The Jurist 2011 Issue 1

Acknowledgements The Jurist is published four times a year by the Flinders Law Students’ Association. FLSA is a volunteer, not-for-profit student association, and the peak representative body for Flinders University law students.

We welcome student and staff contributions on any subject.

Contact us at publications@flsa.org.au.

FLSA

Flinders Law Students’ Association

Editors Simon Collinson Ledia Hanna Jessica Kamleh Sponsorship

Kylee Moretti

Special Thanks

David Whan

Printing

Adelaide Copy

Editorial

Contents

Congratulations on your acquisition of The Jurist, version 2011.1.

FLSA’s Publications Engineers have been hard at work since our last release, resulting in a complete redesign of The Jurist’s core systems, as well as cosmetic changes we hope look more difficult than they actually were.

In this release: – Reorganisation into three new sections: Regulars, Features, and Diversions; implemented in order to streamline browsing efficiency.

– Introduction of four new regular features: – President’s Activities: A record of how the money you don’t give us isn’t spent.

– Upcoming Dates: For those without Google Calendar, a system for keeping track of upcoming dates.

– The Soapbox: A forum mechanism for the controlled release of opinions.

– Hall of Fame: A profile of a famous or infamous lawyer, either real or imaginary.

– Book Review: A forum mechanism for discussion of the merits and failings of a recently-released codex, or ‘book’.

– Updates from other divisions of FLSA Industries.

– Continuation of our series of interviews with prominent legal personalities: in this release, Ben Goodyear and Fiona Clarke.

– Reports from people who actually achieved something over the summer: – Katrina Hartman and Amy Sobels on the Jessup International Law Moot.

– Tom Schinckel on Washington DC internships.

– A multiple-choice quiz, sudoku page, and dot-to-dot puzzle, especially designed to satisfy our customers’ staggering, tertiary-educated intellects.

This release of The Jurist is specially designed to allow you to ‘Unleash Your Creativity’. To that end, we are moderately excited to announce the first UniBooks Creative Legal Writing Competition, open to all staff and students: details on page 30. A pecuniary reward – a $50 UniBooks voucher – is on offer for the best entry. Please note that certain uses of your creativity will void your Jurist’s warranty.

FLSA Industries would like to thank you for your custom. We hope you gain many minutes of use and enjoyment from your Jurist.

The Publications Engineers,

Regulars .

Editorial 2 President’s Message 4 President’s Recent Activities 5 Upcoming Dates 5 Letters to the Editor 6 Portfolio Update 7 Portfolio Update 8 Portfolio Update 10

Features Jessup International Law Moot Report Washington DC Internships Inspirational Ideas The Man behind the GPA

.

12 16 20 22

Diversions Quiz Hall of Fame: Lionel Hutz Sudoku Page Dot-to-Dot Book Review UniBooks Creative Legal Writing Competition The Soapbox Our Sponsors

.

26 27 28 29 30 30 .

31 32

Celia Le

Careers and Education Competitions Activities Katrina Hartman and Amy Sobels An interview with Tom Schinckel An interview with Fiona Clarke An interview with Ben Goodyear Coffee: The Law Student’s Wingman Ledia Hanna Lawyer, by Arthur L. Liman Jess Kamleh

Simon Collinson Jess Kamleh Ledia Hanna

2

The Jurist – Issue 1, 2011

The Jurist – Issue 1, 2011 3

President’s Message Celia Le Welcome to the first edition of The Jurist for 2011. FLSA has had an exceptionally busy start to the year.

During O-Week, the FLSA team ran the secondhand book sale. We assisted with the New-In-Law program, running the Amazing Race and providing free barbecues for the first year law students. This year’s cohort is an exceptionally enthusiastic bunch (and apparently competitive, having witnessed their devious behaviour during the Amazing Race). We welcome you to the Flinders School of Law! First Year Dinner was a huge success, with record numbers in attendance.

Even a few dedicated lecturers, tutors, and FLSA Committee veterans popped by for a chat. The St Patrick’s Day barbecue also proved popular; put your trust in FLSA’s Activities team to provide a never-ending supply of snags – as well as vegie patties for those who studied Animal Law over the summer.

What’s next on the social calendar, you ask? We’re trying something different this year and ending the term with a bang! The not-to-be-missed Charlie Sheen-themed pub crawl, ‘Bi-Winning’, will be held on the last day of the first quarter – 8 April 2011.

Turning to our more educational pursuits, attendance at the Legal Careers Fair was overwhelming, with eager students from all year levels, as well as a huge number of firms, companies, government departments, and organizations attending. A word of advice for those attending next year: questions about ADR are so 2010, collaborative law is the new black.

Finally, a quick refresher on what FLSA has to offer you: events, competitions, volunteering opportunities, educational seminars, merchandise, and more!

Best wishes, Celia Le

4

The Jurist – Issue 1, 2011

President’s Recent Activities January 13 Chaired FLSA Committee meeting.

January 20 Attended SALSC meeting to finalise clerkship scheme dates.

February 2 Attended the James Crawford Oration, guest speaker: Justice Antonin Scalia of the

Supreme Court of the United States of America.

Attended the Lord Mayoral Reception to welcome Justice Antonin Scalia of the

Supreme Court of the United States of America.

February 15 Chaired FLSA Executive meeting.

February 17 Telephone conference with the ALSA President to discuss matters affecting Flinders University Law School.

Chaired FLSA Committee meeting.

Attended FlindersOne Board meeting.

February 24 Attended O-Week and delivered an address to the First Year students during the New-in-Law program.

February 25 Attended O-Week to assist with the Amazing Race and free barbecue.

March 7 Chaired FLSA Committee meeting.

March 8 Attended SALSC meeting to discuss Tri-Varsity Competitions. Flinders University will

be hosting the competitions.

March 9 Attended First Year Law Dinner at the Old Exchange.

March 10 With the Vice-President, attended meeting with the Dean of the School of Law to

discuss the 2011 graduation ceremony and other matters raised by students.

March 15 Opened the FLSA By-Election.

March 17 Assisted at the St Patrick’s Day barbecue.

March 21 Chaired FLSA Executive meeting.

March 22 Attended Flinders University Student Council meeting.

March 23 Met with our patron, the Honourable Justice Lander, at the Federal Court of Australia.

March 24 Attended and delivered an address at the Legal Careers Fair.

