The Obiter Issue 2 2020

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the OBIT ER LAW SCHOOL UNDER LOCKDOWN

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CONTENTS Letter from The President 3 College of Law Writing Competition 4 Peer2Peer Mentoring 6 Getting LinkedIn To Your Dream Career 7 Meet the Dean Zoom Session 9 Secretary Report 11 Leo Cussen PLT Information 13 Dear Victim of Hustle Culture 15 Activities Report 16 A Law Student in Quarantine: How to Best Use Available Resources 17 Education Report 18 Black Lives Matter: An Avenue to Explore the Elusive Privilege of Whiteness in The Australian Legal System 19 Study Tips in Quarantine 22 Winter Block Units 23 A Clear Desk & A Clear Mind 26 Equity Report 27 Alumni Social Event 28 Leo Cussen Virtual Human Rights Law Internship Clerkships & Traineeships 31 Zoom Exam Prep 33 Legal Terms 34 Contacts 35 Sponsors 36

letter from THE PRESIDENT

Dear students, Members and staff, I hope you’ve all been well and keeping safe under lockdown. The last few months have undoubtedly been challenging months, in which we’ve all had to adapt whether it be work, studies or both.

Victoria University has done an amazing job in quickly readjusting to change between Block 1 and 2 to ensure learning and teaching continue without much delay or interruption. The new online classes, may be difficult, stressful, frustrating or lonesome at times, but note VU as well as many student societies and clubs are keeping active with virtual programs, services, events and seminars to keep you not only connected but also assisted and supported to do the best with your studies.

Despite the highlight of these, if you find your mental health in need of aid or simply find yourself in need of support or someone to talk VU provides amazing counselling services. VU offers free, confidential individual counselling lead by professionally trained counsellors. You can talk to them about any issue that may be affecting your experience at VU or just anything else related to your studies or not. Counselling services are usually open from 9 am to 5 pm, Monday to Friday, however, note this may vary from campus to campus counsellors. You can make an appointment by contacting them by calling +61 3 9919 5400 to book an appointment or to request further information.

In light of the recent actions following the death of George Floyd, Dictum Society as diverse multifaith, race and ethnic group would like to clearly state we do not condone the act of any discrimination and blunt disregard of human rights. We highly encourage our members who identify as African, African American or a person of colour to keep note of VU’s counselling services and leverage them if need be.

We’ve enjoyed the start of the semester with the committee having seen an array of events and initiatives, and so we’re naturally excited to host a range of activities coming up in the month of June right onto Winter break. These events now begin to tackle the topics of Careers and Career planning as PLT season approaches soon for most of our fourth-year students, and it’s a great opportunity for first year students to tap into those events and start their pathway planning as well.

I wish everyone good health and all the best with your studies this block.

COLLEGE OF LAW WRITING COMPETITION Discussion Topic 2 The media should not be permitted to report on criminal cases until after the trial, as media coverage of a trial, particualry televised courtroom media can influence not only the behaviour of witnesses and jurors but also the general perception of the public.

Terms & Conditions Submissions due 1 July 2020, 11:59PM Submissions are to be in English and unpublished in 12 pt Arial Font Provide your name, student number, mobile, course, year of study and main campus Word count - minimum 500 Reference not mandatory - free style welcomed Document submission to be either PDF or Word format Submissions to be emailed to Publications Director at publications@dictumsocietyvu.com Prize - $100 All the best !

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Committee REPORTS

secretary Hello! The team at Dictum hopes you all have been keeping well and staying safe.

The past few months have been unpredictable and difficult for so many of us.

The committee at Dictum had been planning the Junior Moot before coronavirus hit and everything had to be closed, as a result unfortunately we were unable to hold that moot. Shifting to remote learning and trying to adjust to new changes has been challenging but I believe that Dictum has adapted if not sooner, then eventually.

The committee is proudly introducing some events in the upcoming months where we have tried to create new events and maintain the old ones while shifting them online so we can all participate from our homes. Events and challenges such as the meme challenge, peer mentoring sessions, alumni social event, careers network mixer, etc are being held online now and we hope to see all students engage in these amazing opportunities to learn and network with others.

We have continuously engaged with the University in attempt to make things easier for our students at Queen Campus. On behalf of Dictum, I am attending a meeting with the Victoria University College of Law Dean Professor Michael Stuckey on 12th June to discuss how the university can further assist students during the pandemic.

