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Et Cetera EDITOR-IN-CHIEF Karthik Maganty EDITORS Alex Doddridge Martin Krivosija Kevin Leung The Deakin Law Student Society wishes to thank: Mr. Theo Alexander, The Hon. Frank R.Gucciardo, Mr. Ben Hayward, Jonathon Margeridis, Katherine Hayes, Tom Jessup, Mia Lenzi., Josh Shub, Alex Burgress, Allens Linklaters, K& L Gates and King & Wood Mallesons..

CONTENTS 04 - 07

8 - 13

04 06




Foreword from Editor -in-Chief Judges Have Sense of Humour too... DLSS President’s Address



Practising Law: What Ricky Nixon can Teach the Ordinary Member of the Public In Need of Aid

20 - 29

30 - 39

20 21 22 24 28 29 30


LIFESTYLE The Worldy University Beat Down Study: Find Your Way Coffee: A Law Students Best Friend! Album Reviews To Vino or Not to Vino? Food Review Travel Tips your Mum won’t Give you Because She can Never Remember what Wifi is

34 36

What it’s like to work at K&L Gates Dispute Resolution at KWM A Day in the Life of an Energy & Resources Lawyer at Allens A Day in the Life of a Lecturer Dispute Resolution at King & Wood Mallesons

42 - 45


44 46

Committee Profiles

ISSUES 14 15 18

Current Legal Issues The Judge’s Paradox: Uncertainty and Justice in the 21st Century Pharmacists, the New Casual Doctor


40 - 41


14 - 19


Perils of Dating a Non-Law Student Lost in Love

38 39

My Experiences in the Czech Republic A Day in the Life of a Lecturer


Hey Folks! My name is Karthik and I am involved with Et Cetera this year. I would like to begin by welcoming back all of the returning Deakin Law students as well as the JAFFY’s who are joining our Law School this year. Undoubtedly, it will be a challenge to return to study after almost four and a half months off (unless you are deranged and decided to do T3 like myself – in which case you will have had a mere three weeks off ) and I hope you are able to ease into it with the help of Et Cetera. For those reading Et Cetera for the first time it is a publication created by the DLSS for the benefit of the student body. It contains a combination of legal and non-legal articles and is aimed to encompass all aspects of the university experience. In our third edition and first of 2014 there are a number of articles that which I hope you find interesting and thought provoking. There are also some light hearted articles and quirky quotes and images for you to flick through. A personal favourite is the article entitled ‘The Perils of Dating a Non-Law Student’ in which the author highlights a number of problems that non-law students encounter when they are dating someone who is studying law. Before parting I wish to strongly encourage you to make submission to be included in our next issue. Not only is it a good idea from a career perspective to have an article included in your university magazine it is a great opportunity to work and form relationships with your peers. If you have any queries regarding the submission of articles for Et Cetera please do not hesitate to contact me at Wishing you success and nothing less in your endeavours during T1! Cheers, Karthik Maganty Editor-in-Chief 4 | ET CETERA | ISSUE ONE


JUDGES HAVE A SENSE OF HUMOUR TOO…. VINCENT JA: Perhaps not unsurprisingly, I find my own reasoning in Arundell quite persuasive and am comforted that other members of the Court agree that the decision was correct. -R v Roussety [2008] VSCA 259 GLEESON CJ: The deceased appears to have maintained simultaneous domestic establishments with all three women and their respective children. In terms of division of his time he appears to have given preference to Margaret Green, but it seems that he spent two nights a week, regularly, with the respondent and, at least according to her evidence, gave what she regarded as a plausible explanation of his absences. Presumably, over a number of years, he managed to achieve the same result with the other women. This is consistent with his apparent success as a used car salesman. -Green v Green (1989) 17 NSWLR 343 at 346. CALLINAN J: Mr Jackson, it seems to me that clearly the people at the party, including Ms Joslyn and Mr Berryman, went out with the intention of getting drunk. MR JACKSON: It would be a big night, your Honour, big night. CALLINAN J: With the intention of getting drunk and they fulfilled that intention. MR JACKSON: Well, your Honour, young people sometimes – - KIRBY J: I just think “drunk” is a label and I am a little worried about – it is not necessary to put that label. It is just that they were sufficiently affected by alcohol to affect their capacity to drive. MR JACKSON: Yes. KIRBY J: “A drunk” has all sorts of baggage with it. HAYNE J: Perhaps “hammered” is the more modern expression, Mr Jackson, or “well and truly hammered”. MR JACKSON: I am indebted to your Honour. KIRBY J: I do not know any of these expressions. McHUGH J: No, no. Justice Hayne must live a very different life to the sort of life we lead. KIRBY J: I have never heard that word “hammered” before, never. Not before this very minute. -Joslyn v Berryman S122/2002 [2002] HCATrans 573 (8 November 2002). MR GAGELER: That brings me to the little demonstration, your Honours. Your Honours ought have a bundle of material which is entitled “Demonstration of Online Betting”. HAYNE J: How much of this is on the CD? MR GAGELER: This is all on the CD, your Honour. On the CD it is - - KIRBY J: We had a Playstation shown to us in Sony and it was very exciting. Why did you not try that? MR GAGELER: This is more fun. KIRBY J: It is one of the most exciting things that has happened in my time here. -Betfair Pty Limited & Anor v State of Western Australia [2007] HCATrans 634. 6 | ET CETERA | ISSUE ONE

PRESIDENT’S ADDRESS welcome back all of you to another and services. Also stay tuned for fantastic year being a Deakin Law an exciting re-launch of the DLSS Student! website, enabling us to provide all students with more resources than If this is your first year at the ever before! University, I would like to warmly welcome you to the Deakin Law In thinking about how I would community and wish that next close this address, I thought few years of study provide to you back to an address I myself many memorable experiences heard in my first year of study by and lessons. For those returning in the honorable Justice Michael their later years of study, may the Kirby, and particularly his words, countdown to the finish line be as which resonated with me. The enjoyable as the years that came words which are still so clear in before it. my mind three years later were “get involved…take as many Regardless of where you’re at in opportunities as you can”, and my your degrees, and the challenges advice is the same to all of you. you’re yet to face, your’re DLSS is always here to help you along No matter where you are in law the journey, or albeit provide you degree, this mantra remains the with opportunities to forget the same. Push yourself, get out of comings and goings of law school your comfort zone, and embrace for a little bit! the opportunities that present themselves to you! And, always Once again, 2014 poses to be an remember the DLSS is here to enormous year for the DLSS! First help you find and foster those Years look out for our annual First opportunities! Year Camp and O Week event! We haven’t forgotten about I look forward to seeing as many the rest of you also with many of you as possible at our events exciting events returning and in this trimester. I am always up for a whether you’ve been looking the pipeline for this year. You can coffee, and hope to chat with all of forward to it for months or wishing look forward to our big Trimester you over one soon! that the holidays would never 1 Party held later in the trimester, end…it is now upon us. It’s time as well as our Commercial Careers Seth Ryan to get back on top of the ‘beast’ and Industry Fairs, Networking President Nights, vast array of competitions known as Law School. With that said, I would like to and new exciting publications

It’s that time of the year again



To be honest, I was delighted at the editorial staff’s invitation to contribute a short piece to this new, but socio-historically important, publication. To determine what I might usefully add, I electronically obtained a copy of the previous editions of Et Cetera and started reading. In those editions, the contributions by The Hon Michael Kirby and Professor Mirko Bagaric stood out. As a practicing lawyer who, about ten years ago now, first stood on the starting blocks of a career wearing naught but a full pair of Speedos1 and jumped fearlessly into the even more full pool of Victorian lawyers (and having by now swum a few laps), I endorse the insightful words of those very wise men. In fact, I suggest printing a copy and resorting to them when despondent thoughts take over the mind after the clerkship rejection letters stream in. Any student reader should take from those encouraging ideas the belief that: “where there is a will, there is a way.” Indeed, anyone can reach the dizzying heights of the appellation “lawyer” with application and dedication; or just by ingratiating yourself to those who matter (following Dylan O’Keefe’s career masterplan).2 But once you have reached those heights, the practice of law is not, despite appearances, all Donna Karen handbags and Zegna ties. Shockingly, doing our job properly can earn us public opprobrium rather than the praise we deserve. In the course of acting for Ricky Nixon3 last year, I received the following email (reproduced verbatim) very shortly after the details of his case were published in the media: [no salutation] According to a report on the ABC website you remarked that 'Bad Luck' seems to follow Mr Nixon around. I am just an ordinary member of the public and wonder why you would attribute his behavior to luck - using a mobile phone while driving and breaching license conditions He's a big boy and should accept responsibility for his behavior. I think it is disgraceful and appalling that you would use that comment to minimize his culpability. You are supposed to uphold the law not suggest that when someone breaks it and gets caught - its bad luck I would never employ you - your ethics and morality are shameful.

‘Full’ in the sense of complete rather than any other sense. My students will be aware of my strong sense of decorum and abhorrence of innuendo. 2 Et Cetera, Issue 2 3 And Ricky does not mind me using his name, in fact he asked me to pass on his Facebook details to any young female students who may need some extra tuition. 1


Now, I am the last person to disagree that my morality is shameful, especially late on a Saturday night after a few drinks in a very dark club. However, I take umbrage at the uninformed assertion that my ethics are shameful. After some consideration it became apparent that the “ordinary member of the public” fell into error about his or her assessment of my ethics because he or she: (a) failed to appreciate the difference between ethics and morals; and, (b) does not understand the ethics that attach to the lawyers’ profession. And so it is an explication of these two matters, in the hope that the Universe will one day bring this article to his or her attention, that I wish to contribute to the valuable information provided to students by this publication.

