Peppercorn Issue 3 2017 by Peppercorn

ABOUT US

WHAT WE LOOK FOR

If you want to make the most of your career in law, our global network is the perfect place to start. Our worldwide capabilities give us access to the most interesting markets, the most exciting clients and the most significant and complex transactions. For you, this means the chance to work on market-leading deals with some of the most experienced and talented lawyers in our industry, together with access to international secondment opportunities from early in your career.

Initiative A curious mind is vital, as is plenty of initiative. The more adaptable you’re prepared to be and the more energy you bring, the more you’ll get out of your career here. You’ll be able to steer a path that turns possibilities into realities.

Excellence

WHAT MAKES US DIFFERENT?

Excellence is essential; it’s a guarantee we give our clients. Intellectually rigorous, driven and eager to learn, you’ll set the highest standards for yourself and strive to be the best you can be.

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.

Successful lawyers understand that law is more than an academic pursuit. It’s about understanding the client – their objectives and the challenges they face – as well as the wider commercial environment in which we operate.

Our unique way of working

Resilience

We adopt a flexible approach to the way we work, which builds strong and diverse teams, and is one of the reasons our lawyers tell us a career here is so rewarding. You won’t be limited to working with a particular partner or group. Instead, you will have the opportunity to drive your career by working with a range of lawyers and partners.

Positive people thrive in our environment. We look for people who can build sustainable careers with us; people who successfully juggle a busy life and varying commitments while maintaining their wellbeing. Like us, you’ll believe that leading a full, active life outside the law can make you a better person to work with.

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.

Our clients often tell us we have ‘great people’. And it’s true. We look for diversity – people who bring a fresh perspective and energy to everything they do, with the ability to create strong relationships with each other and with clients.

Life-long learning

Teamwork

As a graduate, we’re committed to giving you the best professional and personal development opportunities. Our training programs provide graduates with practical legal education of the highest professional standard. You’ll build your knowledge of the law and business and find an area of law that inspires you. We will support you with leading learning and development programs to round out your skills and put you on the path to becoming a market-leading lawyer.

The ability to work collaboratively and efficiently with others is of fundamental importance to working successfully at a commercial law firm. Negotiations involve work with multi-disciplinary teams across borders and successful lawyers work to reach the best possible outcome in transactions, mediations and arbitrations.

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 2 committed to achieve whatever you put your mind to. are

Attention to detail Lawyers are expected to have an accurate and meticulous approach to their work. You need a good eye for detail to be able to communicate effectively on paper with both colleagues and clients. Attention to detail is part of providing a quality service to our clients.

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

WITH THANKS TO OUR SPONSORS PREMIER SPONSORS

MAJOR SPONSORS

GENERAL SPONSORS

Your journey to a world-class career begins here

Baker McKenzie is Australia’s first global law firm. We’ve been developing global lawyers in Australia for more than 50 years – each started out as a law student, just like you. Become a world-class lawyer. Join the firm that was born global.

www.bakermckenzie.com/en/locations/asia-pacific/australia#careers

Find us at @BakersAUS

Find us on Facebook

Ready to explore our world? Angelique Wanner +61 2 8922 5596

Contents 6

Confessing Your Data Breach Sins: a Hypotheical Application

Michael Swinson and James Patto

16 Australian Law Students’ Association Conference 2017: A Recap Conor Tarpey

ALSA Competition Experience: Client Interview Alexandra Cornfield and Isabella Sorby

34 ANU LSS New Committee Member Profiles

18 Law Ball Photos 19

Oh La Law Ball 2017 Felicity Moran

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

20 What we’re All Forgetting About North Korea Guy Exton 32 Comment: Postal Survey Rebecca Schneider

Confessing your Data Breach Sins- a Hypothetical Application of the New Mandatory Data Breach Notification Regime Michael Swinson and James Patto

Note: This article was first published in Australian Media, Technology and Communication Law Bulletin published by LexisNexis. Earlier this year, after several frustrated efforts, Australia finally passed new mandatory data breach notification laws in the form of the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (which will come into effect on or before 22 February 2018). While much has already been written about the Act, there is still a degree of uncertainty as to how the new regime may play out in practice. In this article, we aim to guide readers through the practical application of the laws by reference to a number of hypothetical fact scenarios and, in the course of doing so, provide some practical compliance tips. Scenario 1 — #meettheparties

