, law students are too used to being hand fed with slides to start reading textbooks, and it’ll all be fixed by 2018. Good luck with those summaries! AA xx 37

UNIQUELY ANGUS In applying for a Summer Clerkship HDY was the firm that stood out for me. Even before I stepped foot inside the building I felt the firm was unique. I was not wrong; the first interview drew me into an environment that exuded professionalism yet carried itself with a relaxed charm. This balance certainly made HDY the perfect fit for me.

UNIQUELY A PLACE TO THRIVE

From day one, I really got a sense that HDY was investing in my future. We were taken through a comprehensive four-day training program, run by representatives from the People & Development, Knowledge and Finance teams. After finishing the first week with a boat ride across Sydney Harbour, a high ropes course at Taronga Zoo and an afternoon at Opera Bar we were well and truly ready to start our rotations. The HDY Summer Clerkship is structured so you complete three rotations in various practice groups, exposing you to a diverse mix of work and people. I rotated through Banking, Turnaround & Insolvency first, moving to Commercial Disputes & Intellectual Property next and finishing with Financial Services. Highlights of my clerkship included; the numerous client meetings I attended, an opportunity to contribute to a client development project, working on cross-border insolvency matters, and assisting in advising fund managers from New York, London and Hong Kong. I was even able to play a part in an eye opening pro bono matter while in the Disputes group.

UNIQUELY COLLABORATIVE

UNIQUELY DETERMINED

UNIQUELY YOU

Over the nine-week rotation program I learned a lot about time management, managing expectations and effective communication. From Partner level, to support staff I really felt like everyone at HDY was excited about my development. More importantly though, I was inspired by the pride everyone at HDY has in their work and the contribution they make not just to the firm but to society as well. If I havenâ&#x20AC;&#x2122;t convinced you already, I would encourage anyone who wants to be part of a high-energy, teamorientated working environment to apply to HDY. My Summer Clerkship at HDY has been a life-changing experience and Iâ&#x20AC;&#x2122;m sure it will be for you too.

Angus Jamieson Summer Clerk 2016/17

Gilda Carter, Graduate Recruitment Manager T: +61 2 9947 6532 E: summerclerks@hdy.com.au

Editorial Team Brigid Horneman-Wren Belinda Lin Ashish Nagesh Cover Illustration Guy Exton Formatting and Design Belinda Lin Special Thanks to Hugo Kneebone Bryce Robinson

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