The Jurist Issue Three 2016

THE JURIST Issue 3 2016

The Jurist

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The Jurist

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

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Contents President’s Welcome

by Alex Douvartzidis What the election resutls mean for animals

by Voiceless Finding female lawyers

by Giulia Prosperi-Porta Facilities for mums in jail

by Leah Marrone No so ‘real-ity’ TV

by Audrey Lian

5 6 8 11 13 14 17 18 23 28

The Jurist

International Criminal Law Congress: 30 years on

by Giulia Prosperi-Porta Inspiring the future

by Jamie Anderson 900 words

by Cassandra Louise Meet Mary Heath

by Jimmy Coffey Suicide Squad review

by Sarah Flynn

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From the Dean

By Professor Kim Economides

THERE is a strong ancient Hellenic tradition known as ‘φιλοξενία’ (philoxenia: literally ‘love of strangers’) that usually takes the form of an act of hospitableness or an eagerness to show kindness toward outsiders.

Greek mythology is replete with stories of humans who demonstrate virtue through acts of hospitality toward a stranger, who not infrequently turns out to be some deity in disguise, who then rewards the kind host. Such parables have helped establish and sustain xenia (‘guestfriendship’) as a fundamental Greek custom - and this notion is, I am pleased to say, much in evidence in this latest issue of The Jurist and in our law school more generally.

Interestingly, we can see xenia directed toward both insiders and outsiders: those whose roots may be deeply embedded in Adelaide; but also those who may be far from home, living and studying in unfamiliar surroundings and trying to come to terms with strange customs and language.

The story connected with the Inspire Mentor Program is indeed inspirational and offers a wonderful example of co-operation and inclusivity, particularly between Indigenous students. This program provides mentors for students from low socio-economic status,

regional/remote and Indigenous backgrounds in order to help raise student aspirations to participate in higher education.

Mentoring – be it formal or informal – is of course mutually beneficial. We normally consider it as an act of generosity on behalf of the mentor toward the mentee, with the former sharing her wisdom and experience with the neophyte. While often true, it is also not at all uncommon for the mentor to learn from the mentee, not least by acquiring a new and uncluttered perspective on the way we think things have to be done.

I am sure our student mentors will confirm that the benefits of mentoring are two-way and that we can both learn from and teach each other. It is important we help each other to learn and that we are open and sensitive toward the needs of the “other”, and regardless of their status or origins.

Perhaps the key attribute we all need to acquire and The Jurist

nurture is helping each other to overcome the fear of the unknown. Whether this fear is connected with entering our law school, leaving it for an uncertain job market or at some point venturing overseas to a foreign country, we need to be confident that we shall not only survive, but also conquer, the unpredictable. Whether the unfamiliar language to be learnt is rooted in strange technology or human culture, we must recognise our need for help, ask for it and when we have the opportunity, to then offer help to others.

Our mentoring program at Flinders helps create such a virtuous cycle and is, I believe, truly preparatory for professional conduct in the workplace.

I would encourage you all to venture beyond your comfort zone and be both brave and flexible when setting your personal goals. These goals may or may not be connected with work inside the legal profession, but whatever you may decide it is important to remember you are never alone and that, should you require it, help is available.

However difficult the challenges you may face turn out to be, they will be far easier to confront and overcome if you first seek help from, then offer it to, others.

Cultivating philoxenia is therefore a most sensible strategy, and one that may in the long run turn out to be both selfish and altruistic.

President’s welcome

By Alexandra Douvartzidis ON the path of trying to become the best of the best, many of us at law school are facing the fear of uncertainty of where we are headed postuniversity.

It’s too often that I hear many of my friends at law school are battling between getting enough sleep, completing an assignment, or finishing off their readings after working a 38-hour week to pay for rent and bills.

Somewhere in between all of that, there is an expectation to complete some form of volunteer work or interning in a legal area in order to increase your chances of scoring a graduate position.

As a result, we often ask ourselves: “Is it all really worth it?” and “what am I actually doing?”

It’s no wonder that we question the value of a law degree when we are constantly told there is an oversupply of graduates each year.

I would agree current job market trends could be likened to being trapped in the Hunger Games, and as such it’s no doubt that there is an increased fear amongst those wishing to enter the profession.

What we are failing to do however, is provide students with the knowledge of what really can be achieved with a law degree.

The real question we need to ask is: why is it that we only ever discuss clerkships and corporate careers?

Why are we not for example, talking about how students and graduates can enter into ADR, or policy development?

When I ask law students about whether they have considered a career in something other than corporate or criminal, some of them are unsure of what alternative career pathways are available to them.

We’re told we need to work on ‘standing out’ in a sea of 1000 resumes for a six-week clerkship.

Some of them have considered other options, however there seems to be the issue of being unsure of what steps to take to get into these fields.

The rise of the ‘oversupply’ can be attributed to the growing amount of law schools and online courses, the rise of technology and its influence on the law, and cuts to the public sector and job-market as a whole.

