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Editor's Note To all returning students, welcome back. To all new students, welcome to the Bond Law family. Bond Bench Press (BBP) is the LSA’s monthly publication where students and Faculty can share their thoughts about the law and law school with the greater community.

talking about the importance of work experience to land that grad position. As the law world continues to change we also have a couple of articles looking at the effects of plea-bargaining and why Australia needs a Human Rights Bill. Let us know what your opinions are on these matters and maybe consider writing a response for the next edition.

The first edition of the BBP provides a lot of insight about student life at Bond. Whether you’re nine sems deep in your law degree or just a rookie in your first sem, the tips and tricks provided in this publication will hopefully help you get those HDs we’re all after. Of course there’s more to Bond and Law School than just good grades. Accordingly, we have a student writing about student politics and leaders and what you can do if you want to get involved in the many student clubs and FSAs on campus.

Along with the LSA, the CLSA and ALSS make a significant contribution to the law community at Bond. Be sure to read up on their updates to see what they have planned for this sem. I hope you enjoy reading the first edition of BBP and encourage you to contribute to future editions. We are happy to accept articles, photos, poems, etc. that other law students will find to be a good read. Please submit content to me for the next edition by 5pm on Friday Feb 15. Last but not least, congratulations to the 2012-2013 Bond Jessup team for their outstanding performance in the nation’s capital. You made us all proud to be Bond Law Students.

There is no shortage of talent and opportunities at Bond . One student looks at an opportunity of diversifying the student curriculum to gain insight on international law. If you are considering an exchange for semester we have an article that will help provide you with some insight about one student’s experience while studying at Duke. As Clerkship season is around the corner we have another student

Basil Bansal

Table of Contents 12 Life as a bond Student

4 Bond Politics

14 Case Break

6 How did i get here?

15 CLSA/ALSS Updates

7 Plea Bargaining

19 Q&A Internationalising

8 the law school curriculum

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Law School in 'Murrica

11 the human rights and anti-discrimination Bill

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Editor

Basil Bansal

Creative Director Thinesh Thillai

Cover Model

Caroline Karlsson

Photographic Contributors ROb Leonard & Google Inc

Article Contributors Jake Rischbieth, Alex Myers, Antonio Meringolo, Zahra Hosseini, Rupert Pedler, ChanTal Mcnaught, Chris White, Cory Sterling,


LSA ADDRESS

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For further inside information regarding the clerkship experience and application process, the LSA will be hosting a panel and drinks function at the amphitheater in week 7 so keep an eye to the ground for further information as it is released. As So the Mayans were wrong… 2013 is upon us and always, if you have any career oriented questions, make an appointment with Nadia Singh from the we’re all still here. To those returning, welcome back and to new students, we hope you’ve enjoyed Graduate Development Office. Even if you are legityour first few weeks of settling in. May your devel- imately uninterested in ‘working for the man’ or ‘being a small cog in a big machine’ (etc. etc.), gaining oping love of long documents flourish. I am the LSA’s Corporate Relations Director, responsible for experience in commercial firms will increase your sourcing sponsorship and encouraging interaction employability and earn you some delicious dollars. between students and law related industries. From a competitive standpoint of a different From this context 131 is an important trimester. In kind, the Brian Orr Mooting Competition is being the coming months Queensland law students will held in Week 6 so make sure to brush up on your apply for vacation clerkships, await priority offers courtroom etiquette and find an argumentative partner. Although no prior experience is necessary for law graduate positions and applying for jobs to compete, remember that the LSA provides free across private and public sectors for positions in mooting mentoring upon request. 2014. If you aren’t already on top of it, now is the time to start considering what you’re interested in As always, if you have any queries or unbelievably positive feedback, feel free to contact us at lsa@ doing and how you might gain experience in the area. It is never too early to begin getting a feeling bond.edu.au. We wish you all the best for the for the different firms and avenues available to law coming weeks,

So the Mayans were wrong...

students and graduates.

Ben Scarrabelotti | Corporate Relations Director.

Clerkship applications open on 25 February (Monday Week 7) and close on 18 March (Wednesday Week 9) so you’ve got about two weeks to ration application submissions to firms. This is entirely unoriginal but try not to leave it until the last minute (because I did and I could have sent more applications if I’d been better organised). If possible, plan to have an application submitted to a different firm every few days. As a matter of course, apply to law firms that provide Bond only clerkship intakes (Ashurst, Clayton Utz, Coors Chambers Westgarth and Minter Ellison). These firms like Bond students to the extent that they arrange a special intake of clerks to coincide with our unorthodox academic calendar. Not only is it more convenient to clerk during our holidays, the pool of competition is limited to fellow Bondies.

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BOND POLITICS

The Mover and Shaker Everyone knows a Mover and Shaker. They are that one person who wants to talk to all the other Movers and Shakers at any event, resulting in a vicious, uncontrollable cycle of moving and shaking. The more ambitious the Mover and Shaker, the more they involve themselves. Movers and Shakers typically have a direction or a plan, and will often do whatever it takes to get there. A person doesn’t just become a Mover and Shaker, they are born one, and most have ambition that belies their years. Typically, they are overachievers, many of whom have recreated themselves at University since leaving high school, and bear no resemblance to the interesting creature (for lack of a better word) that they typified in their more formative years. Thankfully, Movers and Shakers are readily identifiable; indeed, this often limits their progression to the peak of student politics (whatever that may be). There is one universal thing about a Mover and Shaker: they will always deny being one, especially in the presence of others.

