Allen’s
Peppercorn. Issue 3
Contents 4
‘Crazy for CoL: Meet You 2017 ANUSA Law Representatives’ LUCY PEEL
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‘Yule Ball: Law Ball 2017’ ROCKY LAGUDI
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‘Women in Law Organisation’ MARA LEJINS, RUTH PARSON, HANNANH CAMERON, EMILY LANGFORD
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‘Prison Issues Project’ ANONYMOUS
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‘A Confrontation with the Lore’ STEPHANIE WILLIS
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‘Aurora Internship: AIATSIS’ HARRY McLAURIN
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‘The Unfinished Business of Reproductive Rights in Australia’ SOPHIE THOMSON-WEBB
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‘Snail in the Ginger Beer: The Insidious Sexism Underlying the Tutorial Participation Mark HANNAH ROBERTS
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‘NSW Counter-Terrorism Legislation’ ROSE BRUCE-SMITH, KANIKA KIRPALANI,
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Horoscopes EDEN LIM
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Overheard at Law School
Sponsors
Future Focussed Press play on a forward thinking career choice • High performance culture • Competitive team spirit • Drive and passion to be #1
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Crazy For CoL: Meet Your 2017 ANUSA Law Representatives: Lucy Peel
The ANUSA College of Law representatives, like all fac reps, sit on the College Representative Council. Perhaps more importantly, they sit on the LLB (hons) Committee, a committee specifically about the undergraduate program and course changes, and the Law College Education Committee, where the college exec sits to discuss faculty-wide issues. Consider it important to choose a good CoL rep because they can ultimately ensure the voice of the ANU law cohort is heard. SAMMY WOODFORDE There are three things I envision improving at the CoL in 2017: assessment, mental health and wellbeing, and opportunity. Firstly, while assessment is a large part of the law school experience it’s one of the biggest stressors in a student’s life. With this in mind, I would like to work to connect students with staff, and gain an idea of what formats work. Similarly, as we move into more digital formats I would like to keep the faculty accountable for decisions. Secondly, law student wellbeing is a priority both as an individual and (hopefully!) as a student rep. Increasing support for first year students, beginning in semester one and two, through skill sessions and a revised PAL system is key, as is upskilling lecturers to help them engage with students of all years when mental health becomes a barrier to study. Finally, whilst the CoL offers so many fantastic domestic and international opportunities, lack of awareness and opaque application procedures can make it difficult for students to fully embrace these opportunities, something I will work with the CoL on. Through the Law School, I have been involved in the Law Reform and Social Justice Legal Literacy Prison Visits Program. I’ve also had the opportunity to do some volunteering at the Youth Law Centre over winter. 4
Through the LSS I have really enjoyed competing in the comps. Having given Negotiations, Mooting, and Client Interview a shot, I have been able to enjoy the wide spectrum of opportunities in this area the LSS offers. Last year my Client Interview partner and I represented ANU at the Australian Law Students Association annual conference which was a lot of fun, and an interesting way to meet people from Law Societies across Australia and gain a lot more of an idea of how other Law Schools are structured and run. Q: Law school assessments can be stressful especially for first years who have never seen anything similar. How do you plan to make assessments more manageable? A: Law assessments are certainly very daunting, particularly coming into first year and being given them for the first time. There are a few things I plan to do to help make assessment more manageable, and not just for first years! For those coming into first year, I would really like to improve the PAL mentoring program, and work with the LSS and law faculty on running assessment answer sessions earlier in the year. The PAL mentoring program, whilst a fantastic initiative, could do with a few tweaks to more effectively assist first year students at connecting with others and learning useful skills. This would include a more structured program and more comprehensive sessions. Furthermore, whilst the LSS currently provides a number of very useful final-exam tutorials, I would really like to help run sessions earlier in the semester to coincide with the major assessments of the first year subjects, in order to provide some assistance early on and help people with the daunting tasks of those early take-homes. In particular, I would like to run a more comprehensive welcome program for students beginning in the second semester. These students do not get all the benefits of those coming in the first semester and have the added disadvantage of facing assessment formats they’ve never seen before, whilst the majority has had a semester’s practice.
