Obiter Issue 4 2021

VICTORIA UNIVERSITY DICTUM SOCIETY

ISSUE NO. 4 DEC 2021

OBITER OBITER OBITER THE

DICTUM SOCIETY'S OFFICIAL MAGAZINE

SPACE LAW TREATIES! Know more about the laws that govern laws in outer space1

LAWS OF MOTION A satirical poem on a crime committed in space and a criminal thats truly out of this world!

THE BLOCK EXPERIENCE Activities Director, Arvin shares his journey through block model mid lockdown !

THE LEGAL TOOLBOX! Mentor and Lawyer, Liz Chase shares the ondemand skills that up and coming lawyers msut have in their arsenal

“It's unlimited what the Universe can bring when you understand the great secret that thoughts become things" ― Unknown

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Acknowledgement Acknowledgement of Country Country of 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.

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CONTENTS Acknowledgement of Country....................................................................................................3 Dear Reader.........................................................................................................................................5 The Introduction................................................................................................................................6 Dictum Membership Packages ...................................................................................................7 Dictum Committee............................................................................................................................8 Space Law..............................................................................................................................................9 Outer Space Treaties ....................................................................................................................11 The 'Block' Experience .................................................................................................................12 The Seasonal Existential Crisis..................................................................................................15 More Abour Space Laws...............................................................................................................18 Wall of Dicrum..................................................................................................................................19 The Legal Toolbox ..........................................................................................................................20 Laws of Motion.................................................................................................................................26 Wall of Dictum .................................................................................................................................28 Tears for the Gaeled.......................................................................................................................29 Whats the Verdict ..........................................................................................................................30 Getting LinkedIn to Your Dream Career ..............................................................................31 And the Verdict Is ...........................................................................................................................33 Law School Gradman.....................................................................................................................35 Cross Laws..........................................................................................................................................36 A Lawyers Conundrum ................................................................................................................37 Dictum Criminal Moot 2021 .......................................................................................................39 .Word Wheel (And Solutions.......................................................................................................40 Obiter Issue Covers 2021..............................................................................................................44 Sponsorship List...............................................................................................................................45

Dear Reader Dictum Society has completed another year with its members and it has truly been a memorable experience!

As Director of Publication, I have flourished under the opportunity of creativity and independence. This magazine has played a valuable role in educating me, challenging me, and most importantly allowing me a creative outlet to make law school feel just a little bit more vibrant.

Many of the articles were written by like-minded students, lawyers, mentors, and friends. All of whom contributed priceless stories and knowledge to this magazine. I express my honest gratitude for their efforts.

Most importantly, thank you to all readers of the Obiter. Without you, the Obiter would have no value.

As I will be returning as Publications Director in 2022, I look forward to many more Issues with new and existing members to make this Society feel like friendship.

With a hopeful heart, we sign off for the year and present to you the final Issue of the Obiter.

Yours Truly, Malaika Nambiar Publications Director

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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:

VIP MEMBERSHIP

$15

Includes:

Access to our exam prep sessions

Access to our exam prep sessions

Access to the Society’s exclusive social

Access to the Society’s exclusive social

events

events

Access to free food during social events

Access to free food & tap during social

Eligibility to participate in mooting

events

competitions

Eligibility to participate in mooting

Access to exclusive careers events and

competitions

programs

Access to exclusive careers events and

Access to exclusive networking events

programs

Access to our 2021 Careers Law Guide

Access to exclusive networking events

Eligibility to be mentored in our Peer 2 Peer

Access to our 2021 Careers Law Guide

mentoring program

Eligibility to be mentored in our Peer 2 Peer

Eligibility to become a Dictum Society

mentoring program

volunteer

Eligibility to become a Dictum Society

Eligibility to partake in our Leadership

volunteer

training programs , such as Speech Master

Eligibility to partake in our Leadership

Eligibility to partake in our society’s

training programs , such as Speech Master

competitions such as the Writing

Eligibility to partake in our society’s

Competition

competitions such as the Writing

Discounts tickets to our Law Ball, Trivia night,

Competition

Halloween dress up party, movie night &

Bigger discounted tickets to our Law Ball,

many more!