The different Kinds of Student Politicians

Before I start to shamelessly stereotype those who take up positions of leadership at this University (myself included), I would like to point out that these people put in hours of hard work in volunteer roles for virtually no reward. Whilst the occasional $50 drink card can be a lifesaver mid semester, it does not truly compensate for the hours of hard work that those people sacrifice in making the student experience of this university what it is. Those covered in this article come from many different backgrounds. Some are committee members of FSAs, or BUSA, while others are involved in grass root clubs, where politics can be rife in the battle for control over direction and funding.

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The Sheep The Sheep has been around for years and has always had a place in student politics. Put simply, the Sheep is that one person who wants to be involved, because everyone else is. It might be that their best friend has asked them to take up a position, or they feel left out without one. A Sheep is typically very capable; they fit well into a team, can be painfully loyal but often hate confrontation. A Sheep is no born leader and an alternative source of competent leadership is vital for their success. However, if given too much responsibility, Sheep are prone to breakdowns that are inevitably traumatic for all involved. Nonetheless, every team needs a couple of Sheep, they work well under instruction, often have the best interests of students at the forefront and don’t shy away from being involved, so long as everyone else is… The Born Politician This is a tough one to define, because it is a changing stereotype with no accurate definition. The popular idea is of the well-spoken intellect, which can inspire by word of mouth alone; however, this is not always the case. Particularly at this University, the Born Politician often has to get down and dirty, something that they don’t hesitate to do. Often, the Born Politician leads by their actions rather than their words, although obviously words help too... While they are difficult to define, they are easier to identify, and often unwillingly reach the uppermost positions of university politics. They are prone to spirited debate, competent at angry emails and exceptional at taking moral high ground. They are, in every aspect, the Born Politician.


That Person Who Loves It The person who loves it, is the often the most enthusiastic person you have ever met. They simply love meeting new people, and honestly love their job. They may not be the best or most competent, but what they lack in skill set they make up for in enthusiasm. They are always very likeable, good with names and painfully disorganized. Frequently late, they lose things regularly, but always seem to evade criticism. They appear innocent, but a drink card or bar tab can change that. Nevertheless, the Person Who Loves It is a worthy addition to any team, they provide plenty of laughs and can be incredibly helpful, when they are on time. The Resume Kid Related to the Mover and Shaker, the Resume Kid is readily identifiable by the long list of titles and positions that they attach at the end of emails. They are often ambitious, and are always nominating themselves to be Student Representative. The Resume Kid, similar to the Person Who Loves It, always wants to be involved, but in the case of the Resume Kid, often for the wrong reasons. They love nothing more than a title, often speak a number of languages and are well rehearsed in their family history. They can be beneficial to a team if given sufficient direction, but can lack credibility. They are exceptional networkers, avid users of social media and have every step of their life planned in intricate detail. Be cautious when you deal with the Resume Kid.

They love nothing more than a title, often speak a number of languages and are well rehearsed in their family history.

There are dozens of other types of student politicians at this university, I’m sure you could name each type , but this is just a notable few. In the end I believe that student politics is a rewarding experience and something that I would recommend to those who are thinking of getting involved.

Jake Rischbieth

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How did I get here? Alex Myers graduated from a dual undergraduate Bachelor of Arts/Bachelor of Laws program in October 2012. He is a currently undertaking his Graduate Diploma of Legal Practice and working part time at Irish Bentley Lawyers in Brisbane. Foreword Graduating and moving on with our lives is something we all do at some stage. I was touched when the LSA asked me to write an article about my career experience. In doing so, I have tried to include some advice for those who are interested in careers as practising lawyers. I began my studies at Bond all the way back in 081. Yes, as in January 2008. However, despite taking a long time to complete my studies, I wouldn’t sacrifice any of the extra curricular activities I did that lengthened my degree. Law school is something you only get to do once, so make the most of it. Setting Yourself Up - Clerkships I was offered a Clerkship at a firm in Sydney, but chose instead to participate in an international mooting competition. In hindsight, this was a mistake. I would likely have secured a graduate position had I done a Clerkship at this firm. My advice is this: do a Clerkship, and more than one if possible. Clerkships are what will give you the best chance of having a job when you graduate. Most larger law firms recruit all or at least the vast majority of their graduates from their Clerkship programs. A Clerkship is essentially an internship at a law firm. Almost all students who clerk at law firms in Sydney are offered graduate jobs, whereas in Brisbane (and Melbourne for that matter) this is not usually the case. A Frenzy - Open Market Graduate Recruitment Not having done a Clerkship to secure a graduate position, I was left with applying through the open market program. There are two big hurdles to going through the open market process. 1) Many firms do not participate, having already filled their quota of grads for that year (and often beyond) from Clerkships. 2) The process is extremely competitive, and there are a vast number of applicants for a tiny number of positions. I heard from someone who went interviews with a mid-tier firm in Brisbane that that firm had over 500 applicants for 4 positions. Ensuring that you stand out in a crowd that big is very, very difficult.