March 28 Attended SALSC meeting with the Competitions Director to finalise Tri-Varsity dates.

March 31 Attended Legal Practitioners’ Education and Admission Council meeting.

Upcoming Dates Friday 8 April Saturday 21 May Tuesday 12 April Mid-Semester break Week 9 Week 10

Week 11 Week 12

July 8 – 15 July 18 – 20

FLSA ‘Bi-Winning’ Pub-Crawl FLSA Law Ball Law School Prize Giving Ceremony Paper Presentation Papers due Kelly & Co. Lawyers Open Moot Semi Final International Humanitarian Law Moot Grand Final Colthorpe Lawyers Witness Examination Semi Final Paper Presentation Grand Final Colthorpe Lawyers Witness Examination Grand Final Kelly & Co. Lawyers Open Moot Grand Final ALSA Conference SALSC Tri-Varsity Competitions

The Jurist – Issue 1, 2011 5

Letters to the Editor

Portfolio Update Careers and Education

Dear Editor,

Dear Editor,

Recent Developments

What is happening next?

I write to say thank you to the Law School for providing such luxurious lodgings for me and my growing family over the past few weeks. I was in something of a sticky situation at my previous accommodation, but I really spun out as soon as I saw this spot on the Flinders website: I knew that it would be a real buzz to spend some time hanging out in a place like this, where ideas are flying around everywhere.

Ok, look – we’re sorry. We were wrong. Do you really want to know what we thought? Well – it’s a bit embarrassing. We thought we were designing a building for a tropical climate. Specifically, India.

It has been a busy start to the year for the Careers and Education portfolio. After months of hard work and planning, the 2011 Flinders University Legal Careers Fair took place on Thursday 24 March. The Fair was a huge success, with over 33 law firms and government representatives available to talk with students on the night. Students were also fortunate to hear from the Honourable Justice Kourakis of the South Australian Supreme Court, who opened the Fair and took the opportunity to meet with students.

The Careers and Education team is in the process of organising further legal education seminars, as well as a presentation on full semester and short term exchange programs for law students. We are also compiling the results of the Careers Fair Survey, which will be made available to firms in preparation for the 2012 Fair.

Yours sincerely, The Spider Outside 1.06

Here’s what went wrong: we got an email from ‘inders Law School’, requesting a design for a new building.

Naturally, we thought the email was corrupted or misspelt, and that it was actually from the ‘Indus Law School’, one of our previous clients. We consulted the design specifications from our previous work – small windows, lots of shade, covered walkways, narrow entrances, and an earth bank for sunbathing – and used them to plan the new Indus Law School building.

Dear Editor, Why must I get a workout every time I go to uni? I know I should be grateful this year if I am able to find a free parking spot on the gravel, but I can’t accept that this might be as good as it gets. Census date has come and gone and unfortunately too many students have chosen to stay at Flinders. With Winter approaching and rainy days to come, I don’t know if I can make it. Perhaps the university would like to use the old mini loop bus to pick students up from the gravel?

Regards,

Everything went swimmingly, at least from our perspective. But now it turns out that the building we designed wasn’t for the Indus Law School at all – and that in Adelaide it turns into a cold, dark wind tunnel. At least our contract with the Linde School of Education went well!

Yours apologetically, Architects-R-Us Have something to say? Write to us at: publications@flsa.org.au

The 2011 FLSA Legal Careers Guide (LCG) was also released at the Fair and is now available for collection from the FLSA office (Room 2.51 LWCM) between 11am and 2pm weekdays. The LCG has grown even bigger this year, and includes a comprehensive collection of articles canvassing a range of legal and alternative fields. The LCG is a great place to look for ideas regarding possible employment options, and can also serve well as a general career-building device.

Another vital publication for those students about to apply for clerkships is the 2011 Law Directory.

The Directory provides background information and application dates for a large number of local, national, and international firms. Make sure you grab a copy of both of these publications, as they will greatly assist in compiling your portfolio.

The FLSA President and Vice-President will also be attending the Australian Law Students’ Association April Council, which is being held in Newcastle.

This is a chance for FLSA to hear about the work of other law student associations from around the country, and also help FLSA generate possible new initiatives they may undertake.

As clerkship application season approaches, don’t forget to make use of the Careers and Employer Liaison Centre. They have invaluable resources on CV writing and applications tips, and hold weekly resume clinics and drop in sessions. Check out www.flinders.edu.au/careers for more information.

Portfolio Members Shae Roberts (Vice-President) Samantha Kontra (Careers Officer) Toni Gascoigne (Education Officer)

Puffed Out

6

The Jurist – Issue 1, 2011

The Jurist – Issue 1, 2011 7

Portfolio Update Competitions With the close of registration not long behind us, there is not yet much to report on the progress of competitions. However, with the commencement of the first rounds, the Competitions Team is looking forward to an exciting Semester One, which will result in some brilliant performances and close calls!

At the commencement of the semester, our new students expressed a high level of interest in competitions! Either as competitors themselves, or as volunteers, it has been excellent to see so many of them getting involved during their early days as students.

We would also like to welcome back some serial competitors who haven’t been able to say no to competitions in 2011, and wish the best of luck to those who have opted out of competitions in 2011 to focus on their other endeavours – you will be missed!

Furthermore, we are pleased to welcome back our previous major sponsors, Kelly & Co. Lawyers, for the Open Moot and First Year Moot, and Colthorpe Lawyers, for the Witness Examination. We would like to thank Lipman Karas for sponsoring the Negotiation competition and Cowell Clarke for joining us in sponsoring the Client Interviewing competition in second semester.

8

The Jurist – Issue 1, 2011

The Competitions Portfolio is shaping up to have an exciting year, with some new developments allowing students to showcase their talents through competitions.

The biggest selling point for our competitions this semester is undoubtedly the involvement of the judiciary and that of our loyal sponsors.

This year we have secured representatives from a number of State and Federal Courts. This includes Justices Vanstone and Kelly of the Supreme Court of South Australia, judging the Semi Finals of the Kelly & Co. Lawyers Open Moot; Judge Tilmath of the District Court, adjudicating the Colthorpe Lawyers Witness Examination; as well as the Honourable Justice Lander of the Federal Court of Australia, playing host to the Grand Finals of these competitions. This unprecedented and greatly appreciated contribution by the judiciary is set to propel the competitions from a simulated legal practice exercise to what feels like a real-life courtroom experience. It will also give competitors the opportunity to showcase their abilities to senior members of the judiciary.