However, (b) presents a greater challenge to the intellect, because it requires an understanding of the function of the lawyer. In my professional life, my submissions have resulted in an (alleged) paedophile walk from court without a trial, not because of innocence, but because of a perceived inability for him to obtain a fair trial. I have argued in the Court of Appeal that some terrorist acts are not really that bad. I have appeared on a current affairs show to justify the non-deportation of an extremely violent offender. I have shed a tear when a young client who stabbed a man was sent to prison for 18 months despite the severe injuries to the victim. And I would do each of these things again, as they are consistent with my moral understanding of my ethical duties as a lawyer. On the contrary, it is unethical for me to judge my client, although perhaps morally understandable. It is for me ethically acceptable to refuse to act for a person unable to pay my fees (partners can’t eat goodwill pie), but nonetheless on one view, immoral.

What the intellect of even the ordinary member of the public could process instantly, with just a moment of learning, is that there is a difference between ethics and morality. Ethics are the rules of conduct recognized in respect to a particular class of human actions or a particular group, culture, etc. It defines how thing are or should be according to social rules. Morals on the other hand are principles or habits with respect to what constitutes right or wrong conduct for the individual. It defines how things should work according to a person’s ideals and principles. Ethics are governed by professional and legal guidelines at a particular place and time. Morality transcends cultural norms.4

For a more detailed discussion see: Particularly interesting for lawyers is Bagaric and Dimopoulos, ‘Legal Ethics is (Just) Normal Ethics: Towards a Coherent System of Legal Ethics’ (2003) 3 QUTLJ 367 4



This is what we do, and what society requires us to do, as lawyers. We do not enjoy the luxury of confusing ethics and morals, nor can the ordinary member of the public afford for us to put our morals before our ethics if we are to discharge our duties to uphold the rule of law. Ultimately, achieving the appellation of lawyer is meaningless in itself if we do not accept this. The appellation is as empty as the baronial titles sold on the internet or the right to name one of the 4 billion stars of the galaxy.6 The practice of law, the destination that justifies the struggle of DSO (or is it D2L?) (or is it Cloud Deakin?), of dealing with haranguing lecturers, of accumulated study debts, is a beautiful thing. I have no doubt that each of you who wish to wear the badge of office of the lawyer (a coffee stained tie, an Armani suit or Xanax prescription depending on practice area) will be successful in that regard if you maintain the conviction of Kirby and follow the advice of Bagaric. But what you must do, to honour that office, is to imbue it with meaning by your own ethical conduct. That is really what you are working towards, not the letters HD on some random piece of paper, or a pay rise and corner office. And so what can we learn from Ricky Nixon? That even Ricky deserves a lawyer and a fair go, even if he was driving whilst using a mobile phone, or running into trams, or being caught unawares by the St Kilda school girl (bearing in mind that there is legally nothing wrong with a 17 yo and a 50-something year old). He deserves, and is entitled to, someone to stand up and speak on his behalf. As you too will one day learn, it is a privilege to do so. And so, with the foregoing in mind, to the ordinary member of the public I said this: Dear Ms X, Thank you for your email. As professional ethics preclude me from addressing the matters you raise directly, and as I assume that you were not in court to hear the entirety of the plea, I can only adopt the observations of the current chairman of the Victorian Bar, Ms Fiona McLeod SC on the role of a lawyer as follows: "Members of the Bar have a proud tradition of providing strong and independent legal representation and advice without fear or favour to all in the community. We see this as indispensable to the rule of law and to the continuation of our democratic society." (source: The comment to which you refer should be construed in that light. Yours faithfully, Theo Alexander

5 6



Should any of you should come across that ordinary member of the public, I would be pleased if

you give her my regards and copy of this edition of Et Cetera


IN NEED OF AID Editor-in-Chief

This article aims to explain the changes made to Victoria Legal Aid’s policy which were introduced earlier last year as well as the ramifications for Victoria’s most vulnerable persons.

What does this mean?

The Changes

First, persons who are charged with ‘minor’ matters (that is, matters which are classified as Level 6 and above offences) will not receive legal representation in Court. Therefore, they are left to their own devices to traverse the complex and extremely procedural criminal justice system by having to prepare and advocate on their own case – tasks which are usually left to skilled barristers who have many years of training and experience in presenting complex arguments.

Victoria Legal Aid (VLA), under financial pressures, was forced to make a number of changes to their policy guidelines (under which aid is granted) in order to meet their obligations. According to the recently appointed Chief Executive Officer, Bevan Warner, VLA’s deficit has now reached $9.3 million. Contrastingly, sources from Victoria Legal Aid report that a new marketing strategy has been introduced. Some of the changes that VLA have introduced include: the removal of an instructing solicitor for more than two days (which was subsequently amended to the provision of an instructing solicitor ‘as and when required in a criminal trial’), removal of aid for two counsel for trial, no aid for youth charged with crimes unless a supervisory or detention order is likely and no grants of assistance for summary crime matters unless imprisonment is imminent. Moreover, VLA has made a number of internal changes to their duty lawyer scheme which have not been publicly published. Duty lawyers provide free advice to persons who have a matter which is presently listed for hearing in the Magistrates’ Court of Victoria for a range of different legal problems. Until recently, duty lawyers were able to appear on behalf of persons who they issued advice to, however, they are now limited to providing advice and appearing only where there are exceptional circumstances (such as where a person is suffering under a mental impairment).


Upon consideration of the changes made by VLA there are two significant consequences that arise.

To contextualise the above situation imagine that you have been charged with a summary offence such as an assault pursuant to the Summary Offences Act. Having been charged of the offence there is a possibility that you will be convicted which will affect possible employment and other opportunities. You will have to deal with Victoria Police (who prosecute summary crimes) by yourself and learn about criminal procedure along the way. Victoria Police will claim to ‘assist’ you, however, they are not an impartial party to the proceedings and can influence you towards a position that is beneficial to them as recently observed by a criminal defence barrister: I have spent a lot of time in the magistrates court overthe last few months and on many, many occasions I have heard some variation of an unrepresented party saying this: 'I am pleading guilty because the police told me I have no defence and I don't qualify for legal aid anymore' This is what many indigent persons across Victoria are facing on a daily basis. Another affect of VLA’s changes is the impact is has on the administration of justice. A miscarriage of justice

Another affect of VLA’s changes is the impact is has on the administration of justice. A miscarriage of justice can occur where a person does not receive the necessary resources to adequately prepare and present their case. Courts have taken notice of the affect that a failure to provide adequate resources has on the administration of justice, most notably in the matter of R v Chaouk [2013] VSCA 99. There, Justice Lex Lasry, decided that the accused in the matter (who was charged with murder) could not be afforded a fair trial unless an instructing solicitor was present for the entire duration of the trial. Accordingly, he stayed proceedings until an instructing solicitor was provided. The quote of Lord Hewart CJ epitomises the above situation where the accused was refused legal representation. His Honour states: it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done. In the present circumstances, for justice to be done persons charged with offences must be given adequate resources to conduct their case against the

well-resourced State. Reason for Changes The impetus for the recent guideline changes to VLA’s policy has been political pressure from the Napthine government to reduce spending on legal aid. Ironically, the Napthine government was elected into parliament on the basis of a law and order agenda. Most likely the recent increases in demand in legal services has been caused by the Napthine government’s ‘tough on crime’ mandate in which there has been a deployment of over 100 Protective Services Officers. Since the introduction of the PSO’s there has been a 9.5% (or 35,000 crimes) increase in the number of crimes reported in the last financial year. While the Law Council of Australia, Law Institute of Victoria and the Victorian Bar Association have made a concerted effort to lobby the State and Federal governments to increase legal aid spending there have not been any significant increases to legal aid funding. We will soon see similar effects in the area of family law as a number of new VLA guidelines are being implemented.


ISSUES CURRENT LEGAL ISSUES Queensland Bikie Laws The Queensland anti-bikie legislation has recently been quite controversial. On its face, the new laws appear to be inconsistent with an individual’s right to freely associate, and therefore unconstitutional. The legislation allows the Government to declare any group to be a criminal organisation without having any evidence. The Government claims they will only use the new laws to prevent ‘bikie’ gangs from associating, however critics argue that there is no legislative restriction to stop them from being used against anyone. According to the lawyer working for Queensland’s outlawed ‘bikie’ clubs, the issue is set to go before the High Court in the coming weeks.

East Timor Challenging the Validity of CMATS The validity of the 2006 Certain Maritime Arrangements in the Timor Sea (CMATS) treaty is currently being challenged through an international arbitration process in The Hague. East Timor is alleging that the Australian Security Intelligence Service bugged the offices of cabinet members during the treaty negotiations and in doing so acted outside the scope of their powers. This purportedly led to Australia gaining an unfair advantage during the negotiations, and given importance and wealth of the disputed area, this has led to increased tension between the two nations and possibly the invalidity of an important treaty. Gay Marriage

Australia’s border security may breach international law The Australian government may be breaching international laws by forcing asylum seeker’s boats back into Indonesian waters. A spokesperson for the UNHCR, Babar Baloch told the ABC: "If people who are in need for international protection seek a country's safety, then they must be allowed to go through a process which helps to determine if these people are in need.'' In pushing back these boats Australia may be in breach of UN treaties, and the UN is currently seeking an explanation from the Australian government for their actions.