There is the assumption that because we are at law school, we must want to become lawyers. However, being at law

At the same time, a significant amount of students seemingly have little interest in working in a law firm or as a lawyer at all.

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school does not relegate a career as a lawyer.

I’ve met students who want to work in policy development, and others want to work as political journalists.

I have friends who want to open up their own businesses, work as analysists, and others who want to work in areas such as human rights.

Those with an entrepreneurial mindset will latch onto the world of technology and find out clever ways to build a career using the skills acquired in their law degree.

A great South Australian example can be found at: www.cartlandlaw.com.au Moving away from discussing traditional career pathways, there needs to be continual conversations about what other possibilities are out there.

Students need to not only be encouraged to explore other avenues available to them, but should be guided on how to reach these opportunities.

In saying that, it is also up to the students themselves to really make a conscious effort to consider what their future paths look like, and how they will get there.

With the evolution of technology and globalization, there is more need now than ever for students to be proactive in how they will tackle the job market – we just need to give them to tools to do it.

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International Criminal Law

By Giulia Prosperi-Porta Editor-in-Chief THE problems with expert evidence and the influence politics and the media has on sentencing will be some of the issues discussed at the 15th International Criminal Law Congress (ICLC) in Adelaide in October.

The ICLC will feature worldclass speakers in all areas of criminal law, including the Honourable Robert Shenton French AC, Dr Ian Freckelton QC, Felicity Gerry QC, Desmond Browne QC, Justice Lex Lasry and Father Frank Brennan.

Congress chair Grant Algie SC (pictured, right) said the ICLC would discuss and compare criminal law 30 years ago with where it was at today.

He said during his time in the industry, the issue that became “more and more troubling” was the impact of politicians and the media on criminal law.

“We’ve moved from a society that was relatively forgiving and keen to encourage somebody who had done the wrong thing to get back on track, to a society which is now vengeful, nasty and punitive. All of those features I think have been fanned and created by politics and the media, which is a worrying thing,” Grant said.

An example includes a 22-year-old man who had consensual sex with a 15-year-old girl, such as his friend’s sister. He

is charged with unlawful sexual intercourse and prosecuted.

“The issue for him will be whether he can avoid going to prison. Some Judges will lock him up for six to 18 months, other Judges might give him a suspended sentence. Either way he will be on the Sex Offender Register, there are certain jobs he cannot undertake, countries to which he cannot travel, and he will be under supervision, as I understand, for a long time,” Grant said.

“Thirty years ago that same young man would have likely not had a conviction recorded, but be put on a bond to be of good behaviour for six months.

“It is to be borne in mind I am talking about consensual sexual intercourse between two young people who are seeing each other and are fond of each other. One wonders why the community would see it necessary to impose imprisonment for that. Everybody is considered a predator or a paedophile; that is where we are at.”

Politicians, the media and criminal law Grant said there had been many examples where politicians intervened for their own purposes, particularly to “beat up” sentences.

“The media have fanned the flames by convincing the public they live in a community which is inherently unsafe The Jurist

and therefore they should be in fear and therefore sentences should be longer,” Grant said.

“And that’s what has happened; our prisons are overflowing, we’re destroying lives, particularly the lives of young people, and the community has been persuaded that that’s the right thing to do.

“The conference will be considering why are we sending people to 18th century prisons in the 21st century, when we have modern means of control and supervision, which means you don’t actually have to lock people up to control them.

“We have electronic surveillance, home detention; both of these mechanisms would be a lot cheaper for the community, far less destructive for the individual concerned and permit far greater access to meaningful rehabilitation.”

A privileged role Grant practises mostly in the Supreme and District Courts as defence counsel in serious criminal trials. After completing a law degree at the University of Adelaide in the 1980s, heworked in general practice in Whyalla for eight years.

He went to the Bar in 1991 and was one of the foundation members of Mitchell Chambers. He was appointed Silk in 2009.

“It is a great privilege to be entrusted with the responsibility of representing somebody

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Congress: thirty years on who is charged with a serious offence and whose liberty is seriously in peril; to be trusted with their case is significant.”

Grant said the job presented many challenges.

“It’s very difficult representing people when you actually have a view that they are probably not guilty because the worry is that something might go wrong and they are found guilty.

In response to the typical ‘how do you defend someone if you know they are guilty’ question, Grant said: “The only way that you know somebody is guilty is if they tell you they did it. Obviously if they tell you they did it, you can’t represent them and suggest that they didn’t.

“It may be that having read the prosecution case you form the view the prosecution has a very strong case, which may lead to the case against a particular accused being proved, in which case I tell them that.

“I advise them to consider their position because it might be that if in fact they did it, they might want to consider pleading guilty and get whatever benefit they can.

“In those circumstances I am acting as somebody who reviews the Crown case and gives the accused advice about how I see their position “It is not my job to decide whether they are guilty, it’s simply my job to give them the best advice I can.”

The problems with ‘expert’ evidence One of the other major issues that will be discussed at the ICLC is expert evidence.