Along with this, the Competitions Portfolio has been reworked. Our rules and structures now nominate a number of awards for competitors in

each competition. These include the award for the Best Written Submissions in the Kelly & Co. Lawyers Open Moot, and the Best Witness award in the Colthorpe Lawyers Witness Examination.

Competitors and volunteers alike will be able to fight it out for top prize in these specialised areas.

Not only that, they will have a little fun doing so!

Unfortunately, while the Team has worked hard to rework the portfolio, competitor registrations in a number of competitions have fallen for the first semester of 2011. Student numbers in all competitions, with the exception of the Paper Presentation (which is looking to be the most competitive contest of them all), have reduced this semester. This has been attributed to a number of issues, including the change in the curriculum, and the accompanying student confusion and work overload.

But – all is not lost!

The Competitions Team and the FLSA Committee will be working alongside a number of key competitors and contributors to examine the current portfolio in the hope of maintaining and further improving competitions for all students. We will be looking at a range of improvements including: marketing (to further engage students’ interest), restructuring

timeframes of competitions, incorporating more exercises to further refine students’ practical skills, and, lastly, the addition of smaller competitions throughout the year.

With these improvements we hope to better cater for the needs of students in assisting their development and Law School experience. If you have any comments regarding this redevelopment, please drop us a line at competitions@flsa.org.au – we would love to hear from you!

In summary, the Competitions Team is still going strong, and is moving in to what looks to be a smaller but much more exciting and engaging competitions period in the first semester. We would like to wish good luck to all those involved – we will see you in competition – and look forward to our next update in the next edition of The Jurist!

For more information, please do not hesitate to contact us at competitions@flsa.org.au, or visit the website at http://www.flsa.org.au/competitions/.

By David Mason (Competitions Director) and The Competitions Team.

The Jurist – Issue 1, 2011 9

Portfolio Update Activities Recent Developments This year the Activities team was working hard even before week one, welcoming the new first-years to life in the Law School during O-Week. We welcomed the newcomers with two barbecues and got everyone involved in The Amazing Race. The Race was an orienteering challenge spanning the entire campus, and involved a number of fun activities.

The First Year Dinner was a huge success, with over 70 enthusiastic students attending – as can be seen from the photos on these pages! After the dinner we partied late into the night with drinks and some games. A big thank-you to The Old Exchange for having us.

10

The Jurist – Issue 1, 2011

The first barbecue of the semester was also successful.

The Courtyard was decorated with green streamers and balloons to celebrate St Patrick’s Day and the opening of this semester’s competition registrations.

What is happening next?

We are in for an exciting semester with two major events ahead: our first Pub Crawl, with the theme ‘I am Bi-winning’, to be held on 8 April, and Law Ball on 21 May. Watch out for us on weekdays between 11am and 2pm in the courtyard, as we will be selling tickets to upcoming events.

By Sarah Donoghue (Activities Director) and the Activities team.

The Jurist – Issue 1, 2011 11

Jessup International Law Moot Report Katrina Hartman and Amy Sobels Background The Jessup moot is the most reputable of all international law moots, with a high standard of competition and over 500 law schools competing from over 80 countries around the world. It is also the oldest mooting competition, entering its 52nd year. The National competition is held each year in Canberra, and the International round of the Competition in Washington.

This year Flinders sent a team of five students to the National Australian round of the competition. The team representing Flinders University was Michael Swanson, Ruy Bucholz, Katrina Hartman, Amy Sobels and Ogy Simic. The Australian National Competition is known as one of the most highly competitive regional rounds, and year after year produces Grand Champions, Grand Finalists and Top Fifty Teams. Amongst this group, Flinders University placed 17th out of 20 teams. The high level of performance by the Flinders University team was recognised with two awards: ‘The Best and Fairest’, and ‘The Spirit of the Jessup’ awards. Both are highly coveted awards, and are given to teams voted as deserving by their peers and team coaches.

Flinders University has completed the 2011 round of the Jessup Mooting Competition with a highly respected reputation and a very strong foundation on which to build in future years.

We completed a 22,000 word memorial and then travelled to Canberra to compete in the four preliminary oral rounds. The memorial covered four different questions of law and had to be written from the perspectives of both the respondent and applicant. Each team member researched and wrote on one question of law for both applicant and respondent. Katrina Hartman did exceedingly well in researching and compiling the memorial in response to a question of corruption concerning an International corporation, a particularly complex area of law, considering it necessitated many policy arguments. Michael Swanson performed extremely

12

The Jurist – Issue 1, 2011

well in the oral rounds of the competition, displaying an enviable ease when navigating intricate areas of International Humanitarian Law. He showed great prowess in conversing with the bench of judges.

Amy Sobels did an excellent job in researching and arguing a very controversial point of law, in the banning of the Mavazi (a garment akin to the Burqa).

Both Ruy Bucholz and Ogy Simic did an amazing job in response to very interventionist benches of judges. They were able to respond to hypothetical circumstances and convey strong lines of argument.

Overall, the team put in a very strong performance, especially in light of the challenges faced in funding and organising a Jessup team.

The University of Western Australia and The University of Sydney were the two teams to compete in the Australian Grand Final and progress to the International Rounds in Washington. They are teams from Universities which typically make the top eight nationally. These teams not only have full sponsorship, but gained course credit for their participation. The University of Sydney defeated Columbia University in the International Final to win the 2011 Jessup Moot.

Practical Experience The Jessup competition provides invaluable practical legal skills experience, and is a great opportunity to engage in practical activities directly relevant to the area of International Law. The competition also develops teams’ written skills through the preparation of written memorials for International Legal Bodies such as The International Court of Justice. It was also a lesson in the different court etiquette used at the international level, as opposed to the national level. The skills learnt were also highly transferable to all areas of law. The mooting, submission writing, and legal problem solving skills which the team developed can now be built on further with the feedback provided by judges. The competition also provided the team with an opportunity to view these skills being fine-tuned by our future colleagues.

Engagement with World Issues The Jessup moot prides itself on the fact that it enables competitors to engage in exercises of highlevel legal problem solving. International law is a highly contentious field in that much of it is not based in positive law. It takes a great amount of research, analysis and thought to find solutions to the legal questions presented. The legal questions are also highly contentious and based on contemporary issues which engage different political and cultural views. The competition is designed as such to challenge world views and encourage the understanding of different perspectives. This year debate centred around national security, women’s rights and the burqa, corporate social responsibility, and the use of predator drones in armed conflict.