As such, I would like to work closely with the FAL second semester cohort in improving skills, for example through a crash course seminar. More generally, I would like to review the current assessment formats through the lens of what both staff and students find valuable. This would take the form of consultation with lecturers and course convenors, and a survey released to law students. Information from this survey can then be used by lecturers when structuring courses, as well as giving the faculty and students awareness of what the stressful points of courses are to better monitor and assist in student wellbeing. I plan to work with and keep the faculty accountable for decisions taken moving forward with taking assessment online and reducing face-to-face hours. Similarly, I would like to work with lecturers of compulsory courses in being aware of which courses students tend to take simultaneously to avoid the same due dates or exam dates, as much as possible, for these courses ELLIE DOWLING I’m Ellie Dowling, currently in my 2nd year at the ANU. The ANU CoL is indeed world-renowned, however I believe areas can be amplified to ensure it’s constantly reflective of, and adapting to, the standards and expectations set by students themselves! In its briefest form, I aim to ensure mental health and overall wellbeing is a structural focus within the CoL, enhance consultation with CoL staff, improve collaboration with other law societies on campus (like the LSS), and heighten student support and engagement. Within these broad frameworks, myself and Maddison have developed in-depth policies and strategies that are realistic, positive and achievable – to find out more check out our policy document floating on the Amplify ANUSA Facebook page. I love studying law at the ANU and believe that all should students should receive a quality education and a fantastic student experience. This year I was lucky enough to have worked in the Education Portfolio on the Law Students’ Society among some amazing people. Through this experience I’ve developed a deep understanding of both broad and individual issues existing in the CoL, plus how to implement successful strategies of improvement. In the Education Portfolio, I organised and contributed to initiatives such as pre-exam tutorials, electives guides, speaker series, and a first year Q&A introductory forum.
It was through this opportunity that I learnt many of the consistent concerns being raised by students such as timing of exams and assignments, quality and quantity of feedback, tutorial signups and marking criteria, international opportunities, and the digital evolution of education delivery such as the introduction of JD Online. I’ve also been involved with the Law Marketing Team through my upcoming participation in the 2016 CoL Open Day Program as a Student Ambassador. Q: Mental Health at law school is a vital topic, with many students and professionals affected by these issues. How do you propose to alleviate stress amongst your peers? A: The mental welfare and wellbeing of law students arises as a systemic issue year after year, and often is dealt with through inadequate strategies that have either unachievable or inadequate goals. Feelings of insecurity and distress are common among CoL students, and I aim to address the common triggers of mental stress on students though realistic, positive and achievable strategies. I plan to conduct widespread student consultation through direct dialogue and feedback surveys to pinpoint the compulsory causes that induce the highest level of stress. Using the information gathered, I’ll target those compulsory courses considered to be the most demanding, identify reasons for this, and in turn create strategies addressing the unique root causes of the problems within the specific course. Assignments are another highly stressful limb of the CoL. I’ll push for the improvement of the quality and consistency of exam/assignment feedback and a transparent marking system. I’ll also examine high-stress modes of assessment (such as oral presentations and closed-book exams) and consider how alternative modes of assessment may be beneficial in specific circumstances. Finally, many students come to Uni from very sheltered Secondary Education and arrive at Uni with inadequate skills and experience in stress management. I plan to conduct stress management workshops and create and distribute a handbook unique to law students to teach practical and positive skills in handling the pressures that exist in the CoL. 5
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 are committed to achieve whatever you put your mind to.
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
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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 we’ll help you enrich and expand your worldview, grow your skills and influence new ways of thinking. In other words, we’ll help you move minds.
Begin now at careers.ashurst.com Connect with us on
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LSS Events Yule Ball: Law Ball 2016 Rocky Lagudi Last Thursday afternoon, I think it’s safe to say that if anybody wandered the grounds of ANU, they would have experienced a certain emptiness, even a peacefulness of sorts. While initially faced with confusion, it would not have taken them long to realise that this pleasant atmosphere was due to the lack of law students around – and no, we had not all suddenly grown a desire to go to Thursday afternoon lectures… ‘Why are there no law students around?’ these people probably asked themselves. And then they remembered… It was because ANU Law students far and wide had retreated to their homes or residences to prepare for the once-a-year spectacle that is Law Ball. This year it was held at QT Hotel, with over 500 ANU students arriving to the theme of Harry Potter’s ‘Yule Ball’. The excitement that filled students’ hearts was certainly incomparable when we realised that we
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could relive a childhood fantasy and for one night be any character from the Wizarding World that we so wished – it was simply a case of transfiguration. The night was one that held a rather magical energy, with students found to be enjoying themselves everywhere, from the beautifully decorated function room, to the fantastic band and jam-packed dancefloor. Following a two course meal and free flowing bar, we had the pleasure of meandering down London Circuit, or rather Diagon Alley, to Academy Club to continue the party. The gift of either a Polyjuice Potion or Truth Serum cocktail on arrival certainly did not go the wrong way! From then on it was left to the wizards and witches to party the night away and enjoy a well-earned evening of pleasure before the reality of 40% law assignments was soon to return… A special mention must go to Eden Lim (LSS Social VP) and her team for a fantastic event that flew by faster than the Nimbus 2000! The night was not one that will be forgotten soon!