The High Court has recently struck down the ACT’s attempt to legalise gay marriage. The court unanimously found that the legislation was inconsistent with the federal marriage act and was therefore unconstitutional according to s109. The ACT argued that because the federal act defines marriage as between and man and a woman there is space for the states and territories to legislate for marriage between same-sex couples. However this view was not upheld by the Court, which effectively means if there is going to be ay change in this area it has to be legislative.


Judge, County Court of Victoria On a recent trip to Italy I asked a local magistrate what had changed in her, in the 17 years since her appointment. She answered "I have acquired more uncertainties. I ask myself more questions and I listen with fewer prejudices. But the passion remains the same as the first day . I am fortunate ." Her answer was startling. A judicial officer whose reflection and humility increases with age!! The answer led me to my own reflection about the nature of judging and the paradoxes involved in this complex function. I am a Judge of the County Court of Victoria. I was appointed in 2008 after 25 years as a criminal barrister. I wish I could tell you that I went into law because I had a "love of the law" but what I had learnt around our family kitchen table was not about the law. It was about humanity, their stories, their courage, their weakness. At the head of the table was my father, a policeman who had been in the 'Squadra Mobile' in Sicily , dealing with the post war Mafia and later in Rome as Chief of the Forensic Lab. Our discussions were about evidence, discovering and understanding motives, issues of credibility , reliability, alibis and the predicaments of human interaction. And thanks to my parents who were humble, measured, well balanced and serene people, the idea of paradox , fallibility and uncertainty walked arm in arm

with notions of human justice ,fair process and impartiality . I too,like the Italian magistrate , have been indeed fortunate. The faculty at Monash University in the late 70's and early 80's was not quite an intellectually stimulating cauldron but it was enhanced by great lecturers like the legendary Louis Waller. He became an early hero as he fostered a love of the 'rule of law' and engendered in his pupils an appreciation of the fierce independence of the advocate and the judge, an independence hard won and jealously defended. I finally understood that fairness was an evolving concept not frozen in time - it was 1836 before defence counsel could address the jury on the accused 's behalf, just over a century ago that the defendant was entitled to give evidence at his own trial. It was at Monash that I understood that the constitutional imperative of judicial independence is a vital, central principle to the rule of law which should operate to protect the public not the personal benefit of judges. Those years were useful because after a couple of years of a 5 year degree in Jurisprudence , your brain starts to process legal problems like a lawyer and Denning and Reid become inevitable companions ,as Aristotle and Montaigne (you should all read Montaigne!!).

Then Dixon and Barwick, Brennan and Kirby. And others like Cardozo and more recently Bingham and Falcone. And the many others from other disciplines , who wrote about the human condition and told human stories. The law course was a rigorous, disciplined journey to develop the legal brain but it needed and needs to be enhanced by a breadth of other knowledge and experience. Next, it was the great challenges of advocacy as a barrister which I took up. The core task of the advocate is to persuade, to become engaged in the human experience and to communicate that effectively, clearly and powerfully, to explain the other perspective and the perspective of 'the other'. That is the great challenge and the great joy of being a barrister.(These days , I wish I saw that engagement a bit more often in counsel who appear before me). Advocacy was to be my life for the next 25 years. US Justice Cardozo famously said:" I have become reconciled to the uncertainty because I have grown to see it as inevitable. I have grown to see that the process in its highest reaches is not discovery, but creation ; and that the doubts and misgivings, the hopes and the fears, are part of the travail of mind, the pangs of death and the pangs of birth, in which principles that have served their day expire and new principles are born". 15 | ET CETERA | ISSUE ONE

The modern Judge must face the paradox of judging in a new way. From coping with radical changes brought about by new codes of Evidence or Jury directions, the changing landscape of sex trials and their requirements, advances and new uncertainties in areas of scientific evidence once thought settled or the face off between the requirement for accountability with the defence of judicial independence . The modern judge has been stripped of the protection of a mechanistic straight jacket of cautious legalism for a broader, more complex role. He or she now deals daily with greater critical scrutiny by the public than ever before. This is in keeping with current understanding of the rule of law in a democracy. The obligation to provide reasons and judgements that demonstrate fully the process of reasoning has compelled judges and Courts to transform the way they write judgements and communicate with the community. Judges have embraced continuing professional development and education , laying to rest the antique theory that appointment conferred wisdom and knowledge in such abundance as to never require refreshment. When taking the oath , we do not divest ourselves of our humanity, passions and predilections but we affirm them. Subjective influences pervade decision making in the application of community standards and values. Judges engage in a process of 16 | ET CETERA | ISSUE ONE

ascertaining such values, of considering whether they endure or whether they have changed. The moral question , which the context of legal issues raise , ultimately must in my view provide moral answers and this sense of justice is an obligation which is exercised by judges and which bears upon them with force. To formulate the answer a Judge must consider principles and doctrines, 'stare decisis', historical developments, social necessity, policy and practical considerations. And in this process of thinking, subjective influences are acknowledged honestly and they are managed. My experience and values wrestle with the legal rules I believe, select , define and apply and this engagement allows me to act impartially. This is the paradox of judging. Impartiality is not a blank or dull neutrality but an ability or rather an intent to take in all perspectives and competing views and the difference between them. This task can at times cause an emotional conflict , which can often be stressful. The quest for the Judge is to make clear to himself the causes for such conflict, to identify and acknowledge the factors which lead to it and take up the serious professional and personal task to deal with them. This is a core ethical practice which all judges confront and it may require a structured method or an instinctive process or a

combination of both . This is the 'ocean ' which Justice Cardozo wrote about. He found that his search for legal certainty had led him to embark on an 'ocean' which was ' trackless '. In the challenge to identify stereotypes, biases, generalizations, preconceptions that lurk in my thinking I firmly and continuously must resort to paradox: openness and introspection, a feverish but serene mind. Often the breakthrough may come upon honest reflection, sometimes asking the candid opinion of trusted colleague or exploring the true impact of vicarious trauma . Navigating the trackless ocean may be made safe by practicing 'mindfulness', a tool which is becoming popular in highly challenging positions. Others may resort to the guidance of well worn methods of reasoning: deduction and induction, reasoning by analogy. Others find refuge in the legitimacy of the "current context", the economic and social reality they identify , because the judges with whom I work are not out of touch with the community. Whatever method or combinations of ideas judges use, it invariably involves taking moral stock, reiterating the sense of justice which notions of fair and equal treatment, distributive and corrective justice started to be ingrained since our law school days. In most cases the existing rules provide the answers, especially for Judges at first instance like

We do not need to make up the law in accordance with the feelings of the moment . We daily step into Court with the knowledge that both uncertainty and solution focused judging, with it's requirements of intellectual confidence, fervour and courage , are often needed to augment the dignity and power that comes with the authority of the Judge. Perhaps the landscape is less certain now due to the demise of the 'declaratory ' theory , which made a judge's personal input minimal. Once Judges decided cases by finding facts, ascertaining the law and applying it. According to this theory relevant principles would be 'discovered' if not already established. Developing this 'post declaratory ' phase is an interesting challenge for the modern judge but it is an uncertainty that is worth embracing because it is a contemplation of how to judge well in the 21st century . The invitation to navigate this 'ocean' is a privilege that brings personal and professional satisfaction but which hopefully achieves justice for the community today.



Pharmacists, the new casual doctor. The sensation that begins with an itch in the back of the throat not only points out that your parents were probably right about the cigarettes and binge drinking on the weekends, but the fact that the fifty dollar note in your pocket may as well be burned as it now bears you no real value. A recurring and somewhat burdening case of tonsillitis not only claims the red and swollen lymphoid tissues as its victim as is it acknowledged that along with the sacrifice of good smelling breath, you are also bidding farewell to your plans for the night because you have to visit and handsomely compensate your general practitioner (GP). According to pharmacist and multiple pharmacy owner Graham Beecroft, the requirement to see a GP for what may be a common and easily treatable illness may be eliminated from the process as recent talks of a reform indicate that pharmacists will be receiving some of the capabilities he believes they are entitled to. “The way it is planned is that Pharmacists would have the ability to prescribe certain categories of medication and prescriptions for common illnesses and conditions, or repeated prescriptions that a doctor has permitted.” 18 | ET CETERA | ISSUE ONE

With the increase in qualified pharmacists compared to the amount of doctors available, the utilisation of pharmacists is something he sees as not just intelligent but necessary. “With doctors constantly under the pump and the never ending patient list or demands they can reduce the pressure on the doctors which will be a good thing,” he says. “It makes better use of the qualifications that pharmacists have and frees up doctors time for primary health care.”

large sum of money for a fairly easy diagnosis or consultation.”

She also states that an element other than costs impacting people is the lack of doctors especially in rural areas that don’t have a countless number of clinics in their vicinity. “Something like this reform is good for people who don’t have the same access to doctors as others,” she says. “An example of this is rural populations that don’t have as many doctors available as major cities and built up areas, in these cases being able to have a pharmacist prescribe certain Pharmacist and account manager medication would be a great help.” at The Dow Chemical Company Tiffany Andrianis also claims that the reform will do well for both “We believe that we are trained doctors and pharmacists as she adequately for this task as we affirms Mr. Beecroft’s perspective have wealthy knowledge of on the issue. “Pharmacists being drug combos more so than able to prescribe is a reform most doctors,” she states as she necessary to relieve pressure on describes the legitimacy and doctors.” necessity of the reform. “We are able to identify symptoms related Taking the taxpayers dollar further to drug interactions which is an is one of the primary focuses of important element of prescribing the reform in her opinion, as the medication.” utilisation of pharmacists would The only concern Ms. Andrianis has save patients money. “We see a lot over the possible change is the lack of people visiting clinics that bulk of shared patient knowledge and bill so I think that being able to information between the doctors see a pharmacist for what would and pharmacists. “Patient history essentially be a smaller but free is needed for prescriptions so the consultation would benefit a lot of pharmacist may not be able to see people who are not willing to pay a this history,” she states.