We did notice a surge in membership sign-ups after orientation day at the beginning of the year and numbers of members have been increasing gradually.

It’s great to see so many students signing up and benefiting from Dictum while also having some fun.

On behalf of the whole team, I hope that our members will continue being involved with us. I would also like to take this opportunity to show my support and the committee’s support to the Black Lives Matter movement. Needless to say, Dictum does not tolerate any form of racism or discrimination and we proudly stand with the people supporting the movement.

We hope you have a good winter break or a good winter block if you chose to study in that duration and we hope you enjoy this second publication of Obiter.

Dear victim OF

HUSTLE

CULTURE

News Flash: You’re Different While the Earth takes 365 days to revolve around the Sun, Mercury does the job in merely 88 days. Yet the two planets are independently unique and wildly magnificent, both on the path to complete their individual journeys. Yes, fellow readers, my analogy may seem slightly farfetched and maybe a bit pretentious.

However, this concept has taught me to accept that every single one of us at law school are on a different orbit altogether. I have often found myself falling into the ‘hustle culture’ rabbit hole at university. It’s very easy to compare yourself to your fellow colleagues who are lining internships, work experience, co-curricular activities, HD grades, and so much more like pins in a bowling alley and hitting strike, all this while maintaining the social life of a Hollywood celebrity. I learnt with experience that I am not one of them. Most importantly, I am not any less ‘magnificent’ just because I am not one of them.

The Tailor-made Law School Journey The hustle culture while may seem glamorous can sometimes be a dangerous path to follow, as it focuses on who is doing the most and in the shortest period of time than on the substance and inherent purpose of law school i.e. the teachings, the lessons, the experience, and the joy of following your passion. So the next time you belittle your achievements because somebody else is doing more than you, try and focus on your progress and how you can improve that in your own way. Here is some parting advice from a recovering victim of the ‘Hustle culture’ The Six Steps to Self Improvement: 1. Reflect on what you believe is lacking in your progress 2. Remind yourself that Rome was not built in a day so your personal portfolio cannot befinessed in a short time either.

3. List out your short term and long term goals to see where you wish to be in due time.

4. Once you have identified your goals, assess strategies that are tailor made to your way ofworking in order to be more productive and enjoy your tailormade hustle.

5. Put in a healthy amount of time, effort, and handwork into achieving these tasks consistently,rather than focusing on over-achieving on your goals. Slow and steady wins the race.

6. Last but not the least, do what you love and love what you do. If you get that right you’rehalfway through to hustling the hustle culture.

activities This year has been interesting, a year of change and as we all know change is not an easy thing to adapt to, however diamonds are created with pressure so instead of looking at the glass half empty I have decided to look at it half full.

As an activity director my role is to create all the fun, social and interactive activities and events however due to the current international pandemic it became difficult to plan and hold such events due to restrictions. However, this has not deterred me nor our dictum team from being productive, present and fun. Instead we have moved our social events to be online. The last social event that we had from my department was the family picnic on the 25th of February which was a great success as it was free food, free music and a great opportunity to meet new people.

We do have new events that will be happening through Zoom as we have an upcoming Alumni panel that will be giving us an insight on their journey through law school and their profession and will also be asking various questions for us to get to know them and hopefully get help towards on our own individual pathways in the legal profession.

We are also looking forward to hosting a physical event soon within restrictions so numbers will be limited, so make sure you get in first as I promise you, you won’t want to miss this. Times are difficult in reference to being social but we have not left, we are still and have been here to help and assist you where possible

A LAW STUDENT IN QUARANTINE How to best use available resources Remote learning may not be the best for everyone, so studying from home can be understandably difficult and studying law doesn’t make it any easier. Keep reading for some great resources you can use to improve your studies and legal experience while you’re in quarantine.

1) VU Library- Most of us forget that the VU library is more than just access to some eBooks or legal articles. If you have an assignment coming up and don’t know where to start your research, maybe try this link https://libraryguides.vu.edu.au/law or access it by going to VU Library Home page> Course Resources> Bachelor of Laws and the unit that you need research for. The library has organised internet research resources for most units that directly lead you to great material.

2) Dictum Society- Use our peer mentoring sessions online for some academic assistance, join us for an alumni online event to explore career pathways or follow us for fun challenges to win vouchers (something to help with grocery bills? Yes please!)

