Obiter Issue 1 | Feb 2021

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VICTORIA UNIVERSITY DICTUM SOCIETY

ISSUE NO. 1 FEB 2021

OBITER THE

DICTUM SOCIETY'S OFFICIAL MAGAZINE

KARINA HEIKKILA

WRITER'S NOOK

Shares her colourful experience through Law School, teaching, and working alongside revolutionary lawmakers

"Lawyers are in the business of law, not in the business of justice".

NETFLIX & LEARN Discussing the influence of mass media on our understanding of today's legal system by Malaika Nambiar


“Once you learn to read, you will be forever free.”

― Frederick Douglass


Acknowledgement of Country Dictum Society would like to acknowledge the Woiworung and the Boonwurrung people of the Kulin nation, who are the Traditional owners of our University land. We extend our acknowledgements to the traditional custodians of Australian land and pay our respects to their culture, and their Elders past, present and emerging. We recognise that sovereignty has never been ceded, and pay our respects to the diversity of indigenous peoples , their communities and cultures, and the intrinsic connection to the land and waters as the Traditional Owners to Country.


CONTENTS President’s Welcome: Aayushi Patel ..........................................................................................1 Editors's Note: Malaika Nambiar................................................................................................2 The Introduction .................................................................................................................................3 Dictum Membership Packages.....................................................................................................4 Leaders of Dictum ..............................................................................................................................5 The Executive Team.....................................................................................................................6-10

President: Aayushi Patel .....................................................................................................................................7 Vice-President: Falak Sakak ...............................................................................................................................8 Secretary: Farriz Roslan ......................................................................................................................................9 Treasurer: Barsha Bhandari ............................................................................................................................10

Board of Directors .....................................................................................................................11-17

Director of Education: Nomvula Ndhlovu ....................................................................................................12 Director of Careers: Anoushka Patel ............................................................................................................13 Director of Activities: Arvin Ravindran ..........................................................................................................14 Director of Competitions: Jakob Hadenfeld-Hunt .....................................................................................15 Director of Equity: Roya Rahimi .....................................................................................................................16 Director of Publications: Malaika Nambiar .................................................................................................17

The Writer’s Nook: Written Word Competition ..................................................................18 15 Tips to Survive Law School......................................................................................................19 Peer2Peer Mentoring Program 2021 .......................................................................................20 Student Mentor Program .............................................................................................................21 The Seasoned Artist: Dr Karina Heikkila .........................................................................22-23 The 'Block' Experience..............................................................................................................26-27 Balancing Mental Health.........................................................................................................30-31 Law School Gradman.......................................................................................................................32 Netflix and Learn........................................................................................................................33-34 What’s the Verdict .....................................................................................................................35-36 Cross Laws ...........................................................................................................................................37 Virtual Academics.............................................................................................................................38 Word Wheel.........................................................................................................................................39 The Legal Doodler.............................................................................................................................39 Under the Covers........................................................................................................................40-41


Dear readers,

President's Welcome

It is with great honour that I welcome you all to the start of this new academic year. I hope your classes so far have kicked off great! Despite most things being online, I have had the best time meeting some of you in our O-fest sessions or other events we have run. Be rest assured, this is the tip of the iceberg and there is so much more to come! With an introduced discount on our VIP membership this year, I encourage you all to make the most out of this. Last year has been challenging for many students and this year will bring new challenges but Dictum is here for all of you. We have planned networking opportunities, publications, social events, panels, mentoring programs, workshops, mooting and much more. The aim of Dictum is to provide you with resources that will set you apart and allow you to explore your strengths. Get involved and reach out to us to see what you can gain from being members with us. I highly suggest keeping updated on Dictum social media and reading our Obiter magazine releases as well as our enewsletters that will keep you informed on what initiatives are upcoming. On that note, I wish you the best for your academic and personal goals in 2021. Contact me to strike up a conversation and I'm sure we'll both walk away with something inspiring. P.S. Thank you Malaika for the Obiter design, the contributors of this issue for their content and our amazing sponsors! Yours faithfully, Aayushi Patel President, Dictum Society

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Editor's Note Dear Reader, The Obiter is a magazine that serves you a buffet of quality content. From 'Seasoned Artists' that know the legal world like the back of their hand to students like you sharing their perspective and experiences, our articles engage the audience in a conversation you would wish it never ceases. 'The Writer's Nook' is where you might find our writing competition of the issue with a topic almost as tantalising as the prize that is offered. Be sure to venture into it, if you thrive on competition! For the many that our simply looking to kick back, relax, and tickle their brain with some legal brainteasers, keep an eye out for our 'Cross Laws Crossword', 'What's the Verdict, 'Word Wheel', and 'Legal Doodler' sections. They aim to entertain and challenge you. I like to weave themes through the 2021 Obiter Issues and you will see this as you read through this magazine and more. I hope you thoroughly enjoy the Obiter! Sincerly, Malaika Nambiar Director of Publications 2


D I C T U M

S O C I E T Y

THE INTRODUCTION Dictum Society was established in 2012, and has successfully engaged and serviced a wide variety of external and internal stakeholders in this short time. We are a Society which aims to represent the diverse aspirations and attributes amongst our law students and improve their university experience. We achieve this by hosting a combination of initiatives and events, ranging from careers, competitions, social events and education programs. Dictum Society is affiliated as a College Society through Victoria University’s Student Union (VUSU). This means that Dictum Society is the peak student representative body for Victoria University’s College of Law and Justice.

