The Jurist Issue 3 2017

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The Jurist Issue 3 2017

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FLSA would like to thank our generous sponsors for supporting us and enabling us to provide valuable services: ANU Legal Workshop Baker McKenzie College of Law Cowell Clarke Finlaysons Johnson Winter & Slattery King & Wood Mallesons Lipman Karas Minter Ellison Thomson Geer The Jurist


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Contents Features

Election Guide By Raquel Araya FLSA: Basic Functions By Olivia Hanna A Study Abroad Experience By Raquel Araya

A Night at the Museum: Law Ball 2017

Esther Erlings: An Interview By Keelie Bormann

ALSA Update By Olivia Hanna

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The Jurist

Editorial & President’s Welcome

Portfolio Spotlight: Administration Committee Roles By Raquel Araya Committee Expectations By Olivia Hanna FLSA Clerkship Evening By Raquel Araya The End Justifies the Memes By Keelie Bormann Who wants to be a Rhodes Scholar? By Jim Coffey

Jury Duty


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By Jim Coffey

Editorial

overlords: the FLSA Admininstration team.

As hard to believe as it may be it’s already September, and the Jurist is back for it’s third installment for 2017. We’re very excited to bring you our latest issue as it will bring to your attention to the single most pertinent issue facing law students today. I think you know what I’m talking about...

On a more serious note, we have an interview which the best, brightest and most ambitious law students really need to read.

Late last month, I was able to sit down with Dr Justin Chalker to discuss the dire need for Flinders law students to apply for the Rhodes Scholarship program here in SA. Do give it a read and, if you That’s right, memes! Marvel in awe as Keelie feel up for a challenge, apply for one of the most lifts the lid on this spellbinding scoop. Additionally, prestigious scholarships in the world (you know, if we will be taking a closer look at our infallible you’re not too busy).

By Olivia Hanna

President’s Welcome

Being part of this team since 2015 has really shaped my university experiene. As someone who By some miracle we’ve managed to make it was the first in their family to go to university, and through to September without any major hiccups. coming from the northern suburbs, Flinders was a I’m only taking some distance education topics this difficult environment to transition into. I credit how semester, so the upcoming break from teaching much fun I’ve had with joining FLSA and really means more to most of you than to me. Use it becoming a solid contributer to the Flinders Law wisely - maybe you have some work to catch up community. on or need a fun trip away for a few days. From the outside, FLSA can often appear like FLSA is something in my life that I’m so proud a clique and unfortunately this is an image we to be part of, and I’m thrilled that this issue gives have struggled to shake for many years. The truth us an opportunity to explain a little bit more about behind it is that we are colleagues, and through who we are and what we get up to. From year to our successes and challenges, we become close year, our committee strives to improve upon what friends. we can offer you to enhance your experience at law school. Without question, I love my team and as usual I encourage you to get on board! Read on! The Jurist


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Features

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Portfolio Spotlight: Administration

value & engagement, and team cohesion. My Olivia Hanna, President committee and I have worked hard to progress in these areas, and will continue to centre our Shame on you if you don’t know who I am by activities around these values. My term is coming now! I’m currently battling through my fourth year to an end, and I’ll miss the sense of community in a combined Law and Arts degree, majoring in and purpose that comes with FLSA. I encourage American Studies and Politics. I can be found in anyone who’s looking to add something to their the FLSA Office or enjoying all-day breakfast at law school experience to give FLSA a go. Alere. My favourite thing to talk about is how I interned in the US Congress last year and now my life is basically meaningless, aside from FLSA. I joined FLSA back in 2015 as Education Officer, continued in 2016 as Sponsorship Director, and now have the honour of serving as President. FLSA has brought me such happiness in the last three years. Having a network of friends at law school as well as connections in the profession has been invaluable, and has really enhanced my studies so far. When I ran for President, I really wanted to focus on refining our services and improving the quality of what FLSA provides. My five areas for improvement were, and still are: accountability, professionalism, organisation, The Jurist


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past two years, and originally nominated myself for Treasurer because of my experience in this role. The work for FLSA is more extensive, and therefore has also given be a more complete picture about what being a Treasurer really involves. Warren Flaherty, Secretary I’m in my final year of my Laws & Legal Practice (Graduate Entry) degree, and I decided that I want to give back to the Law School as I had utilised the events and experiences that had been made available by FLSA throughout my degree. While it is an understated role, I think the Secretary has a vital role in the running of a successful Association such as FLSA.

Anthony Stoks, Treasurer I am a fourth year Bachelor of Laws and Legal Practice (Hons) & Bachelor of International Relations student who came to university straight out of high school. The work of Treasurer can be surprisingly diverse. A number of tasks I have had to undertake include sending out invoices, paying invoices, extensive cross-portfolio interaction, budgeting, and followup on payments. At this stage, most of the work has been being ready for the transition into the new executive and this is only possible through keeping up to date with responsibilities throughout the year. The role is not too extensive, however it is however consistent bookkeeping work.

I have spent the year managing basic administrative functions of the Association. As Secretary, I take minutes at meetings, manage the rostering for office hours, manage the Association elections, and I am the Public Officer of FLSA as well. Currently I am undertaking a comprehensive amendment and update of the Associations bylaws to coincide with proposed constitutional changes announced for discussion at the next meeting. Then the last major task is the conduct of the General elections later in August and September.