Flashdance Enterprises (Flashdance) is a multi-billion dollar public company headquartered in Badger Creek, which exclusively sells disco lights. Swiss Cheese Systems (Swiss Cheese) is a marketing consultancy firm. Both are “Australian Privacy Principle (APP) Entities” for the purposes of the Act. Flashdance outsources its core marketing functions to Swiss Cheese and has provided Swiss Cheese with a copy of its complete customer contact list (including the credit card details of repeat customers) for this purpose. A typical outsourcing contract will impose privacy obligations on service providers like Swiss Cheese in relation to the storage, use and disclosure of personal information that they may obtain in the course of performing their services. In addition, it is also common to see additional cyber security obligations requiring the service provider to follow certain technical and operational standards to prevent or mitigate the risk of data breaches (eg, mandatory software patching, vulnerability scanning, use of encryption, compliance with security audits, and so on). In light of the new mandatory data breach notification laws, it would be wise for Flashdance to review the terms of its outsourcing contract with Swiss Cheese in order to confirm that it adequately deals with data breach detection and notification issues. In particular, Flashdance should ensure that: - Swiss Cheese is required to immediately notify Flashdance on becoming aware of any data breach and to provide information and other assistance requested by Flashdance to assess the seriousness of and respond to any reported breach; and - Swiss Cheese is prohibited from notifying any third party of a data breach without Flashdance’s express prior approval. In particular, the contract should state that Flashdance has exclusive control over any breach notices that may be required under the new mandatory data breach notification laws. This second limb is critical, as it will ensure that Flashdance is able to control how a potentially awkward message is delivered to its affected customers. A key focus for any organisation in the wake of a data breach will be to limit any resulting harm to its reputation. It will certainly not be helpful for the organisation to find out that a service provider has unilaterally taken upon itself to contact customers about a data breach in which the service provider was involved. Inconsistent messaging in relation to the breach is likely to erode trust and compound brand damage.

In this context, it’s important to note an exception in the new data breach laws that is designed to prevent duplicate breach notices. The exception provides that where a breach would be notifiable by more than two entities (eg,

in the case of a joint venture arrangement where both joint venturers may have obligations in relation to the same information, or an outsourcing arrangement where both customer and supplier may be custodians of the same information), only one entity needs to issue a breach notice. Accordingly, in our scenario, if Flashdance issues a notice, then Swiss Cheese will have the benefit of this exemption. As a side note, additional factors could come into play if Swiss Cheese was based entirely offshore. In this case, Swiss Cheese may potentially not be directly subject to Australian privacy laws. If so, then any actions of Swiss Cheese in relation to personal information disclosed by Flashdance would be attributed to Flashdance, and Flashdance would be directly responsible for complying with the new notification regime in relation to breaches affecting Swiss Cheese outside Australia. In this case, it would be even more important for Flashdance to ensure that its outsourcing contract imposes appropriate cooperation and assistance obligations on Swiss Cheese. Further, Flashdance may insist on stricter indemnity protections in order to ensure that it will be kept whole in the event that an overseas breach by Swiss Cheese results in some direct liability for Flashdance in Australia. Scenario 2 — #nothingtoseehere

Swiss Cheese identifies that its systems have been hacked by a disgruntled ex-employee who was recently fired for misconduct. While it can see that there has been some intrusion, it is too early to tell what information (if any) relating to Flashdance or its customers has been accessed, modified or used by the ex-employee. As explained further below, a data breach only becomes an eligible data breach (ie, a breach that would trigger the notification requirements) if it is likely to result in serious harm to an affected individual. At this stage of our scenario, it is possible but by no means certain that an eligible data breach has occurred. However, if the contract that Flashdance has in place with Swiss Cheese is drafted well, then Swiss Cheese will still be obliged to notify Flashdance about the suspected breach so that they can decide on the next steps both organisations will take. In order to comply with s 26WH of the Act, Flashdance and Swiss Cheese will be required to carry out a reasonable and expeditious assessment of whether there are in fact reasonable grounds to believe that an eligible data breach has occurred. They must use reasonable steps to ensure that the assessment is completed within 30 days of becoming aware of the breach. We would hope that the outsourcing contract with Swiss Cheese would allow Flashdance to take the lead in investigating and assessing the potential breach, and would include appropriate audit and cooperation provisions to require Swiss Cheese to assist in the investigation process (eg, by disclosing relevant information relating to the breach and providing access to any systems that may have been compromised for the purposes of forensic examination). The assessment must be both “reasonable” and “expeditious” though there is no clear objective standard for meeting these criteria. In all likelihood, what is reasonable and expeditious will depend on the circumstances of each case, including the size of the potential data breach, the information required to properly assess the breach and so on. In some cases, if an organisation lacks specialist forensic skills required to properly investigate a breach, it may be reasonable to engage external security experts to assist with the assessment. If the investigation reveals that a breach has occurred, then it would be sensible for Flashdance to immediately seek to implement remedial action to limit the impact of the breach. Section 26WF of the Act provides that if remedial action has been taken to prevent any serious harm resulting from a breach, then the notification obligations will not apply. Depending on the circumstances, remedial action may include things such as remotely wiping data stored on lost devices, resetting passwords, confirming that unauthorised recipients of compromised data have deleted it and so on. The sooner these remedial steps can be taken, the more likely it is that a breach notice will not be required. Scenario 3 — #it’sabreach!