THE

OB IT ER

The Obiter is Dictum Society's official magazine. The magazine provides its readers with content that is fresh, stimulating, and diverse. In 2021, the magazine aims to keep its readers on their toes. From students to professors to legal legends, each issue passes the baton to one renowned law veteran who will be sharing valuable advice and riveting anecdotes in our 'Seasoned Artist' Series. Our seasonal writing competitions, 'The Writer's Nook' series, offers captivating topics and exclusive prizes for the winners who are also feature in our following Issue. You don't want to miss our 'Dictum Editorials' where the Committee expresses their creativity through a plethora of topics all of which aim to spark new conversations. Our content also caters for the lighthearted with our brainteaser puzzles and fun facts that are peppered through out the magazine. As well as our newly introduced 'LOL: Laugh Out Law' column which aims to publish funny legal cases and narratives for the entertainment of our readers. The Obiter Magazine is more than just a publication stuffed with articles. It is a reflection of the innovation and tenacity that the Society and its people embody.

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DICTUM

MEMBERSHIP PACKAGES

STANDARD MEMBERSHIP

$10

Includes: Access to our exam prep sessions Access to the Society’s exclusive social events Access to free food during social events Eligibility to participate in mooting competitions Access to exclusive careers events and programs Access to exclusive networking events Access to our 2021 Careers Law Guide Eligibility to be mentored in our Peer 2 Peer mentoring program Eligibility to become a Dictum Society volunteer Eligibility to partake in our Leadership training programs , such as Speech Master Eligibility to partake in our society’s competitions such as the Writing Competition Discounts tickets to our Law Ball, Trivia night, Halloween dress up party, movie night & many more! Eligible to make submissions to the Society’s student publications The Obiter & the E-Newsletter Receive a Membership pack full of goodies ! (may be available when campus opens) Most importantly, to be a part of a student team dedicated to making your law school experience the best !

VIP MEMBERSHIP

$15

Includes: Access to our exam prep sessions Access to the Society’s exclusive social events Access to free food & tap during social events Eligibility to participate in mooting competitions Access to exclusive careers events and programs Access to exclusive networking events Access to our 2021 Careers Law Guide Eligibility to be mentored in our Peer 2 Peer mentoring program Eligibility to become a Dictum Society volunteer Eligibility to partake in our Leadership training programs , such as Speech Master Eligibility to partake in our society’s competitions such as the Writing Competition Bigger discounted tickets to our Law Ball, Trivia night, Halloween dress up party, movie night & many more! Discounts on any merchandise Priority given to VIP members who are on the Peer Mentoring waitlist Eligible to make submissions to the Society’s student publications: The Obiter & the E-Newsletter Receive a Membership pack full of goodies ! (may be available when campus opens) Most importantly, to be a part of a student team dedicated to making your law school experience the best !

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LEADERS OF DICTUM PRESIDENT Aayushi Patel

VICE-PRESIDENT Falak Sakak

DIR. ACTIVITIES Arvin Ravindran

DIR. EDUCATION Nomvula Ndhlovu

SECRETARY Farriz Roslan

TREASURER Barsha Bhandari

DIR. CAREERS Anoushka Patel

DIR. COMPETITION Jakob Hunt

DIR. EQUITY Roya Rahimi

DIR. PUBLICATIONS Malaika

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The Executive Team

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President Who is Aayushi? Hi! My name is Aayushi Patel. I am a final year Honours student in Bachelor of Laws as well as the 2021 Dictum Society President. I have been at VU since 2018 and have thoroughly enjoyed studying law. I enrolled into this course by process of elimination; nothing else felt like a fit, but looking back, I wouldn't have chosen any differently. As President, I am hoping to give the VU law student cohort something that is most needed in 2021- a community and a plethora of opportunities to help them academically and professionally. I love exploring the city, hot chocolate and a good conversation so feel free to strike up a chat and I hope to connect with more students at VU this year.

President's Role As President, my general duties include liaising with Dictum Society sponsors, representing student interests, and working with and guiding the Dictum Committee to manage our events and initiatives. I aim to provide development, social and networking programs to VU College of Law & Justice Students. This year, I hope to deliver good programs through all six Dictum Portfolios: Education, Activities, Careers, Competitions, Publications and Equity. You can reach out to me for any Dictum related matters or any assistance for your course and I will do my best to help.

