Peppercorn Issue 4 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

3 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

Presidentsâ&#x20AC;&#x2122; Welcome

Supply Chains and Modern Slavery: Reporting on the Rise

Bryce Robinson

Rachel Nicolson and Peter Haig

LSS Novice Competitions Experience: Negotiations Rocky Lagudi and Mitchell Patel

38 Cartoon Guy Exton

10 2018 LSS Executive Profiles 18

2018 CoL Reps Profiles

20 There is no Slippery Slope, or is There? Arthur Bi 34 The Value of Studying Law Abroad Julia Faragher 36 Satire: s 44 Set To Spike APL Enrolements Brigid Horneman-Wren

President’s Welcome Bryce Robinson

Welcome to the fourth and final edition of Peppercorn! It is with a heavy heart that I write my final little spiel as President (although I’m not going to lie, the concept of sleeping for more than five hours a night or never having to hear the now traumatising ding of yet another LSS email does seem particularly tantalizing at this point). Taking this opportunity to reflect, I couldn’t be more proud of my Committee for their incredible dedication and hard work this year. Among the many highlights of this year have been the breathtaking expansion and diversification of our careers portfolio, our sexy new publications, an enormous overhaul of our constitution and regulations, the reinstatement of the International Students Director (who has absolutely hit the ground running), the inaugural Law Market Day, spunky new merch, a jam-packed Wellbeing in the Law Week, and much, MUCH more. All of this has been in addition to our various high-quality events, competitions, panels, educational resources, and advocacy, which have continued to go from strength to strength. That being said, we must always look forward and strive for continual improvement. We’ve got a long way to go in making sure that we acknowledge, include and support all members of the ANU Law community, but I’m confident that the new Executive and Committee will be up to the task. As I draw to the close of my term, I am going to make an absolutely shameless plug for the LSS and tell you a few reasons why, despite having a free pass to step away from the Society, I plan to do anything but. First is the reality that, in the legal world, your character and your reputation are important. By engaging with people and with activities beyond your required courses, you are showing yourself to be someone who is connected, driven, and passionate, which is something that stands out to your peers and prospective employers alike. It also has the added benefit of allowing you to make meaningful connections with people in your cohorts, the faculty, law firms, government and various other organisations, all of which may prove to be very fortuitous at some point in your journey. Secondly, it is an opportunity to see what the legal world looks like ‘from the inside’. Students come to law for a great diversity of reasons, but so often their ideas of what law is can be very different from what it entails in practice. By engaging with the legal profession via our various careers, social justice, education, competitions, social and wellbeing programs, you will come to have a much broader and deeper understanding of what working in the law might look like, in all of its diverse manifestations. Lastly, and perhaps most importantly, the LSS represents the very ‘human’ aspect of what can be a very challenging, and sometimes isolating, field of work and study. Sometimes, amidst the rigour and the pressures of studying law, it is easy to lose sight of what motivated us to pursue it in the first place. The activities of the LSS represent an opportunity to connect with each other, to find solace in the joint struggle, to keep our values in focus and to discover (or sometimes rediscover) our passions. I thank you all for engaging with the Society this year, and I can’t wait to see you all around next year. Good luck for your exams, and have a marvellous Summer break!

Supply Chains and Modern Slavery: Reporting on the Rise Rachel Nicolson and Peter Haig

In brief: The release of the Attorney-General's consultation paper on modern slavery in supply chains and the recent interim inquiry report on establishing an Australian Modern Slavery Act reflect how international standards around corporate respect for human rights are becoming enshrined in law. Australian companies, and companies operating in Australia, are likely to see increased supply chain reporting requirements in relation to modern slavery as early as next year. Partners Rachel Nicolson and Peter Haig, Associate Freya Dinshaw and Lawyer Shamistha Selvaratnam from Allens report.

