The Jurist Issue 4 2017

1

The Jurist Issue 4 2017

The Jurist

2

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

3

Contents President’s Welcome

Portfolio Spotlight: Careers, Education & Wellbeing An Interview with Tania Leiman, Dean of Law

By Keelie Bormann Tackling Exams

By Mara Morrigan Constitutional Recognition

By Luke Hanson Finding Your Mentor

By Vieshnavee Pandiyan

Jury Duty

4 5 6 7 10 12 15 18 20 24 25 26 28 30

The Jurist

Editorial

Features

Portfolio Spotlight: Marketing

An Interview with Orren Prunckun

By Raquel Araya Positivity: the Key to Success

By Flinders Health & Counselling Coop’s Coup Manifesto

By William Cooper Studying Abroad: IHL Rights in Argentina

By Giulia Prosperi-Porta

4

By Jim Coffey

Editorial

I would like to thank the rest of the Publications Welcome to the final addition of the Jurist for team: Keelie, Raquel, and Viesh for their awesome 2017. It has been a hell of a year and I cannot wait work and help in putting this all together. Thanks to be finish my exams. As far as holiday plans go, I also go to Olivia for all her help and patience would say my plan - go home, put the cricket on, lie (especially the patience!). down on the couch like a manatee and do nothing but consume a continuous stream of sausage and Be well everyone, read on. Happy 2018! egg McMuffins right through until March - is the best and likely the most satisfying of any that i have heard of...

Our more astute readers will have noticed a lack of messages for the Law School Dean this year, that is because the office has been in something of a transition period for much of the middle of the year.

Fortunately, Tania Leiman, my most tortious of former teachers, has gotten the nod. She sat down with Keelie to talk about her vision as Dean.

We also have a number of great contributions involving Indigenous recognition in the Constitution, and changing the way judgements are written to avoid the continued boring of law students to death (this may or may not include a coup d’etat).

As I sign off on my last Jurist, I would like to thank everyone who has read and contributed this year.

You should keep it up, and I know next year will be even better (and probably better organized too!).

The Jurist

President’s Welcome

By Olivia Hanna

5

Our Publications team you know very well by now. After a few years working on the Jurist, I’m only four weeks off the 365th and final day of Jimmy stepped up to become Editor-in-Chief and my term as President. This year has been quite took great responsibility for sourcing interesting the experience, and admittedly more enjoyable content. Supported by Keelie Bormann and than I could’ve hoped for. I attribute that to my Raquel Araya, who have both been so dedicated great team. I’ve watched them learn, achieve and to both the quality of their articles and the whole tackle tasks while (hopefully) having a good time. FLSA team. Vieshnavee Pandiyan joined us a little My final welcome thanks each of them for their way into our term, and has brought her unique best qualities. You should all know how much hard perspectives to the Jurist and to the committe. work these students have dedicated to you, their peers, during their term, and some have signed up And the man who worries me the most, Max for another year to my delight.

Joy. Max has pulled together a great team and coordinated competitions, making use of his My Administration team, Warren Flaherty and excellent charm and level-headed nature. Jessica Anthony Stoks, came into executive roles never Lena and Laura Sheridan joined a tough portfolio, being on FLSA before, and absolutely exceeded but have thrown themselves into their work, and expectations. Both have been incredibly reliable have committed so many evenings to making and supportive of the whole team. Sara Emberton, competitions a success. Hari Prinos brought his a busy mum, has always been the first to jump in cohort on board with competitions, even trying his and help with a BBQ or beautifully set up an event. hand at a few himself! And of course, Erin Eustace, Celeste Craggs took on one of the hardest jobs, who has been organised and dilligent all year, Sponsorship Director, and has impressed firms showing initiative and resilience, and who will take with every event. Sha Lin Koh has pushed for on a leadership role next year. fantastic product donations, succeeding in finding companies to support us.

Our CEW team are go-getters. Anthony Busuttil has worked to support his team, always offering up his The power Marketing duo, Brayden Mann spare time for others. Margaret Cusenza brought and Angelica Costi, have been flawless in their you Wellbeing Week, a revamped Wellbeing promotion of FLSA and upkeep of our social media. Guide, and an impressive Panel Evening. Amy Angelica revived our Instagram account, and Hawes has executed event after event with skill Brayden has been an outstanding supporter of the in planning and attention to detail. Leilani Cox, an whole team. He brought you new merchandise, amazing positive presence, is another team player and the many Faces of FLSA. who is always keen to reach out to her cohort.

Finally, Bill Jones has been a great leader of his Our creative Activities team was led by Tayne team, ensuring that every event comes together Redman, who worked hard to reach out to students perfectly. He has also been my biggest supporter, and follow up with events they wanted. Tayne has and the reason our term has been such fun. He’s given you pub-crawl venue variety, exciting shirts taken on work when I’ve had too much to juggle, and a memorable Law Ball. Although Matilda Brown even with his own study load on the go. left us a little early, she showed great initiative in putting Quiz Night together, and of course making I will miss my time on FLSA very much. I’m not some iconic memes. Ryan Parker, another reliable sure what I’ll be up to next, but you can be sure I soul, has pitched in well beyond required and built won’t be out of a committee for long. Thank you strong team bonds. Sara Shahin is another valued for having me, and I hope I’ve been able to bring team player, who is the first to advertise events something valuable to your law school experience and get her cohort excited about FLSA. this year.

The Jurist

6

Features

The Jurist

7

Portfolio Spotlight: Careers,Education & Wellbeing Bill Jones, Vice President

It is with much sadness that I announce that this will be my third and final spotlight in the Jurist.

From First Year Representative to Vice President, my time on FLSA has been long but worth it. That being said, I have had to partake in many winefilled lunches at Alere in order to compensate for the stress. It’s a hard life I know.

As Vice President, I manage the Careers, Education and Wellbeing portfolio. I also assist the President in their general duties.As I’ve made my way up the ranks of FLSA, I now take great enjoyment in working with Olivia in managing the committee. Seeing our blood, sweat and tears come to fruition is a great feeling.