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Vice-President Who is Falak? My name is Falak Skaik and I’m in my third year of Bachelor of Law. I’m lucky enough to have the role of vice-president of Dictum 2021. My main motivation to apply for a degree in law was the iconic Elle Woods from Legally Blonde. So in all Elle Woods spirit, I try my best to make the most out of my degree to make it more than just about studies. This is why I’ve been involved in as many as avenues as possible where I can help others as well as myself in advancing my studies and career ambitions.

Vice-President's Role As vice-president, my main role is to be Aayushi’s right-hand woman in all her president duties, which is mostly sponsorships and team management. I’m also a Student Mentor at VU, and love to extend a helping hand to dictum members and law students generally with writing and careers advice.

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Secretary Who is Farriz? To my law peers, firstly I would like to congratulate the first-year students in getting into law school! Secondly, to the later-year students, I hope you had a great holiday and would like to welcome you back to game! My name is Farriz Roslan, I am a third-year law student, and I am the current Secretary for Dictum Society. I personally share a lot of similar motivation as most law students in Victoria University, where our aim is ensuring equality and fairness in all cases that are being heard. Morality is something I value and wish to apply correct morals to the actions I make.

In 2021, I am looking forward to making significant changes and providing assistances within my law and international student community. Especially assisting those who were affected by the pandemic. Let’s hope 2021 is full of growth and prosperity!

Secretary's Role As the Secretary of Dictum Society, I will be communicating with our members about the events our partners or sponsors have instore as well as events that were created by our amazing and creative directors. My goals are to expand the vision Dictum aims, which is assisting law student’s voice to VU’s law faculty as well as projecting them towards PLT colleges, law firms and other external faculty. If you’d like to talk to anyone in Dictum, please feel free to reach out to me anytime, any day!

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Treasurer Who is Barsha? My name is Barsha and I am the current Treasurer in Dictum Society. I am currently in my second year of Bachelor of Laws. I am also the President of VU International Student Association and one of the very few international students pursuing a bachelor’s degree in Law & Justice. My interest in human rights law and my passion for helping those in needs is what inspired me to study Law. Being part of Dictum has allowed me to support and help other law and justice students during their course of study. Furthermore, Dictum has helped me make amazing friends and network with people who have similar goals. I am excited to be part of this year’s committee and I look forward to meeting new law students at VU.

Treasurer's Role As Treasurer of Dictum Society, I will be managing our financial obligations, sponsorship funds, and auditing responsibilities. My goal is to encourage expenditures and investments that facilitate membership traffic within the Society and aid expenses that benefit our members rather than namesake prizes.. While I do not play a leadership and organisation based role akin to the Executives and Directors, I hope to contribute to the ideas and events to the best of my abilities If you’d like to know more about Dictum or the role that I play, please feel free to reach out to me at anytime.

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Board of Directors

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Director of Education Who is Nomvula? Hello, my name is Nomvula Ndhlovu and I am a second year student studying a Bachelor of Laws, and I am the 2021 Education Director. From a young age I used to watch a lot of criminal shows such as Law and Order, NCIS and Suits and from then on I always knew I wanted to be a lawyer. I have always been passionate about fighting against injustice and standing up for what is right. Studying law gives me the opportunities I need to change the justice system from within and continue to stand up for what is right. In 2021 I hope to do well in my academics and to fulfill my duties as the Education Director.

Directorial Role My role is to provide students with academic support through the Peer to Peer Mentoring program and various other events. My role is to make people see that academics can be fun for example through holding events such as Speech Night. My goal this year is to get more people engaged with the Education program and to assist more people by providing useful educational sessions. If you need help with referencing, exam tips and legal writing and drafting tips I would be the best person to assist you.

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Director of Careers Who is Anoushka? Hello lovely readers, my name is Anoushka Patel, I am a penultimate year law student and the Director of Careers at VU Dictum society. Studying law for me was always about the need to stay informed, and to say that it has been fulfilled would still be a stretch because there is more I learn every day, as I hope you will too. Despite these testing times, I aim to receive as much practical exposure to the legal field as possible because no opportunity is too small and no dream too big.

Directorial Role My first role as the Director of Careers would be to bring to you, the highly coveted, yearly issue of the Careers guide. Also, to help enhance career opportunities by planning events that expose you as students to individuals in the legal field, who would then provide you the guidance you need. As part of the same, I aim to conduct panels and networking opportunities that aid both newcomers as well as those who will be coming back to law school, a year ahead. Should you need any career related help, or have new suggestions for me, that you believe would improve law school experience for students, do not hesitate to reach out. Good luck and may the odds be in your favour!

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Director of Activities Who is Arvin? Hi, my name is Arvin Ravindran and currently studying a Bachelor of Laws at Victoria University. This will be my final year and I am honoured to hold the position of Director of Activities for the Dictum Society. From a young age I have aspired to be a lawyer and it has only built up over the years, through up’s and down’s, to finally being a law student. This year, I am hoping to get some mooting experience and develop some key public speaking skills. I am going to strive for excellence academically but also, ensure that my peers and myself can get the well-deserved breaks through my position in Dictum society.