HOW DOES IT AFFECT YOU? • If the proposed changes are adopted, large businesses will be required to report on measures taken to minimise the risk that modern slavery exists in their operations and supply chains by publishing a Modern Slavery Statement, signed by a director. • In preparation, Australian businesses and foreign businesses operating in Australia should consider: • the modern slavery risks present in their operations and supply chains; • the effectiveness of the policies they have in place to address modern slavery; and • the effectiveness of due diligence processes relating to modern slavery. • Submissions on the consultation paper are due on 20 October 2017, and the Minister for Justice is likely to release draft legislation in the first half of 2018. BACKGROUND As we reported in a previous Focus, earlier this year, the Attorney-General referred a broad inquiry into establishing a Modern Slavery Act to the Foreign Affairs and Aid SubCommittee of the Parliament's Joint Standing Committee on Foreign Affairs, Defence and Trade (the Committee). Since then, the Committee has received 201 submissions and held public hearings with a range of stakeholders. On 16 August 2017, the Federal Government published a consultation paper and regulation impact statement outlining its proposed model for a Modern Slavery in Supply Chains Reporting Requirement. The proposed model will require large entities operating in Australia to report annually on their efforts to address modern slavery in their operations and supply chains. On 17 August 2017, the Committee released an interim report recommending that the Federal Government support the development of a Modern Slavery Act. It recommended that the Act impose supply chain reporting requirements on Australian companies, businesses, organisations and governments and establish an Independent AntiSlavery Commissioner.

PROPOSED REPORTING REQUIREMENT IN AUSTRALIA The reporting requirement proposed by the Minister of Justice will require entities (including bodies corporate, unincorporated associations, superannuation funds and approved deposit funds) operating in Australia with annual revenues of at least $100 million, to report annually through publishing a 'Modern Slavery Statement' on their webpage. The Modern Slavery Statement would be required to address: • the entity's structure, operations and supply chains; • the modern slavery risks present in the entity's operations and supply chains; • the entity's policies and processes to address modern slavery in its operations and supply chains, and their effectiveness; and • the entity's due diligence processes relating to modern slavery in its operations and supply chains, and their effectiveness. The Modern Slavery Act 2015 (UK) came into force in 2015 and has been highly influential in the consideration of a Modern Slavery Act in Australia. The proposed reporting requirement bears many similarities to s54 of the UK Modern Slavery Act, including the requirement that the Modern Slavery Statement must be approved at the equivalent of board level and signed by a director of the entity. However, there are some differences between the proposed Australian reporting requirement and s54 of the UK Modern Slavery Act. The key differences are as follows: • The threshold for the proposed reporting requirement will be set at no lower than A$100 million total annual revenue, whereas the UK Modern Slavery Act threshold is a total annual turnover exceeding £36 million (approximately A$59 million). As a result, it is likely that entities that are required to report under the UK Modern Slavery Act may not be required to report under an Australian Modern Slavery Act. • The UK Modern Slavery Act provides flexibility as to the content of Modern Slavery Statements and sets out six optional criteria about which entities may include information. As set out above, the proposed Australian reporting requirement will require entities to report on four criteria. Reporting on the criteria will be mandatory to ensure that the content of statements is consistent and comparable, and to provide certainty to entities about what to include in their statements. • In the UK, if an entity fails to publish a Modern Slavery Statement, the Secretary of State may bring civil proceedings in the High Court for an injunction (or, in Scotland, for specific performance of a statutory duty under s45 of the Court of Session Act 1988(UK)) requiring the organisation to comply.1 If the organisation fails to comply with the injunction, they will be in contempt of a court order, which is punishable by an unlimited fine. In contrast, the proposed Australian reporting requirement will not impose a penalty on entities for non-compliance – however, entities that fail to comply may be subject to public criticism. This will be further enhanced by a governmentbased central repository containing the statements of all entities that are required to report under the legislation. 8

TRANSITION BETWEEN INTERNATIONAL STANDARDS AND DOMESTIC LAW The Australian Government's proposal reflects its engagement with established international standards and guidance designed to prevent and address breaches of international human rights in corporate supply chains and operations. Key among these standards are the UN Guiding Principles on Business and Human Rights (UNGPs) and the OECD Guidelines for Multinational Enterprises (OECD Guidelines), which place standards on business conduct, including in relation to: • • • • •

implementing human rights policies; engaging in non-financial due diligence; reporting and communicating on human rights impacts; monitoring and tracking human rights performance; and providing access to remedy where violations have occurred.