The best part of being on FLSA are the friendships that develop out of interacting with fellow members. Whether that be through emails, meetings, office hours, or attending events, FLSA has been an excellent experience because of the people I have worked with. The Treasurer role is fundamental to the function of the association, and as a result it means you get to interact with most of the executive committee, especially activities and sponsorship. I have also been the Treasurer of the History and International Relations Student Association for the The Jurist


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Sha Lin Koh, Sponsorship Officer I am currently in my 2nd year of my straight law degree at Flinders University. Towards the end of my first year, I decided I wanted to be more involved with Flinders, particularly the Law community. I applied for the role of Sponsorship Officer in the Flinders Law Students’ Association. My role focuses on contacting and negotiating with companies to sponsor our law events. In addition, weekly office hours, a monthly meeting and helping other committee members set up and carry out various law events e.g. wellbeing week, were all done to make everyone’s job just a little easier.

Celeste Craggs, Sponsorship Director I am a fourth-year Law and Business (Management) student. I have been involved with FLSA for a few years now, first as a volunteer and through their events. I took up the role of marketing officer last year and then sponsorship director this year.

I went into FLSA nervous about being a new member and unsure of my duties. However, my short semester as Sponsorship Officer taught me communication and organisational skills through facing both stressful and challenging situations. This experience also introduced me to a supportive and warm group of people from varying years. I would highly recommend others to step out of their comfort zone and be part of FLSA. I did and would do it again.

I believe that FLSA is a valuable part of the law school community, providing a voice for students and running various social events throughout the year. It has taught me various communication, teamwork and professional skills. It is also a great way to meet new people, interact with law students from all years and to get involved in the law school community. As the Sponsorship Director, it is my responsibility to reach out to law firms and businesses to secure sponsorship for the Association. Currently I am liaising with our sponsors on the events we have coming up in semester two. It is a rewarding experience being a part of such a great team and contributing to the valuable relationships with our sponsors.

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Sara Emberton, IT Officer I am the current IT Officer for FLSA and am studying a Bachelor Laws and Legal Practice, Bachelor of Business (Entrepreneurship). Although it seems that I have not done much with the website from a visual end, and to the student body, I have spent this year overhauling the website to be a user friendly one for both students and the FLSA Committee. This has been a great challenge for me, even with my past experiences in building websites, but we are on our way to a new and improved site, launching very soon. Keep an eye out for the Facebook post to announce the new site. I have thoroughly enjoyed rising to the challenge of this mammoth task, but there is still a way to go. I joined FLSA to push myself out of my comfort zones, as well as to add diversity to my time at Flinders Law school.

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THE BEST JUST GOT BETTER

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I N T R O D U C I N G P LT P L U S The College of Law is proud to present its new and improved Graduate Diploma of Legal Practice Program – PLT Plus. PLT Plus was designed with you in mind. We now offer maximum convenience and flexibility – at no added cost or time invested. Your training will also be more practical and relevant than ever before. What’s more, PLT Plus now includes our new ‘Legal Business Skills Series’. Not offered by any other provider, this unique series of seminars will equip you with skills critical for a successful transition into the legal business world.

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Your career. Maximised.

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GRADUATE DIPLOMA OF LEGAL PRACTICE THE COLLEGE OF LAW IS PROUD TO PRESENT ITS NEW AND IMPROVED GRADUATE DIPLOMA OF LEGAL PRACTICE PROGRAM – PLT PLUS

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The Jurist

Visit collaw.edu.au/pltplus Call 1300 856 111 Email enrolments@collaw.edu.au


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Election Guide What is the General Election?

• Competitions Director • Activities Director • Marketing Director

The General Election is a yearly election which calls for the election of the Officers of FLSA’s General Committee for the subsequent term of the General Members General Committee. • Careers Officer • Education Officer; All law students are eligible to nominate • Wellbeing Officer; themselves into a position subject to the rules in • Marketing Officer the Election-By-Laws. • Sponsorship Officer • IT Officer Who is the General Committee comprised of? • Competitions Coordinators x 3 • Activities Coordinators x 2 The FLSA Committee is comprised of Executive • Publications Editors x 4 Members and General Members. Committee • First Year Representative (Activities) members are divided into portfolios, each managed • First Year Representative (Competitions) by a member of the Executive. Please refer to • First Year Represenative (Careers, Education, ‘Outline of Roles’ for information on committee Wellbeing) roles. What is the Election Process? Executive Members • President The General Election process comprises three • Vice President (Careers, Education, Wellbeing) stages: • Treasurer 1. Nomination • Secretary 2. Campaigning & Voting • Sponsorship Director 3. Selection The Jurist


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Nomination This process is done entirely online through an election system called BigPulse. Please make sure you look out for that in your student email. Law students will automatically receive an email to their student email account inviting them to nominate for a position. On the day nominations open students will need to provide, through the link provided in the email: • Some basic personal information; • A short statement outlining their reasons for running and why they would be the best candidate for that position; • If you nominate for an Executive role, you must also give a short 2-3 minute speech at the Annual General Meeting, and answer questions from attendees; and • The name of a law student to second the nomination. Nominations for First Year Representative roles will open in 2018, for the incoming first year cohort. Voting & Campaigning Once nominations have closed, students will receive another email with their unique link to vote. Do not pass this on - everyone has their own link! Make sure you vote, and get others to vote for you too! The most common way to campaign is to create a Facebook group or event. It is important to read the Election By-laws so you are aware of the restrictions on campaigning. Crucial 2017 Dates • Nominations open Wednesday 13 September at 9am and close on Wednesday 20 September 20 at 5pm. • Voting opens Friday 22 September at 9am and closes on Friday 29 September at 5pm. • Results will be released on Saturday 30 September. The Jurist