As a result of their investigation, Flashdance and Swiss Cheese identify that the disgruntled ex-employee logged into his still active user account and accessed the corporate email addresses and names of 20 of the representatives of Flashdance’s key corporate customers. After obtaining this information, he posted the information to a personal online blog stating that the people listed are doing business with “the devil”. His blog has an average of 10 visits per month. Now that the parties have determined that there has in fact been a breach, they must determine whether or not it is an eligible breach for which a notification is required. A breach will be an eligible breach if either of the following conditions is satisfied:

- there is unauthorised access to, or disclosure of, personal information, and a reasonable person would conclude that the access or disclosure would be likely to result in serious harm to any of the individuals to whom the information relates; or - personal information is lost in circumstances where unauthorised access to or unauthorised disclosure of that information might occur, and if it did, a reasonable person would conclude that it would be likely to result in serious harm to any of the individuals to whom the information relates. Flashdance is dealing with a situation where there has been unauthorised access to and disclosure of information, rather than any loss of information, so it is the first of these conditions that is relevant. The breach will need to be notified if a reasonable person would consider that the relevant access and disclosure would be likely to result in serious harm to the individuals affected (ie, the 20 customer representatives whose details have been taken). The relevant Explanatory Memorandum[1] clarifies that “likely” in this context means more probable than not (so that a notice will not be required if there is only a remote possibility of harm eventuating from the breach) and s 26WG of the Act sets out a list of factors that should be considered when dealing with the question of “serious harm”. Some of these factors are: - the kind and sensitivity of the information in question; - whether the information is protected by a security measure (ie, encrypted or password protected) and the likelihood that those could be overcome; - the kind of person who may have obtained access to the information (ie, if they are motivated by a desire to cause harm); and - the nature of the harm suffered. The Explanatory Memorandum also states that: Serious harm, in this context, could include serious physical, psychological, emotional, economic and financial harm, as well as serious harm to reputation and other forms of serious harm that a reasonable person in the entity’s position would identify as a possible outcome of the data breach. Though individuals may be distressed or otherwise upset at an unauthorised access to or unauthorised disclosure or loss of their personal information, this would not itself be sufficient to require notification unless a reasonable person in the entity’s position would consider that the likely consequences for those individuals would constitute a form of serious harm.[2] In the authors’ view, in this particular fact scenario, it would be hard to argue that the misappropriation of corporate email addresses and names followed by disclosure on a private blog (albeit in an unflattering context) would be likely to lead to serious harm. First, this information is not of a kind and sensitivity that would be likely to lead to serious harm if misappropriated. In many cases it would already be publically available on social media platforms such as LinkedIn, or even the customer’s corporate website. Second, the method of distribution of the information means that it is unlikely that the relevant disparaging remarks on a rarely frequented internet backwater will have a substantial impact on each of the individual’s reputations. Although there is potential for some reputational damage and distress to result from the disclosure, in the authors’ view it is likely to fall short of the “serious harm” threshold. Weighing up these factors, it is likely that a reasonable person would conclude that the access to and disclosure of the information about Flashdance’s customers would not be likely to result in serious harm to the individuals concerned. However, it is not hard to imagine how a different conclusion could be reached in slightly different circumstances — for example, if the type of information disclosed included personal home addresses as well as work email addresses, and if it was posted on a widely viewed forum in a context that could damage the person’s professional standing or cause some personal humiliation (eg, posting details of oil company employees in a forum popular with environmental activists, with an exhortation to target those employees for harassment or abuse). In either case, Flashdance would be well advised to take steps to mitigate the risk of any further harm occurring (eg, by contacting the relevant website host to see if they can have the offending posts taken down). While on the facts of our particular scenario the breach may not be notifiable, this does not mean that there are no potential consequences for Flashdance or Swiss Cheese. By failing to cancel the ex-employee’s system access, there may 8 well have been a failure to adequately protect the personal information stored by Swiss Cheese, which could amount