EM ROBERTS PHOTOGRAPHY
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BORN GLOBAL
At Baker & McKenzie we are different in the way we think, work and behave. Like no other law firm, we were born global. Baker & McKenzie has been thinking globally in Australia for over 50 years. In 2014, we opened our Brisbane office making our Australian practice the fourth largest in our network of 77 offices with more than 85 Partners and 190 lawyers across Sydney, Melbourne and Brisbane. In Australia, we act for leading multinational and domestic companies on market leading local and global transactions. Founded in 1949, Baker & McKenzie is one of the world’s largest law firms by markets, revenue and headcount. We offer our clients and lawyers the uncompromising commitment to excellence expected of a leading firm and a distinctive way of thinking, working and behaving as a passionately global and genuinely collaborative firm. We understand the challenges of the global economy because we have been a global law firm from the start. Our Clerkship Program Right from the start, our clerks get involved in real work. You will be exposed to our Australian and international clients through client meetings, shadowing, research and other everyday activities within your assigned practice group. Our clerks work closely with other lawyers, are guided by a Supervising Partner and enjoy the extra support of an experienced Associate “Buddy”. You will develop practical and legal skills through our national learning program and by attending workshops specifically designed for clerks, as well as Firm-wide sessions. In Sydney, the Summer Clerkship Program runs from late November to February each year with clerks completing two rotations. Clerks who accept a graduate role with Baker & McKenzie are eligible to apply for an International Clerkship, with the opportunity to work in one of our overseas offices in the year following their clerkship.
Our Graduate Program Over the course of the program, graduates gain experience in different areas of law before they join a particular practice group as an Associate. You will be assigned a Supervising Partner and an Associate “Buddy” in each rotation to oversee your on-the-job and formal learning.
Develop globally At Baker & McKenzie, we have a deep commitment to development. We work with each graduate to create a tailored development plan and career goals. To help you reach your goals, we provide targeted learning
opportunities — from seminars on core legal topics to practical skills development in areas such as communication, drafting and presenting. We work hard to facilitate on-the-job learning and the many ways it happens — through informal mentoring relationships, client secondments, involving graduates in global teams working on international deals or supporting them to run their own files for our award-winning Pro Bono Program. We also bring graduates from our Sydney and Melbourne offices together to help our people foster networks across the Firm, and support professional development by covering the costs of Practical Legal Training. Our regional practice group structure means many of our lawyers attend regional training in our Asia Pacific offices and, once graduates complete their Graduate Program, they will travel overseas to attend a regional orientation program with other mid-level Associates from the region. In addition, the Firm offers opportunities for lawyers at varying stages of their career to work directly for clients or with our other offices globally.
What does the Firm look for? We look for people who enjoy a challenge and seek new opportunities; who share our global perspective; who have sound academics and are practical in their approach; who like taking responsibility and getting things done; who express themselves confidently while staying open to new ideas; and who seek a friendly and inclusive culture that strives to make a difference to our local and global communities.
Our key areas of practice include: • • • • • •
Banking & Finance Capital Markets Commercial Real Estate Construction Dispute Resolution Employment
• Energy, Resources and Infrastructure • Environmental Markets • Financial Services & Structured Transactions • Insolvency • Intellectual Property
Thrive in a culture of inclusion Quality and excellence along with team work, integrity and responsiveness are central in delivering outstanding service to our clients, as you would expect in a top tier law firm. The values that make us a unique and great place to work are deeply embedded and you will notice our difference in all of your interactions with us, in Australia and across the globe. • We are passionately global, and leverage our global expertise for our Australian and global clients at every opportunity, recognising our strength is in our diversity. • We strive to stay ahead of the curve and encourage entrepreneurship. • We have a strong culture of friendship and inclusion, and an egalitarian and collaborative working style. • We are commercial pragmatists who make complex issues simple for our clients and we focus on our clients’ business needs. • We actively encourage and support contribution to the community, through our pro bono and community service programs. Our award-winning diversity strategy, initiatives and programs are focussed in four areas, in which all of our people can participate: • BakerWomen - Gender equality and supporting the progression of women • BakerDNA - Ethnic, indigenous and cultural diversity • BakerBalance - Supporting carers and parents, mental health and wellbeing, and workplace flexibility • BakerLGBTI - Lesbian, gay, bisexual, transgender and intersex diversity
How to apply • • • • •
Media Mergers & Acquisitions Private Equity Tax Technology, & Communications
Baker & McKenzie, an Australian Partnership, is a member of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm. Baker & McKenzie handles information in accordance with our privacy policy. A copy can be found on our website.