Trivia night, Halloween dress up party,

Eligible to make submissions to the Society’s

movie night & many more!

student publications The Obiter & the E-

Discounts on any merchandise

Newsletter

Priority given to VIP members who are on

Receive a Membership pack full of goodies !

the Peer Mentoring waitlist

(may be available when campus opens)

Eligible to make submissions to the

Most importantly, to be a part of a student

Society’s student publications: The Obiter &

team dedicated to making your law school

the E-Newsletter

experience the best !

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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DICTUM

COMMITTEE '21 PRESIDENT Aayushi Patel

VICE-PRESIDENT Falak Sakak

DIR. ACTIVITIES Arvin Ravindran

DIR. EDUCATION Nomvula Ndhlovu

SECRETARY Farriz Roslan

TREASURER Barsha Bhandari

DIR. COMPETITION DIR. PUBLICATIONS Jakob Hunt Malaika

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Space Law Have you ever wondered if the boundless realms of outer space is governed by laws?

Could you escape the cuffs of legal implications if you're on a space shuttle committing a crime that is out of the world (pun intended)?

Space, like the high seas, is considered res communis – it belongs to everyone and to no one, nor can any country lay claim to it.

Space is governed by five key international treaties, known informally as the Outer Space Treaty, the Rescue Agreement, the Liability Convention, the Registration Convention, and the Moon Agreement (their formal names are much, much longer). All are under the auspices of the delightfully named United Nations Office of Outer Space Affairs.

Have you e ver w onde red if outer the b spac ound e is g less r overn ealm ed by s of the c laws? uffs o Could f lega you e l imp licatio scap shutt e ns if y le co ou're mmit on a ting a s p c a r im ce (pun e tha inten t is o ded)? ut of the w orld

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Outer Space Treaties The "Outer Space Treaty" Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies Adopted by the General Assembly in its resolution 2222 (XXI), opened for

The "Rescue Agreement" Agreement on the Rescue of

signature on 27 January 1967, entered

Astronauts, the Return of Astronauts

into force on 10 October 1967

and the Return of Objects Launched into Outer Space Adopted by the General Assembly in its resolution 2345 (XXII), opened for

or n" ty f bili ntio a e i v L on al ion ty C nat bili cts ter Lia bje n " I on e O The c n ts a o i in i Sp nt by bly nve em ed Co s s s u Ca al A ge ner or ma Ge d f e Da h ene p y t o b ed red VI), opt nte (XX Ad 2, e 777 7 2 9 1 tion rch olu Ma 2 res 29 197 n o ber ure em t t a p n sig 1 Se on rce o f into

signature on 22 April 1968, entered into force on 3 December 1968

The " Resc ue A gree ment " Agre emen t on the R escu Astro e of naut s, the Retu rn and of As the R trona eturn uts of O bject into O s Lau uter nche Spac d e Adop ted b y the Gene ral A resolu ssem tion 2 bly in 345 its (XXII ), signa open ed fo ture on 2 r 2 Ap ril 196 force 8, en on 3 tered Dece into mber 1968

The "Mo on A gree men Agre t" eme nt G over ning Stat the es o Activ n th e M ities o on a of Bod nd O ies ther Cele stial Ado pted by t he G ene reso ral A lutio ssem n 34 bly in /68, o its on 1 pen 8 De ed f or sig cem ber natu 1979 re forc , ent e on ered 11 Ju in ly 19 t o 84.

ts t" of au en e n u m d ro sc st ee he A Re gr nc A e of u h e t La rn cu its tu on ts es t in Re ec j "R en e ly b e h m b O , t Th ee em of ts r gr ss rn au A A fo to u n l t in ro ra ed ce Re e st n a ed n e e r A p e p S th te G , o d er en e II) an ut th X 8, 6 O y X ( b 19 5 to il in ed 8 34 pr pt 2 A 96 o n 2 r 1 d 2 io e A t b lu on em so e re ur ec t D a 3 gn si on e c r fo

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The 'Block' Experience B Y

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R A V I N D R A 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 Due to COVID, everything had shifted to weeks. I found it incredibly challenging online learning which made it harder to to keep up with work as I was not a very adapt personally. Since I returned to organised student and would have a University, I was more invested in large pile of assessments all due in the classes and got more involved than I had same week. done previously. However, when we After struggling for a couple of years I transitioned to online learning, I felt less involved and at times falling back to old had the opportunity to start again in 2019 in a new course which was when I habits of not turning up to classes.