Over my three years on FLSA, I have made many friends, memories and connections, of which I will always cherish. I thoroughly encourage Flinders Law students to become a part of FLSA. The time on the committee is rewarding and it is good for students to see that we do a lot more than just organise a Law Ball. I wish the 2018 Committee the best in their endeavours.

The Jurist

8

Margaret Cusenza, Wellbeing Officer I am studying a Bachelor of Laws and Legal Practice and Behavioural Science (combined degree).

Through being on FLSA I have enjoyed being more involved at uni and making new friends. I have also developed my time management and communication skills.

In 2016 i was a Competitions Coordinator and organised the Lipman Karas Negotiation competition. For this, I communicated with competitors, tutors, and lawyers.

In 2017 I am the Wellbeing Officer and organised Wellbeing Week in semester 1. This semester, I organised the Wellbeing Panel Session.

Anthony Busuttil, Careers Officer I am enrolled in the LLB, having already completed a BIS. By joining FLSA I have developed my professional communication skills, while also strengthening my ability to work in a team with all different personality types. FLSA has also helped me to develop my organisational and time management skills.

Being the Careers Officer is pretty self-explanatory; the focus of my role is to organise career-related events. The biggest part of this role is to help the Vice President compile the Careers Guide. This is a particularly fulfilling role when you get feedback from students and professionals complimenting the work you have done.

I joined FLSA to be more involved at uni. I had previously competed in the Negotiation Competition and was interested in organising it.

I ran for the position of Wellbeing Officer because I know how hard it is to juggle uni, part-time work and having a social life. Due to my Behavioural Science degree, I am interested in mental health and coping styles to deal with stress.

I wasn’t sure why I nominated for the position of Careers Officer, but I am glad I did – being in my penultimate year, it has given me a great deal of knowledge about my career options.

The Jurist

9

full-time, and of course committing to FLSA. The one thing I have really developed this year is learning to balance my life out and prioritising what is important. There are commitments for FLSA such as meetings and office hours, which have taught me to use my time better and of course, balance my life out. Also, as a first-year student, a perk of FLSA is the friendships I have developed. Attending events and being involved with FLSA has allowed me to build friendships with other students who are not in their first year. It has been great to bounce ideas off them and get tips about what being a law student is actually like.

Amy Hawes, Education Officer I am currently in second year studying a Bachelor of Laws and Legal Practice, combined with a Bachelor of International Relations.

I have developed many important skills from being involved in FLSA. I have learnt better communication through email, phone calls, and face to face contact; specifically with law firms and government departments. My role as Education Officer has required me to help edit the annual Careers Guide for 2017. I have also been responsible for running exam skills seminars for first year students, and was responsible for organising catering for a ‘Women In Law’ themed dessert evening held at the Flinders Uni campus in the city.

As a first year, I do not have as many responsibilities as the Officers and Executive members. Despite that, I try to attend every event FLSA puts on and help out where it is needed. I also like to use my personal social media as a platform for sharing events and getting the word out there when an upcoming event is being held. Being on FLSA has been an amazing insight into how hard and dedicated students are to make a difference throughout the law school.

I joined FLSAas I was encouraged by a closefriendof mine who is currently holding an Executive position.

As a FirstYear Representative for Careers, Education and Wellbeing, my role incorporates aspects of life I am and always will be passionate about. I am glad I was encouraged to run for a role in FLSA because it has given me more insight into and experience of what being a university student is.

I have enjoyed being part of FLSA as it’s great to work in a team with people who are like-minded. I have made so many friends and it’s really great to have these connections and extra support outside of study.

Nadi Cox, First Year Representative (Careers, Education & Wellbeing) I am currently studying a Bachelor of Laws and Legal Practices combined with International Relations.

I am a very busy person working two jobs, studying The Jurist

Portfolio Spotlight: Marketing 10

Brayden Mann, Marketing Director

I am a second year Bachelor of Laws and Legal Practice & Bachelor of International Relations student who came to university straight out of high school. The work of Marketing Director is incredibly diverse. The tasks range from working with every portfolio to create marketing strategies, maintaining the FLSA Facebook page and designing posters and event promotions. The role has a consistent workload throughout the year and is often dependent on the other portfolios.

My favourite part of being on FLSA is the comradery, passion and friendships that encompass the committee. Marketing is fundamental to the Association, as it ensures students come to the Angelica Costi, Marketing Officer many events we organise. As the Director I have been able to interact with most of the committee I am a third year Bachelor of Laws and Legal and create friendships that have made my time at Practice & Bachelor of Arts (Modern Greek & university even better.

International Relations) student. This is my first year as a part of FLSA. During my time on FLSA, I have been able to develop my leadership and organisational abilities, As Marketing Officer I assisted our Marketing whilst creating strong networks within the law Director (Brayden Mann) in his tasks throughout school and wider community. the year. The Marketing portfolio was appealing to me because it works closely with every other portfolio. It involves running FLSA’s social media pages (Facebook, Instagram, LinkedIn) – focusing on increasing interaction and engagement between students on these forums, as well as creating/advertising events, posters, and flyers.

I thoroughly enjoyed marketing this year’s Law Ball and Competitions Grand Finals, and working closely with the Activities and Competitions portfolios to create Facebook events and posters that would attract greater attendance at these events. Marketing these events allowed me to delve into my creative side to produce new and exciting ideas.

The Jurist

11

graduates.minterellison.com

The Jurist

An Interview with Tania Leiman, Dean of Law

12

By Keelie Bormann

Q: How does the role of Dean of Law fit in with the College restructure?

A: In every College there is a Vice President Executive Dean, and under them sits a Dean of Education, a Dean of Research, and a Dean of People and Resources. The Law Dean sits slightly to the outside of that.We have statutory obligations to have a Dean of Law under the Legal Practitioners Act. There are also requirements for the Dean of Law to sit on the Council of Australian Law Deans, the Law Society Council, and the Legal Practitioners Education and Admission Council. It’s a really exciting position and one that is conceived differently from a traditional Dean of Law. Q: As Dean, what tasks and responsibilities have you taken on?