Applications for clerkships can be submitted online at http://www.bakermckenzie.com/careers/australia/sydney/. Applications should include a cover letter, as well as details of your work experience, your extra-curricular activities and interests, and your academic results. Applications for clerkships open at 9.00am on 15 June 2016 and close 11.59pm on 17 July 2016.
Natalie Brunton Talent Management Consultant - Sydney Tel: +61 2 8922 5747 natalie.brunton@bakermckenzie.com www.bakermckenzie.com/careers/australia/sydney/
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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.
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Opportunities Women in Law Organisation Mara Lejins, Ruth Parsons, Hannah Cameron and Emily Langford Co-founders of WILO The inaugural ANU Women in Law mentoring program has launched! The program paired undergraduate law students with professional women in the legal sector, as a means to encourage and empower women studying law. We hope to establish a network, where women can share experiences and advice about what it takes to succeed as woman in the legal industry today. The program has attracted professionals from various areas of the legal sector including private firms, Department of Foreign Affairs and Trade, Australian Competition and Consumer Commission, Australian Securities and Investment Commission, the Women’s Legal Centre (ACT), and the Federal Circuit Court.
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In October, we will host a celebratory cocktail event for participants in the program. This event will be an opportunity for student to network with legal professionals, and to thank their mentors for generously volunteering their time. We will invite members of the Women Lawyers Association, and staff from the ANU College of Law. We are grateful to both the Law Students Society and the Women Lawyers Association for lending both practical and financial support to the program. The enthusiasm for the program from the students and the community leave it well-placed to expand and improve for the next round in 2017.
Experiences Prison Issues Project Anonymous Last semester, I was lucky enough to be one of the students working as part of the Legal Literacy Team. This program runs with different sections of the Alexander Machonochie Centre a few times a year, running legal information sessions with the detainees. To say this was an eye opening experience would be an understatement. I’d never been to, or even driven past a prison before. I didn’t know how to talk about everything involved - I still don’t, to some degree. What was the correct terms for the people inside, the guards, the rules and regulations? One of the questions in the application process for the program basically asked whether we would judge a person based on what they had been convicted or accused of doing, in the event that it was something particularly upsetting. My answer, straight away, was yes. I didn’t think that you could pretend that information about some kind of particularly heinous act wouldn’t impact how you thought of somehow. Who has that kind of strength of mind?
I also said - and believed - that it didn’t have to affect how you acted towards, spoke of or with, or change your behaviour in any way. That it would involve some kind of processing that new information, but fundamentally it didn’t need to have any external impact on myself, the other members of the team, or anyone else involved. When a detainee on remand confided in us the details of their case, including their name, alleged offence, and intended defence, I don’t think any of us really gave pause. Despite this being one of the most severe offences under our legal system, it was just another piece of information about a person. It may be quite defining in many senses for them - any encounter with the law, particularly at this level, inherently has a huge impact on the rest of your life - but definitely not in every sense. This reflection is not to say ‘oh look, inmates and detainees are people to’ - that should be a self evident truth to everyone, let alone students of the law - but maybe that is something that gets lost. It’s easy to think of the parties in cases as quite removed from reality. Especially when we compare the fictional characters in whatever allegorical, Game of Thrones-plagiarised problem scenario in our courses to historical precedent, to dry lists of alleged this and convicted that, so we forget the real side of the law. Not to say that anyone is to blame - only that I think increased experience and involvement with the real side the law, through programs, internships, and community outreach, is probably one of the most important experiences we can gain through law school, and something that will infinitely benefit and shape our studies.