Online learning was difficult but as I found out about the Block Model at Victoria University. The model is a four- became aware that it was likely going to last a while, I decided to ensure that I week block that allows students to focus on one unit at a time rather than would make the most of it. having four units at once. However, it was more intensive as in most units there would be weekly assessments and an exam.

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 Personally, I had been craving to start for each unit that I was enrolled in. This my higher education journey again, and allowed me to engage with other students who gave me lots of support my time off had changed my perspective and allowed me to mature. throughout the year. Another crucial aspect is speaking up and if you are not The Block Model was one of the best aspects of university as it allowed me to comfortable emailing your lecturers. It focus on a unit and complete it before I will always be daunting to speak up in front of 20 of my peers but most of the had to think about another. I started time others would ask the same achieving higher grades and was questions that I was unwilling or nervous eventually able to transfer into my to ask. dream course in 2020.

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The 'Block' Experience B Y

A R V I N

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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.

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.

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 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."

The Seasonal Law School Existential Crisis My first case as a lawyer was at the tender age of four. In my final year of kindergarten, I came in dressed in a makeshift black robe fashioned out of my mum’s old tablecloth. I marched into my school’s annual fancy dress competition with a lawyer’s arrogance, my pretend criminal and fellow friend in tow to sell my dramatic narrative. I had a scrunched up paper in the pocket, filled with elaborate dialogues written by my mum, her favourite crime films an inspiration for the gasp-inducing, tear jerking lines for the spectators in my class.

When I finally stood before the Judge, the courtroom was moved and the criminal sent to prison as that evening I came home as the first prize winner and proud owner of a bright, red double decker lunchbox. But more importantly, I had gained an unwavering confidence in the belief that I would simply become the best lawyer of the century a handful of years down the line.

Today I am 21. My dreams remain the same, my penchant for dramatic speech still constant and the makeshift black robe a nostalgic inspiration for what I always hoped to be. But somewhere along the line, I lost a hold of the unwavering confidence that had me believe in my capability of achieving my

dreams and aspirations. I refer to this as the seasonal law school existential crisis that almost all of us have loyally subscribed to over the years.

As students in a competitive industry, it is not surprising for many of us to periodically develop a negative attitude towards our capabilities and achievements especially since we have been taught to measure our progress by comparing our strengths and weaknesses to others. I have on so many occasions caught myself feeling

The Seasonal Law School Existential Crisis inadequate and missable in a sea of straight A’s, awards, and glittering resumes. Unlike four year old me who never doubted the prospect of victory, I was consumed by insecurities hand picked over my formative years to create a person who is full of doubt and indecision.

And that might just be where the problem lies. We look at kids and their way of seeing things as childish, like there is no strength in wholeheartedly believing in yourself. Instead, we should learn from the kids we were. and embody the same confidence when we work hard and go above and beyond to pursue these goals.

I have learnt over time a very obvious and straightforward truth. I am not anybody else but me. I am on a path no one else can take. Therefore, my experience through law school and any other dreams that come along the way will not follow the same trajectory as any other student.

There are days that I feel demotivated and unsure of my ability to manoeuvre my way through law school.. It is on those that I remind myself of the four year old in a black tablecloth for a robe convinced of her legal prowess. if I can emulate a percentage of that confidence through my experience, I am halfway there to my end goal.

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More About Space Laws

Of the five international agreements previously mentioned, the Outer Space Treaty (1967), Rescue Agreement (1968), the Liability Convention (1972), and the Registration Conventions (1974) substantial clarification is required to apply many principles. The application of which would affect space activities and issues, such as satellite servicing, tourism, space traffic management, or mitigation of space debris. Furthermore, the Moon Treaty (1979) has very few signatories to be adequately effective.