5 years ago will no longer deliver the knowledge, skills and competencies that our students will need when they graduate. I am excited about the opportunity we have here at Flinders to build an innovative law degree that engages head on with the challenges of our complex real 21st century world, while at the same time keeping our core social justice ethos. Big changes are occurring in both the way law is practised, and the way the law impacts on various areas of practice.

One example impacting the way law is practised is the use of increased automation in the legal services sector and in firms as they manage their workflow. Another is the increased use of data analytics – mining the data to predict what’s likely to happen in a particular case, or to easily access the best relevant documents. Law firms are starting to use artificial intelligence. We need to equip our students to engage with these new developments.

A: I have three key emphases in my role. The first is managing the accreditation of our degrees, to make sure that the admitting authorities and any other external bodies accredit our degree, and also managing the development of the law curriculum going forward. The second one is Other changes include virtual law firms (lawyers external engagement with the legal profession and the legal services sector. The third is about all working remotely rather than together in a physical space), and different structures in law strategic planning for the future. firms such as incorporated legal practices. There Q: What about the role of Dean appealed to is also the rise of contract lawyers who work under an agency and go off and work with clients or you? come in and do work at particular peak times. All A: It’s a time of significant disruption in the legal of these are changing how law is practised. services sector. A legal education set in stone even The Jurist

13

Changes outside legal practice are impacting on the types of work lawyers do. My area, the law of torts, is one example – in the last eighty years, negligence has become the most dominant tort.

Most of the negligence claims in South Australia relate to motor vehicle accidents and CTP claims.

Some other states though have moved to no-fault CTP systems, so there are no longer arguments about fault, and those types of claims don’t make it to court in the same way. There might be arguments about the extent of injuries, but not arguments about fault. The legal work there is different.

I haven’t necessarily sought leadership roles.

They’ve come to me, and then the question is whether you accept them or not. There’s a time when you have to decide whether you’re going to put your hand up and accept extra responsibility that might take you outside your comfort zone, or not. It’s always easier to stand on the sidelines and criticise what’s going on, and it’s always harder to put your hand up and step in. I read Sheryl Sandberg’s book, Lean In, a few years ago about the fact that women often will stand back and say they’re not ready for things, which was a I’m also working on legal issues like driverless challenge for me. I have only been working full time cars. The data shows that ninety-three percent at the University since 2012, and I would not have of motor vehicle accidents occur as a result of expected then to find myself now as Dean in 2017. human error. If driverless cars are introduced, I had to be prepared to put my hand up and say and if only fifty percent of the causes of motor yes, I will stand up. It’s a challenge for me, but on vehicle accidents are removed, there will be less the other hand I’ve been teaching here sessionally accidents, less matters in dispute, less matters in the Law School, as it then was, since 1994. I for lawyers who work in personal injury claims to started here part time in 2010, three days a week advise on. at uni and two days a week in practice, before full time in 2012.

When I started working as a lawyer, my whole practice focussed on negligence, motor vehicle I’ve also held a number of leadership roles in accidents, work injuries, and medical negligence. activities outside of the Law School and outside If I was still in that role, then five or ten years of work, in voluntary capacities. Being involved down the track as driverless cars are increasingly in Boards of not-for-profits is a great way to get rolled out, my whole area of practice would experience of leadership, particularly when they’re change. Similar issues are arising in all sorts of at a national level. Even without being in a formal different areas. Think about the implications of leadership role, you can still be a leader, and seek moving conveyancing work online and electronic to positively impact those around you. verification. Think about the implications of cryptocurrencies such as bitcoin, and distributed Q: How do you balance your time between ledger technology (block chain) which have the your responsibilities as Dean, your academic potential to completely change the way people research, involvement in topic coordination transact items of value or contract together. etc?

Q: As a woman, have you encountered A: I believe very strongly that it’s important to any challenges or obstacles when seeking or think carefully about how you balance your paidundertaking leadership roles throughout your work life, your life outside of paid-work, your career? commitments to your family, and time to look after yourself. If all you ever do is paid-work, that’s not A: I would say that my career hasn’t been likely to be sustainable in the long term. It’s really planned, but has happened serendipitously, one important, but I’m still learning how to do that well. thing after another. When I first commenced It’s a challenge for me – and I think it’s a challenge practice, it’s fair to say that some of the older male for everyone to think about how we manage to do practitioners thought of us as ‘girls’ and sometimes those things well. called us ‘girly’, including in court. Some things have changed, but there is still a long way to go.

My role as Dean is fifty percent of my time. I’m The Jurist

14

no longer coordinating any undergraduate topics.

I really do miss getting to know all the first year students in Torts 1, and the second year students in Torts 2. I still am supervising honours students, and a PhD student and I’m very keen to keep doing that. Then I have my own research as well.

be able to stuff that up in a small way. I’ve had lots of leadership experiences in my life that were very small and that carried no particularly big risks. I’ve made lots of mistakes along the way but learnt lots.

Now that I’m leading on a bigger stage, hopefully I won’t make the same mistakes again.

Q: What do you do in your downtime to wind Q: Do you have any general advice for down from a busy day? students navigating their way through law school?

A: I am blessed to have a very supportive partner and family. I have a very active dog who It’s really important not to become too obsessed needs lots of walking every day. I’m trying to go about grades and success. If you are grasping for to the gym more. I like to be outside as much as success it’s likely to always stay out of your reach. I possible – bushwalking, gardening, at the beach. try and live a life worthy of the calling I’ve received.

I also absolutely love listening to podcasts about So what’s the calling that you’ve received, and history, politics, international affairs, etc. what does it mean to live your life worthy of that?

In my context at the moment, my calling here is to Q: Do you have any advice for students invest in growing legally literate leaders that will be aiming towards leadership roles in their future able to lead our community ethically, wisely, justly careers? and effectively into the future. How can I do that in the very best way? A good place to start is by A: The more that you can put your hand up for supporting and serving our staff and students, and leadership in even the most humble positions, the really investing in them. better. Get involved here at Flinders – volunteer as a peer mentor, on FLSA, in the competitions.