to a breach of relevant security obligations that apply under the Act. This could, in turn, prompt an investigation and some type of enforcement action by the Privacy Commissioner, such as a declaration that there has been a breach, and an order that specific actions be taken to ensure that it is not repeated. Scenario 4 — #thistimeit’sfinancial

Flashdance engaged a third party investigator to help look into the breach affecting Swiss Cheese. However, unfortunately, it turns out that one of the investigator’s personnel had gone rogue and while carrying out the investigation duplicated Flashdance’s entire customer contact database (containing 100,000 entries, including home addresses and credit card details) intending to sell it to a criminal enterprise. Once again, there is a clear data breach as the investigator has accessed and disclosed information in a way that was not authorised. However, in this case, the likelihood of serious harm arising is much higher. In particular, the information that has been misappropriated includes detailed personal and financial information and is much more prone to being misused to cause serious harm, such as financial fraud or identity theft, than a mere list of names and email addresses. In addition, in this case, the person who has obtained access to the information has done so deliberately for criminal purposes, so that further harm is likely to ensue. Accordingly, in the authors’ view, it is likely that this breach would be considered to be an eligible data breach. In order to discharge its notice obligations in relation to this breach, Flashdance would need to prepare a statement relating to the breach and provide the Privacy Commissioner with a copy of the statement as soon as practicable after becoming aware of the breach. The statement must contain the following information: - the identity and contact details of each entity affected by the breach (in this case, both Flashdance and Swiss Cheese, noting that Swiss Cheese would not need to issue a notice of its own once Flashdance has done so); a description of the breach; - the kinds of information concerned; and - recommendations about the steps that individuals should take in response to the serious data breach. The last section of the notice is perhaps the most important — a key purpose of the notice regime is to ensure that individuals affected by a data breach are educated on how to protect themselves against any ensuing threat. Naturally the precise recommendations in each case will depend on context of the breach and the type of information that has been affected. However, in the present case, recommendations could include that affected individuals: - contact their bank to cancel their credit cards or otherwise review their account statements for signs of any fraudulent activity; - beware of suspicious messages that could be sent by a third party fraudster using the stolen information in order to fish for further details that could be used for purposes of identity theft (eg, emails asking for driver’s licence or passport details, or asking to confirm credit card PIN); and - asking major consumer credit-reporting bureaus to place a fraud alert on their name. As well as providing its prepared statement to the Privacy Commissioner, Flashdance will also need to take steps to provide the same information from the statement to individuals affected by the breach. There are a few ways in which Flashdance may discharge that obligation: - if practicable, provide a copy of the statement to each individual to whom the compromised information relates (ie, every customer in the Flashdance database) or alternatively to each individual who is at risk from the eligible data breach (ie, if Flashdance has grounds to think not all customers are at risk of serious harm — for example, if some customer records did not include any payment details or other information beyond a corporate email address — then Flashdance may choose instead to only notify the subset of customers at risk); or - if neither of those is practicable, publish a copy of the statement on Flashdance’s website and take reasonable steps to publicise the content of the statement (eg, by including notices in Flashdance’s social media feeds or in future customer communications, such as in newsletters that Flashdance produces and distributes about its business). Of course, this may only form part of Flashdance’s overall public relations strategy for dealing with this incident. Customers who receive the notice issued by Flashdance to comply with the breach reporting obligations may have

further questions, so Flashdance may wish to set up a frequently asked questions (FAQs) page on its website or establish a dedicated hotline to deal with customer queries. Flashdance may also wish to provide regular updates on its website about further mitigation and correction activities that are occurring internally, in order to demonstrate its commitment to dealing with the incident in a transparent manner and mitigate any damage to its brand and customer relationships. Scenario 5 — #don’tdothis