Mr. Beecroft touched on the issue of information accessibility between the two medical professions claiming that by the time the change is made it will not be a concern. “Record keeping is better now,” he says. “You can keep a close record and it is all accountable, doctors have instant access to pharmacists. He claims that advancement in technology and their procedure has lead to the implementation of a safe and successful system.



My delicious Deakin dragqueens and dragkings, the current political climate regarding the relations between the South Pacific and Australia has been the most heated it has been in 20 years. I’m joking I literally had to spellcheck how to spell Pacific. I’m literally that retarded I borderline deserve my own disease. My real article my fellow gays, girls and boys is to demonstrate certain university behaviours and then tear the people who do these to subsequent shreds.

Ok lets get something straight here. To all those girls who literally spend about 4 hours doing their makeup and choosing what they’re going to wear as if they’re about to attend their own inauguration to become Prime Minister, Jesus, Mary, Joseph please stop. You are attending a lecture on business analytics not a Chanel runway event.


Look I’m all for the idea of “you Ashley Sherr lengthy 2 never know who you’re going

After my ridiculously years at Deakin, one might argue that I have become the Ghandi of social do’s and don’ts of the vast plains of university. Thus I present to you all a couple tips and tricks of assimilating into the Deakin experience. The first of these is how you should dress. I’ve always been a big fan of the moto if you can’t beat them, dress better than them. You’re probably all like, really? Didn’t know Georgio Armani attended our university. Well turns out he does, his name is Tom Jessup and he apparently possesses a hairline that reaches back to the stone ages to match.


to meet”, but lets be honest, university is not a night club. You won’t have to slip the lecturer a nip to get free entry or hit on the neglected Asian to get free drinks. The choices of boys you’ll have here will be less than a gay man at a lesbian bar (trust me). By the same token however, to all the guys who dress like they’ve come from a low budget porno scene with their thongs, tracksuit pants and singlets that barely cover their horrible self-esteem let alone their nipples, please stop. We all (especially myself ) can appreciate a good rig, but on a 8 degree day in the middle of winter we don’t want your nipples

hanging out and so hard they could cut glass. Moreover, please don’t leave your books on an empty table and “save it”. Okay, lesbihonest, we’ve all been guilty of this one, however I’m sorry to all those Amelia Airhearts or Phillius Fogs out there who choose to decide to bloody travel the world during the interim of classes or getting lunch, and seem to leave their books there for more than half a day. And yes we all know that you aren’t actually reading “10 ways to have a successful marriage” or actually enjoying “Abstinence: A life choice”, you’ve just pulled the book straight from the shelf opposite your desk.

The elusive university attender. Congratulations you’ve met someone on the first day and you like them and hope you hang out more in the future. Incorrect. You’ll never see them until your final exam because they possess the motivation of a teenager working 5+ years in hospitality and they’ll never attend a lecture because online lectures are as readily available to them as Macdonalds to wasted drunks in the CBD. Although helpful once and a while when you’re embodying the World War 5 of all hangovers, online lectures are a great resource. However if you become the Anne-Franke-in-the-attic-esque kind of person for attending uni and only use online lectures, legitimately what friends are you hoping to make? Microsoft bloody Sam and Michele? Get involved people. So in conclusion, here’s hoping that you enjoyed this travesty of an article and feel free to facebook stalk me to fulfil all your wildest dreams. And as a final note, remember: beauty on the inside won’t get you free drinks. xoxo

STUDY: FIND YOUR WAY The good thing about uni is that there are so many ways with which you can fill your head with all the required knowledge - lecs, tuts, readings, past exam questions, recommended readings, extra cases, minority judgments, related Kirby speeches… the list goes on!

gree), but she’s found a way to work around this. She’s a serial online lecture girl, literally typing out the lecs word for word and re-reading her own notes until its drilled into her head. She works off the theory that if the lecturer doesnt mention it, it wont be on the exam. While this definitely works for her, and The bad news is that it’s pretty much impossible to is a lot cheaper than my way (law books cover everything and still have some resemblance of are so expensive!!), I know I’d never get the a life. This means most students develop their own marks I wanted if I followed her method. method when it comes to tackling study, and being law students, most would argue that their way is best. My recommendation is to use your first year to figure out how you study, and try out a whole bunch of methHowever I feel that everyone has their own individual ods. For example, do you get a lot out of going to the techniques that work for them, and as long as you’re do- lectures and hearing everything first hand, or do you ing the work it really doesn’t matter how you get it done. get sidetracked and then distract everyone around you? For example I know that I have a tendency become Are you happy to be part of a group and share notes easily distracted and therefore skim over things. so you don’t have to cover every topic in as much deSo I do the readings first, type up my notes and tail – or do you learn better by writing your own notes? then usually listen to the relevant lecture online. This gives me three chances to take in the information, and Whatever you end up doing, you will quickly learn I figure if its not in my head by that point, it never will be! that there are no short cuts to getting good marks in law. Basically you just have to do the work. But My friend could not be more different - she hates trust me, finding a study method that you somereading (don’t worry, I have pointed out how iron- what enjoy, or at least don’t hate, means you wont ic this is given that she chose to do a law de- be the most insane one by the time you hit 5th year! 21 | ET CETERA | ISSUE ONE


Michael Castricum Welcome back to another year of a particularly ‘happy-chappy’. Law School! Hopefully you have all had some semblance of a break and are ready for those endless hours of study, cram sessions and allnighters that we have all come to know and enjoy during our time at university. In anticipation of this, let’s have a good look at coffee on campus so that you have your study companion right there with you when you need it!

Full Cream, Skinny or Soy

Before we embark on a caféby-café evaluation, there is an additional consideration that we need to discuss; what type of milk do you have with your coffee? Apart from feeling overwhelmingly emasculated each time I ask for it – I have to say I do prefer skinny Firstly though, how do you like milk. Not because I’m sweating your coffee? This is a deceivingly the calories or like being ‘that guy’, important question, because if I just think that I generally get you like that abomination that stronger coffees when I do order is a mocha, stop reading now, it. Don’t get me wrong, I have no you are not welcome into this beef with full-cream, just plenty of coffee escapade. Personally, I bad experiences. like a HOT and strong latte. As you have probably noticed from Nonetheless, I do have a problem my capitalisation of ‘hot’, I have with soy milk – especially those a thing about lukewarm coffee ‘soy chai lattes’…. Like seriously!? – to a degree I consider it to be Also, if you are a guy, you might the bane of coffee everywhere. I want to reconsider your choice of consider these two criteria to be beverage, because it might not my overarching rules of lattes, and be doing little man any good. Just if they don’t meet these standards, thought I’d give you a heads up; or well you can imagine that I am not not!


Corner Café and Food 4 Thought As far as I can tell, these two cafes are both owned by the same people. Overall I think they are good, and Corner café is certainly an improvement on what it used to be – both in terms of service and coffees. That being said, I’ve definitely had some pretty bad lattes there as well, so it can be a little hit and miss. Caffeine and Sage Caffeine has to be one of the best and most well-known cafes on campus. If you are just looking for a place to sit down and study, or catch up with a friend, the courtyard outside Caffeine is your place. A word of advice though, if Caffeine is really busy, just shoot around the corner to Sage restaurant - they are one of the

Plateau I wrote this last year and I still haven’t revised my opinion; don’t bother. Café Ava Café Ava would currently have to be my favourite café on campus. I find the staff to always be quite friendly and the coffee to meet my mildly anal standards of hot and strong. It is one of the more expensive places on campus though – regardless, check it out, I don’t think you will regret it. Happy Drinking! So I hope you have found some of this insightful, remotely funny, or maybe just a cause to worry about my mental state – I have been doing this whole law thing for a while now. Nonetheless, this is my compiled knowledge from 4 years of law school panic study sessions, a feeling I know most of you will experience some time this year, hopefully with a latte there to get you through! I will leave you will a final word, if you like the blight that is a ‘mocha’, I would love to see you order that in front of your future boss; to everyone else, happy drinking!

THE UNIVERSITY CHECKLIST Double check your enrolment. It sounds so simple, but make sure you’re in the right course, doing the correct first-year subjects. Stationary If you’re anything like me, the first few weeks of uni passed by in a haze of booze and ‘hi, I’m Alex’. Next thing I knew I had two assignments due in 6 days and 5 weeks of readings to catch up on! When panic hits, stationary saves the day. Pink highlighters for cases, green for important points, orange for statute etc. It’s also worth noting that law students over tab everything. EVERYTHING! Coffee knowledge: Actually you don’t really need knowledge, you just need to be able to drink large quantities of it. As soon as your life is filled with 3am referencing sessions, you’ll understand. Law related TV shows: Every student procrastinates. Every law student procrastinates by watching Boston Legal re-runs, Suits or something of the like. You’re viewing will increase exponentially in the lead up to exams so it’s good to have a couple of seasons at the ready. Baking goods There’s a reason procrasti-baking is now a thing – and you’re new friends will love this habit!