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Unfortunately, although I had a couple of first round interviews, I wasn’t successful in attaining a graduate position through open market. That left me with what I had been dreading: having to spend 6 months doing PLT without getting paid. The Last Resort – PLT as a Stepping Stone If you are keen on becoming a practising lawyer, but are unable to secure a graduate position, PLT is pretty much your only option. As I mentioned above, I was dreading it, and it’s certainly not where I pictured myself after graduating. This is because finding paid employment at a law firm other than a graduate position without having completed PLT is very difficult. That said, as I was lucky enough to find, a paid job prePLT, which isn’t impossible. In saying that however, I partly got the position I did at Irish Bentley because I had a friend from Bond who had been working there for the past couple of years. Regardless, even if you can’t secure something paid at a law firm and need income, there is nothing wrong with doing another part time job whilst you complete PLT. Now that I’ve actually started PLT and began working, I am pleased to say that I love both. Irish Bentley is a boutique firm specialising in commercial litigation, debt recovery and insolvency. However, I’ve worked on pretty much everything during my approximately 3 months there, including construction disputes, leases, criminal and family law. A lot of people I went to Bond with seemed focused on big firms, and I was too. I sometimes get disappointed that I didn’t end up working at a big law firm, but I’m learning a lot and getting exposed to lots of different types of work. I’ve been tasked with running some of my own matters with fairly minimal supervision, have been able to network with barristers I’ve briefed and even appeared in court on an application in December last year! There are advantages involved in working for smaller firms, no matter what anyone says. Also, I’ve talked to a fair few people at big firms who started at boutiques then made the jump – another thing most people you meet during law school will probably tell you is impossible. Just work hard and have a plan to get where you want to go. If you there is anything you take away from reading my article, make it these points: • • • •

Start planning for your career sooner rather than later; If you want the best shot at a graduate job at a bigger law firm, do a clerkship; Not getting a graduate position at a big firm isn’t the end of the world; and Use/keep in touch with any contacts who may create opportunities for career advancement.

Alex Myers


Plea “Bargaining” Plea-bargaining is the act of an accused pleading guilty in a criminal legal matter in exchange for a reduction in the number or type of overall charges laid against the accused or reducing the severity of the sentence ordered. The rationale behind plea-bargaining focuses on preventing the criminal justice system from collapsing under the weight of too many defendants seeking a full trial. Plea Bargaining has become entrenched in our criminal justice system as it reduces the judicial caseload and the amount of time for a matter to come up on the court docket. In practice, this is a great way of reducing a vast number of matters that would quickly backlog the courts. Plea-bargaining is most prevalent where an accused has been denied bail and must endure extensive pre-trial custody or the realization and fear that a custodial sentence may loom upon the conclusion of their matter. In some cases, plea-bargaining is a tactic used by the Crown to obtain a conviction where there is a lack of crucial evidence to convict on the charge(s) laid. Nevertheless, a “deal” for a guilty plea to a lesser offence/ reduced sentence sounds like a bargain to any defendant fearful of the potential penalty that is attached to their actions. Plea-bargaining seems more like a coercive tactic than an avenue for the prevalence of justice.

of an individual. Innocent individuals suffering any penalty for crimes they do not commit are harsh despite any notion to the contrary. For example, rather than dispute evidence from disgraced pathologist Dr. Charles Smith, many innocent parents served weeks to months in jail in pleading guilty for a reduced sentence in the The premise operating behind this claim is that deaths of their infants. pleading guilty may attract a softer penalty On the other side of the spectrum, pleaand is thus inducing an accused to bargain. bargaining may lead to the exoneration of This may be accurate to an extent however in the criminally culpable. For example, Anthony some instances the criminal culpability claimed Hanemaayer was convicted in 1989 of breaking by the Crown against the accused is erroneous and entering a Scarborough home and either by lack of evidence or overzealous attempting to sexually assault a 15 year old girl. practice. By avoiding these harsh penalties, a Mr. Hanemaayer pleaded guilty and bargained defendant will opt to plead guilty to a lesser a reduced sentence of two years less a day for offence or serve reduced penalties such as his heinous act. Justice Marc Rosenberg of the non-custodial sentences when in fact they are Ontario Court of Appeal asked “What principled innocent. Enduring the criminal justice system basis was there for this huge discount that made is not something many desire even if they are it acceptable for Mr. Hanemaayer to plead guilty enduring it by no fault of their own. and get two years for an offence everyone else thought would result in a six-year sentence?” The laying of charges by police should never equate to bona fide culpability. The most basic The core purpose behind pleading guilty is for protective right of an individual in a criminal the accused to show remorse for their actions matter is that everyone is presumed innocent and in return shown leniency by the court. until proven guilty. Plea-bargaining undermines Pleading guilty for the purpose of obtaining a the very core of that protective right in that reduced sentence is not an act of remorse, but is it circumvents the dominant purpose of the criticised as an attempt to escape the severity of courts; determining the guilt and innocence the penalty for ones’ actions. Nevertheless, the

“I’m not sure how we came to a place where a coercive way is a legitimate way of doing practice. The inducement to plead guilty is too extreme. The inducement is leading to coercion.” Mr. Justice Marc Rosenberg of the Ontario Court of Appeal. inevitable conclusion is either innocent people are coerced into pleading guilty to crimes they did not commit to avoid pre-trial custody or the potential for custodial sentences if convicted or that those who commit heinous acts are given clemency or exoneration in light of pleading guilty. This issue exists in light of expediting the docket and saving money. Plea-bargaining thusly undermines the basic function of the courts and in some instances; the results are anything but “just”.