Flashdance’s CEO is away on holiday at the time the breach is uncovered. In her absence, no one else at Flashdance feels empowered to issue a breach notice. Instead, the management team decided it is better to wait until the CEO returns. By the time the CEO arrives back in the office, all of the management staff have forgotten about the breach and Flashdance does not end up notifying the Privacy Commissioner or any of its customers about the breach. In this case, it is relatively clear that Flashdance will have failed to comply with its notice obligations. This will constitute an interference with the privacy of an individual whose information was misappropriated. If the Privacy Commissioner independently becomes aware of the breach (eg, by receiving a complaint from a member of the public), he or she may order Flashdance to issue a breach notice. The Privacy Commissioner will also have the full range of ordinary enforcement options available under the Act, including powers to carry out an investigation into the incident and to make a determination that Flashdance has breached the Act and must take certain steps to ensure that the breach is not repeated or to redress any loss or damage suffered by its customers as a result of the breach. Any such determination could be enforced in the Federal Court. In addition, the Privacy Commissioner has the option of bringing an action in the Federal Court to seek a civil penalty for a repeated or serious failure to comply with the data breach notification regime. In the present case, the lackadaisical manner in which Flashdance management has dealt with a serious breach could potentially prompt this type of action, even if it is not repeated. The maximum penalty that can be awarded under the Act is 2000 penalty units (or $1.8 million for a corporation, at time of writing), though a breach would need to be considered particularly egregious for the penalty to reach that level. Conclusion The introduction of the mandatory data breach notification laws is a significant change to Australia’s privacy regime. It is important for businesses to ensure that they have internal processes in place that will enable them to respond to data breach incidents effectively and in a manner that satisfies the new notice requirements. The Privacy Commissioner has published guidelines on how to develop a data breach response plan, which will no doubt be updated in the wake of the new laws. It would be sensible for organisations to consult these guidelines to test whether the processes they currently have in place are sufficiently robust. However, they should not simply treat this as a “tick the box” compliance exercise. Swift and decisive handling of data breach incidents is not only important for managing regulatory risks, it is also critical for preserving customer trust and market reputation. Accordingly, having a sensible data breach response plan in place makes good business, as well as legal, sense.

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

References: [1] Explanatory Memorandum Privacy Amendment (Notifiable Data Breaches) Bill 2016 (Cth). [2] Above n 1, at [9].

Complete your PLT with ANU in Canberra.

Apply now for July.

facebook.com/ANULegalWorkshop

legalworkshop.law.anu.edu.au/gdlp

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

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.

14 SEARCH HSF GRADUATES FOR MORE

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

Australian Law Students’ Associaton Conference 2017: A Recap Conor Tarpey

This year’s Australian Law Students’ Association (ALSA) 2017 Conference took place from the 3rd to the 8th of July in sunny Canberra. ALSA is the peak representative body of law students and is comprised of most Law Student Societies and Law Student Associations in Australia. The annual conference, in addition to the two council meetings in February and September, was a chance for representatives from ALSA and delegates from the member LSS and LSAs to sit down, share knowledge, and discuss upcoming challenges. Alongside these meetings were several competitions open to all Australian law students such as mooting, negotiations and witness examination. The ALSA council is comprised of elected ALSA committee members and delegates sent from most universities in Australia, usually the President and Vice-President (Education) of each respective LSS/LSA. This year I went to my first conference as Careers Officer for ALSA: over four days I sat down with the rest of the council at ANU and discussed a variety of issues. We discussed many topics such as policies for sexual harassment, how to improve turn-out and engagement at law school events, initiatives for student mental health awareness and ways to tackle to discrimination against smaller and rural law schools. Delegations from the New Zealand Law Students Association and the South Pacific Law Students Association also contributed in council meetings and delivered speeches detailing the current state of their respective law student association. Council discussions particularly help smaller, younger LSS/LSA’s talk to other universities who have dealt with similar problems and gain invaluable information to improve, whilst also being able to tap into a much larger resource pool than they could on their own. However, ALSA also ensures that older and bigger LSS/LSAs remain in the loop and accountable for their initiatives and innovations, ensuring a high standard across all law schools.