Every person who has chosen to study law here Help on the BBQs. Volunteer for Open Days. at Flinders is doing so for a different reason. We The training you get as a peer mentor and the all need to find the thing that really inspires us experiences you have in leading commencing from the inside, not just because someone else students is a really great way to get really valuable thinks it would be a good idea. What’s the passion hands on leadership experience. that wakes you in the night with a fantastic idea?

Follow that path!

My conception of leadership is very much one of servant leadership. It’s incredibly rewarding Increasingly, the pathways for people with a law to know you have had a part in seeing others degree will look less and less like ‘go and work flourish and thrive, but it can also be lonely and for a law firm, get promoted in that law firm, go demanding. Leadership sometimes means being to the bar.’ There will probably always be some the first person to get there and put out the chairs people who are lawyers like that, but the changes and being the last person to clean up when the I mentioned earlier are giving people tools and event finishes. I don’t believe that you can lead by potential no earlier generation has had – to make ignoring the people that you are leading or without their own pathways, and do amazing things. seeking to serve them. Leadership can be viewed as something glamorous, but I think if you are not We’re in a world now where so many things are prepared to do the hard stuff behind the scenes changing, and we have an amazing opportunity that no one ever sees, it’s not true leadership. to affect change. Knowledge about the law is incredibly empowering. It’s crucial for each of Anytime you can get experience at leading, us to use the power about the law that our legal even in the smallest way, the better. You will learn education brings us for good, and to use it to affect something even when you completely stuff up change, and to affect change for the people that what it is that you’re doing, and it’s really nice to need it most.

The Jurist

15

An Interview with Orren Prunckun, Flinders Alumni

By Raquel Araya

A former Flinders Law student and now lecturer at Flinders, Orren Prunckun finds himself involved in start-ups and innovation as well as marketing and sales. Some of his experience includes being cofounder and President of Start-up Adelaide Inc, a not-for-profit organisation that exists to foster and support the Adelaide-based technology start-up sector. Orren has also spoken at various institutions, has contributed to publications, was on the judging panel for The Australian Centre for Social Innovation’s Aging Challenge, is mentor at GovHack and is a member of the Unley Business and Economic Development Committee.

I got his thoughts on career building, networking, work experience and got some overall quality advice. For anyone who is interested in an alternative career path or if for anyone interested in what non-lawyers do, read on!

A: I road tested a lot of jobs, in a lot of industries to work out what liked and didn’t like in a low risk, a low commitment way to make an informed choice before committing to a career that wasn’t right for Q: Some students know they want to pursue me. a law related career path upon graduating or at least think they do. Some are confused I said yes to a lot of opportunities. It’s always however as to whether law, particularly law easier to yes then back out than the reverse. In practice, is for them. Others know a law career taking on a lot of opportunities, that opened a lot is not for them. What was your experience and more, some that I could have never have predicted. why did you decide what you did? What advice Many of these “failed”, but many took off and left would you give in relation to this? me in a far better position than if I had not said yes.

The Jurist

16

Think of it as a big experiment: try something, get Mark Twain once said, “Whenever you find some results and then evaluate. yourself on the side of the majority, it is time to Q: How did you feel about the decision you pause and reflect.” made and what led you there?

Billionaire and co-founder of PayPal Peter Thiel A: Half way through my degrees I knew I didn’t asks, “What important truth do very few people want to practice. Nonetheless, I knew there was agree with you on?” value in finishing the degree in-and-of-themselves, as well as the rigor in thinking etc. they would Here is my answer: teach me.

I’d advise graduates to get some marketable I’ve also always had an interest in business skills. Yes, you have a law degree, but so and entrepreneurship. I started as an 8-year-old doesn’t everyone else who has graduated. Plus, collecting recyclable bottles at sporting events. you probably won’t be using a lot for the actual knowledge right out of the gate. If you can save Lastly, law practice was too narrow for me. money, make money or save time for organizations, However, law is everywhere, especially in business you’ll be indispensable. and entrepreneurship and this specialised knowledge has paid off many times over.

Graduates tend to apply for advertised jobs by emailing their resumes. This is what the majority Q: Did you have any guidance from mentors, of people do. Nonetheless the majority of jobs teachers, peers etc.? are in the “unadvertised” job market, which means networking, both informal and formal. Emailing A: Yes, absolutely. Although I have had an official resumes is the easy option but mostly never mentor, where I approached them on a quid- works. Networking is the harder option and most pro-quo arrangement. My Modus Operandi was always works. The majority of jobs are given to always to add value first, through free work, or whom organizations know, like and trust. Coming make my own internships then learn as much as I from the known is always better than coming from could from them as I delivered that work. Some of the unknown. the best learning I got was through this process.

I was lucky to work with some of the best in their You need to network to meet job decision makers. fields, although when you offer to make your own They are not usually the Human Resources internships you get to pick the best. person. They want you to send your resume and jump through the correct internal organization Q: There seems to be an infinite amount of hiring hoops. You have no leverage in this process. resources out there, especially on the internet, You should be attending conferences, seminars, to help people kick start their careers. Law lectures, workshops, presentations, tutorials, students are somewhat privileged in that there symposiums, trainings, meet ups, classes, is a lot guidance given to them at University summits, networking events in the industry you about professionalism and the sort. I.e. How want to work in. to write good CV’s and cover letters, how to apply for Clerkships, how to look professional When you network, you are not asking for a job etc. How can students begin to filter all this – they do not know, like or trust you yet. You are information? seen if you can help them. Now or in the future for free or paid. Networking is never about what you A: Simply, find people who have done what you can get, but rather how you can help someone. want to do and model what works.

Most people view interactions around what someone can do for them. You need to get out of Beyond that, I have two quotes I follow: that mind-set for yourself and step into that mindset for others. You want to be motivated to help The Jurist

17

people in your industry with no expectation that they will return it. You are helping because you like to help - no other reason – anything else will be incongruent and in genuine.

This is how networks, also known as relationships and friendships are formed. They are not based on transactions or swapping business cards after 2 minutes of small talk like most people do. This takes works and there is no easy way. You cannot buy relationships, but once they are established they last a long time and pay countless dividends for you career. Make meeting and helping people in your industry an investment of time, energy, money and effort.