Businesses that already seek to align their activities with the UNGPs, in particular, and other established international standards (such as the Voluntary Principles on Security and Human Rights) are well-placed to manage new legislative requirements in relation to supply chain reporting. For companies that are beginning to grapple with the significance of the proposed supply chain reporting requirements on their business, there is a wealth of practical guidance available that will assist in preparing for an Australian Modern Slavery Act. Human rights ranking initiatives, such as the Corporate Human Rights Benchmark, also provide a strong indication of what best practice looks like across different sectors. The release of the consultation paper and interim report are the next steps on the path towards increasing the reporting requirements imposed on Australian companies in line with international law standards and the laws of comparable countries, such as the United Kingdom, the United States, France and the Netherlands. Companies that align their conduct with international best practice will be well positioned to meet new standards in respect of human rights and related focus areas, including the fight against modern slavery and human trafficking. In the meantime, all businesses should consider enhancements to their strategy and systems to prevent and address human rights impacts throughout their supply chains prior to the enactment of reporting requirements, or other legislative reform in this space. Footnotes: 1. UK Modern Slavery Act, s54(9).

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

Rachel Nicolson

Peter Haig

2018 LSS Executive Profiles President: Suchara Fernando Hi there! My name is Suchara and I am your LSS President for 2018! A few fun facts about me: - I’m from Canberra - I am a huge Beyoncé fan - I’m in my fifth year of an Asian Studies/Laws degree This year as Vice-President Social Justice I had the opportunity to be involved in a number of exciting events. I am most proud to say that we were able to introduce a fundraising component to all our events and have created relationships with Women’s Legal Centre and A Gender Agenda. We also brought a new event to the LSS Calendar: The Indigenous Australians Speaker Series. We continued the Law in Action program in Cambodia and worked with students upon their return from the Myanmar Clinical course in setting up an essay feedback project with students in the Dagon University Law Students Association. This is an LSS that I want to be a part of, a society that represents a community of students who want to interact actively with the outside world. Keeping in mind this ethos, of being active community members, my vision for the LSS is to take a holistic approach to the law student experience; one centred on the areas of social events, skills and education, and community-minded and career ready students. As an organisation, I believe the LSS should be a strong advocate for student interests, needs greater diversity in funding, should be building up leaders within the Committee, and has a key role to play in furthering justice in the community. The LSS has a unique platform to assist in providing opportunities and support to law students. In order to achieve this, I hope that students will feel comfortable in engaging and approaching the LSS. I encourage you to get in touch if you need, please do not be shy! I look forward to next year, and if you have any questions or ideas, please flick me a message!

Vice-President (Administration): Julia Faragher Hey! My name is Julia and I’m going to be your VP (Administration) for 2018. I’ve loved working as the Publicity Director this year and I’m really excited that I get to continue being a part of the Admin portfolio. I’m currently in my third year of Arts/Law, with a particular love for gender law and media law. In my spare time, I also work as a writer and photographer, I visit many art galleries and I love to travel. I’m looking forward to colour-coordinating the LSS calendar, expanding Peppercorn’s content and creating an LSS style guide. I hope to be part of an LSS that represents all kinds of law students and can enrich everyone’s law school experience. Please feel free to get in touch if you’ve got any suggestions for next year!