Directorial Role The role of Activities Director is to plan and coordinate events that would not only be entertaining but beneficial for my peers in the College of Law and Justice. These events would be in a wide range of settings that would always include a highly sociable environment. Furthermore, it is facilitated in a way that allows for my peers to develop key networking skills which we all can take outside Victoria University. Due to the pandemic still in our midst, Dictum Society is always planning both virtual and faceto-face events to ensure that we are able to accommodate to the COVID regulations that are currently in place in Victoria. I am looking forward to seeing you all at our events and hopefully on campus soon!

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Director of Competitions Who is Jakob? I'm Jakob Hadenfeld-Hunt. I'm a 4th year student studying a double degree of business & laws, and I'm also the Director of Competitions for 2021's Dictum Society. I'm a passionate loudmouth, I enjoy learning about our legal system and debating through issues and cases as presented to me, and I hope I can impart some of this to my peers this year.

Directorial Role As Director of Competitions, I'm responsible for the planning, scheduling, and execution of various moots. A moot to clarify for those unaware is a simulated legal dispute, essentially a mock courtroom experience with a strong focus on advocacy. They're designed to give participating students the ability to develop their practical legal and communication skills. My first moot was in 2019 for the SNH Criminal Law Moot and it provided a difficult and new challenge for me that I believe was invaluable to the development of my academic career. I aim for this year to provide multiple competitions, each focusing on different fields of law, to ensure that any participating students can finish with a new wealth of broad experience. I hope for 2021 to be a rewarding year for us all, and I hope to see you in our moots this year.

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Director of Equity Who is Roya? I am a law student in my Penultimate year who's interested in the area of policy. Henceforth, I am also the Vice- President of VU Labor club. VU Labor is a political club where law interested in politics can get involved in campaigning, engage in policymaking and debates, meet MP's and known politicians to ask questions and learn more about politics! So, if you're also interested in areas of social justice or policymaking, please get in touch with me.

Directorial Role

I am the new Director of Equity at Dictum Society for 2021, seeking to use my position to help law students feel less alone on their journey by getting them to meet professionals who may have faced similar struggles. I'd also like to be part of promoting a better culture of acceptance and awareness within VU. I'm always here for a chat or any suggestion by law students! You can find me on Linkedin or Facebook! I also understand that we are still going through a worldwide pandemic. That's why I'd like to encourage and ask law students to be open to online engagement tools such as, e.g. Dictum society Facebook/Insta or Law Chat, to get the most out of law school this year and stay up to date with our upcoming events! I hope to hold a Women's in Law Panel this year and an LGBTQ panel, where you can get some wisdom and advice about how these law professionals overcame their challenges in law!

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Director of Publications Who is Malaika? I am in my penultimate year, studying Law and Commerce at Victoria University. I was born and brought up in India and moved to Australia over 6 years ago. Getting into law school, I was very much influenced by the usual 'Suits' and 'Legally Blonde'. While I was truly disappointed when Harvey Spector didn't hire me in my first year, I was amazed by the avenues I got to explore in law school including being part of Dictum. I have thoroughly enjoyed my ride at Law School with amazing friends and valuable knowledge and I can only hope that the rest of my time at VU offers half as memorable of a journey. I'd like to believe I'm extremely approachable and have a penchant for good conversations. If you ever see me around or on social media don't hesitate to say hello!

Directorial Role This year the Publications portfolio aims to produce content that is conceptual and introspective allowing its audience to view Dictum Society as more than just a socioacademic club. But instead perceive the organisation and its magazine as an outlet for creativity, expression, and candour. I am someone who thrives on art and creativity and I hope to do my best to channel this into my role as Publications Director. With the help of my fellow committee members and your feedback I am certain we can make the most of 2021.

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The Writer's Nook “WE ARE NOT IN THE BUSINESS OF JUSTICE, WE ARE IN THE BUSINESS OF LAW” Submit a written piece using the above statement. Your piece can be structured in any style of your choice, including but not limited to essays, articles, stories, anecdotes, or poetry. All entries will be featured in the May issue of the Obiter.*

Two prizes are up for grabs! First Prize Winner $60 Gift Card (selected stores will be disclosed to the winner) + Exclusive feature in the upcoming Issue of the Obiter Honorary Writer $40 Gift Card (selected stores will be disclosed to the winner) + Exclusive feature in the upcoming Issue of the Obiter Winners will be announced on our social media and contacted via email for further details.