THE 1975 Alex Burgess Released 2nd September 2013 Record label: Dirty Hit / Polydor Producers: The 1975 and Mike Crossey There are few artists who have received the unrelenting ‘hype’ rivalling that of the ‘The 1975’ and lived up to its unrealistic expectations. While the majority fade into the ever-altering landscape of the music industry, the young quartet from Manchester have embraced the excitement and surpassed all critic anticipation in the process. In the space of a year through 4 EP releases, the group headed by lead vocalist and songwriter, Matthew Healy have shaped their unique sound, integrating synth-infused indie-pop with an 80’s groove, that has seen them propel out of the British underground and into the mainstream of the music industry. Now with the release of their self-titled LP, produced by Mike Crossey, whom has worked with British super-groups Arctic monkeys and The Foals alike, the band has revelled in both critical and commercial success that is nothing short than well deserved. The self-titled LP reached number one the British album charts and in the process, overshadowed the comeback release of industrial rock legends NIN’s ‘Hesitation Marks’; a feat worthy of celebration in itself. The 1975 have drawn inspiration for the record through their fascination with the scores of films by John Hughes, crafting the album as a soundtrack to their adolescent lives.

The band has beautifully articulated the hedonistic lifestyle of the adolescents of today’s generation, exploring the themes of sex, drugs and infidelity through entertaining lyrics and sophisticated musicality. Following the title track, a thunderous drum beat pounds through as the first song ever to be released on British radio begins, ‘The City’. A self-proclaimed love song as cited by Matthew Healy, ‘The City’s’ primary musical focus is centred on its pounding drum section that helps build up and steer the song towards its infectiously catchy chorus of ‘If you wanna find love, then you know where the city is.’ This track that later goes on to become a single, perfectly highlights the unique sound that is ‘The 1975’; slick, clean guitar lines, rhythmically sound drums and base, and the stunningly clear articulation of vocals. Perhaps the track the band is most widely recognised for, and unsurprisingly their debut single, ‘Chocolate’ is a seamlessly uplifting, sing-along tune with a much deeper connotation. Matty explores the troubled life of youth dabbling in substance abuse and petty crime with ‘guns hidden under [their] petticoats’, yet the music suggests otherwise. My personal favourite on the album, and The 1975’s second single is the lively, yet unsettling

‘Sex’. Matty gives us an incite into an intricate relationship of lust and deceit, where a confused young boy is sleeping with a girl who has a boyfriend. The spirited vocals, with an undertone of soaring guitar will run shivers down your spine, while lines such as ‘we might as well just f**K’ will leave you with a smirk you won’t be able to brush off. The unparalleled emotions that this track seems to evoke make it a masterpiece, written worthy for arena audiences worldwide. If there were a track to truly showcase the diversity on this record, it lays in the ‘sparkling’ follow up single to ‘Sex’, ‘Girls’. A glistening and playful track, it will have indie-pop lovers up and dancing along to its upbeat tune and humorous lyrical content, telling the story of a young boy in a moral dilemma of whether to sleep with a younger girl throwing herself at him. Cheeky, yet lyrically sophisticated, ‘Girls’ is a feel-good ‘boppy’ tune that you can’t help but fall in love with. Every song on this album has a special place and selected with careful thought. ‘The 1975’ could very well be the premier indie-rock release of 2013, and for its listeners, is a timeless work of art that will continue to give for years to come.



Whether you know him as Donald Glover, Childish Gambino or Troy Barnes, there is no denying that Glover, a 30 year-old actor/ musician/writer, is seriously talented. Known mostly for his role as loveable idiot Troy Barnes on the comedy series Community, Glover has, over the last few years, begun to concentrate more on his hip-hop career, under the stage name ‘Childish Gambino’. So far, his hip-hop career has yielded very positive results. But does his new album, Because the Internet, continue his progression, or should he stick with TV? Because the Internet is in some ways a concept album; a 75-page script was released for simulatenous listening-and reading by Glover; but as he raps in album-opener Crawl, ‘Ain’t nobody got time for that’. While his debut album Camp excelled at taking listeners on a journey by placing them squarely in his shoes, by expecting listeners to now invest a large amount of time to decode and fully understand this album in order to get the same level of depth, Glover is perhaps asking too much. The album kicks off with ‘Crawl’, a moody, percussion-heavy and somewhat primal-sounding song that sees Glover trawling over a variety of subjects with no clear focus; the main feature of the song is his clearly improved delivery and flow of lyrics. This is consistent throughout the album; he simply 26 | ET CETERA | ISSUE ONE

sounds faster and more confident than ever before. The lyrical barbs and quick-fire jokes that made Glover a success both as a writer and rapper remain- yet he seems to be less excited about delivering them. One of the central themes of the album seems to concern the feelings of ‘what now?’- having succeeded in all of his pursuits, what can Glover do now? And, somewhat dissapointingly… Because the Internet isn’t a home run as a result. While some songs hit the mark (in particular, album-standout ‘3005’), many simply seem to be unnecessary. There are several instrumental pieces that, while well-produced, only slow down the progression of the album, and add unnecessary length to an already lengthy selection (19 songs!). After two solid opening songs, does there really need to be an unrelated 50-second instrumental breaking up the action? Gambino also sings much more frequently than in previous releases, to mixed results; with brooding production, some songs are very reminiscent of the early work of dark R&B singer The Weeknd. The problem with this is that, while he is an adequate singer, doing so is not Glover’s real strength, and by taking away from the amount of rapping he does, the album loses a lot of potential storytelling and humour (and boy, could the album

use a little more humour!).

The lead single from the album, ‘3005’, is located the centre of the album, and this is certainly no accident; the song anchors Because, and explores most of its key themes in under 4 minutes, from insecurity: ‘I used to care what people thought/but now I care more’ to ¬¬¬¬celebrity excess ‘we spend it, with no shame/we blow that, like Coltrane’. Zappy synths bounce around the song in tune with Glover’s delivery, and lighten it enough to balance out the fairly serious themes that he covers. Out of all 19 songs on the album, this is the only one to get the balance completely right- it feels as though Glover wanted to make an album made up entirely of songs like this, but could only really make one. Luckily, the one that he got right is pretty incredible. While not as fun or enjoyable as his debut album, Because the Internet still has some interesting themesif only they were presented in a more interesting way, the album could’ve been another victory for Glover. However, due to a few noteworthy songs, for fans of introspective lyricism and high quality production, Because the Internet is at least worth a listen.

TO VINO OR NOT TO VINO! Ah, the age old question: does a glass of wine help the studying process? As I sit down to write this, I realize that over my last 5 years of uni I’ve tried and tested every possible way of increasing study and reducing procrastination. The conclusion I have come to is that every method has a time and a place (well most – procrasti-baking has never helped me get a good mark). Caffeine is obviously the way to go for those last minute assignments, I honestly think referencing at 4am is impossible without it! But I have found that a glass of vino can go either way, you either end up asleep, or powering out the best analysis on the provocation defence in the world! I think it all depends on timing. Youre never going to get anything done on a boring wed arvo; after a couple of glasses you end up calling a couple of people round for a ‘group study sess’ and next thing you know you’re doing shots at the Harp and making poor life decisions. I find the most appropriate time to introduce some vino into the process is on a Friday night, when everyone else is out having a great time and you’re stuck at home doing an assignment you promised yourself you would finish during the week. Ive been known to sit and stare blankly at my computer, hoping that something good will magically strike me. At this point your night will go one of two ways, you either sit on fb constantly refreshing to find out what fun things your primary school buddy is up to, or you suck it up and just get it done. A glass of red does seem to help me do the latter, it takes the edge of my indecision and the typical law student mentality of ‘this simply isn’t good enough’ and gets you blurting out words on to the page (this is assuming that you’re like me and as soon as you’ve had a drink, the filter between you’re brain and your mouth shuts down and words just fly out). While your work definitely requires a proof read (or 7), at least you have something to work with and you haven’t wasted an entire Friday night for nothing. There’s also something satisfying about getting a good mark for an idea that came to you when you were a bit under the influence, I cant explain it, but it goes kinda along the lines of ‘if that’s what intoxicated alex can manage, sober alex has got this whole law school thing!!’ In short, a cheeky sauv blanc can be a good idea, as long as its used in the appropriate manner and at the right time.


FOOD REVIEW While everyone is at uni to ‘study’, we all know the real reason people turn up is to chat, eat and just generally procrastinate. The good thing about Deakin is that there are a number of venues where you can easily do all of the above. Sage More of a restaurant than a café, it’s a bit pricier than the other places, however the meals are huge and you definitely get your moneys worth. My recommendation would be the Thai chicken curry, however if you’re looking to break a note for car park coinage the smartie cookies are only $2.50 and delicious! Corner Café Has all your typical café stuff - everything from focaccias, pasta salad and snacks and is pretty reasonably priced. This café is known for having the best coffee on campus, so in between lectures things can get hectic! Side note: the same business runs the café underneath Einsteins. Also a good place for a chat given how huge the space is, however as it is also used as a study area you cant get to boisterous otherwise you may encounter a few dirty looks. Caffeine Perfect for a quick baguette, or you can also have a heavier meal. It is the only place on campus to get wedges, and there are huge tables to sit outside which both make this a pretty popular option. There are also a few outlets underneath Caffeine with things like sushi, more foccacias and an Asian food outlet. The Asian noodle soup is highly recommended!!