Vice-President (Careers): Rocky Lagudi Hey, I’m Rocky, a second year Commerce/Law student. I’ve been on the LSS for two years, as a First Year Rep and now Careers Director. I also live at Fenner Hall, play a bit of football, and DJ every now and then. As VP (Careers) in 2018, I want to create a Careers Portfolio that focuses on opportunities for gaining practical skills and experience. Students, more than ever, need chances to hone their skills as they prepare for their future careers, regardless of whether that is in the legal profession or not. Firm visits, more workshops that align with firms’ application processes, continued high-quality Careers and Clerkship Guides, and a resource that provides more firm info, such as firm practice groups, are just a few ideas I hope to implement. I’m really looking forward to working with Sammy and Georgie to bring students a great year of Careers-related materials and events!

Vice-President (Education): Lauren Skinner Hey, I’m Lauren and I’m going to be VP Ed next year! I hail from the incredible town of Adelaide, I’m in my third year of Law/Arts – majoring in IR (who isn’t) – and this semester I’m on exchange in Paris. My first two and a half years at ANU were spent on campus at B&G, and my favourite things include sports, travelling, and Thursday nights at Moose. As VP Ed, I’m super excited about the opportunity to help people have a better time at law school, and my experience on exchange this semester has inspired me to develop some international student-specific initiatives within the Education portfolio.

Vice-President (Finance): Nic Ryan Hey guys, I am Nic, the new VP (Finance)! I’m a Sydney boy who moved to ANU to pursue Actuarial Studies and Law. I love my rugby union and NFL. It is the NFL season now and the LA Chargers recently had their first win, so if you ever call me out for being on the bandwagon when they go 12-4 and win the super bowl this year, remember this. I am excited to be on the LSS this year and hope to bring a lot to it!

Vice-President (Social Justice): Sarah Svehla I’m Sarah, your Social Justice Vice President for 2018! A bit about me-I’m a second year Law/Science (Psychology) kid from Sydney. My favourite law subject thus far would have to have been criminal law, particularly due to my strong interest in the systematic disadvantage of Indigenous Australians within our judicial and penitentiary systems. I was fortunate enough to be on the LSS committee this year as a Social Justice Director, which opened my eyes to big impact this portfolio can have- an impact that I want to recreate in 2018. Next year I want to harness ANU law student’s interest in the legal rights of minority groups, from the Queer* community to refugees, through introducing more practical hands-on initiatives that enable them to get more involved in these areas of interest. I’m thrilled to be working alongside Carina and Nila to make this happen!

Vice- President (Events) : Lucy Price Hi I’m Lucy, and I’m a 2nd year Law/PPE student. I’m excited to be the VP Events in 2018 as I’ve loved working on the events team this year as social director and am super excited to make law ball bigger and better! This year on the LSS I loved being able to put on events that brought Law Students together and re-vamp the LSS social scene. Our O-week party was a huge success this year with the legendary secret LSS punch and I’d love to keep this tradition next year as it is a great way to kick off law school for new students. I also want to keep our commitment to lunch time sport, potentially attempting to have a touch team added to the mix next year. I’m hoping to offer an alternative event to Law Ball in 2018 that is still classy but is cheaper and may potentially include a chance to network with faculty. I believe the events portfolio has the scope to encourage more academic networking as there are wonderful faculty who are underutilised and can become great connections in the future. I’m organised and fully committed to making 2018 fresh and exciting for events on the LSS!

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

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

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

Meet your 2018 ANUSA College of Law Representatives Campbell Clapp My name is Campbell Clapp, and I’m originally from Melbourne. I moved to Burgmann College at the start of 2016 to study Arts/Law at ANU – well, originally PPE/Law, but realised I don’t actually like Politics. I have been a part of the Law Students’ Society this year as one of the Careers Directors and went on First Year Law Camp as a mentor this year. Working on the LSS was great, but I’m really excited to see a different side of student representation through ANUSA next year.