Finally learn how to sell. Not sell as in what most people think as “pitching themselves,” that is like Step 6 in the sales process. I’m talking about things like identifying and finding the right people, bridging the gap with the, qualifying them and so on.

Q: I personally think not ineffective to apply ‘tips and tricks’ without necessarily having a good understanding about what it is you want to achieve in applying those things. What are your thoughts?

A: Correct. There is a big difference between being efficient and effective. Applying tips and tricks efficiently to the wrong goals is pointless.

However, applying tips and tricks to the right goal is very effective.

Q: Whether students reading this pursue a law related career path or not, what advice can you give to them regarding building a professional career? Are there certain things you have deemed important and if so, what are those things? And why do you think X is important?

A: Your personal brand is extremely important and as a graduate it’s probably one of the easier things you can control and build. You have the best tools at your disposal currently for free. This makes it both easy and hard because it’s a level playing field and all your peers have access as well.

The Jurist

18

Tackling Exams

By Mara Morrigan

Hopefully, throughout the semester you have been regularly attending lectures and tutorials/ workshops, while taking excellent notes and preparing structured answers to tutorial questions that are further shaped and informed by class discussions.

Even if this sort of groundwork has not been fully done, now is the time to revise. Play catch-up if you have to, but resolve to create a smoother experience next semester through better preparation. In the meantime, review difficult topics by re-watching the relevant lectures, going back over specific tutorial questions, asking for clarification from an instructor or tutor and possibly forming a study group with others in the topic.

Refine your notes down to what is examinable, summarise the relevant subject matter and have

brief overviews of distinguished cases. Doing this will also show you which areas of law you need to do further work on to develop a deeper understanding. For topics that have a fairly structured approach, ensure you know how you plan to answer questions by having a framework laid out for the specific legal content.

Other preparation Remain calm. Try to get enough rest and relaxation in the lead up to exams. Exercise, meditate, even visualize success to decompress from the potential stress of examinations. This way you’ll show up to your exams in a relatively balanced and calm state.

Give yourself enough time to arrive at the exam, find a park, arrange/stack/print your notes and legislation (if you can bring materials) and organise your pens and highlighters (clear plastic cases

The Jurist

19

only). Have your student ID and allocated seat number handy and memorised. Feeling rushed or actually forgetting something you may need (even if it’s just the security blanket of too many textbooks) could run the gamut from upsetting your equilibrium to losing you time in your exam.

Always plan your exam day in advance and arrive early. Bring a clear bottle of water if you know you’ll need it.

Timing the exam

section.

So as not to overstress, you may want to sit down surrounded by all your comforting textbooks and lecture notes and try last year’s exam at your own pace. Once you feel capable, go ahead and attempt the exam prior to that one under the precise structure of actual exam-like conditions with either your phone timing you or a real person, sternly telling you when you have 15 minutes left.

You’ll quickly see where there is room to improve Handling the timing of the exam is crucial. how you handle the time limits, areas of law and Generally, you will have been given a breakdown overall pressure. Plus, all that writing might even of how the exam is to be structured in each topic. start to making your handwriting look better which Use this to figure out how long you will have for your exam markers are sure to appreciate! each part of the exam based on their percentage of your total mark. In an hour-and-a-half exam, a question worth 20% of the total mark should be allocated 18 minutes, whereas one worth 60% will require 54 minutes.

During the 30 minute reading period, closely examine what is being asked of you in each section and jot down IRAC outlines of your projected answers on the scrap paper provided.

This is also the time to take a few deep breaths if you feel yourself panicking. Centre yourself even if you feel a bit lost and remind yourself that there are parts of the exam in which you feel confident.

Which question you tackle first is up to you – some like to just answer each one in order, others like to attack the question worth the most points first. Others warm up with the lesser questions before trying the ones worth higher percentages of the marks. If things go well, you can leave aside a few minutes at the end to check over your answers and spelling. Learning to use your exam time well takes practice which can be done by using previous exams as a revision strategy.

Past papers Yes, this does require extra work, but it really pays off. The more exam practice you have, the calmer and better you get at taking them! Most, if not all, topics that have been offered in prior years make available previous years’ exams either via the topic in FLO or through the library’s past exams The Jurist

20

Positivity: the Key to Success

By Flinders University Health, Counselling and totally turned off trainee.

Disability Services You might encourage the people you are training We have all had times when energy and and repeat information if they don’t catch on the motivation have disappeared without a trace. We first time. Maybe you give them positive feedback spend a lot of time worrying about whether we’ll and make sure your criticism is constructive. ever get that assignment finished or revision Maybe you use this positive approach because program started before the day of the exam. you are a nice person. But maybe you also use it because it works. Positive training techniques are Just stop for a minute and take a step back. Think motivating, performance enhancing and more fun. about the principles of motivation and training. Use a positive, motivating training technique on How do you motivate or help to train other people? yourself.

Do you insult them, put them down, shout at them about how hopeless, pathetic and lazy they are?

Be calm and don’t rush yourself. Allow yourself No? Why not? Is it because you are too nice to to go over information more than once. It’s okay if do that or is it because you have discovered that you don’t catch on the first time. It’s okay to consult negative techniques just don’t work? with others to gain information - lecturers, tutors, admin staff, and other students.

If you give your trainee a heap of put downs you are likely to end up with a resignation, terrified or • Don’t insult yourself: Trainers who put you The Jurist

21

down are irritating and unmotivating. Treat yourself politely and encourage yourself to keep on task and have another go when things are difficult.

• Get fit: Physical exercise is an essential part of your motivational package, not an optional extra. Whatever your physical abilities are now, • Be clear: Work out exactly what the deal try to improve them. A physical workout, at a level is. Divide tasks into sub-tasks with a completion that is challenging for you, will enhance your time for each sub-task. Divide an assignment into concentration, lift your enthusiasm and increase six areas: reading, chatting to lecturer or tutor, your motivation. assignment outline, first draft, more consultation, editing and final draft.