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graduates.minterellison.com
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Experie A Confrontation with the Lore Stephanie Willis The Aurora internship enabled me to imagine myself becoming a lawyer for the first time. My placement was at Nyamba Buru Yawuru Pty. Ltd. (NBY), the operational arm of the Yawuru Prescribed Body Corporate, the corporation nominated to manage native title rights and interests on behalf of the Yawuru people. The Yawuru people are the native title holders of Broome and surrounding areas in the Kimberley, Western Australia. I was fortunate to be welcomed to live and work on Yawuru country during my placement. My supervisor at NBY was Caitlin, Senior Legal and Project Officer. I worked alongside Caitlin throughout my placement, undertaking legal research to support the projects that she was working on. The work included drafting interviews for affidavits, researching common law applications of the Native Title Act, and writing a project plan to obtain Free, Prior and Informed Consent from the Yawuru native title holders. The difference between working at NBY and other law internships that I have undertaken is that at NBY I was surrounded by the people who were directly affected by my work. This meant that native title no longer felt like an abstract legal concept, as I was able to see what native title means for the Yawuru people and how native title affects their lives. Furthermore, NBY is not like a regular workplace where employees compartmentalise their ‘work life’ from their family, social life and political values. At NBY, work is about family, culture and politics.
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This meant that an important part of ‘work’ involved building relationships with my colleagues, especially the Yawuru employees, through participating in diverse aspects of theirs lives—from storytelling and fishing on country, to family dinners, workplace lunches and even parties at the local club. Sharing these experiences with my colleagues was vital for me to begin to understand the way that native title interacts with the political, social and cultural aspects of Yawuru peoples’ lives. In law school, law is often treated as a godlike and separate force that affects change through top down rules and structures. At NBY, I was able to see that rather than this top down structure of change, the effects of the law are determined by the law’s relationship with many issues. In Broome I had a memorable conversation with an Aboriginal man from Fitzroy Crossing who asked me, ‘what are you in Broome for?’ I responded ‘I am doing law work at NBY with Yawuru people”. He then questioned ‘what type of Lore you doing?’ and I clarified ‘white law’. Through this conversation, and many other experiences at NBY, I was confronted by the overstated way that white law is often perceived, and presented with a new image of white law as one of many important social structures that interrelate and work together. A critical lesson for me is that ‘the law’, as we are taught in law school, is not just one of many social structures, but also one of many laws. For more information on the Aurora Internship Program see: http://www.auroraproject.com.au/aurorainternshipprogram Applications for the summer 2016/17 round of internships will be open from 1 August through 26 August.
ences Aurora Internship: AIATSIS Harry McLaurin Over the winter break, I was fortunate enough to be selected as an intern at the Australian Institute for Aboriginal and Torres Strait Islander Studies (AIATSIS) through the Aurora internship program. I spent 5 days a week working alongside the legal researchers within the Native Title, Land and Water Unit. Like all law students, I had heard about the existence of native title, however prior to my internship I knew very little about the complexities of gaining recognition of native title rights and interests. AIATSIS is a world-renowned research, collections and publishing organisation. Their objective is to promote knowledge and understanding of Aboriginal and Torres Strait Islander cultures, traditions, languages and stories. AIATSIS has the largest collection of Indigenous films, photographs and publications and has an active research team which regularly publishes works through the Aboriginal Studies Press. As part of my responsibilities within the Native Title, Land and Water Unit, I worked under the supervision of Dr Tran Tran to assist in the creation of a native title precedents database. As the Aurora Program is designed to address the needs of legal, anthropology and social sciences staff across the native title system in Australia, this database was designed to assist native title lawyers across Australia in their legal research involving Indigenous land use agreements, Federal Court decisions and regulatory frameworks.
I helped research and summarise agreements between traditional land owners and pastoralists, resources companies, and governments, as well as researching and summarising complex court decisions, National Native Title Tribunal determinations and appropriate state, territory and federal environment and planning legislation. I gained an incredible insight into the nuances of the native title system, and the importance that Indigenous communities attach to their traditional land and waters. All of the AIATSIS staff were fantastic and welcoming and always willing to discuss what their various projects were. In addition to this, they were always readily available to offer advice and assist in my research. Luckily, I was also accompanied by another Aurora Intern from ANU who was working in the social science stream. We had great fun and even cooked lunch for the office for their weekly social club event. I would highly recommend applying for the Aurora Internship program. If you’re a student or graduate with an interest in Indigenous affairs, native title or keen to gain insight into legal practice, then an Aurora internship will provide you with the opportunity to gain valuable experience. In addition to the legal stream, the Program has opportunities for students and graduates studying Anthropology and some other Social Sciences. The Aurora Internship Program has an intake of interns each summer and winter, for further details on the application process please see the Aurora Project website: www.auroraproject.com.au/what_is_an_Aurora_internship.