Mail your entries to publications@dictumsocietyvu.com by 23/03/2021 11:59PM. No entries will be included in the Competition after this date. Delayed entries may be published in the upcoming Obiter at the Society's discretion Winners will be announced on the 31/03/2021. *Please include your name and student ID in your entry or attached to the email submission. Dictum Society holds the permission to reject submissions that do not meet the criteria or have offensive/ profane writing.. The Society ma y issue changes to the submission prior to publishing in the following issue of the magazine.

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15 TIPS FOR SURVIVING LAW SCHOOL

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Peer2Peer Mentoring Dear Member, If you are a first year student, freshly wading through the tall-grasses of the law school jungle or if you are a law school student looking for some guidance, support, feedback or advice on anything academic, Dictum Society has your back. Join the Peer2Peer Mentoring program to become a mentee. A mentor will be assigned to you based on your areas of interest. If you are a second year student or higher, you can apply to be a mentor to fellow mentees as well! Applications open: 23 Feb 2021 https://www.dictumsocietyvu.com/peer2peer-mentoringprogram

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VU Student Mentor Program Student Mentors is a VU program where students in their later years are able to provide their knowledge and assistance to fellow students. Student Mentors are knowledgeable in their area of study and can confidently provide assistance with an understanding of the requirements and expectations of your course from a student perspective. They are here to help with your assessments, giving constructive feedback, and helping you improve your academic skills. They are also here to point you in the right direction with university services if you need extra support! Student Mentors will help your transition to uni by offering advice on navigating our virtual (and physical) campusesl learning to use MYVU, VU Collaborate and other VU systems settling into university life getting the most out of your university experience understanding various processes, such as applying for special consideration or advanced standing (credits). We're all friendly, so drop-in to a session for help or a chat!

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The 'Seasoned Artist' Series presents

Journeys In & Out of Law B Y D R K A R I N A H E I K K I L A P H D , L L B ( H O N S ) , G D L P GStudying law at VU has delivered me many externally recognisable adventures. Things that I thought would never happen to me. They’re easy to talk about. A few are listed below. But, more importantly, what did I need to hear in the first 2 years of my degree? What do I know now that I wish I knew then? Firstly, I don’t know anyone who studied with me, that didn’t struggle from time to time. Studying law is hard work. That’s not just because of the content. For me, I had to learn what I was capable of. To be honest, I was scared to find out. In 2011, it all started. I commenced my degree. I didn’t know if I would make it through the first week, a year, or the whole degree. Walking through those bluestone gates the first day, I carried a huge chip of insecurities on my shoulder. I had to work hard to it knock off. Obviously, I’m a slow self-developer. It took a PhD to do it.

"It was the right place to form perspective, to learn to receive encouragement, to form friendships, and emerge with a different baseline of confidence."

We all start in different places, with different life histories. At VU, we have the privilege of seeing a rich diversity of existences. For me, mixing in that rich soup, it was the right place to form perspective, to learn to receive encouragement, to form friendships, and emerge with a different baseline of confidence. My advice is to not ignore the internal work that needs to be done. Be kind to yourself along the way. There will be ups and there will be downs. Get help when you need it – because you are never on your own. You might have to do things more than once. That’s all OK. In fact, it’s normal. I can say this with confidence now because I also saw it in the journeys of my students. I have also read about, and talked about, these same challenges and battles of self-doubt. All the best lawyers and even judges share this difficult journey. The good news is that you are on your way!

Dr. Karina Heikkila & Renny "Here I am with Renny who sat with me all through my degree and PhD."

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Journeys In & Out of Law B Y D R K A R I N A H E I K K I L A P H D , L L B ( H O N S ) , G D L P Now, what unbelievable adventures have I had? Here a just a few. I ended up teaching ‘law and literature’ in workshops to my fabulous fellow VU students in 3rd year and beyond. That was deep friendship forming. Not only that, I had some of the best minds come and speak as guest presenters. You won’t believe it – but I asked them, and they came. Professor Michael Meehan (an award-winning author), Mr Patrick Barry – a fabulous barrister who became my mentor, a hero of mine – Mr Julian Burnside AO QC, and then who would have thought he would become my future boss – President Maxwell of the Court of Appeal! My first paper was published. Along the way to my PhD in animal law and philosophy, I had the privilege of teaching hundreds of fabulous students. I taught various law subjects at VU, and I also taught a whole semester of animal law at Monash. I gave guest lectures, podcasts, and seminars on animal law across Australia. I went to a fabulous conference in Quebec and heard the world experts, who I would not have dared to dream would become the final examiners of my PhD. I developed tremendously valuable working relationships with my wonderful PhD supervisors Dr Edwin Tanner and Emeritus Professor Neil Andrews. I was supported by the VU Deans of Law. I was also guided and mentored by tremendously successful QCs who saw something in me. They invited me to lunches, and they steered me toward opportunities.