These are areas of law in which no definite stance has been taken by the International community.

We found it exciting to engage with the live debate, which required us to not only have knowledge of the law, but also of politics and world events.

The 2012 Jessup Moot question looks to be equally exciting, with the question appearing to be based on the current conflict occurring in the Middle East.

Continuity of Positive Reputation Flinders University law students have been quite successful in establishing a positive reputation in interstate competitions over the past year. There is no doubt that this has been reinforced by our participation in the Jessup Mooting Competition.

The awards won by the team were decided by a vote of the team’s peers; both students and coaches voted.

Professional Networking The Jessup Mooting Competition was also a great opportunity for professional networking. The competition final was judged by Chief Justice French at the High Court of Australia. Judges of the lower level rounds of the competition were international lawyers from various governmental departments, including the Attorney General’s Department, the

the Australian Defence Forces, and the Department of Foreign Affairs and Trade; as well as leading academics and practitioners in the field, including Flinders’ own Grant Niemann. We were given great exposure to those at the very heights of our field.

Jessup is highly revered throughout the academic community. Some of Australia’s best respected academics are previous competitors and coaches, such as Hilary Charlesworth, who spoke at the opening presentation of the competition, or Gillian Triggs (who coached Hilary Charlesworth). One needs look no further than the Flinders University Library and International Law reading lists to find many of their publications.

Conclusion While there is no doubt that the Jessup Moot is the most difficult moot competition around, and that it requires a lot of dedication, particularly over your summer, the experience that you gain from competing in it is invaluable. Our success this year is a stepping stone for Flinders to promote student engagement in the field of international law and build a highly competitive Jessup team for the future.

For me, the most rewarding moment of the competition was when it was announced that Flinders had won the ‘Spirit of Jessup’ award. This announcement caused the room to erupt with loud cheers and applause and an impromptu standing ovation from not only our peers but also from Chief Justice French and his wife. This display showed the respect our peers held for us for funding our way to Jessup.

Susan Breau will be displaying ‘Phillip’, the Best and Fairest Teddy Bear, in her office for students for the remainder of the year. We have to adorn the bear with something, which will perpetually represent the efforts of Flinders University in becoming Best and Fairest. ‘Phillip’ needs to be returned to competition next year. So go see Phillip and get involved.

The Jurist – Issue 1, 2011 13

Washington DC Internships An interview with Tom Schinckel Every summer, students from Flinders travel to Washington, D.C. for two months to work in offices of members of the United States Congress. Tom Schinckel was one of this year’s interns, and he was kind enough to talk to The Jurist about his time in the US. So – is it good to be back home?

Well, it’s always good to be back in Adelaide, but I really miss DC and the friends I made while I was over there.

Tell us a little bit about the Washington Internship Program.

We intern in the office of a member of the House of Representatives or a US Senator. As well as working in the office on a variety of things, we also begin producing a research paper which is our assessment for the program.

knowledge) in the federal government you can work without US citizenship. That being said, foreigners, with the exception of Australians, are pretty uncommon on the Hill (as Congress is colloquially known). We only met about four other foreign interns. There are about thirty Australian uni students on the Hill every summer, but Flinders University is the largest source of foreign-national interns to the US Congress.

So how did our little decidedly non-sandstone University end up in that prestigious position?

We have the (awesome) head of the American Studies Department, Don de Bats, to thank for coming up with the program 11 years ago. They sent 3 interns in 2000 – this year there were 7 of us working on the Hill!

Where did you guys work, and what was the work like?

I worked for Lynn Westmoreland, a Republican member of the House of Representatives from Georgia. Two of the other Flinders interns were in Republican House Offices as well, two were with House Democrats, and the remaining two worked for a Democratic Senator.

The member basically has complete control over who he or she hires and how the office is run, and obviously members from different states and parties have different legislative priorities, which mean we all had different experiences. A House of Representatives office generally has about 8 to 12 staffers, plus up to four interns. In my office, we had 8 staffers and a full complement of interns.

An intern’s main job is to help out with the grunt work in the office – opening mail, answering phones, greeting visitors, and running errands. If you’re unlucky, you get stuck doing this stuff all day, every day. But thankfully we pretty much all got to ditch the letter-openers at one point or another and do some research, draft some letters and other interesting things.

So – in summary, lots of work, no pay. Any perks to the intern gig?

Of course! First, of course, is your ID badge – which gives you unhindered 7-day access to the Capitol Complex, an easier ride through the security

The view from the Dome.

on the weekends, going through all the ‘Authorized Personnel Only’ doors to the envy of the tourists.

The other perk is that many of the sites in DC – the White House, the Pentagon and others – require you to book tours through a Congressional Office.

This makes it tricky for foreigners to get, but a piece of cake for us. So we saw the (limited) parts of the White House and Pentagon tourist can see. But while the Pentagon and White House tours are open to the (US) public, the Dome Tour, where you climb up to the top of the Capitol Building and get an amazing view of Washington DC, isn’t. Until this year, you used to actually have a Congressman or Senator with you – considering the fact that often members of Congress will find themselves quadruple booked, this can be a bit tricky! Now you need only take a senior staffer with you, which make things a lot easier, and in the end all of the Flinders guys got to do the Dome Tour.

The Capitol building.

Internships are a very important part of the whole government sector in the States, not just in Congress, but also for lobbying firms, public interest groups, and executive branch agencies. Just about everyone in Washington DC has interns floating around – even the CIA! Interns are an especially important part of congressional offices, due to their small staffs and huge workload. It’s also the only place (to my

16

The Jurist – Issue 1, 2011

The Flinders delegation.

Tom with Congressman Lynn Westmoreland.

checkpoints to get into the Capitol, and best of all, access to the ‘Members and Staff’ line at the cafeteria.

There are very few parts of the Capitol which are off-limits to you, mainly the actual chambers of the House and Senate. It’s pretty cool to wander around

Companies, associations and organizations are always dead keen to get Members of Congress and staffers and hassle them about their interests, so every night there’s at least one reception going on around the place. Free food and drink, but you run the risk of having a lobbyist talk to you about fertilizer for an hour.