• Stop being scared of stress: At the right levels, stress is the most powerful motivator • Collect the evidence: Make lists and cross of all. Start thinking of stress as challenge and off tasks as they are completed. Chart your opportunity. Unless you experience some degree progress with timelines or graphs so you are of stress you are unlikely to discover your potential. clear about your achievements. You can see the assignments you have completed and the topics you have totally or partly revised. Post up the evidence of progress in a prominent place, such as the middle of the bedroom mirror so it gets you right between the eyes.

• Reward yourself: Reward is a powerful motivator. Use long-term rewards like the completion of your degree or celebrating with your first pay cheque. Use short-term rewards like an evening off to socialise or time out to enjoy a hobby or group activity. When you have a win, no matter how small, congratulate yourself. It will make you feel warm, appreciated and motivated.

• Rehearse success: Think about how you want to perform in an exam or tutorial presentation.

Think about the concentration, energy and enthusiasm you would like to have while completing your prac write-up. Why mentally rehearse all the stuff-ups that you don’t want to happen? Negative rehearsal is a sure way to fill you with fear and loathing and is not very motivating.

• Befriend yourself: When you are your own friend, you can move forward in a spirit of cooperation. It’s a team effort. If you are friendly and understanding about your own aims and fears, you are less likely to sabotage your efforts and more likely to support yourself in an encouraging and motivating way.

• Befriend others: Forming a study group and sharing ideas with others can be a great way to get things done.

The Jurist

THE BEST JUST GOT BETTER

22

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.

FLEXIBILITY? MAXIMISED.

You have told us how and when you want to study. So we’ve created a level of flexibility that’s unheard of in standard GDLP courses. PLT Plus offers: • • • •

Only 5 days of face-to-face attendance in Adelaide CBD 90% of the coursework delivered online Full-time or part-time study 5 start dates in South Australia throughout the year

E M P LOYA B I L I T Y ? M A X I M I S E D.

The ‘Certificate of Legal Business Skills’ is not offered by any other GDLP provider. Developed in close consultation with employers, the Legal Business Skills Series is designed to give you the competitive edge as an entry –level lawyer.

PRACTICAL SKILLS? MAXIMISED.

The College of Law has transformed its GDLP course into a highly practical and relevant task-based curriculum. You will learn key areas of competence through everyday scenarios that parallel real-life practice. Whether it’s drafting an affidavit, preparing a Statement of Claim or creating a PowerPoint to advise a client on the best structure for their new venture, you’ll learn by ‘doing’ – not just be reading.

D I S C O V E R P LT P L U S .

For course dates or more information about our PLT Plus program visit The College of Law website collaw.edu.au/pltplus or contact our Student Services Team on 1300 856 111 or enrolments@collaw.edu.au

The Jurist

Your career. Maximised.

The College of Law is Australasia’s largest provider of the Graduate Diploma of Legal Practice, with campuses in Brisbane, Melbourne, Perth and Sydney.

We also conduct programs in Adelaide, Canberra, Darwin and regional Queensland, as well as onsite sessions in London. The College of Law’s PLT program leads to the award of a Graduate Diploma of Legal Practice (GDLP) which makes you eligible to apply for direct admission to your state or territory.

Discover More

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

23

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

PLT Plus offers Only 5 days of face-to-face attendance in the Adelaide CBD

We now offer maximum convenience and flexibility –

More than 90% of coursework delivered online full-time and part-time courses available

at no added cost or time invested.

Direct admission to the Supreme Court of South Australia

Your training will also be more practical than ever before.

South Australian law and procedures taught by local practitioners

What’s more, PLT Plus now includes

Emphasis on task-based practical learning that mirrors real life practice

our new ‘Certificate of Legal

The only provider of ‘Certificate of Legal Business Skills’ – a new qualification that employers want

Business Skills’. Not offered by any

Preferred provider to 8 of the top 10 Australian law firms

other provider, this unique series of seminars will give you the competitive

Introduction of Canvas – a leading online platform used by Harvard and other Ivy League universities

edge as an entry-level lawyer.

Two subjects automatic credit into the College’s LLM program

Discover More Your career. Maximised.

The Jurist

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

24

Constitutional Recognition

By Luke Hanson

Constitutional change recognising Aboriginal and Torres Strait Islanders as our Commonwealth’s First Nations cannot merely be symbolic, change that is symbolic and achieves nothing is pointless.

It must achieve a purpose of self-determination’ and empowerment.

Amending the Constitution is notoriously difficult.

An easy option is to propose two amendments: first, an amendment to insert a preamble recognising Aboriginal and Torres Strait Islanders as the first nations of this land. Another amendment would remove s 25 entirely.

Constitution. Adopting the recommendations even though complex will not be impossible.

Mabo v Queensland (No 2) was significant as it found Native Title had not been extinguished by colonisation and, in some circumstances, continued to exist and could operate outside Crown Land leases. For this reason, Australia could no longer be considered Terra Nullius.

Parliament passed the Native Title Act in 1993.

The legislation sought to protect the rights and interests of Pastoralists and First Nations People.

The Act got its power from the Constitution s 51(xxvi). Removing the Race Power clause would invalidate legislation that is of ‘benefit’ to Aboriginal The 1967 Referendum was passed by a majority Australians. Duality of the Race Power clause is with around 10% of the total population voting what an amending s 51A would attempt to achieve. against the change. Australia has only successfully A racial non-discrimination clause would ensure carried 19 referendums out of 44 in Australia’s that legislation could not ‘specifically discriminate’ history. Before the 1967 Referendum, ‘Aboriginal against people based on race.

Affairs’ was the responsibility of state parliaments.

The problem remains. Aboriginal Australian’s are, Constitutional change is about ensuring that laws ‘counted but not heard’. passed by the Commonwealth Parliament benefit Aboriginal Australians, but cannot discriminate It was this issue of ‘counted but not heard’ which against them. Merely removing the mention of was emphasised by the Referendum Council race might have the undesirable effect of making in its Final Report. The report made made five laws that are of benefit to Aboriginal Australians recommendations: unconstitutional. Recommendations of the 1. Repeal section 25.

Expert Panel adopted in the Final Report seek to 2. Repeal section 51(xxvi). circumvent these problems.

3. Insert a s 51A into the Constitution known as the ‘Recognition Clause’.

Constitutional change cannot be merely symbolic.