Angela Chen Hi everyone! I’m Angela and I’m a third year Arts/ Law student, originally from Sydney. I have tried and tested all the law societies and I’m so glad I did because I’ve really enjoyed being greatly involved in law school over the past three years. Running events for you all has been so fun, but after helping the International Law Society advocate for the 2016 International Law course to be changed, I discovered that what I was more interested in was the policy making and changing side of student representation. I hope Campbell and I will bring you an improved and more enjoyable law school experience in 2018!

What do CoL Reps do on ANUSA? CoL Reps act on behalf of the undergraduate law student body and sit on the College Representative Council, where Representatives from each Academic College meet regularly throughout the year and discuss changes to the academic side of university and how they impact students. Colleges come together to discuss certain issues that are not going well and how they might improve them. They also share techniques that they have implemented and found helpful in order to assist the efficiency of other Colleges who are struggling with a similar issue. We are a source of information and a point of contact, so students can come to us with any questions about law school or when they come across a problematic issue with their degree or the College of Law. We act as an advocate to the administration, and are the main organisers of first year law camp. As CoL Reps, we also sit on the College Education Committee alongside the LSS President and Vice-President (Education) and the PARSA CoL representatives, and represent students’ opinions on any changes to curriculum or policy that the college is hoping to institute. Policy Goals for 2018 What we are hoping to achieve in our time as CoL Reps is to work with the societies within the law school to make sure that we are creating good resources and events for students and offering them as much support to students as possible. In 2018, we also hope to: • Look at how law student wellbeing is impacted by different policies and practices, and attempt to implement changes both through the College itself and through what Law Societies have to offer to minimise mental ill health. • Advocate for better exam timetabling, a longer STUVAC period, and fairer assessment review with a more supportive appeals process. • Begin consultation with the ANU College of Law and the whole law student cohort on including an Indigenous Australian compulsory course or an Indigenous Australian learning component/assessment in relevant law courses. • Increase the approachability of CoL Reps.

There is no slippery slope, or is there? Arthur Bi

One of the areas in the current same-sex marriage debate which has been so far received limited attention is High Court’s judgment in the case of Cth v ACT [The Commonwealth v Australian Capital Territory [2013] HCA 55], and its potential implications that could bedrawn for the current debate. In particular, this short essay argues that in the case of Cth v ACT, the High Court has lent its implicit, if not explicit, approval to the “slippery slope” argument. The issues in Cth v ACT The litigation of the Cth v ACT [The Commonwealth v Australian Capital Territory [2013] HCA 55] concerns the short-lived Marriage Equality (Same Sex) Act 2013 (ACT), which briefly legalized samesex marriage in the ACT in 2013. The main issue before the Court was whether the ACT legislation fell substantially or entirely within the scope of section 51(xxi) of the Australian Constitution, which gave the federal Parliament the legislative power to ‘“make laws with respect to “‘marriage”’’ [The Commonwealth v Australian Capital Territory [2013] HCA 55, [7]]. The Court held, amongst other things, that the ACT legislation was in fact inconsistent with the Marriage Act 1961 (Cth) and the Family Law Act 1975 (Cth), because the ACT and the federal statutes purport to cover a very similar, if not identical field, namely “marriage” [The Commonwealth v Australian Capital Territory [2013] HCA 55, [57]-[61]]. By reaching this conclusion, the Court relied substantially on its reasoning that “marriage” is a term which includes a marriage between persons of the same-sex [The Commonwealth v Australian Capital Territory [2013] HCA 55, [38]], as well as the fact that the 2004 John Howard amendments to the Marriage Act made plain that “the federal marriage law is a comprehensive and exhaustive statement of the law of marriage [The Commonwealth v Australian Capital Territory [2013] HCA 55, [58]].” Notably, the High Court (in my opinion regrettably) also, once and for all, closed the door on the possibility of “federal diversity” on the issue of same-sex marriage, through which different States and Territories could decide on their own as to whether they wish to legislate for same-sex marriage. The Court held that the absence of a provision permitting same-sex marriage by the federal Parliament does not mean that the Territory legislature may make such a provision. Therefore, a territory law permitting same-sex marriage cannot operate concurrently with the federal marriage laws [The Commonwealth v Australian Capital Territory [2013] HCA 55, [56]]. [AH1] [AH2] Certainly, a similar argument could be applied to the States, in that any State-based legislation would be void due to inconsistency with section 109 of the Constitution. For the current purposes, however, it is certain aspects of the Court’s reasoning in reaching its conclusion which warrant further discussion here. The liberal definition of “marriage” under s 51(xxi) According to the High Court, “marriage”, as understood in s 51(xxi) of the Constitution, simply refers to “a consensual union formed between natural persons in accordance with legally prescribed requirements which is not only a union the law recognises as intended to endure and be terminable only in accordance with law but also a union to which the law accords a status affecting and defining mutual rights and obligations [The Commonwealth v Australian Capital Territory [2013] HCA 55, [33]].” 20