Since the 1970s limited multilateral agreements have been developed to improve upon these principles. Non-binding norms have been relied upon instead due to the convenience of putting forth such principles regardless of their effectiveness.

Considering the fact that intergovernmental organisations are rapidly evolving in today's day and age, the need for such development is all the more important. Especially since, many aspects of the global space governance framework were a product of the Cold War.

The case of NASA Astronaut, Anne McClain is an example of circumstances that raise the question of outer space jurisdiction.

Ms McClain was accused of accessing financial accounts of her partner, Summer Worden with whom she shared a bitter separation.

McClain argued that she had merely done what she had always been authorised to do by Ms Worden, as Ms McClain intended to financially care for Ms Worden's child.

The issue of which laws would have jurisidiction over the case and its evidence was a significant question raised. For example the question of whether outer space records of Ms McClain accessing the financial accounts on the space shuttle could be subpoened arose at th time.

H E L D Natio nal ju risdic tion a pplie treati d in th es. M is ca s McC se as lain w expe a an in s acq cted vestig uitted by th ation e o f all c again harge st Ms falsif s . How Word ying ever, en w state as pu ments rsued provid for ed to the fe dera l auth oritie s.

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Wall of Dictum

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D I C T U M S O C I E T Y I N A F F I L I A T I O N W I T H L E O C U S S E N P R E S E N T S

The Legal Toolbox T O P

S K I L L S

E V E R Y

F U T U R E

At Leo Cussen we warmly congratulate all recent law graduates on reaching the summit of a momentous climb.

The endless readings, late nights and coffee addiction were all worth it. You have developed skills in analytical reasoning, critical thinking, ability to understand and express complex concepts and a vast array of legal knowledge. In your journey you probably had to overcome moments of selfdoubt and stretch yourself beyond your comfort zone as you embraced these new perspectives. And the effort has been worth it, not only because of your degree but because of the person it has helped you become. You flexed your mental muscles and developed grit, a skill you can draw on in all aspects of life, in the practice of law and beyond.

Despite the doom and gloom about an oversaturated job market for graduates and newly admitted lawyers, there has quite possibly never been a more exciting time to enter the legal profession. Traditionally slow to change, law is not immune to disruption.

The rumblings of change have been on the cards for quite some time.

Initially it was spearheaded by visionary outliers who had the courage to look beyond their context to see what was

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happening in other industries. More recently, agility, innovation, and change have become mainstream concepts as the profession was forced to adapt in the context of a global pandemic. Things that once seemed impossible such as online hearings and remote work have become common place.

Culturally this has shifted the collective mindset of the current custodians and leaders of the profession and expanded their perception of what is possible.

This also means that enlightened leaders recognise that you, the future of law, bring unique skills and perspectives to the practice of law. Not only because of your awe-inspiring status as digital natives but also because of skills, knowledge and insights gleaned about the world before becoming too constrained by precedent and tradition. Mentoring in this new context has become a two-way street.

D I C T U M S O C I E T Y I N A F F I L I A T I O N W I T H L E O C U S S E N P R E S E N T S

The Legal Toolbox T O P

S K I L L S

E V E R Y

F U T U R E

So, where does your value lie? And how can you ensure that you thrive in your future career?

Without significant legal experience, I suggest that the skills, mindsets, and attitudes you bring to the practice of law are what will help you not only contribute, but also derive satisfaction and meaning from what you do and contribute in the most impactful way. Specifically: Curiosity: The late Shunryu Suzuki wrote about the concept of Shoshin in his book “Zen Mind, Beginner’s Mind”: “In the beginner’s mind there are many possibilities, but in the expert’s mind there are few.”

As you progress in your career, you will gradually increase in your confidence and expertise as you practice the art of lawyering. You will apply precedent, follow rules, and defer to authority. As you develop this sense of competence, do not be afraid to revisit the place of not knowing and question everything. Stay curious and be open to new possibilities.

Look up and look around, learn voraciously about the context within which you practice and continue to embrace possibilities and opportunities.

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Adaptability: Change is the only certainty. Law firms of the future need people who can adapt to changing circumstances and environments.