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Committee Roles President • Acts as the official representative of FLSA with the College of Business, Government and Law and all parties external to FLSA; • Manages and overseas all activities of the Officers of the General Committee; • Assists the Executive Committee; • Chairs FLSA meetings; • Participates and represents FLSA on the Australian Law Students Association Council and South Australian Law Students’ Council. Vice President (Careers, Education, Wellbeing) • Hosts events related to careers, education and wellbeing; • Creates the Careers Guide and other publications; • Manages the Careers Officer, Education Officer, Education Officer and a First Year Representative; • Represents with the College of Business, Government and Law; • Participates and represents FLSA on the Australian Law Students Association Council and South Australian Law Students’ Council. Secretary • Acts as the Public Officer of FLSA; • Keeps and maintains all administrative records of FLSA; • Ensures that all committee members are compliant with their constitutional obligations; • Ensure that FLSA meets its constitutional obligations; • Assists and supports the President in their duties.

FLSA; • Develops and maintains an annual budget for the activities of FLSA; • Prepares an annual financial report for presentation at the Annual General Meeting; • Accepts the responsibility for the receipt and deposit of all income and the payment of all debts and liabilities of FLSA. Sponsorship Director • Develops and maintains relationships with law firms, corporate firms and entities to gain financial and product sponsorship; • Ensures that FLSA meets its sponsorship obligations; • Maintains a database of all sponsorship related information; • Assists the Sponsorship Officer in sourcing product and non-corporate sponsorship. Competitions Director • Manages the coordination of FLSA’s legal skills competitions, including advertising, hosting information sessions, booking rooms, sourcing judges and choosing questions; • Updates competition rules; • Manages three Competitions Coordinators and a First Year Representative. Activities Director • Manages the coordination of all FLSA’s social events, including New in Law activities, pub crawls, law ball and quiz night; • Manages two Activities Coordinators and a First Year Representative.

Marketing Director • Promotes all events, activities and initiatives Treasurer of FLSA to members and other relevant • Keeps and maintains all financial records of stakeholders; The Jurist


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• Coordinates and maintains the online presence of FLSA, including the Facebook page, website, Instagram and Snapchat account; • Coordinates marketing strategies for the Law/ Commerce area; • Designs and orders FLSA merchandise; • Manages the Marketing Officer, IT Officer and Publications Editors.

Sponsorship Officer • Responsible for sourcing product donation for events, seminars and gifts for competitions judges; • Supports the Sponsorship Director in other portfolio duties.

Publications Editors • Produce publications as required by the Careers Officer Marketing Director and President, usually in • Sources information for students about the form of four editions of the Jurist magazine; seasonal clerkships, work experience • Support the Marketing Director in other portfolio opportunities and employment; duties. • Liaises with the Flinders University Careers Centre; Competitions Coordinators • Assists in producing the Careers Guide and • Assist in the coordination of FLSA’s legal skills other related publications; competitions, including advertising, hosting • Organises seminars; information sessions, booking rooms, sourcing • Supports the Vice President in other portfolio judges and choosing questions; duties. • Act as timekeepers, clients and witnesses when needed, Education Officer • Support the Competitions Director in other • Liases with the President, Vice President and portfolio duties. Flinders Law staff on matters relating to legal education; Activities Coordinators • May act as a contact point for students who • Assist in the coordination of FLSA’s social wish to voice grievances or give feedback on events, including New in Law activities, pub an aspect of their degree or studies; crawls, law ball and quiz night; • Organises seminars; • Support the Activities Director in other portfolio • Assists in producing the Careers Guide and duties. other related publications; • Supports the Vice President in other portfolio IT Officer duties. • Manages and updates the FLSA website. Wellbeing Officer First Year Representatives • Hosts activities and events to promote the • Assist their executive member and portfolio physical health and mental wellbeing of law wherever needed; students and legal professionals; • Primarily responsible for engaging the first year • Updates the Wellbeing Guide cohort and ensuring that their peers are aware • Assists in producing the Careers Guide and of FLSA and the services we provide. other related publications; • Supports the Vice President in other portfolio duties. Marketing Officer • Assists the Marketing Director by creating posters, Facebook events and other marketing material; • May manage a social media account. The Jurist