There are various important elements of “marriage” missing in this very broad definition expressed by the Court, which is to be understood as the outer limit of the scope of the federal Parliament’s power under s 51(xxi). According to this definition, there is no restriction on the number of natural persons that could be in this “consensual union”. Surely three people are just as capable of forming such a “consensual union” defined by the Court as two people of the same sex. Likewise, there is no reference to the degree of affinity or age limit required for individuals to form such a “consensual union”, meaning that so long as a person under the age of 16 is mentally capable of giving consent, there would be little, if any, doctrinal obstacle for such a relationship to fall within this “consensual union”. Similarly, there is no requirement that such a “consensual union” must be “to the exclusion of others”, which means, for example, that two separate relationships between the same man with two different women could also fall within the scope. Crucially, what is missing in the Court’s understanding of the concept of “marriage” is the social functions of marriage. The Court’s definition of “marriage” is reduced to a mere contractual relationship between the parties. Such a definition is not only hollow, but might well open the gate for relationships other than same-sex marriage. If the legal definition of marriage is a “mere contract”, and if two people of the same sex are capable of being parties to a marriage, then there is no logical objection that perhaps three people are also theoretically capable of forming the same relationship. Wouldn’t the decision by the federal legislature to draw such a line in the sand to limit the institution of marriage by the number of parties arbitrary and potentially discriminatory towards other forms of relationship; maybe just as arbitrary and discriminatory as a decision to limit the institution of marriage to two people of the opposite sex? The evolving understanding of marriage Though it is recognized that a distinction must be made between the limit on the legislature’s power to legislate on a certain subject matter and its will to legislate on that matter, it is certainly arguable that it would not be impossible for a future government, to push the boundaries of marriage even further beyond same-sex marriage. After all, the Court seems to have painted a picture of an ongoing process of evolution in the concept of “marriage”. According to the Court, “the legal status of marriage, like any legal status, applies to only some persons within a jurisdiction” and “the boundaries of the class of persons who have that legal status are set by law and those boundaries are not immutable” [The Commonwealth v Australian Capital Territory [2013] HCA 55, [37]]. If the concept of marriage is not “immutable”, then how would we know for certain that the legalization of same-sex marriage would be the end of the social progression? In the past few years, for example, the Australian Labour Party has changed its view on this subject matter. If the legal meaning of marriage is not “immutable”, would our political establishment change its position again on the same issue in a few years’ time? The attitude towards polygamy This liberal construction of the marriage power under s 51(xxi) is also corroborated by the Court’s seemingly permissive attitudes toward polygamy. The Court explicitly acknowledged that, at least from at a purely doctrinal level, polygamous relationships could also be recognized: “Once it is accepted that "marriage" can include polygamous marriages, it becomes evident that the juristic concept of "marriage" cannot be confined to a union having the characteristics described in Hyde v Hyde and other nineteenth century cases [The Commonwealth v Australian Capital Territory [2013] HCA 55, [33]].”