Historian and futurist Yuval Noah Harari states that to stay relevant – not just economically, but above all socially – one will need the ability to constantly learn and to reinvent oneself. One will need a lot of mental flexibility and great reserves of emotional balance. This means being resourceful and enterprising to embrace new ideas. Rand Spiro describes cognitive flexibility as “the ability to spontaneously restructure one’s knowledge in adaptive response to radically changing situational demands.” Consider how you can be sufficiently versatile to respond to novelty.

AVAILABLE ON THE DICTUM SOCIETY WEBSITE

D I C T U M S O C I E T Y I N A F F I L I A T I O N W I T H L E O C U S S E N P R E S E N T S

The Legal Toolbox T O P

S K I L L S

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F U T U R E

Self-awareness: Objective analysis and evaluation trump knowledge in the information age. It is a problem that much of our thinking is clouded by unconscious bias. In other words, decisions that appear rational and considered are affected by blockers such as: Confirmation bias (evident in social media echo chambers for example).

A fast-paced lifestyle leading us to fall into what behavioural economist Daniel Kahneman would refer to as System 1 (short-cut) thinking.

Cultural Conditioning.

Labels.

Black and White Thinking.

Halo Effect.

Hindsight bias, etc.

Lawyers of the future need awareness of bias that affects them so they can see more clearly and make better decisions. A great place to learn about cognitive bias is Daniel Kahneman’s book, “Thinking, fast and slow”.

Empathy: Samantha Power, former U.S. Ambassador to the United Nations, once said that: “All advocacy is, at its core, an exercise in empathy.”

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Being able to stand in the shoes of others is essential to effective lawyering. This does not mean, taking on your client’s problems as your own, or becoming clouded by sentimentality but rather considering how another person may perceive or experience a problem or situation. Such a perspective will certainly help you deliver your services in a more client-centric way. It may also help you help your client resolve disputes more readily and advance commercial matters more efficiently as you pre-empt questions or concerns the other party may have in a contract negotiation, for example.

Values: In a rapidly changing world, values are our anchor and what grounds us. Take your ethical obligations and commitment to the higher road seriously and let it be your guiding light. Reflect on and develop your character so that you can embody the change the world needs. On your path, there will be many shiny objects, which may divert you from your path. But, by recommitting to your purpose and values regularly, you can stay true to yourself and have a greater chance of contributing in a way that both delivers and derives meaning. In the beginning, you may not know your purpose, but you can certainly develop a picture of who you want to be in

D I C T U M S O C I E T Y I N A F F I L I A T I O N W I T H L E O C U S S E N P R E S E N T S

The Legal Toolbox T O P

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the broadest sense and start from there.

As you see, the practice of law offers much more than the ability to offer legal advice, negotiate a transaction or advocate in court. With the right mindset, it can also be the context for your own journey towards self-actualisation with the great news being the greater person you become, the more effective a lawyer you can be. And, if you are worried that you are not cut-out for the practice of law, don’t. The profession is a broad and roomy one with opportunities well beyond private practice including public policy, legal innovation and operations, in-house counsel opportunities and more. At Leo Cussen, we look forward to being your partner in transforming the profession, knowing that all change comes first from within.

BY LIZ CHASE Leo Cussen Mentor & Lawyer

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If you are finishing up law school and want to reserve a time to discuss your future PLT feel free to book a chat to ask anything you are unsure about the course. Alternatively, you will find our PLT guide has plenty of information.

Enrolments are open and filling fast. Completing our enrolment form submits your application for PLT and reserves you a place in the course.

This form does not commit you to the course and you are still able to cancel your enrolment should you wish to do so.

Leo Cussen Chat online: https://www.leocussen.edu.au/practical-legaltraining/chat/ PLT Guide: https://www.leocussen.edu.au/practical-legaltraining/guide/ Enrol below: https://www.leocussen.edu.au/practical-legaltraining/enrol/

D I C T U M

S O C I E T Y

Laws of Motion A body rests or maintains motion; unless so derailed by an external force

And such we see ocean waves rush in tandem; until they kiss the grey rocks and gold shores

This the crimsoning astronaut learns as he stares; At the once moving body lying motionless and cold.