3) Law firms- Follow websites and social media of legal firms to stay updated what they do.

4) Lawyers Weekly 5) Insidesherpa- They have free virtual internships that you can do from home and add on to your resume. They recently partnered with Leo Cussen Centre for Law for the Human Rights Law Virtual Internship. It’s a great way to build your legal experience at home.

6) LinkedIn- This is the perfect time to polish your LinkedIn profile, stay active on it and begin creating a network that would work wonders for you in the future.

7) Webinars- The Parliament, Dictum Society, College of Law, LIV, Leo Cussen Centre for Law and so many different organisations are holding webinars online that you can attend and broaden your legal knowledge.

8) LIV Clerkships and Traineeships- If you are a penultimate or last year student, remember to watch out for upcoming clerkship opportunities on the LIV website.

9) VU Winter Block and weekend classes- Winter block is coming fast! And isn’t it relieving that you don’t have to leave your home in dead winter to attend a class? You can either take a break or use this winter block to complete another unit. If you work fulltime, enrol for weekend classes during the winter block. Commercial law and Human rights law units are now available for weekend delivery. Contact VUHQ 9919 6100 or CUA staff CUA.COLJ@vu.edu.au for further details.

education Hello, my name is Nomvula Ndhlovu and I am the Education Director. I was recently appointed to this role and I am excited to embark on this journey. In the last few months, we have all transitioned and adjusted to online learning.

As the Dictum Society we moved some of our educational programs online to still be able to assist people despite the current situation. We have hosted zoom Peer2Peer Mentoring sessions and exam preparation sessions.

Some of the programs coming up will be the zoom Peer2Peer Mentoring session where you can get help with referencing and with the overall structure of your essays. These zoom sessions will be happening every Wednesday from 2-3pm. On the Thursday of week 3 we will be having an exam preparation session where you can receive the assistance you need, and we will briefly explain how the exams are conduct and what is expected of you.

I have adjusted well to carrying out my role and duties online. I look forward to carrying out more actives that will better assist all of you in your academic journey.

I wish you all the best with the rest of the semester and the academic year!

Black Lives Matter An avenue to explore the elusive privilege of whiteness in the Australian legal System

The discourse of ‘black lives matter’ has reinstated itself within the global consciousness following the callous murder of George Floyd. The imagery of the police officer’s knee upon Floyd’s neck has emerged as a symbol of the institutional power and systemic oppression of minority groups. More profoundly, it has served as an avenue for countries such as Australia to evaluate its own oppression and racism towards its Indigenous and Torres Strait islander population- a cultural minority that are disproportionality incarcerated and disadvantaged.

The movement establishes a nexus where privilege, legal systems and race intersect. Harris (1993) conceptualises privilege as the legal legitimation of the dominant group’s expectations that are constructed as the neutral baseline, while masking the maintenance of white privilege and domination. According to this conception, privilege features two aspects. The first is a process of systemic consolidation of the dominant group’s belief system as the status quo. The second is a process of maintenance, which conserves such construction and power. Central to this thesis, is the ideology that legal systems operate by inherently subscribing to the ideals of the dominant cultural worldview, which negatively affects the content of laws and the nature of legal outcomes for non-dominant cultures. Presently, Aboriginal and Torres Strait Islander communities are the most ‘economically and socially disadvantaged’ cultural group (Legal and Constitutional Affairs Reference Committee, 2009). This experienced disadvantage serves as a unique avenue to extrapolate how power is maintained through controlling a vulnerable community who remain highly reliant upon the very statues and legal redress that perpetuate their disadvantage.

The consolidation of privilege through language A key aspect of privilege is the legitimisation of the dominant group through the legal enshrinement of their values. This is evidenced through the systemic disadvantage experienced by Indigenous language speakers.

As of 2016, only 32.3% (Australian Bureau of Statistics, Census of Population and Housing: Characteristics of Aboriginal and Torres Strait Islander Australians, 2016) of Indigenous people in very remote communities identified English as the primary language spoken at home.

Eades (2015) asserts that this understanding is often ‘aborginalised’ and imbued with differential systematic ways of communicating.

Consequently, this creates specific differences in how Indigenous communities utilise English to construct meaning within Anglo-centric legal methods.