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GDLP ANU Graduate Diploma of Legal Practice
ANU Legal Workshop Your direct pathway to Legal Practice The ANU Graduate Diploma of Legal Practice (GDLP) is Australia’s largest university-based accredited practical legal training program. The ANU GDLP provides you with the qualification to be admitted as a lawyer in Australia. The program adopts a unique online teaching approach that places you in a ‘virtual law firm’. This innovative approach provides you with practical insight, deepened professional awareness and real-world knowledge. The ANU GDLP also provides you with the flexibility to balance study with employment. With ANU Legal Workshop, you can: > attend any one of over 20 introductory five-day workshops held around Australia – you don’t need to relocate for study; > tailor coursework and professional placement requirements – selecting a longer placement and less coursework, or vice-versa; > choose from a wide range of elective subjects – with online flexibility; and > extend your GDLP – and gain an additional competitive edge – with the ANU Master of Legal Practice. Whatever choice you make, you’ll benefit from flexible online study, learn from some of Australia’s best legal experts and gain a qualification from one of the world’s leading law schools.
ANU Legal Workshop The Australian National University
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T +61 2 6125 4463 E lwsa.law@anu.edu.au W legalworkshop.law.anu.edu.au/gdlp
ANU Legal Workshop
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BE AN EXCEPTIONAL LAWYER Our clients need exceptional people to help them thrive in a world defined by change and complexity. They need people who are intellectually curious; who are able to advise with clarity and originality; people who believe that the business of law is based on human relationships. Bring those qualities, your energy and your ambition and we’ll offer you the international opportunities, challenges and responsibilities only a leading global firm can provide. We offer an environment built on support and collaboration, where high performance is recognised and rewarded, and where you’ll be inspired and mentored by leaders in their fields. We see a fascinating and exciting future for the business of global law. Do you?
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Opinion The Unfinished Business of Reproductive Rights in Australia Sophie Thomson-Webb CW: discussion of abortion Most Australians who have never had to terminate a pregnancy are silently complacent on the issue of access to reproductive options, and those who have done so are mostly silent. We live in a reasonably progressive country and because of this we assume that abortion will be safe and accessible should we need it. Sadly this assumption does not always ring true. Silence around abortion is hurting Australian women. It’s stopping us from fighting to remove extant barriers to access, isolating people who have terminated a pregnancy and stripping those facing the decision to terminate of support and options. Discussions on this topic are almost always had in the abstract; we talk about believing in a woman’s right to choose, but nobody wants to be personally connected with the act of terminating a pregnancy. I had a surgical abortion in Tasmania during my mid-semester exams in year 12. I was 18, terrified and largely alone because I was too scared to discuss what was going on with my family or friends. I had heard the statistics, I knew that I was undergoing a procedure which thousands of other women access every year, and yet I had never heard anyone talk about their own experience. It felt like I was the only one, and it came with extreme feelings of shame and isolation.
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No one should have to feel that way, because the truth is that everyone reading this knows someone who has had an abortion, whether or not you have talked about it. You will come into contact with someone who has ended a pregnancy almost every day. This is personal to everybody, and we need to talk about it. What does it mean to have an abortion? Abortion is the deliberate termination of a pregnancy. The termination may be medical or surgical. Medical abortion is carried out by taking a pill such as RU486 which induces a miscarriage. Surgical abortion is basically what it sounds like; surgery performed under general anaesthetic which removes the fetus and placenta from the uterus. Is abortion legal in Australia? An overwhelming majority of Australians support ready access to abortion in the first trimester (when most abortions are performed) and the legality of abortion is not often discussed, but the reality is that state-based abortion law is complex and largely outdated. In South Australia abortion is allowed when it is necessary to protect the physical or mental health of the woman. The procedure must be approved by two doctors and performed in a hospital.
Queensland declares abortion to be legal if necessary to avert serious danger to a woman’s life or health (above and beyond the ‘normal’ risks of pregnancy and childbirth), or in the case of a fetal defect so serious that the baby would die shortly after birth.
Abortions are expensive. Medicare provides parital coverage but the gap is consistently $300.00 to $600.00. The procedure is understandably time-sensitive (for legal, emotional and health reasons) so it is not an option to ‘save up’ the money to terminate a pregnancy.
Victoria and Tasmania decriminalised abortion in 2008 and 2013 respectively, now allowing early term abortions to be performed ‘on request’. Western Australia allows the same subject to counselling by a medical practitioner.
My experience was that in Tasmania there was no access to RU486, and there were no doctors living in the state who performed abortions. I was told that there was a doctor who flew in fortnightly who could perform the procedure, which meant I had to wait a full two weeks and did not have a choice of treatment between medical or surgical. This was while living in Hobart, a state capital - the situation for women in rural and regional areas is far worse, with many having to travel significant distances with little support.