His eyes dart from victim to the weapon; As a crime out of the world had begun to unfold.

He could already picture the headlines back on Earth; Murderous astronaut turns ET: Extra Terror

The media would paint him red and the people black and blue; As his face lost colour thinking of his error.

Newton's second law of motion states, A body accelerates when there is applied force

And such we see the ocean waves fall back like war soldiers when masses of grey gold accelerate and alter their course.

This the marooning astronaut used to rationalise his actions; As he stared daggers at the blue German who had decided to die

For it really was his taunting red, bloody words; That forced him to throw at his face an accelerating cherry pie.

Who knew blood-red cherries were his weakness and allergy; He was simply trying to quell his internal uproar.

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Laws of Motion In that shuttle, he may as well have traveled lightyears with the German; Yet the German had the audacity to call his company a bore.

The German had become puffy and blue with purpling cherry colouring into blanks of his lifeless face;

As the red-handed Astronaut carried the shuttle back to the blue green ground.

His face and his landing, an epitome of grace.

Every action has an equal and opposite reaction; The laws of Sir Newton put forth this notion.

And such we see when frothy blue waves bounce back in gasps; As the waves push forward at the shores and the shores push back at the ocean.

This the blushing astronaut learned as the laws of the Earth; Heard his three laws of motion as a defense in Court.

The Prosecutor pushed back with the same yet opposing arguments; He said, 'Actions have consequences' is what Newton's third law purports.

How strange are the overlapping principles of different worlds and factions; That turned the Astronaut from a physicist to the suspect to a guilty man.

Who knew subjective laws could be so different yet similar; Who knew the gravity of laws the way the German and the cherry pie can.

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Tears for the Gaoled

Some of you may be avid followers of cold case crimes or just about any intriguing crime show out there on Netflix or YouTube. I usually try and solve the case using my own deductions, safely from my couch. It’s all harmless fun, but I have never considered what happens to the convicted perpetrator. How does he spend, in some cases, a lifetime in gaol?

Recently I’ve read an article about a prisoner who served seven years of his ten year sentence, murdered by another prisoner at his medical check-up. Yes, he’s a “baddy”, gaoled for aggravated assault, but getting killed before his release?

Should we as law abiding citizens worry about the safety of criminals? I don’t think people care much about prisoners, since they live in surreal parallel world.

As a community we rally against injustices but have we ever rallied for a murdered convicted perpetrator? Does a prisoner deserve the same respect and outrage in our community?

I cannot answer that, but I can empathise with the loved ones waiting for the release of a family member only to see a coffin. These people will never see their loved ones again, no more visits, no hope for that release day.

Now for another cup of tea as the next episode of Forensic Files start without so much as a prompt from the remote.

RP Aspiring Author

What's the Verdict?

Read the facts for the case provided below and guess the verdict.

AREA OF LAW Contract; essential terms; conditions and warranties; termination of contract

CASE Associated Newspapers Ltd v Bancks (1951) 83 CLR 322

FACTS The Plaintiff contracted with the Defendant to draw a comic that would be displayed in full on the front page of the newspaper every week.

The Plaintiff did not always display the comic on the front page.

The Defendant stated that the Plaintiff had breached the contract and that therefore he would be terminating the contract.

The Plaintiff sought an injunction, arguing that displaying it on the front page was not an essential term.

ISSUE Was the obligation to display the comic on the front page an essential term, and had the contract been repudiated?

case summary derived from https://lawcasesummaries.com/knowledge-base/associatednewspapers-ltd-v-bancks-1951-83-clr-322/mo/Cases/jc%20williamson.htm

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And the the And Verdict is... is...

Verdict The Court ruled in favour of the defendant.

Bancks was entitled to terminate the contract due to Associated Newspapers Ltd having breached the contract.

HELD Displaying the comic on the front page was a condition, not a warranty.

The Plaintiff has three obligations under the contract: 1) to display the comic, 2) on the front page, 3) every week.

The Plaintiff had breached #2, which was an essential term.