Chances are, if you’re between the ages of 18 and 23, you’ve thought about travelling Europe. Chances are higher if you’ve just finished your degree, and chances are just about at full capacity if you opted for one undergrad degree in particular and now have nothing to do with your life (let’s call it…Machelor of Darts). I’m an advocate, and a survivor, of exploring another continent via cheap buses and cheaper hostels instead of going straight into the 9-5 grind. I say save your pennies, live at home if you can, or maybe just be really nice to your grandma for a year – take the cash you saved/made/extorted from Gran, book a flight, learn some very basic español and be on your way. But once you’ve packed about a billion pairs of underwear (still not enough) and you’ve convinced your parents to drive you to Tullamarine and you’re sweating out of your ears you’re so nervous, there’s a fair chance your brain will turn to moosh. You won’t think much apart from “oh dear god what am I doing” until you’ve touched down in Hungary and have to make your way across town to your hostel with no local currency and no food since 3am on the third leg of your flight. So for those low, hungry moments and more, I present to your some tips which didn’t come from your mother’s common sense and maternal instincts. Eating your vegetables is all well and good, because ain’t nobody got time for scurvy, but there’s also numerous miscellaneous bits about travel that suck just as much – I present them to you along with their solutions.


PROBLEM # 1: A All you can afford is a mixed dorm room of 24 in London, because there is nothing in London that anyone can afford ever. There will be snorers. If there isn’t a snorer, then you’re the snorer. It’s maths. SOLUTION: Come armed with a few pairs of earplugs (they get lost like nobody’s business) and some late night glasses of cheap red wine, because nothing knocks you out cold like too much shitty goon. Also travel with an eyemask for the hungover mornings when someone in the room insists on flinging open the curtain at 7am because they just love life and want to face the day. PROBLEM #2: Food is expensive. You don’t have expensive taste but you have, you know, taste of some sort. SOLUTION: GET UP IN TIME FOR THE FREE BREAKFASTS AT HOSTELS. SUCK IT UP AND DO IT. You can hoard to your hearts content, if your heart truly wants lots of white bread and mini-jam sachets. If you do things right, you can have lunch taken care of by putting hard boiled eggs in your pockets for later. Don’t forget about them. If in the UK – get the lunch deal at Boots or Tesco. Egg salad never tasted so sweet.

PROBLEM #3: Hey, Europe is cold? This wasn’t the deal? All good things come to an end, like your Sail Croatia trip. Now you’re in Austria and where the hell’s your tan gone? Nobody will believe you back home. SOLUTION:

PROBLEM #6: You pay for toilets in Europe. There is no such thing as the crappy but free toilets at Flinders Street Station – all facilities in stations or shopping centres are generally pay per use. You need the correct change or else it’s finding a tree time.

Lugging that coat around from the start of your trip would have seemed like a hassle but for me, mine came in very very handy. It’s first use was on the plane over as an additional blanket/handkerchief; last use I was zipped up in it boarding my home flight in the European winter. In between it was pillow on a night train, blanket on numerous buses, picnic rug for grassy times, padding for uncomfortable hurriedly packed backpack. Don’t send the coat home: my Europe coat is now in tatters in the back of my wardrobe, but it served me more than well.



You don’t drink beer.

Wi-Fi costs at this hostel WHAT IS THIS?



Shut up. Learn to hold your breath and chug. You’ll need to.

Wander the streets. Places like Poland and Czech Republic are especially good at providing random hotspots where you can steal an internet signal because “Vladimir’s Net” hasn’t got a password on it. If you’re desperate and lost just walk around with arms and phone held aloft, and sooner or later you will find a signal. Train and bus stations generally have free Internet, but so do a lot of pubs and cliffside attractions in Ireland (true). PROBLEM #5: You have hundred of Croatian kuna left over which you are never ever going to be able to spend and it’s all worth about $5 once you convert it to AUD. SOLUTION: Before flying out of the country give it to the homeless – instead of banging about in your wallet irritating you it might as well do some good. Or, there’s always that charity box at Maccas.

Look, I am morally opposed to paying for the privilege of using the toilet especially when it’s something that every single person on the planet needs to do. It’d be like the government charging us 1c per breath. I feel like faking a violent case of diarrhea to bypass the queue and have the attendant wave you through without paying is a fair play. PROBLEM #7:

PROBLEM #8: You’re homesick. SOLUTION: You’re alone in a big cold city with your friends and family thousands of kilometers away: there’s only so many friendly Aussies named Gus you can meet before the pangs of homesickness start to hit. To deal with it, don’t Skype too much: it’ll make you feel like you’re missing out on what’s happening at home, and make the distance feel sharper. Don’t push yourself into rushing around and doing all the tourist attractions ever if you’re feeling low and just want a day in your hostel watching Modern Family. Think about how long it’ll be before you get to do something like this again, and congratulate yourself on getting there in the first place and not barricading yourself against the entrance gate and Melbourne Airport and making your parents drive you straight home again. Trust me: you’ll be Europesick the minute you get home – it’s 31 | ET CETERA | ISSUE ONE

STORY CORNER WHAT IT’S LIKE TO WORK AT K&L GATES Miranda Skelley If you thought the hardest choice that you would have to make in life was deciding what degree to do at uni, then you should probably continue reading… Unfortunately, this is only one of many challenging decisions you will be faced with as you kick start your career. A law degree is really diverse, but there are so many options available and as a law student it’s hard to work out which path you want to follow. Despite this be reassured that countless law students before you have been faced with the same dilemma! This article aims to give you an insight into what it’s really like being a lawyer in a large commercial law firm such as K&L Gates and will hopefully give you some guidance in the decision making process. Like most of the large law firms K&L Gates practices in almost all areas of commercial law including litigation & dispute resolution, banking & finance, intellectual property, employment, property and corporate & transactional. The diversity of practice areas at K&L Gates is something that is hard to fathom as a law student as the areas do not necessarily correlate to a subject you can study at uni and it’s worth remembering that subjects that you do study at uni are often vastly different in practice. In Australia, K&L Gates has offices in Melbourne, Sydney, Brisbane and Perth with more than 560 people across the country. In total there are 48 offices around the globe with 4,200 staff which means the firm has both a strong national and international practice. In recent years a number of Australian law firms have become larger and more global through the establishment of international ties. K&L Gates differs from many in that we are one of only a few fully integrated law firms. What this means for junior lawyers is the work is varied, challenging and there are often opportunities to work on international matters or in collaboration with other offices. K&L Gates is heavily involved in pro bono work, and engagement with the community is strongly encouraged. The opportunity to provide legal assistance to charities or disadvantaged individuals who may not otherwise have access to legal services is really fulfilling. As a junior lawyer there are great opportunities to get involved with pro-bono matters and do work in areas that are not necessarily within your area of specialisation. In addition to providing pro bono legal services the firm is involved with the community through a variety of fundraising events and volunteering opportunities. Above all else K&L Gates is made up of really great people. Everyone is friendly and approachable, which is reflected in the work environment. It’s really important to find a work environment where you feel comfortable - there’s no hiding the fact that you will spend the vast majority of your week working closely with your team. K&L Gates is filled with incredible mentors. Senior lawyers are always willing to catch up for a coffee, share their experiences and offer guidance and support. It’s important to create networks in your work environment to discuss challenges that you are facing and share in the celebration of milestones and achievements. As a law student one of the best things you can do to assist in the decision making process is to get involved. Talk to as many people as possible in the profession to get their perspective and discuss the path they have taken to get to where they are today. Get involved in opportunities outside of the mandatory requirements of your law course, volunteer at a community legal centre or even just visit a court and observe.



A DAY IN THE LIFE OF AN ENERGY & RESOURCES LAWYER AT ALLENS The importance of the energy and resources sector to the Australian economy has been readily apparent over recent years. Allens’ Energy and Resources team is led by some of the country’s leading energy and resources lawyers and has been involved in some way in many of the key transactions and developments that have taken place in the industry over recent years. Spending my first year as a lawyer working in the group has been a fantastic learning experience. When I joined the firm as a graduate, I knew from the outset that I wanted to begin my legal career working in the Energy and Resources group. It was not just the dynamic and highly relevant nature of the industry that drew me to the group, but also the fact that working in the area would expose me to a wide range of issues across a variety of areas of legal practice. Allens’ Energy and Resources practice broadly covers the areas of mineral, gas and petroleum exploration, production and marketing. Allens are often called on by leading industry participants such as Newcrest and Rio Tinto to advise on matters relating to financing, taxation, litigation, joint ventures, native title, the environment and mergers and acquisitions. Given the nature of the resources industry, much of this work has a cross-border flavour to it and a number of lawyers in the group have had the chance to work in a variety of exotic locations including Mongolia, Beijing 34 | ET CETERA | ISSUE ONE

and Africa. The developing nature of the legal systems in many of the countries in which our clients operate presents interesting challenges to both lawyers and clients. The Energy practice actively works with both government and corporate clients on a variety of issues. The complex regulatory and ownership environment in which electricity generators, distributors and suppliers operate has changed greatly over recent years, and the group has worked with participants at all levels of the industry in bringing about these changes. This has included working with government in relation to changes in the National Electricity Rules as well as the ongoing privatisation of public utilities. More recently, foreign investors have shown a great deal of interest in Australian power assets and we have worked closely with several of them on various acquisition transactions. In addition, constant technological developments in the area of power generation has given rise to a lot of interesting work relating to, for example, wind farming and solar power. Typically, over the course of several years, this work will cover the complete life-cycle of a project, from the initial development of a technology and associated financing arrangements, through to power retailing and the eventual disposal of the investment. The Energy and Resources group is also home to Allens’ climate change practice, which has been

extremely busy over recent years providing advice on compliance and reporting obligations associated with legislation aimed at tackling climate change. Being an industry focused group, working in the Energy and Resources team has provided an excellent opportunity for me to work closely with other practice groups, within the firm, including Banking and Finance, Competition, Projects, and Commercial Litigation. This has meant that over the course of my graduate year, I have been able to develop a sound grounding not only in matters relevant to Energy and Resources clients, but I have also gained exposure to the types of work that these other groups are involved in. This has been invaluable in furthering my own development. I would highly recommend working in Energy and Resources. Not only is it an exciting area of law, but given the breadth of the practice, it is an ideal place to build the foundations for a successful career. Where will your career take you? It’s up to you. Whether you join us a clerk or a law graduate, we’ll support you to achieve your goals. To find out more about our programs and our people, visit