4. Insert a new section (s116A), which would A country’s Constitution is a legal document setting be a ‘Prohibition of Racial Discrimination Clause’. out the foundation for how our country should be 5. Insert a new section (s127A) to guarantee governed. It is a declaration of what Australian the commonwealth’s responsibility for ‘Recognising citizens want our country to be. Merely symbolic Languages’. changes will make a difficult referendum more challenging as it would divide the “Yes” Campaign.

A majority of voters in a majority of States Any amendments to the Constitution must follow are needed to approve an amendment to the the recommendations of the Final Report.

The Jurist

Coop’s Coup Manifesto

By William Cooper

What is the one thing all law students know?

Reading cases sucks. They are written so badly you would think all 12 Angry Men had vomited on a piece of paper. It seems incredible to me that these people, all with law degrees and thousands of years’ experience at the bar (and that’s just McTiernan J), could spend their days writing judgements that read like essays for a neckbeard’s first English Literature class.

25

This idea is a lot of fun, but it would not change the fact that the actual judgements themselves are written as if by an angry toddler, painting the words on a brick wall with a toilet brush.

My next idea is one that would guarantee me a career in the legal profession, as well as providing an invaluable service to academics, practitioners, and students across the nation. These days no one, be they socialite or politician, can get by without a social media adviser; someone to turn their How is it that Kirby J could be hailed as a great number signs into hashtags, someone to teach reformer when his judgement in the Work Choices them their tweets from their twats. I would work Case was so illegible you could re-form it as with the justices as they write their judgements to fertiliser? Did Susan Kiefel really go through all make sure they can appeal to a wider audience. that trouble to get to the bench just so she could rebrand herself as a Xanax?

I would make it my solemn oath that if they tried to use a word with more than nine letters, I If there is one contribution I could make to the would make them read their entire judgement as legal profession, it would be to utterly revolutionise a punishment. judgement writing by making them possible to read or even just providing more incentive to force me I also considered that if I actually got a job as to fill my mind with drivel. a lawyer (not likely…) and therefore had no time, I would call their mothers in and just have them My first approach would be to encourage the glare judges to give their judgements clickbait titles. I, for one, would be more inclined to read Deane in a disappointed way until they learned to be J’s views on the Tasmania Dams Case if it were more considerate of others and stop forcing us entitled ‘Wig Tips: How to give your horse hair that to read the deluded ravings of old white people, horse flair’. I would read the entire judgement just desperate to show how many big words they know. to find out how he looked so damn good.

My last idea is to just kidnap every judge, lock Confed would fly by if I could learn about the them in a shed with some food, water, and straw excise power in an article entitled: ‘5 High Court and write the judgements myself. Basically, I’m judgements you can’t help but be caught up in’. planning a coup.

Nothing would have gotten me more excited But hey, at least my judgements will be easy to about reading Bird v Holbrook than the headline ‘A read. man set a spring trap shotgun on his property. You won’t believe what happened next…’.

The Jurist

26

Finding Your Mentor

By Vieshnavee Pandiyan

other hand, the mentees may have over-the-top requests, like asking their mentor to help them I had the opportunity to meet up with Debra Sarre, with an assignment. This is where a line must be this interview arranged by one of my mentors. As drawn. A mentor is a guide, not someone who gets we sat at one of the booths at Salt Bar, I could not involved in every intricate detail of your life. They stop thanking my mentor for this meeting. Debra’s can advise, not live your life for you. input was crucial to the forming of this article, she is the current mentor consultant for the Indigenous The Do-Nots: Law Student Mentoring Program. I have always understood the mechanism of choosing a mentor, 1. Do not carry an ulterior motive. No one but I never knew the other side. likes to be used, This is human nature. Often, I have come across individuals who only want Debra’s role was to identify mentors and pair mentors who can get them a job. This is not the them with a suitable mentee, mentoring is an art, I right attitude. may never know as I have never mentored anyone to date, but I do have a few mentors who have 2. Do not act smart. This is a great way of aided in shaping my life to where it is today. demonstrating that you are not actually all that clever. If you cannot learn from their experience, My first mentor was the editor of a local There is not much any mentor can do for you. newspaper in Singapore, I was 16 and before this Experience comes with age, patience and a had no mentors. I have learned to observe and willingness to learn. be myself in all my experiences with my various mentors. They have all become my life-long 3. Don’t pull the “I-am-a-maiden-in-distress” mentors and have gone beyond the stage of just stunt either. You are not meeting your mentor to providing me career advice they are teaching me be saved. how to be a better person.

4. Do not dress like you just got out of bed Debra taught me all about the process of finding or out from the gym. Appearance matters. Making a suitable mentor. She acts as a neutral party in effort with your appearance and with how you between them and the mentees. For instance, a dress demonstrates respect for your mentor and mentor may be a clever individual, but they may yourself. not necessarily know how to mentor. On the The Jurist

27

The Dos: 1.

2.

3.

4.

5.

6.

7.

transparent, grasping behavior is not endearing.

Show them you are here to learn; Act with kindness; Show respect at all times; Be yourself; Be the best you can be; Ask them about their life experiences; and Admire their contributions to society.

Rule 3: Show potential.

Show them you are worth their time, subtly but humbly.

Rule 4: Don’t hog the spotlight.

Once you get a follow up cue from them, You will ultimately end up with a mentor like a business card etc, give others a chance to yourself; you in 30 years. It is essential to map out communicate with them. your career aspirations from your encounters with your mentor.

What do I say in our first meeting?

Where can you meet a potential mentor?

Your potential mentor can be literally anywhere.

He could be sitting on a plane next to you. She may be someone asking you for directions to get somewhere. This may be far-fetched, but it is possible. However, the fastest and easiest way to find a mentor will be through social events. FLSA organizes many networking events throughout the year, maximize your chances there.

Rule 1: Stand out from the crowd.

Show them you are interesting and that you stand out from the rest. Be humble and explain to them how passionate you are about the work they do, this will bring your conversation to another level of depth. As any social event will have a closing time, this is when you have to move this conversation to the next level; ask them if you could meet them for coffee to learn more about their career successes.