On the competitions side, there were fierce rivalries and a lot of excitement, especially for the Championship Moot, which was held in the High Court and tackled a problem both written and judged by Justice Gummow. Competitors were also able to go to a variety of presentations about competition skills and the future of law. However, these things paled in comparison to the social events, which included a gala at Parliament House, wild nights at Academy and

Mooseheads and finally a closing event at the War Memorial Museum where Gummow delivered a speech. ALSA is an organisation that many law students are not aware of, but it is integral in ensuring that the LSS/LSAâ&#x20AC;&#x2122;s of every university in Australia have open and honest communication with each other. The annual ALSA conference makes this ethos very tangible and to see students from across Australia talking to each other and competing against each other is a powerful thing. I immensely enjoyed my time at conference and would encourage any law students to do more research into ALSA and the 2018 conference, which will be held in Adelaide. Conor Tarpey is a second year Law/Finance student.

Law Ball: Versailles 2017 Thanks to Drewys Photography and Scavenger Photography for photographs

Oh la Law Ball Felicity Moran

Do you hear the people sing? Singing the songs of studious law students? It is the music of the people who will not get HDs again. Yep that’s right. Law Ball 2017 was revolutionarily good. So good that I trust there were a few sore heads the next day. The Biggest Law Ball in the Southern Hemisphere took place on Thursday the 3rd of August with over six-hundred ANU students donning their most ostentatious gowns and robes as they descended upon the QT Hotel. The 2017 theme, Versailles, ensured that the event was as decadent and extravagant as always, with guests partaking in frivolous dancing and feasting until 11PM. This year Law Ball was generously sponsored by Allens Linklaters. MJ Bale also generously dontated a $899 suit to be raffled off, with all proceeds going towards Cambodian NGO’s. The night could not have been a success without this sponsorship and also without the help of the incredible LSS Events team consisting of Lucy Price, Katharine Fu and Shiban Shahid! This incredible trio dedicated over twenty hours pouring over Excel spreadsheets ensuring that tables were as preferenced as possible. But following the French revolutionary theme, it wouldn’t have been right if we didn’t whip out the guillotine and ‘chop, chop’ to table 57 and 58. We let them eat cake, by themselves, but luckily everyone was in good spirits and we’re grateful for their understanding. Just like Marie and Louis, we kicked on to the Paris of the Southern Hemisphere. Civic. Acadz, also known as the better sibling of Moulin Rouge, pulled out all the stops and provided drinks including Head on the Blocks and Viva La Revolution. Massive shout-out to all the committee who helped out both during the day and night, it couldn’t have happened without you. Thank you to everyone who came, we hope you had as an incredible night as we did! Merci beaucoup xx

Felicity Moran is a second year Law/Business Administration student and VP (Events).

What We’re All Forgetting About North Korea Guy Exton

Today, pundits are weighing the odds of nuclear war, headlines that were last seen during the Cuban Missile Crisis have reemerged, and the world is holding its breath. While I do not believe it will come to bombing Pyongyang just yet, we’re forgetting to think about something more important. Trump seems to believe that nuking North Korea is the end of the story. We’re forgetting that it would be the beginning. China is the protagonist of this tale. It’s D-Day minus 1, Pyongyang has fallen and Kim Jong-Un is presumed dead or in a U-boat on his way to Argentina. China’s objective now is to capture as much influence as possible before Uncle Sam gets his finger in the pie. South Korea has collapsed after Seoul was destroyed by the North, and Japan is left isolated. China’s dominant strategy in this scenario would ultimately be to invade and occupy what’s left of the peninsula. Trump would be hesitant to commit to the largest state building exercise in history, preferring to admire the mess he’s made from a distance. China would have a relatively free-hand. Ironically, after all Trump’s anti-immigrant rhetoric, the biggest refugee crisis ever would follow. The Korean Peninsula is home to roughly 75 million people. Considering the enormity of the task ahead, China would have a fairly strong argument for establishing a government on the peninsula. Besides, the need for order in the country on the other side of a river from Chinese territory would be too immense for Beijing to ignore. However, Russia and the U.S. would have competing claims. The result would potentially mirror the division of Germany by the Allies following World War 2, with various zones of occupation. The Korean peninsula 10 years from now might not be too different from the one we see today. Following a nuclear war, North Korea would still be a communist state – albeit Chinese – and the U.S. backed South Korean government would hold some small territory at the bottom of the country. After decades of anti-U.S. propaganda, it would be easier for the North Korean people to accept a Chinese government than an American, and the South would become a small beachhead, held together by a reluctant American occupying force. The more things change, the more they stay the same. 20