Photo courtesy of Voiceless

i spent four years working part-time for Mr Patrick Barry – a generous mentor and a great industrial law barrister. He gave me the opportunity to see the real life of a barrister, to draft advices, to perform real and valuable research, to search for nuggets of evidence, and to feel I was making a valuable contribution. Amazingly, I then became a Snr Associate in the Court of Appeal. I was the last Associate for the great Justice Ashley. I also worked for Justice Coghlan clerking in a murder trial. I drafted draft judgments for President Maxwell. They were all so kind to me. Now, that is enough about me. I wish you all, all the very best. I know you will experience great adventures and land in the rich choices of opportunity that law presents. In or out of law, your newfound skills, and your rich VU experience, will serve you well.

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The 'Block' Experience B Y

A R V I N

Throughout my years of studying at Victoria University I have progressed through various models of teaching. When I first started in 2015, we had Trimesters which consisted of four units running together that lasted about 12 weeks. I found it incredibly challenging to keep up with work as I was not a very organised student and would have a large pile of assessments all due in the same week. After struggling for a couple of years I had the opportunity to start again in 2019 in a new course which was when I found out about the Block Model at Victoria University. The model is a four-week block that allows students to focus on one unit at a time rather than having four units at once. However, it was more intensive as in most units there would be weekly assessments and an exam. Personally, I had been craving to start my higher education journey again, and my time off had changed my perspective and allowed me to mature. The Block Model was one of the best aspects of university as it allowed me to focus on a unit and complete it before I had to think about another. I started achieving higher grades and was eventually able to transfer into my dream course in 2020.

R A V I N D R A N

Due to COVID, everything had shifted to online learning which made it harder to adapt personally. Since I returned to University, I was more invested in classes and got more involved than I had done previously. However, when we transitioned to online learning, I felt less involved and at times falling back to old habits of not turning up to classes. Online learning was difficult but as I became aware that it was likely going to last a while, I decided to ensure that I would make the most of it. There were many small things that I personally did to make the most out of Online learning in 2020. The first being joining the Law Chat and having groups for each unit that I was enrolled in. This allowed me to engage with other students who gave me lots of support throughout the year. Another crucial aspect is speaking up and if you are not comfortable emailing your lecturers. It will always be daunting to speak up in front of 20 of my peers but most of the time others would ask the same questions that I was unwilling or nervous to ask.

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The 'Block' Experience B Y

A R V I N

The last aspect is attendance, even though I was not overly active in classes, just being in class allowed me to pick up certain hints that were provided in classes but not overtly evident in the lecture slides.

R A V I N D R A N

Overall, Block Model and Online learning together has been an experience that has helped me in many aspects as it made studying more independent but also taught me the importance of my peers and the help that we provide for each other can be critical at times.

One of the most important classes is the revision class or the last class before exams as understanding the exam structure and the topics that are most relevant helped me assign time in studying and preparing notes. One of the best parts of Block mode online is that I do not have to travel to and from the City and exams in St Albans. This saved me time and costs, furthermore, we were provided with PDF copies of textbooks which saved me buying hard copies. Complacency was something that I had to fix during my online learning in 2020. I was achieving good results but started to slack off with critical exam preparations such as making thorough notes. It was a big wake up call when my grades were not meeting my expectations which allowed me to step back up and accomplish tasks that I would have done if we were in face-to-face learning.

" It will always be daunting to speak up in front of 20 of my peers but most of the time others would ask the same questions that I was unwilling or nervous to ask."

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Balancing Mental Health B Y

A A Y U S H I

P A T E L

Law is a competitive field with a strong minded and ambitious student cohort. Despite it being a very rewarding education, law school can quickly turn into an overly demanding atmosphere. A profession in law expects extraordinary grades, exceptional involvement in numerous co-curricular activities and extensive legal experience. As a penultimate law student, I understand the pressures and stress that students sometimes face, especially now when so many of us are in isolation. There’s no formula or script to follow when one tries to balance goals and mental health- do what works for you and remember that all your hard work is no good if your mental health is compromised. Throughout the years, I have used a four-step method to recognise my limits and work productively within them. As I share it with you, I hope it assists you in keeping a check on your wellbeing: 1) Recognise the warning signs- There’s several ways our body indicates that we need to slow down or stop. Headaches, dry eyes, not being able to focus are just some of those signs. 2) Step back and pause- Step back from your tasks and endless to-do list. Take a breath and take a moment to really analyse the bigger picture that you’re working towards. 3) Reflect- Be critical and weigh the consequences. Question yourself and be honest with yourself about how much work load you can take. Meditation or listening to music often helps. 4) Prioritise- There’s 24 hours in a day. Most likely, all the things you want to do are not possible and you have to make an informed choice. The more you reflect, the more you will understand yourself. Remember to treat yourself as you’d treat a person you love. Know when to push yourself harder and when to take a necessary break.