Antonio Meringolo

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Internationalising the Law School Curriculum: A Student Prospective

On November 23, 2012 I had the opportunity to attend a two day symposium hosted by our Law Faculty. During the symposium Judges, Academics and other Legal Professionals discussed legal education and the challenges involved in trying to incorporate an international law aspect to law school curriculums. This article is written in spirit of this symposium and will explore how to introduce international law into law school curriculums.

students who do not choose international law subjects, leaving large groups of students without any exposure to international law. A second way to incorporate international law into the curriculum is to add a module within the main subject. However, due to the denseness of law school subjects, it is unrealistic to believe that a new module can be added to existing subjects without removing other course material. During the symposium, the feedback from industry and One of the key ideas that emerged consistently admission bodies was a desire for schools to during the symposium, especially from remain focused on core skills and knowledge practitioners and professional admission sets. There is also recognition that both bodies, was a desire for graduates who students and professors may find the sudden have a solid grasp of the fundamentals. blanket incorporation of international law The industry is looking for graduates who into subjects disjointed. The integration of an can read and interpret legislation, conduct international law module may not lead to a net legal research, think critically and problem benefit, because there is no empirical evidence solve independently. Admission bodies that the blanket addition of international law are looking at graduates having a strong to subjects is helpful in becoming successful in foundation in the Priestly Eleven, (a group international legal services. of eleven core law subjects identified by the Priestly Commission in 1992). But what is the A possible compromise is to provide students best way to incorporate internationalisation access to international law workshops for a without jeopardizing the importance of the nominal fee. These one to two day workshops fundamentals? would ideally be created in collaboration with the Office of Career Development and Traditionally, international law is added into would be run by professionals with experience the curriculum as a separate subject. Students within the specific international legal field. with an interest in international law are free Workshops would be attached to course preto take these electives. However, this method requisites to ensure that students haves some does not allow students to have an integrated basic knowledge. The benefits of this method view of how international law interacts and are as follows: corresponds with domestic law. For example international contract law taught as a separate 1) Students would be introduced subject, risks becoming an addendum to to the substantive and procedural aspects the main subject and not a cohesive and of international law by someone who has integrated part of a broader picture. As the hands on experience and it will provide the relationship between international and opportunity to connect with a professional domestic law becomes more symbiotic, the who can provide guidance on future career fear is that this curriculum model artificially paths in the field. separates international and domestic law. Another weakness with this approach is that 2) The format would allow students international law will not be introduced to to get exposure to international law without

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committing to the course load of a full subject. The workshop format is also more flexible, encouraging more students to partake in international law subjects as a way to tryout the subject area. 3) During the workshop, students would have the opportunity to solve a specific legal problem or scenarios in during the workshop and be given the tools to foster independent learning. 4) A workshop environment would introduce students to the type of learning environment that will be the norm of their continuing legal education after law school. After graduation students will no longer have the luxury of spending a semester immersed within a particular subject area. Most formal continuing legal education after law school will be within workshop or conference formats, where the ability to quickly interact with and respond to new material will be necessary. By introducing the workshop format of learning, students will have the added benefit of preparing for their continuing legal education after graduation. Overall, internationalising the law school curriculum is a very difficult task to undertake, especially since there is little empirical evidence on what type of method is effective. But as a student I prefer to be given a choice on what I learn while being given the flexibility to adjust my preferences as I receive more information. I believe the workshop format accomplishes these goals.

Zahra Hosseini


You just hold your head high and keep those fists down. No matter what anybody says to you, don't let 'em get to you. Try fightin' with your head for a change. Atticus Finch -Harper Lee, To Kill a Mockingbird

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Law School in

‘Murrica

Red cups, Basketball, Snap Backs, over-sized Polo shirts and beer pong – these were just some of things I was looking forward to during my time at Duke University in North Carolina. Unfortunately, textbooks, study and the law library featured far more than I’d hoped. Although my US experience was less frat-tastic than I’d imagined, living in and travelling around States was unforgettable.

At Bond we’re used to a very structured program – lectures, tutorials, skills assignments and final exams. In the US, this rigid format is thrown out the window. Each subject is completely determined by the Professor. For example, if your Professor doesn’t like assignments (read: marking assignments), you won’t have any. In fact, if your Professor really doesn’t like marking you might have a completely multiple choice law exam. That exam would still go for three hours, giving you just over four minutes for each of the 40 questions. Thank god I dropped that subject. Apart from the different assessment methods, there were a number of other major differences. First, there are no tutorials. Each class is taught in a lecture format, but it is possible that any student might be “called on” to answer questions. Unfortunately, these questions are about the lecture material. Of course, this is the lecture material that you’ve never been taught before. Some questions that I was asked to answer ranged from my opinion of the various ethical viewpoints of man’s interaction with the environment to my thoughts on whether the ICJ had decided correctly, and why. Professors asking students to answer questions during lectures is not new at Bond, but, unlike in the Cerum Theatre, you cannot hide. This method of teaching is known as the “Socratic Method” and every Professor claims to be a proponent of a “soft Socratic” method. Unfortunately, though, that’s just code for the fact you won’t be marked for your comments in class, just judged. Being judged by your Professor is something that also happens at Bond, but being harshly judged by your fellow students was new to me. This leads to the second major difference, Law is an entirely graduate degree. It is also, more appropriately, referred to as a “Professional School”. Law Students in the US have finished College, they have had their parties and they are