Therefore the Plaintiff had repudiated the contract and the Defendant was entitled to terminate the contract.

QUOTE The plaintiff would not have employed the defendant unless it had been assured that the defendant would perform his promise, and the defendant would not have made the promise unless he was assured that his work would be published in a particular manner”

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

20

Law School School Law Gradman!

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. To move a Court hearing to another time or day.

_______

2. A payment or other benefit that is received once a year.

_______

3. The way things are now.

______ ___

4. Instead of

__ ____ __

5. The mental ability, good memory and understanding needed to make a will

____________ ________ Gradman Grades

HD

D

C

P

N

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D I C T U M

S O C I E T Y

Cross Laws

Credit to respective sources: https://wps.pearsoned.com.au/lsp-2/69/17916/4586630.cw/content/index.html, https://www.nine.com.au/quizzical/160510australian-law/f66fd50e-195a-40b7-bb72-a35754e7166c, https://this.deakin.edu.au/self-improvement/why-cant-we-resistconsumerism-at-christmas

27

D I C T U M

S O C I E T Y

A Lawyer's Conundrum The lawmakers were rattled but their mask remained unmoved, Lips coated with unbias, their judgment set the truth.

The mother wept for justice, her boy now kept under Earth. The other half of the courtroom showed, the Lawyer with a man unhurt.

An innocent victim, a guilty man, a house of maxims and watchful eyes, To weigh the proof and weave the laws, to pass decisions on their demise.

That night the Lawyer laid awake, questioning if justice was truly delivered, While the murderer lay warm in bed and the boy under Earth shivered.

Heavy lay the head that wears the duty of serving citizen's justice, and heavier still for law-keepers that embody laws and trust it.

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D I C T U M

S O C I E T Y

A Lawyer's Conundrum With an unraveled spool of troubled thoughts, the lawyer stood before lady justice, questions in mind. Have I play the role of law-keeper, if I fought for the wrong side?

The lady sighed, the lady saw, the lady smiled a woeful smile. She placed the balance on the ground, for she'd awaited this question a hopeful while .

Dear lawyer, you are not a justicekeeper, but a keeper of all laws designed. You are not the people's messiah, but the vessel of laws you find.

You seek the truth and not true justice, For if you did, you'd truly trust it.

Don't just chase the right, you may run into the wrong. But be a lawyer in honest, justice will follow along.

-- By Malaika Nambiar

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Dictum Moot Winners 2021 JUNIOR MOOT WINNERS Aimee-Ellar Bye Adrian Jones SENIOR MOOT WINNERS Falak Sakak Malaika Nambiar Manraj Kaur COLLEGE OF LAW NEGOTIATIONS COMPETITION WINNER Knowledge Tom Chimusoro Wasif Khan LEO CUSSEN EXHIBITION MOOT WINNERS Falak Sakak Malaika Nambiar Manraj Kaur SNH WITNESS EXAMINATION WINNERS Fiona Fu

Word Wheel

B

S

L

R

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!

K C

Alright, repeat after me class!

'Sue first or be sued! '

© Harley Schwadron via CartoonStock

Tort Law: Session 1

H

A

The Legal Doodler

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. Adjourn 2. Annuity 3. Status quo 4. In lieu of 5. Testamentary capacity

CROSS LAWS SOLUTION: 1. Incorporated association 2. Balance of probabilities 3. Intestate 4. Legally binding 5. Pro bono

6. Conesnt 7. Jurisdiction 8. Debt, Money owed 9. Appellate Jurisdiction 10. Litigants

11. Acquit 12. Indemnity Costs 13. Alibi

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D I C T U M

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Under the Covers

Issue No.4 marks the last but not the least of this years Obiter series. The inspiration for this series was Space laws. Peppered throughout the magazine are tidbits of information on the Space laws that may apply to outer space crimes or activities.

The colour scheme of the magazine and the cover are a nod to planet Mars merely to create the aura of a land or planet unknown to us.

As space laws is an ambigous topic, there is hope that this Issue will be the first of many to ignite the discussion on outer space governance.

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Thank You Sponsors!

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