And finally – Georgia is the home of Coca-Cola, so we got free Cokes (and all the other delicious drinks

The Jurist – Issue 1, 2011 17

Coke makes!) Very useful when negotiating dishwashing duties and bartering with other offices!

one of the first black Republican Congressmen in a long time. I figured it was my last day, and with his current popularity he might be President someday,

What was the highlight of the trip?

Giving a speech on behalf of the Flinders Interns at the Australian Embassy in front of the Ambassador, Kim Beazley, was definitely an honor. None of the previous intern groups had managed to get a Member

Tom with Congressman Allen West.

Tom with Congressman Westmoreland’s staff.

of Congress to the Internship Program Reception at the Embassy – we managed to get two!

The guys in my office hooked me up with some really cool stuff, including shooting a silenced MP5 (Second Amendment, baby!) and going to Lockheed Martin’s headquarters and flying their F-22 and F-35 simulators (just call me the Iceman).

But the highlight of the trip was on my very last day in the US. I was in the House for the very last time, turning in my ID badge and saying my goodbyes, when, while walking through the parking garage, I ran into Allen West – a freshman congressman from Florida, one of the heroes of the Tea Party and

18

The Jurist – Issue 1, 2011

so I explained who I was and asked for a photo with him. His response: ‘Sure – as long as we can do the Aussie Aussie Aussie thing.’ So we shared a boisterous Aussie chant in the basement of the Rayburn House Office Building.

Cool – so, say I want to get on this intern guff – how do I do it?

You need to be an American Studies major to apply.

You can do this in Arts or International Studies, but not in Law on its own. You need to take some prerequisite topics about American Politics as well.

You obviously need good grades and to be mature enough to handle the job. The program is highly regarded by the Australian Embassy for the goodwill that it fosters with Congress, so they don’t want to send people who aren’t up to scratch.

But definitely give it a shot – it was the best time of my life!

Inspirational Ideas An interview with Fiona Clarke Fiona, can you please summarise your academic background and how your personal life influenced your decision to study law?

I studied year 11 and 12 as a mature age student.

I then studied a science degree in biomedicine.

From that, I completed an honours degree in immunology. I then worked for a number of years in the pharmaceutical industry, as a pharmaceutical representative.

It was not until my family went through a victim of crimes situation that I considered studying law.

Basically, at that point I became quiet disillusioned with the criminal justice system and thought to myself, ‘what better time to study the legal system,’ since I was experiencing it first hand. The main reason I wanted to study law was to try and change the system for giving evidence!

How would you describe the criminal justice system?

To be honest, I feel as though it often re-victimises the victim. There are various delays throughout the system which contribute to this. Generally, the adversarial nature of the criminal justice system is detrimental to child and adult victims of abuse and rape. Admittedly, there have been positive changes made in some states. For example, changes have been made in relation to the onus of proof rules.

Various states are also working on delays in relation to evidence giving.

Can you share your experience in the workplace as a lawyer?

As a lawyer, I worked with a firm that dealt with both criminal matters and workers’ compensation.

The workers’ compensation cases I came across utilized the medical knowledge I gained during my previous degree. Prior to this, I had an association with that particular firm for a few years; I was a law clerk there. At first, it was difficult to make the transformation from executor (in my previous job)

to solicitor. However, I later gained a substantial amount of insight as to the behind-the-scenes work law firms must undertake. Also, I felt that there was little opportunity to receive any mentoring. I do not blame the legal profession for this. Rather, is the nature of the current working environment.

That said, I was inspired by the level of skill senior solicitors displayed within the courtroom. I believe that firms have been doing their best to better the profession.

What do employers expect of their solicitors?

It is actually very interesting – the expectation, and in some ways this is quite understandable, is that once you are a solicitor, you are able to handle the job. I believe that Flinders University does an amazing job at training students to be solicitors.

However, I believe that in this current environment, which places high stress levels on firms, there is a gap between the skills a student possesses and the skills firms need. Having said that, it would be great to reward firms that take on juniors, maybe by granting them more resources to bridge the gap.

Do you have any pointers on law firms and their view in relation to training up and coming solicitors?

Small- to medium-sized law firms often employ a junior solicitor to do urgent work. However, little regard is given to training these juniors. Even when a firm does invest time in training a solicitor, the solicitor may leave and go elsewhere for more pay. It seems to me as though firms do not feel as though they are getting a return for their investment. Firms are inevitably caught between a rock and a hard place!

How can students best prepare for the workplace?

Well, firstly, acquire as much practical experience as possible, even as a law clerk. As a law clerk you will find that solicitors take the time to teach you and show you the ropes when they have a spare moment.

This introduces you to the legal profession, but without the added pressure that comes with being a full-fledged solicitor, where you are run off your feet yourself and there are no spare moments. Also, look into getting a clerkship, or even two or three within a few firms. I learnt a great deal that way.

Some more advice would be to stretch out your law degree as much as possible. From tutoring law students I have seen an anxious rush to finish the degree and work. However, in doing so, some students omit to acquire work experience along the way. This makes it difficult to hold a job or cope once graduated, as they have few or no contacts, which results in some students becoming rather devastated.

Another idea would be to consider undertaking a clinical placement within the university. Look for work experience, or even go to the courts and spend some time watching how the legal system operates.

What you wish you knew when you were in law school?

How little I was going to get paid! Honestly, how difficult it can be out there. It is all about the preparation you do when at university. Another thing I wish I knew was how to be self-aware. If I had taken the time to asses my personality, I probably would have realized that although they may be for some, law firms are not the place for me.

I am more of a creative type, and I found that working in the legal industry the creativity within me could not be expressed. When I am teaching the creative control belongs to me: I am in control of how I operate the class and interact with students.

However, at the firm I felt powerless. I felt restricted by the office environment. For example, I had to time my conversations for billing, and work on papers with limited client contact. This might be ok for some personality types, but it was not for mine.

What is your take on the relevance of a law degree?

I believe that a law degree is a great degree to have completed. It provides the brain with the necessary training to be able to think in a logical and concise manner. Furthermore, law is a highly respected discipline. There are a number of opportunities available for law students, including – but not limited to – practicing as a solicitor or barrister.

What skills does a good lawyer need to possess?

Well, lawyers need a balance of organizational skills, meeting the needs of their clients, and communicating well. Furthermore, there are many deadlines that need to be met. I find that one thing lawyers lack is good follow-up. Sometimes, calling the client and informing them of the status of their situation is a reassurance mechanism which facilitates lawyer-client rapport.