Later on, the Court suggested that “marriage law is and must be recognised now to be more complex”, and one of the reasons why that must be the case was that “some jurisdictions outside Australia permit polygamy [The Commonwealth v Australian Capital Territory [2013] HCA 55, [35]].” The Court then reiterated this position: “…these facts cannot be ignored or hidden. It is not now possible (if it ever was) to decide what the juristic concept of marriage includes by confining attention to the marriage law of only those countries which provide for forms of marriage which accord with a preconceived notion of what marriage ‘should’ be [The Commonwealth v Australian Capital Territory [2013] HCA 55, [36]].” Conclusion After a close examination of the Court’s judgment in Cth v ACT [The Commonwealth v Australian Capital Territory [2013] HCA 55], it could be argued that the liberal construction of the term “marriage” and the rationales in which the Court formed this construction, give rise to the possibility that there will be further pushes to redefine marriage even after same-sex marriage is legalised.

Arthur graduated with LLB (Hons) in Dec, 2016. His Honours thesis was on migration law. He currently works as a legal assistant in an immigration firm in Brisbane, and his main interests include administrative law, migration law, constitutional law and international law.

Complete your PLT with ANU in Canberra 22â&#x20AC;&#x201C;25 January

lwsa.law@anu.edu.au

legalpractice.anu.edu.au/gdlp/apply-accept-enrol

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

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

27 15306D

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.

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

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

The Value of Studying Law Abroad Julia Faragher

Over this yearâ&#x20AC;&#x2122;s winter break, I went to study Global Media and Communications Law at the University of East Anglia International Summer School in Norwich, England. I was keen to start breaking into my electives after two and a half years of dictated law courses and also wanted to diversify my learning experience with some international exposure. I went overseas with high expectations, and somehow they were not just met but even exceeded. Global Media and Communications Law covered topics such as Internet privacy, music sampling, the role and responsibility of the press, smartphone wars and social activism. It was a really refreshing change to be able to take a course in such a specialised area of interest, especially since this topic is not currently offered at the ANU. The course was taught by eight different academics, so each of my teachers was lecturing on their expert area which I thought was a great strength of the course. It meant that every one of my academics was passionate about the area they were teaching and extremely qualified, as most of them held a PhD or were working towards a PhD on their expert topic. As a photographer and a law student, itâ&#x20AC;&#x2122;s probably very unsurprising that my favourite topic was the legal implications of photography. I am always trying to find ways in which my Arts and Law degrees intersect, so this class was definitely a highlight. We discussed how recent developments in photography have created the need for privacy laws to adapt to new situations which may fall into legal grey areas. For example, an actor who walks to the supermarket to do their local grocery shop is definitely not in their private home, but they are also not at their place of public work. A rock star who takes their children to the park wishes to tell a photographer to stop taking photographs of their family outing, but the photographer believes they have freedom of expression. The course also had more practical components than any of the ANU law courses that I have taken so far. It included two academic field trips to London to visit the Supreme Court of the United Kingdom, the Royal Courts of Justice, the Inns of Court and the Science Museum. It was exciting to be able to see where some of the cases that we were studying had actually been decided and helped teach us the hierarchy of different courts in the UK. Additionally, a lot of the classwork was very practical. We often had debates in smaller groups about contentious issues and workshopped particular definitions which ensured that we were all actively thinking about the course instead of half-heartedly listening to the lecturer. A great favourite of mine was our music sampling class, where the teacher brought in his drum kit and announced that we all had to have a go at playing or he would fail us (he was joking). He then also played us several music clips from the cases we were discussing to see if we could spot where they had sampled previously existing songs and decide whether or not we thought it constituted a substantial part of the original song.