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now ready to study. In fact, going to Law School is seen by many as a huge sacrifice. It is an extra three years of study, and over $150,000 (not to mention living expenses). There is no HECS or Fee Help equivalent, so Law students often have extremely large student loans. In fact, I met more than one person who was forced to start work straight after finishing Law school in order to start paying off their college debts. The high cost of Law School makes for a much more professional environment. Studying law (and, as Marshall would say, making a responsible choice for your future) is treated like a full time job. The Law Library is full every day, not just in the lead up to exams. Class discussion spills over to afterwards and sometimes even to social events. Having said all that though, the US system makes for far better Law students and graduates. Although this is somewhat necessary as there is no equivalent of PLT, just an exam to be admitted to the legal profession. It’s also not like US Law students have no fun, there were quite a few social events and the weekly Thirsty Thursday. For a legal nerd such as myself, the US Law School experience was a very interesting one – even though I’d initially hoped to do as little work as possible. In class discussion is far more in depth and the Socractic Method forces you to work throughout the semester, rather than just cramming. Also, being at University such as Duke (perennially ranked as the 11th best Law School in the country) provided me with the opportunity to learn from and meet some extremely notable academics. For example, arguing the legality of an air strike on a neighbouring country with a former Major General of the US Air Force was a highlight. Overall, and although it is great to be back, no matter where you go or what you study, an exchange will be an unforgettable experience. It will broaden your horizons. It will change the way you view the world. Most of all, you will grow up even more and the 17 year olds in their first semester will seem so much younger than they ever did. Go on exchange. If it means you have to change your study plan, or maybe even stick around for one more semester, bite the bullet. You won’t regret it, I can guarantee it.

Rupert Pedler


groups to the extent that no harm Why we need the vulnerable will come of them. My sarcasm can only be matched by the irrationality of the premise. many of these criticisms and speculated Human Rights and While effects of the exception are rightly warranted, is easy to become wrapped up in the Anti-Discrimination itoutrage of it all without regard to the bigger picture. For the first time in Australia’s legislative Bill history, LGBTI, the married, the unmarried,

Chantal McNaught Most of us have probably heard, in some shape or form, about the proposed Human Rights and Anti-Discrimination Bill which entered parliament in its last week of sitting. Most likely, you would have heard the plethora of criticism from the mainstream media of the loopholes and exceptions given to religious organisations. What most news articles don’t tell you is how the proposed Bill is a great step forward towards equality for Australia. Before I get into the overwhelming positives, I will rehash some of the criticisms from the media the Bill has faced over the last few weeks. The most signifcant (and headlineworthy) of these criticisms is the ‘broad and sweeping’ exceptions given to religious organisations to discriminate ‘protected groups’.

the impoverished, all religions, males, females, all races, and the politically affiliated are protected under the one legislative instrument. For the first time in Australian history, we will have one Act to rule them all; to provide us all with the equality we have been so deserving of.

It is hard to miss the fact that the human rights and anti-discrimination protections are written FIRST within the new Bill, with the (rather long and tedious) exemptions towards the end. And yet tensions run high over the existence of such broad-sweeping exceptions. I will now take this opportunity to speculate my own hypothesis. Tensions have been high on everything from the marriage equality debate, and matters dealing with the fact we

have a child-less, unmarried, atheist Prime Minister, and a child-abundant, married, ‘too Catholic’ Opposition. The debate for a solution to a balance Australia’s ‘Christiandom history’ and its necessity for updated equality laws has been a difficult and dramatic one. At least in our Parliament (the issue of the constituents remains a discussion for another day). In the grand scheme of things, the Bill is a well overdue work-in-progress. The reason why I have such high hopes for equality law in Australia is simple, we have a working process. On 21 December, the Australian Federal Parliament received over 256 submissions in response to the exposure draft of this Human Rights and Anti-Discrimination Bill everyone is now complaining about. Groups from all walks of industry; from human rights, to the religious, to the interest, to the political. The demonstration of democracy in relation to this single proposed statute is both astounding and indicative of the necessity to work on this project. No matter the faults, the loopholes and the playing politics. The Bill is a promising one

Some of my favourite headlines dealing with this criticism (and provided for you here to Google) include: • Gillard’s Bizarre ‘Act’ of Faith Leaves Vulnerable Unprotected • Jekyll and Hyde: the poor man’s AntiDiscrimination Bill • Australia to Retain Gay Discrimination Law; Memes Abound (my personal favourite) Then we have former NSW Chief Justice Spiegelman’s (rather well circulated) comment on the effects on free speech: The Bill would impose unprecedented restrictions on freedom of speech, making it unlawful to offend people, leaving Australia isolated from international norms. Without much familiarity of the relationship of international norms relating to human rights and equality, most would agree with Spiedgelman’s comment. It is, however, erroneous. Equality works in harmony with all other human rights. A little known fact of free speech is that it is not unfettered, and the right, itself, has a long list of exceptions. Namely, hate speech and, of course, discrimination. Yet we won’t allow truth to get in the way of a good argument. In Australia, of course we should have the right to offend those from

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LIFE

As a Bond Law Student: A Bondy’s guide to the ins and outs of the Bond life

To new students, university is a place to start fresh again – to make new friends, enjoy social life, and actually consider studying. As students studying law, it is natural to have a semi-narcissistic “I’m studying law at Bond, and I’m going to be the very best, like no one ever was” mentality. But keep in mind; most people at Bond are as smart and ambitious as you. So, to get an edge on everybody else academically and socially, this article has prepared some tips and tricks, and what to expect throughout your law degree. Law is tough, don’t cry over it Quote to remember “Passing is easy, excelling is damn hard” Especially in law, an academically challenging area, getting a really good mark is hard. If you are thinking something along the lines of: “Oh yeah, I semi-bludged at high school and got straight A’s. I’m naturally smart and will ace everything.” You are in for a heartbreaking treat. If you do not study, you will die. If you do not do tute (tutorial) prep, you will die. If you do not have a template (Bond’s way of saying exam notes or outlines) by the end of the semester, you will die. Be warned. Study. You’ve paid an arm and a leg to be here. And remember; don’t cry about not getting an HD. On average, only 10% (if less) get HD’s in law subjects. Work you’re A$#€ off and you’ll get one. If not, then C’s all round.