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FLSA: Basic Functions

Spending • Spending motions may be passed by Ordinary Resolution of the General Committee Meetings • The Executive may pass spending motions of • Are to be held no less than once per calendar up to $100 by approval of four Executives month • Executive spending motions must be ratified • The Secretary/President must provide notice of by a majority vote of the whole committee meeting no less than five business days prior • Notice must be sent via email with an agenda Vacancies and include the location and time of the meeting • The General Committee can appoint by Special • Quorum is one third of officers of the General Resolution any person eligible for election Committee including at least two Executives to a vacant position (except the position of • Minutes of meetings must be confirmed by the President) General Committee at the following meeting Resignation Executive Meetings • Any Officer may resign their membership upon • Are held as needed providing written notice to the Secretary • The Secretary or President must provide notice no less than two business days prior Dismissal • Notice must be sent via email and include an • Any Officer of the General Committee may be agenda dismissed from Office by Special Resolution of • Quorum is at least three Executive members the General Committee where: • They have been absent from 3 consecutive Voting meetings without approved apologies; or • An Ordinary Resolution is a resolution passed • They have been absent from 6 meetings within at a meeting of the Association by 50% of 1 term without approved apologies; or eligible voters at the meeting plus one vote • The Officer has consistently failed to adequately • A Special Resolution is a resolution passed at discharge the duties of their Office; or a meeting of the Association by 75% of eligible • The Officer has acted in a manner that is in voters at the meeting contravention of the Constitution, By-Laws, the • Unpassed or undefeated motions are held Act or any other law relevant to the Association again, the Chair has the deciding vote if or the business of the Association; or unresolved • The Officer has willfully acted in a manner prejudicial to the interests of the Association. Here is an overview of some of FLSA’s basic functions.

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Committee Expectations

Each President and executive team will have their Competitions own expectations of committee members. Here’s • Attend four of the grand finals per year what our members agreed to at the beginning of • Assist with timekeeping, volunteer as a client/ their term. witness if available in emergencies General • Read emails & reply within 48 hours • Read Facebook group posts and reply if needed • Keep FLSA related Facebook inboxes to a minimum • Complete tasks as assigned by your Executive member

Activities/Events • Ticketed events are not compulsory • Attendance is still encouraged • Attendance at sponsored activities/seminars/ competitions is required • Financial hardship can be discussed with the President & Treasurer

Social Media Meetings • Select the ‘Get notifications’ option on the • Attendance is required, availability will FLSA Facebook page determined early in the term • Like all Facebook posts, comment/share as • Apologies sent to Secretary 48 hours prior if needed, invite friends to all events you are unavailable • Do not make representations on behalf of • Executive members write briefs each month & FLSA on social media – advertising events is Committee members read briefs welcomed, however making statements of our position is prohibited Office Hours • Attend two hours per week as allocated by Now that you know more about what happens availability behind the scenes, we hope that you appreciate • Make a reasonable effort to replace yourself all that we do for our students and are interested and notify the Secretary and other members in in getting involved. your hours if you are unavailable • Sit outside with the banner, A-frame, If you have any questions, please get in touch with merchandise when the weather permits Olivia via email at president@flsa.org.au. • Keep the office clean • Avoid crowding the office when you are not on hours if it is busy • Always be ready to engage, answer questions, sell tickets and merchandise The Jurist


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A Study Abroad Experience: International Litigation & Arbitration at Michigan State University

By Raquel Araya

In 2016, I decided I wanted to mix things up academically. I also had a general desire to do some travelling so I jumped at the opportunity to study abroad with AIM Overseas. I ended up choosing the International Litigation & Arbitration programme at Michigan State University (MSU), which is about an hour and a bit away from Detroit (USA). The process behind picking a study abroad course will vary for everyone of course, but for me the choice was conscious. I wanted to learn something entailing cross-border issues and I wanted to go somewhere I had not been before. Upon reflection, I am glad that I jumped into it. I now have a better understanding of what areas I want to explore further and have made amazing memories. My favourite aspects of my time at MSU were meeting new people and being immersed in a different culture, including a different university culture. For three weeks in July, about 100 students from across Australia and I took classes in the US style. We slept in dorms that were located on campus, walked to class and mostly went to the cafeterias for lunch and dinner. Although MSU students were mostly absent from campus because it was summer break at the time, the general experience was nonetheless very American. For example, orientation happened to coincide with Independence Day and so our first activity was to attend a baseball game. It was mainly through post-class activities that students were exposed to the ‘college’ vibe. In the evenings, activities included checking out the The Jurist


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bars and cheap food. MSU ambassadors kindly hosted parties as well and by then, the experience could not get any more American. It was great. Out of all the activities I partook in however, the weekend trip to Chicago was my favourite.

get personal satisfaction. Two, you can obtain some clarity about your career trajectory. Studying abroad will also be great in terms of making your CV look interesting but I would not recommend doing so if that is your only end game. I also recommend AIM Overseas to help facilitate your experience as the process you go through to get overseas and into your course is simple. Law students are also at an advantage because AIM have a good topic range to choose from. Give it a crack people!

Upon arriving at MSU, I was admittedly disappointed by the accommodation though only due to the bathrooms being shonky and bedding questionable. After about a week however, the details became less important and I came to appreciate everything else that was great about studying at MSU. Professor Mary A. Bedikian, who taught the classes, is included in this list. Bedikian was full of warmth and knowledge and students got some insight from her into the legal profession and legal education in the U.S.