Black Lives Matter An avenue to explore the elusive privilege of whiteness in the Australian legal System

This linguistic barrier was pronounced in the case of Gibson v Western Australia ([2017] WASCA 141). The appellant, Mr. Gibson was a member of the Kiwirrkurra community in remote Western Australia, whose first language was Pintupi. Despite Mr. Gibson’s cognitive impairments and language difficulties he was interviewed for the duration of three hours in English without access to a translator. As a result, on 22 October 2014, the appellant pleaded guilty to manslaughter and was sentenced to seven years in jail. The Court in the relevant appeal found that a miscarriage of justice had occurred as the integrity of the plea of guilt was impugned by the appellant’s cognitive impairments, limited English proficiency and incomprehension of the legal implications of his plea.

While his conviction was acquitted, it occurred after Mr. Gibson served almost five years of his sentence.

The right to a just and fair hearing within the courts presents an inherent need to understand and be understood. However, while this right to accessing a fair trial exists, its inherent need for effective comprehension is a privilege exercised by proficient English speakers. Privilege establishes a legal context whereby the dominant group experience fewer obstacles to gain access to justice than non-dominant groups who face significant challenges in accessing the same level of justice. Mr Gibson, a non-English-speaking Australian was confronted with a legal system that failed to provide an interpreter or recognise his socio-cultural needs. However, if Mr Gibson was a nonIndigenous, English speaker, his ability to engage within the legal system would not present barriers to accessing effective justice. Thus, while Indigenous Australian may have a legal right to seek justice, they do not possess the privilege to realise it. Consequently highlighting the systemic disadvantage that perpetuates Anglo privilege.

The maintenance of privilege The maintenance of privilege relies on the masking of white dominance in a manner that appears fair and equitable for all groups. This is evidenced through the funding of Indigenous legal assistance services in Australia. The development of the Aboriginal and Torres Strait Islander Legal Service (ATSILS) in the 1970’s provided an avenue for culturally specific legal aid for Indigenous litigants. This form of assistance differs to traditional legal aid as it was conceptualised to serve as a distinct practice that provided culturally sensitive support. Therefore establishing the efforts of the Government to present equity for all groups in society. This is evidenced in the political discourse in Australia. In a media release surrounding legal funding, the Minister for Indigenous Affairs, Nigel Scullion stated that ‘providing assistance – be it legal or otherwise – for Indigenous Australians is a major priority of our Government’ (Department of the Prime Minister and Cabinet, Media Release, 22 March 2019).

Black Lives Matter An avenue to explore the elusive privilege of whiteness in the Australian legal System

The benevolence echoed within Minister Scullion’s dialogue seeks to imbue the public imagination with the government’s commitment towards ensuring fair legal systems.

Within the context of the black lives matter movement; the discourse of ‘all lives matter’ can also serve as an act of maintaining white privilege. The assertion that all lives matter seeks to diminish the purpose, meaning and exclusion of the black lives matter movement in favour of the universally accepted understanding that all lives matter. The reality is, as this piece has highlighted, that while all life experience should matter, not all life experiences do in fact matter. The nature of privilege ensures that some lives are treated with less equity than others. Thus, discourses such as all lives matter seek to maintain current social conditions by underplaying the experiences and conditions of vulnerable groups.

Conclusion Prime Minster, Scott Morrison commented in relation to the death of Floyd that we should not seek to draw equivalence between the American and Australian context. Yet, as this piece has highlighted racism and whiteness are key tenets of how the law reserves as exclusive place of privilege where Indigenous Australians are confided to a legal system that dictates how they express their Aboriginality. Mr Morrison further highlights that in order to overcome this, we must be ‘Australians and deal with it our way’ (Daniel Hurst, Guardian, 4 June 2020). Yet to be an Australian and to do it our way correlates to a historic denial of Indigenous abuse, allowance of Indigenous death and acceptance of inequality. The answers to respond to legal privilege exist. They exist in reform recommendations. They exist within conversations with Indigenous communities.

They exist in expert reports. They exist. We need to be willing to recognise and act upon them. In this context our silence is no better than the four other police officers that failed to intervene upon George Floyd’s death.

STUDY TIPS

In Quarantine Being under lockdown has been hard and studying has become more difficult than usual. I find myself getting distracted. If you are anything like me or you just need a few tips on how to study then stay tuned.

1. Organise your day. I find organizing what I am going to do the whole day helps me stick to a schedule and to follow a routine. It gives me time to lay out all the work I must do plus I get to add in a few hours to relax and watch Netflix.