In the Northern Territory abortion is legal up to 14 weeks if approved by two medical practitioners and performed in a hospital. New South Wales’ Crimes Act 1900 continues to criminalise abortion, although the courts have interpreted this so as to hold abortion legal so long as a doctor has a reasonable and honest view that for ‘any economic, social or medical ground or reason’, the abortion was necessary to ‘preserve the woman involved from serious danger to her life or physical or mental health which the continuance of the pregnancy would entail’. Dr Suman Sood was convicted in 2006 of two counts of performing an illegal abortion for failing to enquire for a lawful reason. Abortion law reform may be on the cards for NSW with Greens MP Mehreen Faruqi introducing a bill to reform NSW abortion law into parliament on 11 August 2016. Is abortion accessible in Australia? The introduction of protest-free exclusion zones around abortion clinics in the ACT, Victoria and Tasmania, which protect patients from being harassed by anti-abortion protesters, is an example of where we have made positive steps in this area. Unfortunately barriers remain, and the experience of many women seeking to terminate remains far more difficult than any of us should feel comfortable with.
Despite being available since 2006, RU486 has not been readily accessible to many women, who are instead told that they must undergo a surgical procedure. This is wholly inappropriate when a cheaper, safer and less distressing option is available. A telephone service announced last year would allow access to RU486 via phone and mail, with a view to improving access, particularly in rural and regional areas. However, this will not be available in South Australia, ACT or the Northern Territory, as in these jurisdictions a woman must undergo her abortion in hospital. The answer to the question of whether abortion is legal and accessible in Australia is - yes, sort of, but we can and should do far better.
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Opinion Snail in the Ginger Beer: The Insidious Sexism Underlying the Tutorial Participation Mark Hannah Roberts For many law students, the only thing worse than an early morning tute sign-up is the 12-week ordeal that follows – the scuffle for tutorial participation marks. Tutorials can be intimidating at the best of times, but some days, despite lecture attendance, case readings and preparation, it can be difficult to get a word in edgeways. Like a healthy snack at the end of a night at Mooseheads, that incisive comment you’ve been mentally crafting just doesn’t seem to make it past your lips… Law students are a notoriously competitive bunch, especially when there’s a lazy 10% up for grabs. But what if there was more to the tutorial participation mark than meets the eye? Alternately, can at least part of a tutorial participation mark be put down to what actually does meet the eye? In one of the most-watched Ted Talks of all time, social psychologist Amy Cuddy, who is also an Associate Professor at Harvard’s Business School, discusses how she noticed a discrepancy in marks between her MBA students (for whom class participation accounts for 50% of their overall mark): ‘business schools have been struggling with this gender grade gap. You get these equally qualified women and men coming in and then you get these differences in grades, and it seems to be partly attributable to participation’.1 This phenomenon has been extrapolated to other university students, and in particular, law students. 1
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https://www.youtube.com/watch?v=Ks-_Mh1QhMc
In 2012, research conducted on classes at the prestigious Yale Law School found that male students were 16% more likely to engage in oral classroom participation.1 A study of 254 final-year undergraduate law students in the UK found that the number one barrier to student contributions in tutorials was a ‘lack of confidence’, something that female students self-reported at higher rates than their male colleagues (42% compared to 10% of males).2 According to Graber, women are more inclined to ‘self-regulate’ and refrain from dominating discussion due to a greater relational ‘tendency to consider oneself in the context of others’.3 In a study of first-year biology students at a public university in the United States, almost 70% of classes ‘showed a pattern of male-biased participation’ in answers volunteered, whereby on average, male students ‘spoke 63% of the time, even though they comprised 40% of the overall class’.4 1 http://blogs.wsj.com/law/2012/04/24/ yale-law-study-finds-gender-imbalance-in-student-participation/ 2 Roseanne Russell & Rachel Cahill-O’Callaghan (2015) Speaking in the classroom: the impact of gender and affective responses on oral participation, The Law Teacher, 49:1, 60-72 3 Graber, Lauren A. 2013. “ARE WE THERE YET? PROGRESS TOWARD GENDER-NEUTRAL LEGAL EDUCATION.” Boston College Journal of Law & Social Justice33 (1): 45-105.