Do you have a life motto?

Trust your intuition when it comes to your career!

There is a saying: ‘the distance between a rut and a grave is only a few feet.’ So do not get caught in a rut, as this means death to your spirit. Instead, go with your instincts and trust that things will fall into place.

Where can we go to find more of your career advice and tips?

Feel free to contact me and visit my website: www.inspirationalideas.com.au for inspirational ideas, career or legal advice.

Fiona Clarke was interviewed by Ledia Hanna.

20

The Jurist – Issue 1, 2011

The Jurist – Issue 1, 2011 21

The Man Behind the GPA An interview with Ben Goodyear This month, The Jurist goes one-on-one with an enigma of the Law School; a student you may have heard lots about, but know quite little of: Benjamin Goodyear.

So, how are you today, Ben? I don’t want to answer that question.

Huh? Why the hell not?

If I answer in a positive fashion, I might be estopped from later ending the interview on the grounds of illness.

Er, ok. An early indication this is going to be a long and painful interview. So, why law?

I love arguing. I always have. Even as a kid I used to argue about the rules in Monopoly, Scrabble etc.

It’s surprising how many people don’t know the first word played is always on a double word score tile.

After all, the middle square on the board is pink.

Any other reasons for studying law?

I’m quite competitive, so the adversarial nature of our legal system resonates with me. A life of competing and arguing; what more could I want?

Fair enough. You sound like quite an annoying and abrasive person. Remind me never to invite you to a dinner party. So, what’s the deal with sitting down the front, spreading out over three chairs, and asking questions incessantly?

I think I ask the questions that most people are thinking, but just don’t bother asking. Either that or I really am just quite annoying.

Do you have a life? Any friends?

I think Bridget Laffy and Aneta Peretko would still say hello to me if I bumped into them in the courtyard.

David Whan too, but he’s almost as insane as me, so I’m not sure if that’s a compliment or not. Most other people just look away or stare at the ground when I walk past, or pretending to be sending SMSs

22

The Jurist – Issue 1, 2011

on their iPhones.

Do you ever have study breaks?

Not really. The other day I was walking around the house and stubbed my toe, and then I thought about suing myself and mumbled out loud ‘was it reasonably foreseeable to a reasonable toe in my big toe’s position that damage …’ and then I started analysing the contributory negligence that my heel had to play. So I think I needed a short break then.

You recently gave a presentation entitled ‘The Definitive Guide to Success at Flinders Law School’. If you are so competitive, why would you share your secrets?

I need the competition. If anyone wants the full document of that presentation, they can email me and I’ll send it to them.

I heard you are going to run a 3-day camp entitled “How to Win at Everything in Life… Even Art”.

Isn’t that a bit much?

I like to give back. I’m also contemplating starting my own religion.

Do you ever read anything that isn’t related to one of your law topics?

Sure.

Well, what?

The Australian Guide to Legal Citation.

I said not related to one of your law topics.

It isn’t related to one of my law topics. It’s related to all of them.

You’re not normal, are you. I heard that when you are at a bar and ordering drinks from the same barman, instead of saying ‘same as before thanks mate’ you just say ‘Ibid’.

Ipso facto.

And what is with the FLO posts? Some are informative, while others are patronising to the point of being arrogant. Occasionally they deteriorate into completely incoherent ramblings.

Why? I live alone.

You don’t say! How do you have so much time for study?

I deleted Facebook when I started studying law, and I don’t watch TV, so that freed up some time.

You don’t watch TV? Ever?

Well, I watch TV on DVD. That way you can watch discrete lots of TV without the adverts, and you don’t have to wait until next week for the next episode.

Favourite shows?

The West Wing, Boston Legal, and The Wire (thanks Ryan).

Speaking of Boston Legal, you’ve been compared to Alan Shore – what are your thoughts on that?

I think Alan Shore would be flattered.

What’s the worst thing about studying law?

Probably when I am at family gatherings, when everyone seems to throw these mundane and trite questions at you like ‘I got this parking ticket, do I have to pay it?’ The thing is, the more you learn about law, the more you realise that the answer to questions like that is always ‘it depends’. So the more you study, the dumber you look, because you can’t really offer any advice to situations like that.

Anything else you find annoying about studying law?

Well, it is quite annoying when you’re doing legal research and you think you’ve found the snippet of ratio you’re looking for, and then you get the old ‘however, that view is unsupportable by virtue of the

greater body of authority …’ Or you realise you are reading a dissent.

Are there any people that annoy you?

I detest when people don’t use apostrophes of possession and contraction correctly, confuse “you’re” and “your”, or confuse “loose” and “lose”.

Not wanting to see endless errors like these led me to deleting Facebook. [Ed.: Your hired.]

Are you sure it wasn’t because you didn’t actually have any friends? Anyway, moving on: who would you say are your favourite teachers?

To be perfectly honest, the staff are pretty fantastic at Flinders Law School. I’ve completed a Bachelor of Science at Adelaide Uni, Grad Dip in Finance at Kaplan, and a Grad Dip in Business at UniSA, and these teachers are some of the best I’ve ever seen.

In no particular order, I’ve really enjoyed studying under, and learnt incalculable amounts from, Lesley Petrie, Tania Leiman, Elizabeth Handsley, Bibi Sangha, Rhain Buth, Mary Heath, and Hossein Esmaeili. They all have very different teaching styles, but the staff are all extremely knowledgeable.

What are some of the most memorable things you’ve learnt from studying law?

Well, I really do learn fascinating things every day, and it’s impossible to narrow it down to only a few.

I think we are incredibly lucky to have a law school that promotes active discussion between students.

I’ve learnt so much from discussing law with some incredibly bright students, in particular Ryan Kuss, Will Nixon, and perhaps the best proof reader on the planet, Aneta Peretko.

Perhaps the most shocking thing I’ve learnt, however, is the incredibly low rates of conviction in rape and sexual assault cases. Mary Heath’s article Lack of conviction: A proposal to make rape illegal in South Australia (in the Australian Feminist Law Journal, 27,

The Jurist – Issue 1, 2011 23

175-192) might appear to have an attention seeking title, but on reflection, it carries great significance. I mean, if someone who commits a crime knows there is almost no chance of being punished for it, is that act really illegal? What is law without remedies and sanctions? This is just one example of countless ideas that I have found extremely mentally stimulating by studying law.