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Readings: Week 1 “I’m so doing this”, Week 2 “Pssh, readings...” Ah, enthusiasm. It’s like metal – it gets really, really hot but cools down instantly. Week 1, everybody has bought their textbooks and read the subject outline ready to learn. Week 2, “Omg this is on, omg that is on, omg I have to chill with new friends. Readings? I’ll stream the lecture so I’ll be fine.” I can ace my subject without reading right? Right? Wrong. It takes a special someone to keep up with readings. They are most likely the HD students. Do your prescribed readings the week it is set. Don’t stack it up and do 3 weeks’ worth of reading in one night. Most likely, Facebook will devour your motivation, and even if you somehow manage to open a brick-thick text book and start reading 100+ pages, you still won’t process all that information and it will be a boring waste of time.

Textbooks – the financial crucifix you can actually avoid If you bought your textbooks brand new at the bookshop for a delightful total that quite possibly exceeds a six figure sum, then you have made a rookie error. Unless you are rich, you will go broke if you bought new textbooks from the bookshop. Don’t sweat. We have all made that mistake. The experienced Bondies go on our good ol’ trusty Facebook.The Bond Textbook Exchange, is a Facebook page that you must join if you intend to survive without selling an organ (someone who already is a member just has to let you join. No biggie). Students use the Textbook exchange to sell their old textbooks at discounted prices. If you’re lucky you can grab a core subject text book for as low as $20. Especially in law, where the degree structure is almost identical for all students, finding a cheap second hand text book is not that hard. You can even negotiate prices and find other sellers/buyers.

If you want to do well, read every week. If you want to be average, just skim and copy someone’s notes. If you’re seriously disturbed by the fact that you have to read a lot, DON’T BE, it’s Law School and a Lesson here is: Bond Textbook Exchange. Live it. Love it. whole new ball game.

Tutorials – what to expect Tutorials are like the classrooms of high school. Only, at Bond, the class sizes are really small. It’s kind of what we paid good money for. For the first couple of weeks, you meet random people and it is awkward (especially the waiting time before tutorials start). At this point, you either: 1. Are too shy to contribute and sit in the corner looking important 2. Have not prepared at all and are ready to wing it 3. Have done the readings, and are confident 4. Have done a bit of work and are going to voice your opinion whenever there is a chance 5. Are completely out of the game because there’s some hottie sitting over there and you have to look as attractive as you possibly can. Advice for each category: 1. You are smart, and your answers are fine. People who talk a lot in tutorials probably have no clue what they’re talking about anyway, or they’re just stringing together pretentious vocabulary in attempt to brandish their knowledge and to bask in their perceived superiority. (In other words, to show off.) 2. Fail for you Glen Coco, you go Glen Coco.


3. Good work. Now, let the not so talkative classmates take the easy questions (case name, doctrine explanation, knowledge recall type questions). Participate slightly in these lower order questions, but when it comes to analyses and comparing cases with doctrines, start talking. Lecturers look at quality, not quantity. In all honesty, the loud mouth never-shut-up-and-takeall-the-answers student is most likely getting a C or a D. HD’s for the student who can go further with the A of IRAC. 4. Careful, matey. You don’t want to be known as the answer hog. It is good initiative to contribute to the discussion, but nobody wants to hear your voice and opinions for an hour straight. Others want to answer the giveaway questions as well. Besides, even if you hog the easy answers, you’ll only get so far as a C or D. However, if the loud mouth can do thorough concept analyses like Mr.3, then you may be acknowledged as the know-it-all hog, and not just a dumb hog. Either way, let’s try not to hog.

When, not if, you are faced with this dilemma, always keep in mind that: 1.You are at university to get a degree with good marks. That is your No.1 priority. Parties: the love-hate relationship with study The ultimate dilemma: “The biggest party is on tonight, but I have an assignment due tomorrow. I haven’t been partying for ages, and the assignment is only 15%. I’ve done most of it anyway, but I’m not so confident about it. But everybody is going to the party. But assignment… But party... ARGH” Above is the mental process of generally most healthy, social university students. Before anything is said you must know how awesome Bond parties are. Organised by BUSA, FSAs, or a large club, Bond parties usually have free transport to and from the party venue. The music is good, the people are good, the atmosphere is electric – it’s always a night to remember.

However, ladies and gentlemen, a good night always comes at a 5. Yep, often there is that one hot hefty price - the hangover. The sickness, the headaches, the guy/girl in your class who makes vague memories, and of course you want to avoid speaking up the embarrassment and regret much because you don’t want to make a fool of yourself. It happens of the un-called for behaviour with that ‘delightful’ person, are sometimes. But let’s give your the debts which must be paid for brain dibs on the blood supply, after the ‘night to remember’. and not your nether regions.