2. Group study sessions. I tend to get distracted a lot by the smallest things. So, to fix this problem, me and my friends have group study sessions every week. In these sessions, we discuss the previous classes and we clarify any questions someone may have.

3. Remain focused. One of the ways to do this is by reminding yourself why you are studying what you are studying. What is driving you and motivating you in your law degree? Once you figure this out studying becomes easier because you are looking at the end goal. .4. Take breaks. A lot of my friends stop being productive after a certain number of hours because they do not take breaks. Everyone studies differently and everyone’s attention span is different, but the fact remains we all need a break from studying. For example, you can study for an hour and take 30minute breaks or you can study for 2 hours and take 1-hour breaks. These breaks will allow your mind to relax and it will help you clear your mind.

5. Move around. If you are finding it different to study or remain focused you might want to consider changing your environment. Look for another place to study. Being in lockdown means we are in the house 90% of the time therefore, it gets boring studying in the same place and not going anywhere else. Hence moving around may help you focus more, and it breaks the monotony I hope these tips will be useful. I wish you all the best with the rest of the semester!

careers GUIDE 2020

2020 Careers Gudie is already out ! You can read it on our website

A CLEAR DESK& A Clear

Mind

We’ve all heard before that a clear space equals a clear mind. There have been several studies on this notion across the world, but I’ll be referring to my own experience as to why this is true. In the past I’ve found the more cluttered my desk, room or office was, the higher my anxiety procrastination and distraction level were. I endeavoured to make a routine to invest no less than 5 minutes a day to clean my room, desk and office, and this has significantly improved my productivity and focus.

A clean and open space will not only motivate you but will also give you a clear mind allowing you to get the best of the time you invest studying. Below are some tips to help you achieve this.

1. Eliminate what is not need: We tend to have a tendency of hoarding or overloading any and every space. Make a list of what you’re coming to work, list what you’ll need to achieve that task (assignment etc) and remove everything else.

2. Have your phone out of sight: Once you’ve removed the unnecessary equipment’s, there’s probably one item you’ve overlooked. Your phone. Before coming to your desk, put your phone on silent or do not disturb mode rather than vibrate when you’re doing your work, because it can still distract and tempt you to check your notifications. You can also put it away in your bag or in a drawer.

3. Hide your wires and chargers: Having a lot of wires and your charges on your desk looks messy and you’re likely to get distracted. If you’re at a public study space, hide them away or you’ll soon have people asking you to borrow them.

I hope these tips help you, and soon you’ll find yourself -studying mentally stress free!

equity 2020 has been a series of curveballs for every single one of us. It is a testament to the fact that no matter how far ahead you plan out your future, there are certain parts of life that we will never be able to prepare for. My experience at Dictum also followed a similar trend, but it did not stop our team from thinking on our feet and finding other ways to keep our law society up and running. As Director of Equity, my main aim was to create activities that could be conducted online and would prove entertaining to our members and social media followers.

One of the activities organised under this portfolio is the ‘Law Memes Challenge’ which served the purpose of engaging with our members and giving them a good laugh. Some of the other online activities I hope to achieve in the coming months are the ‘Queer History through Law’, focusing on sharing LGBTQ+ facts and achievements to celebrate Pride Week. I am also looking forward to organise fun and interactive challenges such as ‘Around the World’, an activity that revolves around embracing our nationalities and our unique cultural backgrounds.

Reflecting on my personal experience through the COVID-19 lockdown, I feel I am more overwhelmed by work now than I was before we had classes face to face.

There are moments where I feel like I’ve stretched myself too thin and am unable to give my one hundred to co- curricular commitments at the same level as I did before. However, I have learnt from talking to friends and other colleagues that most of us are in the same boat, all we should do is focusing on taking life a day at a time. It is more important to do your best and do it with a positive attitude than to negatively affect your health through amplifying pressure. I try to apply this similar attitude to my tasks at Dictum and focus on what I can do best to achieve progress and within my limits.

I am always looking forward to coming up with different ideas for my portfolio at Dictum Society. I am proud of my progress and my team’s so far, but I believe I am still learning and have so much more to experience through this position. I look forward to taking better advantage of this opportunity in the coming months.

To submit any questions you may have for the panel, please email it to our Secretary at secretary@dictumsocietyvu.com

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