Let’s lighten the mood a little. I heard you are in an amateur theatre group and you performed in this year’s Fringe. Is that true? I suppose it’s another form of attention seeking.

Correct on all counts. I enjoy acting and being part of a group. Studying law can involve many long and lonely hours. I suppose the acting will help if I end up going to the Bar. Any other hobbies or pastimes?

When I’m not studying, I’m working as a DJ in a few bars around Adelaide.

Musical tastes?

I like jazz, classical, afro-latin grooves, and funk music.

What’s the meaning of life?

Read The Power of Now and you’ll find out for yourself.

In essence, the meaning of life is that the only point in time that matters, or even exists, is now. 99% of

24

The Jurist – Issue 1, 2011

people are chained to the past, or living in hope of the future. How many times do you replay past moments and analyse them with endless but useless thought? The same can be said with envisioning future events. Embrace the impermanence of life, realise that nothing really matters, and approach things with a joyful and playful ease. If you want to see how insane the world really is as a result of not living like this, simply read the news.

Nothing really matters? That sounds a bit odd for someone that takes his study so seriously!

It’s precisely because I appreciate that nothing really matters that I approach things with such vigour.

Well, we’re almost out of time. Thanks for your time. Before I go, I’m sure there are people out there wondering, is it true that you’ve concocted this entire interview, and that I, the interviewer, am nothing but a figment of your imagination?

Possibly.

Is that not proof you are eccentric, if not completely insane? Or at the very least, you are a narcissistic egomaniac?

Probably.

On that note, thanks again for your time.

Thank you. And I feel fine today. Thanks for asking.

Quiz

Hall of Fame: Lionel Hutz

Coffee: The Law Student’s Wingman

Ledia Hanna

What sort of coffee-drinking law student are you?

Take the coffee quiz to find out!

Character Voiceover: The late and beloved Phil Hartman.

1: You tend to write your assignments: (a) Well ahead of time (b) At a reasonable time before it is due (c) At the last minute (d) Assignments? What assignments?

If your answers are mostly..: As – Your Preferred Coffee is: Indrya Your coffee style is strong, full-bodied and distinct.

You have a strong personality and know what you want and when you want it. You are assertive and like to be in control.

2: You participate in extra-curricular activities related to your chosen career path: (a) Always (b) Just those which interest me (c) Only if I must (d) Never 3: You would describe your legal writing style as: (a) Intense and blunt – straight to the point (b) Fluent, gentle and smooth (c) Messy and confusing, yet fiery (d) Writing? You mean copy and paste?

4: As a lawyer your submissions would be: (a) Of character, substance and grit (b) Clear and coherent (c) Long but still effective (d) I would wing it because I am awesome

Also Known As: Hutz endeavors to rename himself on multiple occasions: he was once known as Miguel Sanchez, and on another occasion the Vietnamese Dr. Nguyen Van Phuoc. Clearly, attempting to recreate his persona in the hope of gaining the trust of his clientele has operated to the further detriment of his declining reputation.

Bs – Your Preferred Coffee is: Livanto You enjoy a balanced and delicate coffee with woody hints. It is gently roasted to perfection, with a hint of sweetness. You are rounded and well balanced, in touch with your legal side, yet open to new ideas, optimistic, and enjoy balancing study and social commitments.

Cs – Your Preferred Coffee is: Volluto Like the Volluto, you have a sense of disorder about you, yet you manage to meet your study requirements when needed. Your coffee preference would be a mixture of slightly fruity notes, representing your robust and uniquely crazy style!

5: If you ever became a judge you would: (a) Be assertive – litigation is a serious matter. (b) Be patient and approachable, yet strong. (c) Demand that the parties improve their

organization and preparation skills. (d) Make sure the relevant parties get what’s

coming to them!

26

The Jurist – Issue 1, 2011

Named after: The famous and unconventionally quirky Mr L. Hutz was named after Sir Lionel Luckhoo, QC (senior partner of Luckhoo & Luckhoo, in Georgetown, Guyana). Throughout Sir Luckhoo’s career he as achieved 245 successive murder charge acquittals (spanning between the years 1940 and 1985). Unfortunately for Hutz, true success was to become a figment of his imagination.

Ds – Your Preferred Coffee is: Fortissio This coffee is a full-bodied blend with bitterness and has dark notes of roasted beans. It is slow to roast and does not offer the coffee punch other flavours do. Simply put, you are characteristically bitter, cynical and lazy; with no zest for life. You resemble the Lionel Hutz of your generation.

Profession: ‘Extremely Legitimate Attorney-at-Law.’ Graduated From: Claims to have graduated from Princeton, however Princeton has not founded a law school. Thus, place of graduation remains unknown, and to this day, Hutz’s graduation remains a speculative event.

Name of Firm: ‘I Can’t Believe It’s A Law Firm’, located in the Springfield Shopping Mall.

Place of Residence: The Y.M.C.A Origin: Germany.

Clients: Hutz has represented various Springfield residents. Ranging from the elite to the low level slummers of Springfield, these include: – The well-versed Mr Burns (episode – Bart gets hit by a car) – Marge (episode – Marge in Chains), Homer

(episode – Treehouse of Horror IV) and Bart (episode – Bart the Murderer, Burns’ Heir) – Krusty the Klown – Selma (Marge’s sister and, funnily enough, Hutz’s former wife) Famous For: Sloppy, unconventional and ineffective legal practice. Quite frankly, it comes as no surprise Hutz has tried his hand at various other professions including babysitting, acting, substitute teaching, and playing golf. Sadly, Hutz has not found his true calling and remains on the lookout for his next comeback.

Self Promotion: To re-ignite and further his career, Lionel advertises his legal services by offering the public business cards that inflate into handy sponges!

Surely, his practicality and ‘know-how’ skills speak for themselves!

Highlights and Cases Won: – Lampwick v Meyers (where Hutz won an $800 billion judgement for his client).

– Homer’s case against Captain McAllister and the Frying Dutchman Restaurant over its ‘All You Can Eat’ offer.

Famous Quotes: ‘This is the most blatant case of false advertising since my suit against the movie The Never-ending Story!’

‘Case won in 30 minutes or your pizza free.’

Best known for: His overwhelming trail of failures, lack of ethics, and recurring moral delinquencies.