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Sarah L. Eddy, Sara E. Brownell, and Mary Pat Wenderoth, ‘Gender Gaps in Achievement and Participation in Multiple Introductory Biology Classrooms’ CBE—Life Sciences Education Vol. 13, 478–492, Fall 2014
There’s no doubt that oral communication skills are a vital part of being a good lawyer and advocate. Moreover, tutorials provide a great setting to practise verbalising our legal reasoning, as the smaller class sizes make them much less intimidating than the awkward acoustics of Coombs. However, as Australia’s legal system and much of the pedagogy behind law school teaching has its roots in male-centric discourse (developed primarily by men and designed to be taught to men), is it time we updated the law school curriculum with a less adver-
Participation has its place, but maybe electing a week to be ‘on-deck’, or splitting up the issues to be prepared by students in each tutorial, could help to address the issue of participation imbalance? After all, as marks at law school become ever more important in the current job climate, equalising the playing field at this critical time could be play a significant role in redressing the male-dominance of the legal profession, and its 35.6% gender pay-gap.1 1 http://law.unimelb.edu.au/news/MLS/women-supporting-women
NSW Counter-Terrorism Legislation Kanika Kirpalani and Rose Bruce-Smith Australia has been looking to crack down on its counter-terrorism laws. Following on from attacks in France and Turkey, there have been recent talks for NSW to reform their terrorism laws. The opposition has recently indicated that they would vote in favour of the new laws recently introduced to parliament by the state government. The legislation would allow NSW Police to detain and question suspects of terrorism without charging them for an offence. Quite surprisingly, this detention period would be for up to a fortnight, a rather lengthy time to deprive individuals of their civil liberties. This is watered down from the even longer period of 28 days originally proposed. Of most concern however, is the fact that this legislation would also allow people as young as 14 to be detained as suspects. The justification for this incredibly young age is the perception that teenagers are more frequently becoming involved with extremist movements included Islamic State, or Daesh, because of their impressionability.
The major impetus for introducing this legislation was the fatal shooting outside Parramatta police in October of last year by fifteen-year-old Farhad Jabar. The teenager was killed in the incident, and it has been described as a politically motivated act of terrorism. Jabar had allegedly heard extremist lectures at a local mosque. No clear finding into the influence exerted over Jabar has been found however, although three men were charged in relation to the incident with being members of a terrorist group and a fourth with providing aid to terrorist group for assisting the deceased’s sister travel to Syria. This legislation has been put forth to create more effective police investigations, allowing more time for questioning. The laws are proposed to be limited legislation, only to be applied where there is an imminent terror threat to Australia. Although these new laws seek to tackle ‘red-flags’ in society, we must question the concept of further isolating different communities rather than providing them support. Appearing to undercut the values we pride ourselves on as a society is not a beneficial message to send. 23
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The art of law
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Horoscopes Eden Lim
VIRGO: You may struggle this month with study. You may find it helpful to form a study group, attend class or buy the textbook.
ARIES:
LIBRA:
The time has come to spring clean you life. Remove dust, dirt and those empty cider cans from your room and freshen it up with a new pillow or a colourful slab of some oher liquid gold.
After the bender you had at Law Ball, the constellations are advising you to stay of the Champas and Cab Sav for a while.
TAURUS: Now that the days are longer, use those extra hours of daylight to reconnect with nature. Jupiter has aligned with venus meaning that it’s the perfect time to find yourself and reflect by Sullies. GEMINI: This month you may be a bit short of dosh. The starts are not aligned in your favour. CANCER: These next few weeks are the perfect time for you to rekindle some of those long forgotten Tinder connections.
SCORPIO: This month is your month to find that special someone. They’re waiting for you Level 1, Chifley. SAGITTARIUS: Keep your friends close but your enemies closer! CAPRICORN: As Mid-Sem exams approach, be sure to attend a lecture or two and check out your course outlines. AQUARIUS: This month you may feel uninspired. Watch a Ted Talk, or go for a walk to the Bar for a jug.
LEO: This month is the month for you to meet new people. Try going to an LSS event or get loose at Moose. 26
PISCES: You popularity will increase this month as your snap-stories become more rogue.
Overheard at Law School “The last time I was at the Law Library was when I was following a guy I liked”
Jaded 4th Year “Mature age student sits down at computer with headphoes, whole Law Library cringes as Lecture Copyright notice blasts from speaker”
Upsest Undergrad
“The Gleeson HCA went to Howard and was like; ‘Take me now!’”
Admin Law Aficionado
“I don’t get it. I went to Bergman. I did MUN. I didn’t get the Clerkship because..?”
Gloomy 5th year
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Allen’s
Peppercorn. EDITORIAL TEAM Rose Bruce-Smith Kanika Kirpalani Harry McLaurin Lucy Peel
COVER ILLUSTRATION Aston Cox
PUBLICATION DESIGN Kanika Kirpalani