Dispute resolution at KWM By Daniel Allman, Solicitor (Melbourne) The back end is the pointy end As a seasonal clerk in 2009, I asked one of the partners why he enjoyed working in dispute resolution. “Because it’s the pointy end of the law”, he said. At the time, I didn’t really understand what he meant. I do now. Dispute resolution, or “DR”, is where the rubber hits the road. For our clients, disputes can see businesses and reputations on the line. And with high stakes come high expectations – to quickly get our heads around the issues, and to come up with a strategy. DR work is different to much of the other work in a large commercial law firm – it happens at the “back end”, whereas most of the other work happens at the “front end”. In other words, many commercial lawyers have a transactional practice, focused on deals, projects and products getting off the ground. DR lawyers get involved later on, when commercial parties (or a party and a regulator) are having some sort of disagreement. In lots of ways, DR work is similar to the work you do at uni. At uni, you’re taught to consider factual scenarios, spot the legal issues, and come up with an argument. Similarly, DR juniors examine the evidence and do research into legislation, case law and commentary. When it comes to constructing the argument, there’s discussion with senior lawyers, barristers and the client. In this sense, DR keeps you intellectually stimulated – challenged, but always engaged. What are some examples? At King & Wood Mallesons, the subject matter of the disputes we see is varied. Most matters involve getting to know a new industry or business. There are no cookie cutters in DR. For example, I was recently involved in a Victorian Supreme Court challenge by Telstra (our client) against an Optus TV ad. The ad compared Telstra’s and Optus’ mobile coverage. Telstra argued, successfully, that the ad was misleading because it represented that the difference between Telstra’s and Optus’ coverage was minimal. The case was fast-paced and made us – for a couple of weeks, at least! – resident experts in tele36 | ET CETERA | ISSUE ONE

phone advertising. Separately, we have been acting for Coles in the fresh bread case – another consumer law challenge, this time in a completely different industry. Last year, the ACCC commenced proceedings over Coles’ claims that certain par-baked products were “baked today, sold today” and “freshly baked in store”. At the time of writing, the parties were waiting for a judgment from the Federal Court. The DR team also handles intellectual property disputes. One of my colleagues has been acting to protect author’s rights in the Fifty Shades trilogy, against local misuse of the famous moniker. As you can imagine, this has led to some interesting research… So is the focus always domestic? No, not at all. One of the most exciting aspects of DR is the increased demand for cross-border expertise. More and more, our clients work across multiple jurisdictions – and so do their disputes. The King & Wood Mallesons DR team is a market leader when it comes to cross-border disputes in Asia. For contracting parties from different jurisdictions, international commercial arbitration is a popular alternative to local courts. Investment treaty arbitration, too, is growing in prominence, providing foreign investors with a forum for resolving certain disputes with host states. In 2011, King & Wood Mallesons represented an Australian investor in an arbitration against the Republic of India, which resulted in the first known award in favour of an Australian investor under a bilateral investment treaty. From a regulatory perspective, another area of growing importance is anti-bribery and corruption. Given the extra-territorial nature of foreign bribery laws, cross-border DR lawyers need to be able to conduct investigations across multiple jurisdictions. The increased focus on cross-border DR has created more international opportunities for juniors. In 2013, I spent two months on secondment in our Shanghai office, focusing on international commercial arbitration. This was an incredible experience, and – having never been to China and not speaking a word of Mandarin – one that I never could have imagined while I was a student!



“The world is a book and those who do not travel read only one page.” It has been my experience that travel within the parameters of my tertiary education has not only developed my understanding of the interconnectivity of people throughout the world, but has also added a layer of depth to my education. Having done two study tours – one to Italy with my Arts Degree and one to the Czech Republic with my Law Degree – I have found that travelling with university invigorates your want to learn and puts perspective on what can seem like an outrageously distant graduation date! Last June I did a study tour to the Czech Republic with Deakin University, which included students from the Deakin Campuses in Warrnambool, Geelong and Burwood. The Course was called “World in Transition and Central European Transformation,” and was based in the university town of Brno in conjunction with the Masaryk University. The course was separated into four units, with the fourth unit focussing on the development of a legal system in Eastern Europe subsequent to the fall of socialism in the region. The course was very stimulating and enjoyable, but also not so difficult that I was unable to balance the extra-curricular activities with the requirements of the course. The staff running the tour were, for the most part, PHD students from Masaryk University, and as such were very forthcoming with the locations of the best pubs in town! The people who taught the units were lecturers from Masaryk University. They were all very accommodating and enthusiastic about the content of the tour, and catered for those who had a lesser background in the ideological issues pertaining to the course.


As part of this study tour, students were taken on weekend trips to Prague, Budapest and Vienna at no extra cost. I found these trips to be the highlight of the tour, in particular staying on a boat on the River Danube in Budapest! Admittedly, spending hours bathing in the natural hot springs added to my love of Budapest as well. The beauty of this study tour, aside from being a brilliant experience in itself, was that it was very affordable given the availability of the Help Loan. This was a $6,000 loan which was attached to my HECS debt and which is available twice in a degree. The living costs in Brno were minimal, which meant that my experience was not hindered by financial worries. This study tour also gave me the opportunity to meet some amazing people who were in my course that I had never met before. I would recommend doing a study tour to anyone and everyone studying at Deakin University because, if nothing else, it is an excuse to travel to amazing destinations and earn a credit point in less than a month!

A DAY IN THE LIFE OF A LECTURER Benjamin Hayward BCom/LLB and GCertHE Associate Lecturer at Deakin University.

What are your teaching / research interests? My teaching and raesearch interests are a little varied, but all loosely gather around international commercial law. Once you step outside of Victorian and Federal law and into the realm of cross-border transactions, it is amazing how interesting – and complicated – things can get! My teaching interests are – • • • •

International commercial law; Statutory interpretation; The doctrine of precedent; and Mooting.

My research interests are – • • • •

International commercial arbitration; The international sale of goods; Private international law; and Public law.

My PhD, on which I’m currently working, considers how arbitrators identify the law governing an international commercial transaction (possibly arbitrating in a third – neutral – country) where they did not insert a choice of law clause in their contract. When I was a child I wanted to be … Funnily enough, I didn’t really think about it, until I reached a stage when I had to actually start making some decisions! During high school, I had a real interest in writing and considered journalism as a career. My work experience with a newspaper took me to the Supreme Court with the court reporter for a day’s hearing during a murder trial, and I quickly changed my mind. As it turns out, working in the Deakin Law School allows me to enjoy both my interest in the law and my interest in writing! 39 | ET CETERA | ISSUE ONE

What is your proudest moment in the law?


There have been a few really great moments so far (and hopefully, many more to come!) – though my admission ceremony is probably the one that stands out above all the rest. It was a really exciting day – most of the articled clerks at my firm were admitted in the same session, and to go through the ceremonial aspects of formal admission to the profession after all that study (as well as a year’s articled clerkship) was a very proud and memorable moment.

• Submissions that answer the question. It might sound obvious, but it is easy to lose marks for not answering specific essential parts of the question. HD responses will squarely answer all parts of the question asked.

In relation to an assignment or an exam – what do you look for in an HD response / submission? An excellent question – and one best answered with a lawyerly response – ‘it depends’! A lot will depend on the particular subject, the year level of that subject, and the type of assignment question or exam question being considered. But there are a couple of general matters that always tend to stand out when they are done well:

• Submissions that have been written with the marking criteria in mind. These documents are sometimes fairly easy to ignore, but they identify exactly what it is that we consider in marking. HD responses will usually be shaped around the criteria identified. • A clearly demonstrated and sophisticated understanding of the law. A deep understanding of the law relating to the question that has been asked really stands out. • And sometimes – submissions that are a little bit creative. Creativity doesn’t get an HD on its own, but where used appropriately, it is often a signal that the assignment author really deeply understands what they are discussing. It could be a paper that links two parts of the question together in a way that you didn’t intend or think about when writing the question in the first place, a paper that uses a really interesting authority, or that shows an insightful understanding of the broader implications of an issue. • Though in all cases – attention to detail! HD responses will be completely accurate with the law (if a case is cited that I don’t know, I’ll often look it up and check); they will closely follow the AGLC; they will provide pinpoint citations in all cases; and they will have been proof-read very carefully. That all goes a long way!