All such characteristics are evidenced by his lack of organisation, commitment and minimal-to-zero client satisfaction.

Conclusion: Whilst a well-known individual to many fellow Springfieldians, this uncanny, negligent, illequipped lawyer sure has a long journey to success ahead of him!

The Jurist – Issue 1, 2011 27

Sudoku Page

28

The Jurist – Issue 1, 2011

The Jurist – Issue 1, 2011 29

Book Review

The Soapbox: Jess Kamleh

Lawyer, by Arthur L. Liman

Will South Australia’s New Liquor Licensing Laws Curb Alcohol Related Violence?

Enter a land of mystery and profound wonder, as Arthur L. Liman endeavors to enchant and challenge up-andcoming lawyers with intriguing tales of his journey throughout the legal profession. Liman, a graduate of Yale Law School (1958), writes of true professional success in its purest form, ‘serv[ing] your client with zeal and heartfelt devotion”.

Within the boundaries of this principle, Liman worked as a solicitor at Paul Weiss and the US Attorney, and finally became an accomplished

barrister in his own right. The life and work of this famous counsel demonstrate that the secret to greatness lies within each one of us, as people of substance and compassion. Without this, your career, as well as your spirit, wither away before your very eyes.

This is truly a splendid and refreshingly honest masterpiece. Written with conviction and candour, Lawyer: A life of Counsel and Controversy is simply a delightful read!

Reviewed by Ledia Hanna.

UniBooks Creative Legal Writing Competition Do you know how to write? Do you have flair, talent, or something to share? Do you feel trapped by the confines of stuffy academic text, imperilled by dangling modifiers, pressurised by heavy paragraphs, and lost in labyrinthine sentences? All of the above?

Well, we have news for you! FLSA is proud to announce the first UniBooks Creative Legal Writing Competition. This is a chance to unleash your creativity, allow your inherent brilliance to shine through, think outside the box, and mix other metaphors. Please pick up after your creativity.

Entry is open to both students and staff. The most interesting submissions will be published in issue two of The Jurist, and the best student entry will win a $50 UniBooks voucher!

Entries should be sent to publications@flsa.org.au, and must be received no later than 5.00pm Friday Week 8 (6/5/11).

The South Australian government announced on 22 March their proposed change to the Liquor Licensing Act: namely, the mandatory closing of pubs and clubs between the hours of 4am and 7am. This proposed change will not, however, affect the Casino’s 24/7 trading hours. The question now beckons – is this going too far, or is it not far enough?

a mandatory trading break between 4am and 10am, and most other states allow trading until 5am, apart from Western Australia, which allows trading until 6am.

This proposal is going to give the Liquor and Gambling Commissioner and the Police Commissioner more power to ensure public safety. The new Between 2008 – 2009 The proposition already has the change will also include more managed in the Adelaide CBD support of the police, who have told taxi ranks that are guarded, to ensure alcohol contributed to: the Australian Associated Press that the that people are able to leave safely, which – 62% of offences against majority of alcohol related crimes occur also means that intoxicated people will the person after 2am. So really, if any measures can hopefully not have to wander our streets – 65% of serious assaults be taken to make the streets safer for for too long.

– 76% of disorderly or those who can be potentially affected by offensive behaviour alcohol-related violence, shouldn’t they The government should do more to – 77% of hindering be taken? Apparently not. The Australian tackle alcohol violence, and it seems to police/resisting arrest Hotels Association general manager, have the right idea, but is this really going Source: www.sapolice.sa.gov.au Ian Horne, stated in his interview with to help? Unfortunately, it seems unlikely The Australian journalist Michael Owen that stopping people drinking for three that the government has ‘totally disregarded any hours in the early morning is going to stop alcoholinput from the industry, [and it] will make [South related violence, and people may just be encouraged Australia] even more of a national laughing stock’. to ‘drink up’ earlier in the night. The bottom line is that this will not do enough to tackle this big issue.

Although the government might not have taken the The intoxicated people are merely being moved; this industry’s input into consideration, and the fact just doesn’t do enough to reduce the number of that the new laws will affect night trading businesses intoxicated people. and their employees, these laws are hardly any different from the similar trading laws that are in Need to get something off your chest? Send 500 words to place in other states. NSW has already introduced publications@flsa.org.au

Good luck, and get writing!

– The Editors

Academic essays excepted, entries may take any form – including short story, poem, drama, or creative non-fiction – but they must not exceed 600 words.

30

The Jurist – Issue 1, 2011

The Jurist – Issue 1, 2011 31

Thank you to our major sponsor

Thank you to our ongoing sponsors Allens Arthur Robinson Baker & McKenzie Clayton Utz The College of Law Colthorpe Lawyers Corrs Chambers Westgarth Cowell Clarke Finlaysons Johnson Winter and Slattery Kain C+C Lawyers Lipman Karas Mallesons Stephen Jacques Minter Ellison Thomsons Lawyers Wallmans Lawyers 32

The Jurist – Issue 1, 2011

“It’s all about our people”

!"#$%&#'()#'*+,-,%&.#'/0#.*'(-1#2'3)#45'/.#"%(#$%&(#6'())(#'/0#'()#5%%7,/8#-%#9%,/#'#:(*# that will help you grow both personally and professionally, then we want to speak with you.

A clerkship at Kelly & Co. gives you an opportunity to experience working in a major local 6%**)(6,'5#5';#:(*#'/0#-%#8)-#'#-'.-)#%"#'#;,0)#('/8)#%"#4('6-,6)#'()'.<

='/7,/8#>#:/'/6) Commercial transactions Litigation & dispute resolution Employment & workplace relations

Our clients

Our practice areas

Kelly & Co. might just be the right place for you.

ABC BankSA Billabong Channel Seven

Energy & resources

Clemenger BBDO

Insolvency & recoveries

Clipsal/Schneider

Intellectual property & IT

Elders

Media & entertainment

Hills Industries

Private client

Network Ten

Property

Rural Bank

Infrastructure & construction

SA Film Corporation

Taxation & superannuation

Santos

Trade practices

Veolia

Wealth management & succession

Wallis Cinemas Westpac

Level 21 Westpac House 91 King William Street Adelaide SA 5000

GPO Box 286 Adelaide SA 5001

T +61 8 8205 0800 F +61 8 8205 0805 E kellyco@kellyco.com.au

www.kellyco.com.au ABN 95 723 883 859