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Balancing Mental Health B Y

A A Y U S H I

P A T E L

At the same time, you do not want to compromise your goals. This is how I do it: 1) Don’t keep a positive mindset- In contrast to what most people believe, I think a positive mindset is a pathway for false hope and high expectations. Instead take a pragmatic and practical approach. Don’t lie to yourself. 2) Plan- While being flexible to new opportunities is crucial, have some goals or milestones in mind so that your brain can be conditioned to function purposefully. 3) Try not to linger on your mistakes. Procrastination and getting distracted or making mistakes can be regretful; that is normal. Try not to spend too much time lingering on and overthinking what has already happened. Every student operates differently. Every person has their own way of getting things done. Taking breaks or maintaining your mental health is not unproductive; it will fuel you and refresh you. In the end the best way to balance these essentials is to become more self-aware. I would love to keep this discussion going and connect with other people: https://www.linkedin.com/in/aayushi-patel-4a077b1a5/

" There’s no formula or script to follow when one tries to balance goals and mental health- do what works for you and remember that all your hard work is no good if your mental health is compromised."

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Law School Gradman! Help Gradman graduate with a law degree by guessing the latin legal phrases below. Every incorrect answer brings Gradman's grade below a HD, so beware the N grade scholar!

1. Other things equal

_______ _______ 2. In good faith

____ ____ 3. May you have the body

_____ _ ______ 4. Reason for the decision

_____ _________ 5. For good

___ ____

Gradman Grades

HD

D

C

P

N

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Netflix & Learn B Y

M A L A I K A

N A M B I A R

The influence of media on our beliefs and perspectives can never be ignored or disregarded. Like many before, I have always been privy to a good crime film that holds a witty, twisted, 'chip on the shoulder' detective as the axis of a colourful, action-packed plot-line. Even my decision to pursue law school may have been vastly influenced by my midnight marathons of Suits and Primal Fear among other such phenomenal movies and shows. But at what point do we draw the line on accepting media material as gospel, considering the fact that we are assessing the legal system from a fictional character's point of view. How accurate is the entertainment industry in portraying the professional arc of a green, 'fresh out of school' lawyer or the unfolding of a sensitive, high-profile case in the hands of an edgy, whip-smart lawkeeper. Mass media perpetually glamourises occupational roles played in society, to amplify the entertainment value of each character; and it overestimates the professional trajectory of law graduates, associates, and the many layers that lay within a law firm. For the most part, dramatisation of such roles is warranted. Why else would we watch 23 episodes of Suits in one sitting, if Mike Ross and Harvey Spector did not make the wordy fundamentals of Property Law and Contracts look like an action packed chase of wits and glamour. Growing alongside technology, our perceptions can be co-dependant on the 'Netflix' academia and other such technological sources of entertainment without even realising the depth of its influence, which can lead to a preconceived notion that is false or misleading. The entertainment industry imprints on our natural values and perspectives, altering our understanding of what these professions would turn out to be. Therefore, the degree of creative liberty assumed by many films and shows cannot be disregarded as 'simply necessary' fluff. The rose-tinted glasses gloss over critical elements of the measures taken to build a case, such as the tediousness of legal research, combing through eons of history on anything and everything that affects the client, interpretation of weighty jargon, paperwork, paperwork, and more paperwork!

Opposing popular belief, a large percentage of solicitors spend more time behind a desk than before a Judge fighting the good fight like the on-screen lawyers we love to love. In fact, most cases require a multitude of steps such as Dispute Resolution before it sees the light of a trial. After which its duration can range from a few days to forever. In my opinion, the bedazzlement of onscreen law has a far more subliminal effect on the legal sphere than just the unrealistic expectations created by the entertainment industry, through Hollywood heartthrobs and million dollar lawsuits. Moviemakers water down the intricacies and intellectual facets of immersing oneself in law by glamourising the surface level image of the industry. The slow burning process of applying and challenging decades of statutes, legislation, and cases with tact and acumen, carries so much more intrigue, value, and entertainment than any audience could ever imagine.

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Netflix & Learn B Y

M A L A I K A

When Mabo v Queensland (No 2) altered the very law on which Australia was colonised, paving the way for Indigenous people across the country to claim traditional rights to un-alienated land, it was the decade long legal battle of legislative recourse that contributed to the weight of the case.

N A M B I A R

I am still a huge fan of 'Law Crime' movies and will probably be one for a very long time, but I have learned to understand that the nuances of my favourite films are to merely inspire or entertain. It will never be able to capture the gritty action of Law, because that will always be the suspense of the plot that only us law geeks know.

Katie Sheahan, a single mother of two fought in Family Court to be reunited with her youngest, without any legal counsel. It was Justice Robbie Flohmm who tactfully walked a delicate tightrope between ethics and obligation to deliver on ethical justice without compromising the virtues of fair trial and truly appeared to be a heroine worth admiring and idolising. As you trudge through the muddy trenches of the 'Priestley 11s ', the legal jungle begins to look a lot more like what it is. It is a game of using knowledge, application, and cunning to outsmart the opposing party before they achieve the same goal. Learning the law begins to look a lot more interesting than the Dolce & Gabbana laden words of a lawyer that animatedly negates the fundamentals of true law in a seven episode series. The dilemma we mull over is not whether the entertainment industry is inherently wrong or the legal industry is inherently right. The crux of the matter is how we see one or the other as they intertwine, or how we recreate what the other side looks like, but with half baked information and a finger's depth of understanding abouthe industry's workings.