Exams • Completed papers. This can sometimes be really difficult, but time budgeting is crucial and missing questions or parts of questions make getting an HD result really tough. • A demonstrated understanding of the course. HD responses will tend to refer to all course authorities relevant to a question (cases, legislation, any secondary sources, etc). If the cases are factually on point, are binding, or alternatively if they can be distinguished – the HD responses in each case explain why. • All issues being identified. It is very easy to lose marks in an exam question by not identifying one or more issues relevant to the problem, and HD responses will spot them all. What is your favourite café? Sometimes even lecturers need extensions … The DLSS was kind enough to allow me an extra couple of days to submit my profile response, and the reason this time was needed was to allow for some very careful consideration of this matter. Some of you may be aware that I do like coffee, quite a bit … If I was able to list my top three (recognising, while doing so, that I’m ignoring my own advice set out above and not actually answering the specific question asked): • Red Door Corner Store in Northcote. A great breakfast menu, and their coffee is deliciously smooth. • Lavish Specialty Coffee in Belmont. Using Axil beans, has a similarly smooth coffee that is a pleasure to drink. They are just next to the public library, and tend to be quite popular. You might have to wait a little while; and that’s fine with me, as good coffee takes time. • Brunetti. (Any of them.) Outside of Red Door and Lavish, which are the only two cafés where I will happily order my coffee as it comes, my coffee must be extra hot and extra strong. Brunetti has the extra strong under control without having to ask. What is your favourite TV show? Like most people I know, I have given up on ‘TV on TV’ and prefer to work through a series on DVD. My current project is How I Met Your Mother, though I’m sadly a couple of series behind at the moment and probably need to get a move-on since the possibility of spoilers is a constant threat. Watching TV itself will usually involve having ABC News 24 on in the background, as it seems that the quality of programming on the commercial free-to-air networks is declining so rapidly that some decent news is usually better than anything else on. Otherwise, I also have an amazing capacity to watch endless amounts of music videos. This used to frustrate my friends who have pay-tv; though the Vevo app on my tablet is now taking care of my addiction!



Seth Ryan

Sam Ironside

Guy Waldron

Position - President

Position - Secretary

Position - Director of Finance

Responsibility: Management of the entire committee and the overall strategic direction of the Society. Other responsibilities include liaising with sponsors, making financial decisions and providing mentoring and support to all committee members.

Responsibility : Secretary is the Public Officer for the society, and needs to organise the administration of the committee.

Responsibility: Maintain the DLSS financial accounts and to ensure that Shai Sommer doesn’t claim back RSVP Online Dating expenses.

Course & Year Level: Bachelor of Laws/Commerce, 4thYear

School - Kilbreda College

School: Aquinas College Ringwood Favourite Destination: Any Goodlife Health Club Favourite Food : Eggs Best law joke you have heard: Ahh not sure if I have heard many good ones.. Most played song on iPod: Avicii I Could Be The One. If a movie was being made of your life and you could choose the actor/actress to play you, who would you choose? Taylor Lautner

Course & Year Level: Arts/Law, 4th year Favourite Destination - Gold Coast. I was deprived of this holiday destination in my childhood, so when I visited at the age of 21 I felt as though all of my wildest dreams had come true. Favourite Food : Poached eggs, on sourdough toast with avocado spread (added fetta is a bonus), fresh tomato and smoked salmon. Add hash browns the day after law ball and T1 party. Best law joke you have heard: I am yet to hear a good one. Most played song on iPod: “Defying Gravity” from Wicked the musical. If a movie was being made of your life and you could choose the actor/actress to play you, who would you choose? I would play myself - my arts major is drama and have repressed dreams of making it big in Hollywood.


Course & Year Level: Bachelor of Law. Final Year. School: Camberwell Grammar School. Favourite Destination : I’ll tell you where. Someplace warm. A place where the beer flows like wine. Where beautiful women instinctively flock like the salmon of Capistrano. I’m talking about a little place called Aspen. Favourite Food Sunday Yum Cha. Oh the variety. Best law joke you have heard: Q: Why did God invent lawyers? A: So that real estate agents would have someone to look down on. Most played song on iPod: Who uses an iPod? If a movie was being made of your life and you could choose the actor/actress to play you, who would you choose? Easily Will Ferrell.

Dushan ‘Dushie’ Stevic

Karthik Maganty

Ashley Sherr

Position - Director of Sponsorship

Position - Vice President of Communications

Position - Vice President of Marketing

Responsibility : Et Cetera, Wall Planner, Website, On-Campus Communications and Social Media

Responsibility : I am in charge of the marketing for DLSS events, producing our merchandise such as hoodies and show bags.

Course & Year Level: Law/ Commerce, 5th year

Course & Year Level: Law/ Commerce, 4th Year

School: Caulfield Grammar School

School: Mount Scopus College

Favourite Destination: New York, New York.

Favourite Destination: New York City - find something new to do every time I go!

Responsibility - Organising all sponsorship for the Society in 2014 Course & Year Level: Arts (Indonesian) / Law, 4th Year. School: Overnewton Anglican Community College Favourite Destination: Beach Favourite Food: Sweet potato Best law joke you have heard Q: What do you get when you cross the Godfather with a lawyer? A: An offer you can’t understand. Most played song on iPod: Bad Religion -Frank Ocean If a movie was being made of your life and you could choose the actor/actress to play you, who would you choose? Karthik Maganty or Oprah Winfrey

Favourite Food: Chicken Pad Thai Best law joke you have heard : Q: What’s the difference between a good lawyer and a bad lawyer? A: A bad lawyer makes your case drag on for years. A good lawyer makes it last even longer.

Favourite Food: Chinese Food, its too hard to be more specific! Best law joke you have heard: I am embarrassed to say any joke about Kirby dissenting usually gets a laugh out of me.

Most played song on iPod: Don’t You Worry Child by Swedish House Mafia

Most played song on iPod: As soon as I find my missing iPod I will let you know

If a movie was being made of your life and you could choose the actor/actress to play you, who would you choose? Will Smith

If a movie was being made of your life and you could choose the actor/actress to play you, who would you choose? Christian Bale - but only because then I would be slightly closer to being able to say I am Batman!


HELP! THE PERILS OF DATING A NON-LAW STUDENT A.D While law seems to slowly take over every aspect of your life, somehow we always find time for a coffee, a chat and maybe even a nighttime drink or two. At some stage during these social occasions, there comes a time when (heaven forbid) a law student finds themselves attracted to someone outside of the law bubble. You find yourself talking about a variety of new topics, meeting a different crowd, and next thing you know, bam, you’re dating a non-law student. Whist this can be quite refreshing, there are a number of things that your non-law student partner will never understand about the habits of you and your friends: 1. How a massive night will be followed by hungover brunch discussions such as ‘who’s your favourite judge’….and how this inevitably leads to a heated debate about Kirby’s dissent rate and Mason’s “crazy” ideas. 2. Just how competitive law students really are. Non-law partners will never understand how a friendly game of Pictionary can descend (ever so quickly) into a fight involving dictionarys, name calling and accusations along the lines of ‘the creators of the game assumed that people playing would be reasonable! Your argument is not that of a reasonable person!’ 3. How people who study so hard can play even harder. It shocks outsiders to learn that while Saturday nights leading up to exams are filled with highlighters, statutes and tormenting the cat, as soon as the words “pen’s down” are uttered these sensible people become so inebriated you could convince them that Kirby preferred to be in the majority. 4. Just how important grammar is to us. A steamy text message can fizzle into a night of Boston Legal re-runs with a simple affect/effect misunderstanding or even worse, a wrong their/they’re/there placement. 5. Snail in a bottle YouTube take-offs and insults such as “you put the douche in fiduciary” are hilarious. Always. 6. Emotional breakdowns are simply part of the exam process. And comments like ‘but a credit is a good mark’ and ‘you’ve put in so much study, maybe you should take the night off’ are only going to make matters worse. 7. Coffee is not a sometimes drink. It’s not optional. Coffee must be available every waking hour of the day. No exceptions. 8. A law student will never have free time. Over the semester we dream about doing nothing; however as soon as the post exam celebratory hangover wears off, we become instantly bored. To remedy this we overcompensate and throw ourselves into work/legal experience/travel etc, meaning that hour-long phone calls and staring lovingly into each other’s eyes will forever remain an elusive dream. 9.

When we aren’t studying the law, we actually choose to relax by watching law related tv shows.



1. Anon please, here’s a Haiku I wrote for a girl I liked in second year law: Beauty is unmatched Come to my seat our eyes meet Forever I will wait Maybe someday I wwwill pluck up the courage to ask you out. 2. To the tall dark haired guy I always catch the same bus with who I haven’t seen since the end of T2 last year, I hope I have the chance to see you again and if I do I won’t waste the chance to get to know you better ;) 3. I dropped all my textbooks when I tripped over this cute girl’s bag, thanks for helping me pick them up and couldn’t help but notice that you enjoy Friends. I too have a passion for Friends, but it’s secret. Coffee some time?


4. To the cute blonde studying in the library with the dark glasses and hair tied up, in the words of Olaf from the movie I love soo much (Disney’s Frozen) “some people are worth melting for” and that, in my eyes, is you… 5. Suave Clooney lookalike at the Corner Café the other day, please approach me whenever you like. I was the girl wearing the maroon scarf

6. No, I didn’t want to kiss you while you had a boyfriend, even if he was the worst ever. You get angry for the drama I bring you. Sorry for trying to save your relationship, and not be selfish.

Feel like you’ve been stalked? Or maybe you’re just lost in love? Email your submissions to to use this space to find the love you’re so desperately searching for!!


Et Cetera Issue 1  
Et Cetera Issue 1  

Et Cetera is a DLSS run student magazine that is provided graciously at no cost to the entire Deakin Law School. More importantly, what doe...