Overall, studying at MSU has been one of my most memorable and enjoyable experiences during my university lifetime. You may have heard about the benefits of studying abroad but two distinct benefits I think arise from doing so. One, you will The Jurist


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FLSA Clerkship Evening By Raquel Araya

On June 7, law students attended the Clerkship Evening at Alere. The evening hosted Minter Ellison, Lipman Karas and Thomson Geer where legal practitioners, including junior practitioners who graduated from our law school, spoke on their firms’ application and clerkship process. The evening was divided in three parts. 1) networking, 2) presentation and 3) Q&A. The presentation conveyed basic information like the firms’ clerkships programmes, application processes and general do’s & dont’s. This was also the part where the firms touched on their practice areas and what type of work their firm was generally involved in. The Q&A session broke people into groups whereby each group got an opportunity to ask practitioners specific questions. Overall, it was a very informative and productive night. What I think was valuable was that students who may have been hesitant to apply before that evening may have come out feeling more confident to do so. Among the many things talked about, including the importance of tailored applications, was the discussion around grades and experience. The consensus was that while grades are important, it is not the only thing which will land students a clerkship. This information is consistent with what has been said by others across the country.

if you are thinking about applying for a clerkship next year, you should start aiming for better grades as we speak. If you achieve good grades by the application dates, you will have shown that you have the intellectual capacity. Another tip I considered helpful concerns the cover letter. It was explained that it is acceptable (and recommended) to highlight why it is that top notch grades have not been fulfilled. If personal reasons (family, health etc.) are your explanation, it is appropriate to include it. Ultimately, your cover letter is about highlighting one’s personality and ability so you need to sell yourself as a clerkship candidate as best you can. This includes minimising the opportunity for recruiters to see ambiguity in your application. Anticipate what a recruiter would ask when reading your cover letter and have that ground covered. Another way to somewhat detract from your academic transcript is to be involved in extracurricular activities. This cannot be stressed enough. Nowadays, firms are looking for wellrounded people, not just bookworms. Another important thing made clear to me from attending the clerkship evening is that the clerkship application process is ultimately a reflective task. Applying for clerkships entail you to think about how you fit into firm X.

I encourage all law students to attend events On this evening, students got the opportunity to like these in the future, not just third and final hear about the ways they could be persuasive in year students. The better prepared you are, the their applications in the event that amazing grades more confident you will become when it comes to were absent. A good tip I heard was to show that applying for clerkships. you have commitment to improve. For example, The Jurist


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graduates.minterellison.com

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A Night at the Museum Law Ball 2017

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The End Justifies the Memes By Keelie Bormann

Us law students don’t always possess the most redeeming of qualities: we drink too much coffee, we argue too much, we don’t sleep enough – we’re a sad bunch. What we do have is a terrific sense of humour (albeit dry and sarcastic), which is commonly expressed in the form of memes. Sometimes the end goal of graduating just seems so far away, and you need some humour to pass the time – the end justifies the memes. So I thought I’d do you all a favour: using my most advanced legal research skills, I scoured Facebook in search of every law‐related meme page under the sun (okay, I probably missed some; I didn’t get a HD in Legal Research and Writing). So here I present to you, the one and only comprehensive guide of law meme pages, with reviews, content sneak peaks, the works. You’re welcome. Australian Law Memes This was probably the first law meme page liked by many of us, so it holds a special place in my heart. The memes are always funny, I just wish they would post more. ‘Cash me outside nemo dat’ is a phrase I was constantly uttering in the course of my completion of Property, Equity and Trusts, so it’s evident that their content is relevant. Rating: 4/5 Their best meme:

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Legal Studies Memes This page is geared towards high school Legal Studies students, so it’s not exactly relevant to us law folk. Very rarely there’ll be a quality meme that is not related to the juvenile struggles of these high schoolers, so I would not recommend for those with high standards who value consistently relatable memes. Rating: 1/5 Their best meme:

Dank Law Memes The memes on this page are generally relatable and moderately funny, but nothing extraordinary. They post every so often, and there’s been no major lapses in posting. They also have Justice Kirby as their profile photo, so I’ll give them points for that. Chuck them a like for some mild amusement. Rating: 3/5 Their best meme:

Gummow Memes for Judicial Teens This page is for all the alternative, anti‐mainstream, hipster, ‘I’m not like everyone else’ law students who are not part of Justice Kirby’s cult following. Evidently, this page is an acquired taste. They don’t post much and the content is unsurprisingly quite limited, so I would only recommend for hardcore Gummow supporters. Rating: 2/5 Their best meme: The Jurist


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Law School Memes When I see the name ‘Law School Memes’ I expect a constant stream of, well, law memes. This page doesn’t have a consistent posting schedule, having not posted since June 15 at time of writing. There are sometimes some good memes here and there, scattered between other general study‐related memes – when they post at all. Rating: 2/5 Their best meme:

Legal Memes for Judicial Teens Finally we’ve come to, in my expert opinion, the best page of them all. The memes are creative, they are classic, they are laugh‐out‐loud worthy. When discussing Torts I always refer to the Donoghue v Stevenson / Old El Paso meme, and it always gets a good reaction. The only downside is that they recently had a period with no posts, but that has now been rectified and service is back to normal. Thank goodness. Rating: 5/5 Their best meme:

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Esther Erlings: An Interview

By Keelie Bormann

Dr Esther Erlings joined Flinders Law at the beginning of 2017, and is the second Esther to hold the position of topic coordinator for LLAW1214: Contract. This semester, you can find her teaching in LLAW1223: Torts 1. Hailing from The Netherlands, Esther’s studies and career have taken her all over the globe. Read on for an insight into Esther’s journey from debate‐loving law student to successful legal academic and teacher, or if you just want to know if she likes coffee or not. Q: Was law something you always wanted to pursue, or did you have an ‘Elle Woods from Legally Blonde moment’ where you just decided on the spot that you wanted to go to law school? A: It was definitely not something I always wanted to pursue. The reason I started studying law was because I wanted to move abroad. I actually wanted to become a diplomat, and I figured that international law would be the quickest way to get there. My real interest at the time was psychology. I had an interest in pedagogy, social work… everything. To be honest I went to quite a number of open days because I really couldn’t decide, and then I thought, I really want to move abroad so I’m going to study law and just see where it ends. Q: What were you like as a law student?