" The slow burning process of applying and challenging decades of statutes, legislation, and cases with tact and acumen carries so much more intrigue, value, and entertainment than any audience could ever imagine."

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What's the Verdict? Read the facts for the case provided below and guess the verdict. AREA OF LAW Contract; remedies for breach; specific performance; discretionary nature of remedy; adequacy of damages.

CASE JC Williamson Ltd v Lukey and Mulholland (1931) 45 CLR 282

FACTS Williamson operated a theatre in Melbourne and owned a confectionery shop next door to the theatre. Williamson leased this shop to Lukey for five years. As part of the deal Williamson granted Lukey an exclusive right to sell sweets in the theatre itself. Lukey exercised this right for three years. Then Williamson allowed another person to sell sweets in the theatre, claiming that it had not been agreed how long Lukey would have an exclusive right to do so. Lukey sued Williamson for breach of contract, asking for various remedies, including an order of specific performance of his exclusive right.

ISSUE Would the court order specific performance of the exclusive right to sell sweets in the theatre?

case summary derived from http://www.alcware.com/fpbldemo/Cases/jc%20williamson.htm

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And the Verdict is... The Court ruled in favour of the defendant. Lukey was to be satisfied with a claim for damages for breach of contract. Specific Performance was denied. REASON In contracts where both parties owe repeated duties of performance, one party will not be ordered to perform specifically if the performance they are owed in return cannot also be guaranteed without continued supervision by the court. The exclusive right to sell sweets in the theatre involved repeated acts by both parties and this would have required constant supervision. The courts cannot efficiently provide such supervision. Therefore, Lukey was compensated for damages issued due to breach of contract but was not awarded damages on the basis of specific performance. case summary derived from http://www.alcware.com/fpbldemo/Cases/jc%20williamson.htm

36


Cross Laws 'Legal Terminology'

37


Virtual Academics B Y

N O M V U L A

N D H L O V U

I started university in February 2020, I was so excited and ready to experience the university life, I was excited about going to campus and meeting new people. I only got to enjoy face to face learning for 1 block and then we went into lockdown. I was very anxious, and I did not believe I would be able to study online. I felt that I would not be motivated to attend classes, or actually study. I never pictured my university life to take place online. Having to study through the block mode online was extremely hard. I had to ensure I woke up and I had my laptop set up and I was ready for class. Having to do exams online was strange but I think I prefer online exams. Eventually as the year went on I got comfortable in doing online studying , the block mode was still intense but was manageable because I felt like I had all the time in the world to study and to do my assignments. This experience taught me to plan my days, to remain focused and remained myself why I am studying law, and to push myself to remember this is my passion and the work I put in will all be worth it. So, for everyone starting their first year this year and their first block online, it is okay. I wish everyone the best, just stay focused and study hard. Stay on top of your assignments and prepare well in advance for your exams each and every block. All the best everyone!

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Word Wheel Literacy and good vocabulary is a major plus in getting through law school and as you go through the legal industry. Practice your skills by using the word wheel to forms as many words as you can! Try and use all the letters to achieve a Word Wheel Win!

Alright, repeat after me class! 'Sue first or be sued! '

The Legal Doodler

kcotSnootraC aiv nordawhcS yelraH ©

Tort Law: Session 1

We believe all law students have a little funny in them. Our dark sense of humour is the reason why we choose law school in the first place right? (Some of us are still crying).

If you wish to put that funny bone to good use, send us over your funniest takes on law school, lawyers, legislation, basically anything law! Dictum will feature your iconic gags in 'The Legal Doodler' spread.

Get cracking readers!

LAW SCHOOL GRADMAN ANSWERS: 1. Ceteris parabis 2. Bona fide 3. Habeus corpus 4. Ratio Decidendi 5. Pro bono

CROSS LAWS SOLUTION: 1. Sustained 2. Direct Examination 3. Cross Examination 4. Indictment 5. Overruled

6. Arraignment 7. Motion 8. Appeal 9. Acquittal 10. Verdict

11. Your Honour 12. Information 13. Objection 14. Conviction 15. Mistrial

16. Sentence

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Under the Covers The magazine cover of the Obiter 2021, Issue 1 was created using a myriad of illustrations from the elements of Canva. The vision behind the cover was to showcase the influence of literacy on the legal sphere. Reading, writing, and oration prove to be powerful tools when used in a way that celebrates the script than just applying it to sound profound.

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Thank You Sponsors! The magazine has been published by Dictum Society, sponsored by The College of Law and Leo Cussen.

295 Queen Street, Melbourne 3000 Victoria University


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