But let’s give your brain dibs on the blood supply, and not your nether regions. 2. You are brave to think that you can whip up a top-notch assignment with a hangover. 3. An assignment mark stays forever. A party gets forgotten in about a week. 4. You probably are at the stage where affording to go to the party is strenuous. Give your wallet/ purse a break. 5. There will always, always be another bigger party. Next time, hopefully you won’t have anything due so you can go crazy. There we have it; The Bondy’s guide to the ins and outs of the Bond life. If you have managed to read up to here, congratulations. You now have some insight in what to expect as a Bond Law student. It really is up to you to decide how you want to enjoy the university student lifestyle. You may take these tips for the rest of your student life, or you may forget everything you have read after you have put this publication down. The most important thing is to enjoy life as a Bondy. Time flies, and of course, you only live once.

Chris White

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Case Break

At the start of the semester, we find ourselves in a slew of new classes of which we know virtually nothing, save a bunch of highlights on a screen from our friend’s template. Here is a brief guide of what you are in for this semester. Along with a succinct summary of what your course is about, two KEY cases are included that you will, inevitably, need to read and talk about. The case beside the “P=” is a case necessary to know in order to pass the course and “HD=” is a case that can help you obtain that elusive High Distinction.

Torts: Learn the different ways you can piss your neighbour off and get away with it! Brag to your friends about finally learning about negligence. But, with all those soulsearching questions of whether an action was indirect or direct, you’ll need to keep your head screwed on tight. Think,if a log falls on the highway and hits a car, does it make a sound? P= Adeeles Palace. Provides a great skeleton to understanding the different elements to the tort of negligence. HD = Myers Store and Soo. Repeat this case name in front of a mirror with a Scottish accent three times and you are well on your way to academic success.

to easement access rights, re-enforcing the power of the register along the way. Note, be careful if reading case with alcohol in your system. It’s easy to get carried away.

Crim B: In Crim A you learn about what they did and in Crim B you learn how to properly put them away. The course also explores the individual’s your boss asks you to organize rights when dealing with police, prostitutes for him, just say no. something extremely relevant for Property: Learn the Register, obey any trip to Surfers Paradise. the Register, love the Register, P = Foster and Ridgeway. Cases be the Register. But, you can’t go will be overturned if the accused ALS: Introduction to law in behind the Register. was treated unfairly or the public Australia. This course includes P = Grgic v ANZ. An son poses as refuses to condone shocking a first attempt at statutory interpretation. Define “definition”? Remedies: Remedies teaches you his father in a bank to fraudulently police behaviour. Learn it, to exact retribution on anyone who sign a mortgage and snatch a pay memorize it, get the tattoo then P= Donoghue v Stevenson. What ever screwed you over in your life. day. Shakespeare couldn’t have Instagram it. is the significance of a woman Don’t be fooled: there are a “suite” drawn it up any better. HD= Nudd. “All the world is slurping down a bug-infested of remedies, not “sweet” remedies. HD=Nicolar v Bahr . The High Court a stage…and we are merely beverage? Only Lord Atkin It took me a failed mark on an destroys the shield of the Register players”. But, according to knows, but now you can too! if it is used fraudulently. Rumours Gleeson J not all lawyers are Mathematically, one could survive assignment to learn that one. P= Amann Aviation. Learn about are this case is being made into a created equally. Ironically the course without knowing any the repercussions of not having film. enough, the leading counsel other case. who failed his client and the HD= Was there more than one case faith in others to fulfil their obligations in a contract. Land Law: This course explores legal system studied at Bond. in ALS? HD=Not sure, but feel free to all those questions you were Hurray! consult Connor Wade dying to have answered when you Contracts: Do you have to honour started law school: when will an Constitutional Law: Consider that agreement you made with Crim A: Finally, all of those hours agreement amount to a license or failing the subject, only so you your brother at age 7 to trade him can take it twice! How much fun all your future earnings for a thirty spent on the couch watching Law a lease? Under what conditions and Order pay off! This course runs will the Retail Shop Leases Act be do you think it is to take a course minute session alone with the the gamut with all the awful things triggered? that you can’t understand until Nintendo 64? This course should people can do to each other; P= Mabo No. 2. No, this is different Week 10? Well, you’re about to provide the answer. find out… P= Carlill v Smoke Ball Company. A Murder, Rape, GBH…Fraud. Fraud than the 90’s Lou Bega pop song sensation. Learn about Eddie P= NSW v Cth or alternatively woman ACTUALLY responds to one actually doesn’t seem so bad set Mabo’s defiant journey to change Tasmania v Cth. Not sure what of those corny newspaper ads, and against that backdrop. P= Falconer. Exploration through the legal landscape of a continent these cases are about? Me we get to reap be the benefits. and his people. Keep your tissues neither. But, over half of Consti HD= Pau On. Understand this case, BWS covers several of the elements of key offences and close as you read Brennan J’s cases fall under these names. and you’ve topped the subject! poses interesting philosophical judgment. Who thought the underworld of questions. HD= Westfield Management. The Hong Kong real-estate back door HD= Tak Tak. The next time High Court reviews the extent deals could be so steamy?