It was also really fascinating to learn about a different jurisdiction. Given the global nature of not just the course, but the Internet as well, it did have an international dimension but it was mainly focused on the UK. I enjoyed learning about the different levels of the UK appeal system and the immense influence that EU law has on the UK system. It also opened my eyes to the changes that

are most likely coming as part of Brexit, and how the legal system might be in for a lot of work in order to fully separate the two. Funnily enough, completing this elective also taught me that my compulsory courses are actually necessary and valuable. This is due to the fact that the law overlaps in so many different ways, including surfacing in a course about media law. Taking Torts allowed me to better engage in discussions about Internet privacy and taking Administrative Law meant that I could recite Australiaâ&#x20AC;&#x2122;s position on freedom of information. Overall, I very much enjoyed my time at UEA and would thoroughly recommend the course to anyone else interested in media or communications law. Studying abroad definitely opened up my perspective in so many different ways and taught me to better appreciate my own degree. Go forth and study widely, without fear.

Julia Faragher is a third year Arts/Law student and Publicity Director for the LSS Photos by Julia Faragher

Satire: s 44 Set to Spike APL Enrolments Brigid Horneman-Wren

The ANU College of Law has entered into talks with senior parliamentary officials, with negotiations underway to allow all federal politicians special entry into Australian Public Law. Those with parents, grandparents, and suspected long-lost cousins born overseas will be the first to be enrolled. “Obviously this is usually a second year course,” said a spokesperson for the College, “but we’re of the opinion that our politicians should have the same understanding of the Constitution that we’re currently teaching nineteen year olds.” A source inside parliament cited ANU’s proximity to Parliament House as a key draw point for the push to get the politicians enrolled in law school. “So many of the staffers here go to ANU, so we got talking to them and the ANIP students. Once we realised how easy it was for them to get between work and uni, we thought the taxpayers wouldn’t mind copping the Uber fees if it meant we’d stop having daily dual citizenship referrals to the High Court.” Admissions experts, however, are sceptical as to how many parliamentarians would be able to prove the equivalent intelligence of the current 98 ATAR requirement. Legislation to allow them to circumvent the UAC application process is expected to soon be passed. If the program is successful, it will be expanded to all party lawyers and anyone up for preselection.

Brigid is in her third year of BA/LLB. She surprisingly enjoyed APL, and frequently despairs over the state of Australian politics.

LSS Novice Competitions Experience: Negotiations Rocky Lagudi and Mitchell Patel

Competing in the Novice LSS Negotiations Competition was our first experience in trying any sort of practical law competition. Without a doubt, participating was one of the best decisions we made, and we thoroughly enjoyed the whole experience. Negotiations was such a fun and challenging competition, and one that has allowed us to improve a variety of communication skills. What we enjoyed most was the art of balancing our clientâ&#x20AC;&#x2122;s aims against those of the other side, so as to ultimately come out of the negotiation having achieved closer to our clientâ&#x20AC;&#x2122;s desires than the other side. One thing that we certainly could never underestimate was the importance of probing questions, or having a well-timed break â&#x20AC;&#x201C; something that we used in every negotiation throughout the whole competition, and which was vital to our success. Throughout the competition, we learnt the importance of setting out an agenda, while also tempering this with the need to be flexible and composed as the negotiation inevitably took its own direction. Determining the best approach to take was always interesting, with interest-based negotiating really resonating with us. We made sure that prior to every negotiation we set out a best case and worst-case outcome for each aspect. This gave us the freedom and flexibility during the negotiation to find the balance in outcomes as we saw fit. Each round, we were faced with quite different facts and clients, so it was important to be open-minded and aware that the confidential facts from the other side always have the potential to throw a spanner in the works. It was also important to remember that we were representing the client and their aims, and as such, needed to keep emotions aside. We are absolutely stoked to have won the Novice LSS Negotiations Competition, and look forward to trying our hand at the Senior level next year. We would absolutely recommend having a go at any of the LSS Competitions. They are a great opportunity to hone your communication and legal skills in a very practical and realistic context!

Rocky is a second year Commerce/Law student. He is currently a Careers Director on the LSS, lives at Fenner Hall and DJs at Mooseheads. Mitchell is a third year Finance/Law student.

Cartoon

Guy Exton

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