Usually they will say yes, and give you their name card.

Once you both agree to a time and place for the meet, respond with enthusiasm, try to make the scheduling of a meeting as simple as possible, don’t come up with difficult schedules.

When everything is arranged, be punctual and polite. Usually they will buy you the drink, accept it graciously. After you settle down, they will open up to you and ask you about yourself. Do not blow your horn immediately, do it in little doses.

Essentially, this is like a first date. usually you will know instinctively if this is going to work or not.

Building on relationships?

Write an email thanking them for the meeting and let them know how much you learned from them.

After a few weeks, ask if you can meet them again.

Usually if they respond, it is a good sign and this will lead to a life-long friendship and mentorship.

These are just tips from my own experience of finding successful mentor relationships. As a mentee, it is also important to know there are Follow up is very important. Write to them that certain boundaries in these relationships. If you day so they will remember you. They may take a want to find a place in the legal world it is important few days to respond, be patient. to form healthy relationships.

Rule 2: Don’t immediately ask for a job!

I have observed individuals like that who would only strike a conversation with someone who would offer them a job. The entire conversation will be about employment and getting employed by them. Most people are not stupid, this kind of The Jurist

28

Studying Abroad: International Human Rights Law in Argentina

By Giulia Prosperi-Porta

On 24 March 1976, the military junta in Argentina overthrew the country’s President Isabel Peron and seized power. The junta was fed up with the Peron government and wanted to ‘restore order’.

This included disposing of anyone who opposed them, particularly those who held left-wing views.

People were kidnapped and locked in secret detention centres where they were tortured, killed and later ‘disappeared’.

The ‘disappeared’ ones were thrown from military planes into the Río de la Plata river near Buenos Aires, or buried in mass graves with no identification. Students, union workers, intellectuals and professionals were among the victims. Hundreds of children were torn from their mothers and given to other families. Women who were pregnant when they were kidnapped and A drenching under the incredible Iguazu Falls, gave birth in captivity had their babies taken away tango dance lessons and a visit to a former and given to military families to raise, or the babies clandestine detention centre were among my were sold or abandoned in orphanages. unforgettable experiences during an International Human Rights Law study tour in Argentina in the We heard first hand from loved ones of victims mid-year break. of the dictatorship, including Taty Almeida. Taty’s son, who was a political activist, was just 20-yearsThe study aspect was, of course, also old when he was ‘disappeared’. Taty was actively enlightening. We largely learnt about Argentina’s involved with the Mothers of the Plaza de Mayo ‘Disappeared’ and the atrocities in the country - an association established by mothers of the during its military dictatorship between 1976 and disappeared to search for their missing children 1983. and discover the truth. We heard from many passionate and distinguished guest speakers The Jurist

29

including a public prosecutor, politicians and human rights activists.

The tour was a good combination of study and fun. Ziplining, abseiling and waterfall chasing in Puerto Iguazu was the without a doubt the highlight of the trip. With a Brazilian tour guide who also happened to be an advogado (Portugese for lawyer), we ventured to the numerous vantage points which offered different views of Iguazu Falls.

Iguazu Falls is the largest waterfall system in the world, spanning 2.7 kilometres along the border of Argentina and Brazil. The icing on the cake was the exhilarating experience of getting drenched under the falls during a boat ride.

Heights petrify me. But abseiling and ziplining was included as part of the trip, and when in the Iguazu Forest. The creaky, rickety, rusty stairs up to the zipline platform was not very reassuring.

Alas, it was too late to back out. So zipline above the Iguazu Forest I did. As if that wasn’t enough for a heights wimp for one day, it was straight on to abseiling down a waterfall. That was daunting, especially when I lost my footing and kept crashing into the waterfall.

Being the birthplace of the ‘tango’ dance, watching a tango show in Argentina is a touristy must. My group also attempted to put our best feet forward during tango dance lessons. A drum show, a visit to a federal prison and a day trip to the quaint town of Colonia del Sacramento in Uruguay, are among the other activities I enjoyed.

I strongly encourage all students to take up the opportunity of an overseas study tour. Being at the end of my degree, my only regret is that I did not do more.

The Jurist

Jury Duty

30

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

2.

3.

4.

5.

Favourite study spot on campus? iTunes or Spotify?

Legally Blonde or The Castle?

Pineapple on pizza?

Favourite song to dance to?

Ben Krieg 1. Grind and Press 2. Spotify 3. Legally Blonde 4. It’s OK to vote no 5. Madonna – Hung Up

FLSA: the Weigh In

Sarah Schultz 1. The law library cause it’s quiet 2. Spotify 3. The Castle, but only just!

4. No way 5. Spice Girls – Wannabe

Louise Byrne 1. Cute tables behind UPCO or a study room in the library 2. Spotify 3. LEGALLY BLONDE 4. Yes, yum 5. Chris Brown – Kiss Kiss

We asked the FLSA Committee: What is your favourite landmark case?

Donoghue v Stevenson: 41% of votes Kartinyeri v Commonwealth (Hindmarsh Island Bridge Case): 26% of votes The Bell Group Ltd (in liq) v Westpac Banking Corporation (no 9): 11% of votes Minister of State for Immigration and Ethnic Affairs v Teoh (Teoh’s Case): 11% of votes Mabo v Queensland (No 2): 7% of votes Commonwealth v Tasmania (Tasmanian Dam Case): 4% of votes The Jurist

31

Local Presence

Global Opportunities

Lipman Karas is a specialist legal practice representing corporate, government and private clients.

A career at Lipman Karas provides opportunities and experiences that are unrivalled in South Australia.

With offices in Adelaide, Hong Kong and London, our team has an exceptional track record of consistently outstanding results in some of the most challenging, complex and high profile commercial litigation in the Asia Pacific region and internationally.

Lipman Karas offers lawyers commencing their careers with a chance to work with recognised leaders in their field on litigation projects, investigations and inquiries that are unique in both magnitude, complexity and geographic reach.

Clerkship applications close Tuesday, 18 April 2017. For information on the application process please visit lipmankaras.com.

Best International Firm for Work Life Balance 2014, 2015, 2016

The Jurist

32

The Jurist