Photo Credits: Mary Ho © CUHK

Q: As an educator, you have the power to inspire and ignite a passion for the law. Did you ever have a lecturer or teacher who had this effect on you? A: I had several. I had one in particular who was teaching gender and the law at Utrecht University, and she really made us debate. Because it was a gender course taught in English, we had students from all over the world, so there were so many different opinions and viewpoints. That really made me realise that law is really an interesting debate, because it’s all about reasoning; it’s about arguments. I think that really helped.

A: I was one of the ones who always doubted my own abilities. I worked quite hard, and it was never good enough. It helped that I did my readings; I tried to do my readings a week in advance so I would have extra time to study for the exam. Also, I’m quite There was another teacher who was actually opinionated, so in class I’d happily volunteer my a guest lecturer from the United States. He opinion during class debates. The Jurist


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encouraged us to disagree with him, and I thought, that’s fantastic! I think the most inspiring teachers for me have been the ones that really made me think about the law and think about the values that underpin the law.

court, we say this, and this goes. In a way that’s a little bit superficial. It’s been hard, though, to come to terms with a judge saying, “well, to be honest, in my opinion” – and I’m thinking, we don’t care about your opinion, what’s the law?!

Q: As a law student myself, it’s always interesting Q: What has been the most surprising difference hearing about how law graduates, and particularly you have noticed between Flinders as opposed to staff at Flinders, got to where they are today. What the universities you have attended and worked at would you consider to be some of the highlights of elsewhere in the world? your career thus far? A: The one thing that actually surprised me was A: Finishing my PhD! I actually think that getting the that students say “thank you” at the end of a class. job at Flinders was quite a highlight. It was good to I’ve never seen that anywhere else, and to be move to a University where there is such expertise honest it’s the one thing I’ve been writing back in [socio‐legal studies], which in other countries is to my colleagues – “would you believe they say considered to be such a niche area. Particularly ‘thank you’?”. I feel that the students on the one when you come from a civil law background, there hand are very polite, but they are also not afraid is very little socio‐legal research. It’s much more of to give their opinion. I really quite like teaching a common law country thing, so moving here felt Australian students; they’ll participate and they like I was joining my community. are not afraid to give their opinions. Q: You’ve worked in Hong Kong, you’re from The Netherlands… you’ve been everywhere!

When you go to countries like Japan or Hong Kong, or even France, the system is so hierarchical that students will always (1) want to know what A: I worked in Hong Kong, but I have also studied you think and then (2) want to repeat what you in France, I studied in Japan, and I did field work in think. Particularly in Hong Kong, the students go the United Kingdom. It was quite literally a journey. to great lengths to find out what you might think so that they can agree with you Q: On that note, since your career has taken you You’ll ask them, “what do you think?”, and they’re all over the world, what was it like learning the laws like “I agree with you”, and then you’ll say, “alright, and legal systems for different countries? what’s my opinion then,” and they’d say, “well, what you just said.” A: It’s always been really interesting; sometimes it’s hard. It really confronts you with your own bias You get that in France as well. When I studied in and prejudice. You’ll be surprised to what extent France, I had two teachers working on the same what you learn is ingrained in you, and then you subject, and they disagreed with each other on this encounter something different and you think, that’s particular law, and one was in favour and one was ridiculous. against. We had oral examinations in France; so I remember going to my exam, and with Teacher A I think for me my greatest trouble has been coming I said “this is a ridiculous rule; we should abolish to terms with the whole system of common law it” and with the other one, “it’s a pretty good rule where law is derived from cases. Up to this point because this and this and this …” It just felt so I still feel that very often it depends a little bit on strange, but that’s what you get in systems where whatever the judge thinks at that moment! At the there is that deferral to your teacher that fortunately same time, I have also come to appreciate the fact you don’t have in Australia. that common law judgments tend to be very well reasoned, whereas the civil law judgments often Q: So far I’ve focused a lot on your career path, so aren’t. There are no dissenting opinions, there what are some activities you like to do or passions are no separate opinions. So it’s just: we are the you have outside of work? The Jurist


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A: like to cook – I try different cuisines. I’m really excited to have a little garden in Australia. I guess there’s a little bit of convergence there, because I grow herbs in my garden that I use for my cooking. I like to make things, like arts and crafts. I used to do a little bit of sewing, but I don’t have a machine here. I might paint a little, but I’m not good at it. I like the more DIY kind of stuff; I made my own dining table here when I arrived. And then of course the emails, and the keeping in touch with people. Q: Flinders law staff are renowned for their passions for and addictions to coffee. Do you share this addiction, and if so which coffee shop on campus do you frequent most?

think of words that I’ve had to come to terms with… The first week I was in Australia, I went to the supermarket and I decided to use the selfcheckout, and I bought this beautiful red – which I considered – a bell pepper. So I go to the ‘B’ for ‘bell pepper,’ and it isn’t there. And I tried a ‘P’ for ‘pepper’; nothing. I was thinking in Hong Kong it would often say just ‘pepper’, and then I remembered the Americans use ‘paprika’, so I go to the ‘P’ for ‘paprika’ and there is nothing there. I was standing there with a red bell pepper thinking, I don’t know what you call this. I turned around, and there’s this lady that walks around the selfcheckouts so I go, “excuse me, what do you call this?”, and she says “capsicum!” So at least I will never forget what a capsicum is.