Perhaps the only difference 10 years from now would be a reversal of power on

the peninsula. The North would have sanctions lifted and massive amounts of aid thanks to Beijing. Across the new DMZ, a devastated South Korea – still ideologically opposed to their Northern neighbours – would struggle to supply basic public goods, would face a desperate and potentially hostile (or radioactively-mutant) population, and rely on an unwilling American administration for survival. We would finally lose the Korean war we began fighting in 1950. The question then becomes: do you favour China’s system of government or America’s? That question deserves much more thought than one article could ever do justice. Indeed, that question is basically why the ANU exists. I know it’s tempting to focus on Trump’s misogyny, racism and sexism – it’s a real smorgasbord of ignorance – to discredit America’s system of governance, but no amount of poor leadership can ever discredit America’s founding documents. The separation of powers and the U.S. Constitution are still some of the most genius human inventions ever envisioned. Our generation doesn’t quite grasp the value of democracy because we’ve never had to fight for it. But, when in doubt, remember the words of Winston Churchill: “Democracy is the worst form of government except all the others that have been tried.” To bomb the North would be to accelerate the decline of American power, and increase the international weight of China. If you’re like me, you agree that’s less than ideal. (Sorry to the Chinese spies reading this.) My point is, if we are going to talk about nuking a country, we should talk about what we are going to do the day after. A series of major miracles would have to occur for Kim Jong-Un to be ousted and a free and democratic government created in his place. America should not give up it’s strong hand now for a weak one tomorrow. An evil regime you can live with may be a better option than no regime at all.

Guy Exton is a second year Arts student, studying politics and history.

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

15306D

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 are 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

23 15306D

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.

graduates.minterellison.com

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.

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

Comment: Postal Survey Rebecca Schneider

It has been 13 years since the Howard government changed the Marriage Act to explicitly disallow same-sex marriage, and this postal survey might be the way Australia finally changes the Act again. If the overall result is yes, the Government follows through and lets a bill be debated in Parliament, and enough MPs follow through and vote yes. It doesn’t need to be this complex. In Germany recently, there was a one-week turnaround between an acknowledgement that the issue need to be resolved, and the passage of a bill to legalise same-sex marriage – the law will come into effect on October 1st. On October 1st, Australia will be 20 days in to a 57-day survey period to determine if majority public support exists (a question already answered in the affirmative by opinion polls from all sides of politics many times over the last few years). It’s true that this postal survey will – if it survives the two High Court challenges – probably provide Australia’s first real political pathway to same-sex marriage. It’s probably true that without this, the law wouldn’t change at least until the 46th Parliament in 2019 or later. However, there’s a point where even if it is the only politically feasible way to same-sex marriage, it isn’t worth it. The absolute hatred and vitriol that the LGBTI* community would be exposed to throughout a debate is very real, and already happening. It’s targeted, misleading, disgusting, and dangerous, often with no actual connection to the notion of same-sex marriage, and often denying the humanity of LGBTI* people altogether. It’s true that this doesn’t stop without 32

the postal survey, however the survey intensifies the opposition. No person, whether they’re young or otherwise, whether they’ve been dealing with the hatred that gets thrown at LGBTI* Australians for months or decades, deserves to have voices like that amplified against them. There is a way to argue against same-sex marriage without being cruel, but it doesn’t take much to predict the ‘no’ campaign won’t do that. They’re calling themselves a silent majority. They aren’t silent, we know who they are. We know their arguments. We know they’re hurtful, and upsetting, and misleading. We know that giving them a reason to push those arguments even further into the public arena is harmful to LGBTI* people. This postal survey shouldn’t happen, but if it does, we know what the debate is going to look like. That’s why it’s so important that – even if we think the whole idea of a postal survey on minority rights is ridiculous and offensive – those in support of same-sex marriage vote, and campaign for others to vote, yes. Boycotting the survey won’t make the worst opposition disappear, and nor will supporting LGBTI* people. However, support does so much more to help reduce the impact of harmful debate than silence. Rebecca Schneider is a second year Law/ Political Science student