Cory Sterling

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CLSA

Semester 131 is well under way and the CLSA committee is already hard at work. This semester the CLSA has new leadership and the committee is made up as follows: President: Basil Bansal Vice President: Alexander Morris Admin Director: Conor Wade Publications Director: Vanessa Romanino Finance Director: Cale Sutherland Social Director: Matthew Rendely Competitions Director: Jordan Sharpe Our Welcome Back Breaky on Tuesday Week 2 proved to be a great start to week 2. We hope you had the chance to enjoy a Canadian style breakfast with Tim Horton’s Coffee, bacon, and pancakes with maple syrup. This semester the Graduate Development Office (GDO) is the new point of contact for Canadian Students looking for work back home or planning to stay in Australia. Like every semester in the past the CLSA will host Going Home and Staying in Australia information seminars in conjunction with the GDO so stay tuned on Facebook and check your student emails for more information. Of course a semester is not complete until you’ve enjoyed a CLSA social event. This semester we will be hosting St. Patrick’s Day on Saturday 16 March open to all students. Last year we had over 500 students attend, and this year we expect to see similar numbers of students attend, if not more. The CLSA’s office is located at 4_2_13 (second door on right when you enter the Law Faculty). Like our Facebook Page by searching “Bond CLSA” or just stop by the office to say hi and have a chat.

ALSS

Background The Asian Law Students’ Society (ALSS) is an avenue for Asian law students at Bond University to express their interests and views to the Faculty of Law. The maxim of our society is to facilitate social, intellectual and competitive exchange between the ALSS, Law Student Association (LSA) and Canadian Law Student Association (CLSA). We address matters related to Asian Law students such as academic performance and career opportunities. Committee members Semester 131 brings fresh faces to the ALSS family. The list of Committee members this semester is as follows: President: Annece Kim Vice President: Yolanda Zhu Secretary: Duong Drang Treasurer: Carissa Kelly Promotions Director: Razin Nizar Social Director: Raul James Academic Affairs Director: Qin Liu Semester 131 Just like the ALSS’ tradition, we will organize academic seminars to help Asian law students and also non-English speaking background students improve their academic performances. This semester we are organising an academic seminar on how to do well in law exams. We are also working closely with the Graduate Development Office (GDO) to organize a seminar regarding future employment. Apart from organizing events focusing on an academic level, we also organize social functions to remove the barriers between Asian law students and other students. We are going to kick off this semester with “Meet and Greet with the ALSS Committee BBQ”. Since Chinese New Year falls in this semester, we are organising Spring Festival, one of the biggest cultural events which will be held on February and we expect variety of Asian cultural showcases. If you would like more information about the ALSS please contact us via Facebook.

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PROTRACKSTINATION 123


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QA &

LOUISE PARSONS

4) What are the key highlights of your career as a lawyer/ academic? 1) What did you study? Where did you study?

The best part of my job as an inhouse counsel was the challenge and the variety. In 11 years at the I first did a Bachelors of Arts degree South African Reserve Bank not a at the University of Pretoria in week went by without something South Africa. I then did three new. On any given day I could postgrad honours degrees in a row be involved in agreements for - French, English and Philosophy. restructuring of failed banks, I switched to law after having preparation for arbitrations on worked as an editor and translator employment disputes, vetting of (a job I did not particularly like!), complex commercial contracts and studied law mostly part-time and negotiating with transport through the University of South authorities for the closure of Africa. I completed the BProc, LLB unguarded railway crossings near and LLM degrees while working some high-security facilities. I also full-time. I loved my arts degrees enjoyed being part of a team, the but looking back I realise that a satisfaction of solving problems mere love for a subject does not and the thrill of the deal. correlate to job-satisfaction. There are different considerations when As an academic, the light in a choosing a career - and I did not student’s eyes when he/she realise this soon enough. The type ‘gets it’ is the best feeling. Also, of work I did with a law degree was I feel privileged to be part of a a lot more satisfying, stimulating student’s journey. I have also and challenging than the jobs I was had a wonderful time through offered with the arts degrees. my involvement in the mooting programme, and I have been 2) What was your first job as invariably very proud of all the a graduate? What did you learn achievements of the teams I from that job? have coached. Further, the I taught Philosophy at the LSA teaching awards have been University of Pretoria. I loved it, wonderful highlights! Thanks but left academia to obtain some again! ‘real world experience’ - something that I would recommend! I was too 5) Do you have any advice for young to become entrenched in students who are new to Bond academia at that stage. Law? Make the most of Bond’s size and 3) When/how did you culture. Get involved in all that transition to academia? Bond has to offer. Get to know I returned to academia after many the lecturers and tutors - personal years as an in-house lawyer for attention and assistance really big corporates in South Africa, make a difference! Further, work including the South African consistently every week. Make Reserve Bank. The transition sure that you have consolidated coincided with my family’s move the work (lecture, tutorial, to Australia in 2006. Both moves readings) on a weekly basis into - country and career - have been your own notes or summary - I great for me. cannot emphasise that enough.

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6) How do you manage work/ life balance? With some difficulty! I don’t think I am very good at it! 7) What is the biggest piece of advice you have for students interested in becoming involved with the Bond mooting program? I would recommend that students use the internal Bond competitions (Brian Orr in the January semester, and Miscarriages of Justice in the September semester). They provide great opportunities to try mooting, and to practise your skills. And a second piece of advice - if you are interested in mooting, put in your application when team positions are advertised, even if you have not mooted before. 8) What do you think can be improved about the Bond Law student experience? Interaction with staff on a social level would make it easier for students to talk to staff about their experiences as lawyers. 9) Do think exams are the best form of assessment to prepare students for legal practice? That’s a hard question. I don’t think exams are aimed at preparing students for legal practice - they are there to assess students’ ability to demonstrate knowledge and insight within the parameters of the exam and ultimately to determine whether an academic standard has been attained. 10) What are your thoughts on gay marriage? It should be legal!


Nelson Mandela

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Education is the most powerful weapon which you can use to change the world.

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Bench Press (Issue 5)