A: Now you’ve found me out! Do you really think that after six years in Hong Kong and having lived Actually, here is my typical sentence to keep in Japan for a year I drink coffee?! in mind: ‘no worries’! Even now when I go to the shops and ask if they’ve got something and Q: I had a feeling that would be the answer, I’ve they don’t have it, and I’ll say something like “no seen the tea sets [pointing at tea sets in Esther’s problem”, they look at me like, wow, you’re making office]. But I had to ask, with the likes of Sam this a lot more difficult than it is – so I really need Kontra and Rhain Buth… to get into the “no worries”! A: Yes, Sam has been continuously pushing me to start drinking coffee but she hasn’t succeeded yet, because I have a secret that’s called matcha. When everybody else needs their coffee at 4pm, I just go and get my little bamboo brush and literally whip up my matcha tea, and that will get me through to the end of the day. The good thing is though, when you don’t drink coffee, and you have to pull that all‐nighter, coffee does do the trick! I’ve been completely off of coffee since I made this mistake where I got some instant coffee, and I had no idea what to do with it, and I didn’t read the instructions. I figured it would be the same amount as normal and I put a good tablespoon into a cup… and let’s just say I was still awake by 4am. So I’m afraid I can’t recommend any coffee places on campus.

Q: Finally, do you have any tips that you can offer students? A: Get involved in extra‐curricular activities. I attended the law prize‐giving ceremony, where Robyn Layton spoke and also made this point. An employer would rather employ a graduate with a Distinction average who has participated in many extra‐curriculars, than someone with straight High Distinctions who participated in no extra‐ curriculars.

Q: You’ve lived in Australia for more than a semester now, so I expect you are well versed in Australian slang. What is the most Australian sentence you can concoct right now? I can’t think of a good sentence now, but I can The Jurist


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Who wants to be a Rhodes Scholar?

By Jim Coffey

What are the criteria for selection?

The Rhodes Scholarship is among the oldest and most prestigious academic scholarship programs in the world. Since its origin, it has brought some of the best and brightest people from all over the world to study at Oxford University. Many of the most well known acadmenics and heads of state have been Rhodes Scholars, as well as countless other leaders in their field.

The first is academic excellence, people need to demonstrate that have taken up some form of scholarly effort. This doesn’t necessarily mean good marks, although good marks help, it’s not a one dimensional academic checklist.

This is funding that provides students the opportunity to go to the University of Oxford in the UK and study there for between one to three years. You could do a masters or a PhD, the scholarship will cover all fees related to study and comes with a sufficient stipend that would allow you to live comfortably while you study. More importantly, you will become part of a network that is probably second to none in terms of scholarship and wanting to do big things in the world.

There are probably eight or nine thousand Rhodes Scholars globally, it draws applicants from all over the world. It was originally limited to Commonwealth countries, the United States, and Germany but has since opened up to other countries around the world. The countries from which we most recently started accepting applicants include Palestine, the United Arab Emirates, and China. It is also continuing expansion into southeast Asia and the Middle East.

In Cecil Rhodes’ will, he specified criteria such as: • academic excellence; • aspiring to be a global leader and use your talents Despite it being the opportunity of a lifetime, very to the fullest; few from Flinders have taken up the challenge. • approaching things with vigour and energy, The Jurist sat down with Dr Justin Chalker to find (traditionally that meant sporting excellence, but out more. that’s not what it means now); • doing things which show initiative, and reflect a Dr Chalker is a senior lecturer in Synthetic concern for others; and Chemistry at the Flinders College of Science and • protection of the weak. Engineering. He is also one of the seretaries for the election of Rhodes Scholarship participants We have a motto which we try to go by, “fighting in SA. We interviewed him about the Rhodes the world’s fight”. You will find a lot of people who Scholarship program in SA and how Flinders work in Law and advocacy groups, academics and students (particularly law students) can get various private industries, usually they’re trying to involved. do something that positively benefits the world. If you’re part of that network you can draw on a lot What is the Rhodes Scholarship Program? different expertise.

The Rhodes Scholarship is named after its

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creator, Cecil Rhodes, can you tell me a little this opportunity? bit about him? Even though the application criteria has been The criteria for selection for Rhodes scholarships extended, we’re not getting as many applicants as were first laid out in the will of Cecil Rhodes, who we’d like. Part of the problem, I think, is that people is today recognised as a rather infamous figure. don’t believe they’re capable of attaining something Speaking as someone who has benefited from as prestigious as a Rhodes Scholarship possibly out this award, which was first funded by money of some unwarranted modesty. obtained in the blood diamond industry, I can say While it’s true that Olympians, prime ministers he was a despicable person. I would argue that anybody who is willing to take this money needs (like Bob Hawke, Tony Abbott, Malcolm Turnbull to be able to justify to themselves that the money and others), and heads of state are among the is being spent properly. My recommendation is most prominent living Rhodes Scholars, the vast that you use the benefits of this scholarship to majority are, while still leaders in their chosen field, further a cause that would make Cecil Rhodes not as publicly prominent. We have multiple Rhodes Scholars on staff here at Flinders as well. roll over in his grave. I do say that at almost every information session that I give because people should understand the history of this award, where the money comes from, and what you can do to make it mean something entirely different. Despite the origins of this scholarship, people who have received it have gone on to do great things in the world and done things that Cecil Rhodes wouldn’t have necessarily valued if he were alive today.