ALSA Competition Experience: Client Interview

Alexandra Cornfield and Isabella Sorby As two fourth-year law students, Bella and I are so glad we got involved with the LSS Client Interview Competition in Semester One. Not only did we gain invaluable practical legal skills, but we had fun competing in both the LSS Competition and at ALSA, the national competition. What we enjoyed most was getting to know different legal situations and gaining the ability to read different clients. We learnt throughout the competition that treating your client with respect was the best thing you could do in creating a friendly and safe environment. Difficult clients were inevitable, and making them happy and calm was a major objective for us. We made sure we put ourselves in the shoes of the client, quickly learning what it was they sought to gain from the interview. Each round we were faced with a completely different set of facts and a new client so flexibility was crucial. Adapting to new clients and each situation enabled us to change tactics when giving our advice to the client. We were lucky enough to win the LSS Competition and progress to ALSA, which was such a great week. Not only were we competing but we went to cocktail nights and socials at Parliament House and the War Memorial. We left the competition having had a great time and having come fifth which we were extremely proud of. We would highly recommend getting involved with the LSS Competitions. Itâ&#x20AC;&#x2122;s a great way to further your legal skills and have some fun too!

Alexandra is a fourth year Law/International Relations student and Isabella is a fourth year Law/Arts student

LSS New Committee Member Profiles Hi everyone!! I’m Aley and I’m your new JD Social Director! I moved to Canberra from Banff, Canada in February 2015 and I’m currently in my second year of the JD. When I’m not studying, I like to go on adventures around Canberra and cook fun dinners. I’m really excited to be a part of the LSS committee for the remainder of the academic year and even more excited to get to know more of you! So if you see me around say, hello!

My name is Ella and I am a fifth year law student from Canberra. I have been involved in student advocacy at the ANU for nearly four years, in roles such as ANUSA General Representative, ANUSA Safety on Campus Chair, and Griffin Hall Women’s Officer, and I am excited to be the Wellbeing Director for Semester 2 2017. I understand that everyone’s learning experience will be different, but I want to ensure that all students feel supported in their studies and have a productive and enjoyable time at the ANU. I am looking forward to working collaboratively with the ANU LSS, students and staff to promote a healthy and respectful dialogue around mental health and wellbeing.

My name’s Campbell Clapp and I’m one of the Careers Directors on the Law Students’ Society in 2017. I’m a second year from Melbourne who lives at Burgmann College and studies Arts/Law - majoring in Psychology. I love the way Psychology complements my Law studies, particularly in subjects such as Legal Theory and Lawyers Justice and Ethics. Last year I was lucky enough to be part of the first group that travelled to Cambodia with the LSS and met with various NGOs and got to see the Extraordinary Chambers in the Courts of Cambodia trying the most senior responsible members of the Khmer Rouge Government. I was also a mentor on first year law camp, and it was awesome to meet a new cohort of law students and hear their expectations of what law school is going to be like.

I’ve really enjoyed being a part of the LSS and the Careers Portfolio this year because I’ve found out so much about the Clerkship selection process and other career opportunities. As well as this, it’s been great meeting people in different years of study and with completely different experiences of ANU. 34

Nina is one of the Competitions directors and currently in her fifth year of a combined laws and science degree. During her studies, she has participated in mooting, negotiation and client interview competitions.

Hi everyone, my name is Tiffany and I am the International Students Director for the LSS. I am in my second year of a straight law degree and I am passionate about chicken nuggets, Shiba Inu, Spotify and the Marvel Universe. Besides that, my team and I are excited to introduce three new projects for international students for this semester. Firstly, we are writing “bLAWgs” consisting of a range of topics such as academic support, employment and mental health. These “bLAWgs” are uploaded fortnightly onto the LSS website under the International Students tab. The purpose of the “bLAWg” is to combine the most relevant resources and ensure that the resources are easily accessible with just a click of a button. Secondly, we are in the process of facilitating the International Student Mentoring Program, which is a program to assist international students for better transition into law school. It is a great opportunity for students to engage with one another and hopefully build long-lasting relationships. Lastly, there will be a Career Pathways Information Session, which will take place closer to the end of the semester. This event consists of speakers who will be talking about migration and visa information, the GDLP program, international student experiences and careers prosects. So stay tuned for more info! I am pleased with our progress so far and I do hope to see some of you at our next event! 35

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

Interested in writing for the next issue of peppercorn? Email us at: lsspeppercorn@anu.edu.au Follow us on Facebook: Peppercorn ANU