I think it’s valuable to come along and meet some of them yourself and see that it’s not something that’s so out of reach for students.

Being part of this network includes access to a network of mentors and other researchers in your chosen field. This can open up a lot of doors no matter where you are, what you’re doing, whether in the private or public sector.

Anyone interested in finding out more about a Rhodes Scholarship application can contact me by mobile phone (mobile no: 0449 570 644), office phone (+61 8 8201 2268) , Twitter (@ChalkerChem), or by email justin.chalker@flinders.edu.au

When and how can people apply?

The deadline for application for this round is September the 14th. Even if you’re unable to apply this time around, you can start cultivating relationships and connections with lecturers and What kind of opportunities can be access employers for an application at some point during through being accepted for a Rhodes your studies. Scholarship? The application requires six letters of reference, at least three of which need to be from academia, the Well first of all, you will have the opportunity to study at one of the best universities in the other three can be from past employers, mentors, world. Oxford is a magnet for people who are partners in service work, or anyone that can give a curious and motivated. It’s not all about being clear and honest account of your drive, character smart, most of the people who go there will be and potential to be a positive change-agent. In other intelligent, it’s about more than that. It’s curiosity words, these letters should detail how your values and drive, matched with intellect and the desire reflect the criteria for consideration to a Rhodes to do big things, and you put them all in one place Scholarship. with access to the best research in any field you can imagine. In this way, you become part of a Can interested students contact you if they have any questions? network that’s second to none.

Why do you think so few people are taking up The Jurist


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ALSA Update By Olivia Hanna

We congratulate Hugh Woods for his outstanding performances in the Witness Examination Many of you may not know about FLSA’s competition throughout the week. Hugh is the national counterpart, the Australian Law Students’ first Flinders student to win that competition, and Association (ALSA). the first Flinders student to win any competition since 2012 (George Lukic and Rachel Wang for Each year, ALSA hosts a conference where law Negotiation). We also congratulate our other students compete against each other in national competitors for their efforts in their respective competitions. FLSA has always aimed to send competitions. Our students face off against the best the winners of our internal competitions, and has in the country, and no matter the outcome, FLSA provided varying levels of financial support to is always proud to have students who choose to ensure that everyone has the opportunity to attend. spend time building their practical legal skills. Part of this includes sending a qualified student to judge some of the preliminary and quarter-final FLSA also took home the Best Wellbeing Event rounds. The President and Vice President of FLSA Award for our 2016 Wellbeing Week. Special usually also attend, as they are part of the ALSA thanks goes to Philippa Ewens, Matilda Brown Council. The ALSA Council spend each day of the and Anthony Busuttil who coordinated the week’s conference discussing how they run their own law activities and developed the Wellbeing Guide. If student association or society, including all their you have a FLSA USB, you’ll find our Wellbeing successes and challenges. Guide uploaded on it! This year, FLSA supported a delegation of 12 people to the conference in Canberra, hosted by the Australian National University. Myself and Bill Jones served as FLSA’s councillors, our Competitions Director, Max Joy, attended as a student judge, and Flinders alumni Thomas Hill chose to come along as a general delegate. Our competitors were: • Hugh Woods - Witness Examination • Thea Paleologos & Megan Bowman - Client Interview • Michaela Olsson & Nicholas Salagaras Negotiation • Ryan Parker, Tom Powell & Warren Flaherty Championship Moot

During council sessions, Bill and I spoke on FLSA’s behalf on a number of issues. We were pleased to be able to assist other students in law associations similar to FLSA’s size with some challenges we all face. We were also happy to hear that ALSA has taken on board the council’s feedback to improve the quality of future conferences, including outlining the costs behind a ticket. ALSA has also committed to investigating how SSAF funding is allocated to law student associations, and advocating for a uniform best practice scheme or changes to SSAF legislation. Bill and I have produced a full report on this year’s ALSA Council. Please get in touch with me via president@flsa.org.au if you have questions.

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Jury Duty

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Each issue we ask our jurors hard-hitting questions. This issue on Jury Duty: 1. 2. 3. 4. 5.

What’s your favourite law topic so far? Which law topic are you most looking forward to? Which do you prefer: cupcake or regular cake? What’s your favourite song from the 2000s? What’s your secret talent?

William Cooper 1. Property, Equity & Trusts 2. Idk, all of it probs 3. Regular cake. I’m not a monster. 4. Livin La Vida Loca 5. A great impression of a goblin

Konstantina Toubanakis 1. Issues in Criminal Law 2. I’m not sure, but Evidence sounds interesting 3. Cupcake all the way 4. John Bon Jovi - It’s My Life 5. I can do a pretty cool fish face?

Natasha Klipa 1. Probably criminal law 2. Maybe something to do with human rights 3. Regular cake 4. Electric Feel MGMT (still a banger) 5. Always be

In accordance with our article on law memes on page, FLSA: we thought we’d ask the FLSA Committee what their the Weigh In favourite law meme page is. These are the results: Australian Law Memes: 60% of votes Legal Memes for Judicial Teens: 32% of votes Dank Law Memes: 4% of votes Gummow Memes for Judicial Teens: 4% of votes The Jurist


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