Michael Abbott QC will speak about progress since the Splatt Royal Commission, which looked into expert evidence in SA following the wrongful conviction of Splatt in the 1970s.

“There are many problems with expert evidence,” Grant said. “It is not unknown for people to come along and express expertise in certain areas where they have none, or very little.”

“In the Chamberlain case people gave evidence about things well beyond their expertise that on more careful analysis, was shown to be wrong.

“It is more often than not presented by the prosecution, and The Jurist

the defence lack the funding to be able to effectively challenge, which gives rise to serious risk of wrongful convictions.

“It is a dangerous area and it has been recognised to be so for quite a long time.”

How juries are affected by hearing expert evidence, computer evidence, cyber evidence and human trafficking will also be discussed at the ICLC. This year is the first time the ICLC has been held in Adelaide since the inaugural Congress in 1986. It is held every two years in different Australian States and has been held twice in New Zealand.

The ICLC will be held at the InterContinental Hotel in the city between October 12-16.

For more information visit www. iclc2016.org.

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What the 2016 election Voiceless, the Animal Protection Institute FOLLOWING the longest election campaign in Australia’s history, the nation is now facing another three years under the leadership of the Turnbull-led Coalition Government. So what does this mean for animals?

Arguably one of the more diverse election campaigns in recent history, the 2016 Federal Election proved to be a strong platform to speak out on animal protection issues with new political voices supporting animal welfare initiatives, along with stronger positioning from the major parties.

As part of Voiceless’ Federal Election campaign, we contacted all of the major political parties and Independents, and sought their policy positions on the key federal animal protection issues.

Our supporters also sent out more than 25,000 emails to the leaders of the major political parties, urging them to commit to a ban on live export, the introduction of an Independent Office of Animal Welfare, and a ban on the commercial killing of kangaroos.

In addition to our email campaign, Voiceless joined forces with other major Australian animal protection groups calling for political action following the ABC’s 7.30’s horrific exposé on live export

cruelty in Vietnam.

Voiceless also dedicated its national Animal Law Lecture Series to the growing international movement to represent the interests of animals in politics, and how this movement has resulted in significant legal and policy developments in the animal protection space globally.

in Australia. Given its bipartisan support, we can expect the ban to take effect from 1 July 2017. It will bring Australia into line with other countries who have already committed to such a ban, including the member states of the European Union.

How did the political parties stack up heading into the 2016 election?

In addition to banning the sale and import of cosmetics tested on animals, the ALP put forward a significantly more progressive animal welfare policy than it has previously, committing to the introduction of an Inspector-General of Animal Welfare, an Independent Office of Animal Welfare, a review of the live export regulatory framework (ESCAS), and an update and renewal of the Australian Animal Welfare Strategy.

Following the Vietnamese live export exposé, Opposition Leader Bill Shorten further strengthened its model for an Independent Office, which would not only have an advisory role, but also be responsible for overseeing compliance with the live export regulatory framework and investigating potential breaches.

Critically, the ALP also acknowledged that their Independent Office would have responsibility for providing oversight and advice on such animal welfare issues as the

Given the policies of many of the political parties, it is clear that animal advocates have been effective in putting animal issues on the political agenda.

For the first time, all of the major parties incorporated pro-animal initiatives into their policies. This was also the case with some of the minor parties, including the Animal Justice Party and Derryn Hinch’s Justice Party.

This promising new discourse reflects an awareness by our political leaders that voters are willing to support parties that put forward progressive animal protection policies.

The Coalition While the Coalition did not have an animal welfare policy, it did commit to a ban on the testing of cosmetics on animals and the sale of new animal-tested products The Jurist

The Australian Labor Party

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results mean for animals killing of kangaroos, the first Minor parties time ALP policy has directly recognised the need to conEncouragingly, a number sider the welfare of kanga- of the minor parties and Inroos killed for commercial and dependents put forward pronon-commercial purposes. gressive animal protection policies in 2016.

The Australian Greens The Animal Justice Party (AJP) led the charge, being Of the major parties, the the only party to focus solely Greens had the strongest an- on protecting the interests of imal welfare policy, commit- animals. Despite failing to seting to a ban on live export, cure a representative in the an end to intensive farming new parliament, the AJP was of meat, dairy and egg prod- successful in doubling its vote ucts, and a ban on inhumane from the previous election, farming practices (such as and increased its vote across on-farm mutilation practices every jurisdiction.

Derryn Hinch’s Justice Parand the treatment of bobby ty also went into the election calves in the dairy industry).

Among other initiatives, the with a strong animal protecGreens also committed to tion policy platform, focusestablishing an Independent ing on harsher penalties for Office of Animal Welfare, animal cruelty, a ban on live the development of a com- animal exports, and a ban on prehensive and enforceable the commercial killing of kandefinition and standard for garoos. Derryn Hinch’s Justice free- range farming, and in- Party successfully secured creasing community under- one seat in the Senate and standing of the impact of will prove a key voice for anianimal agriculture on the en- mals in parliament.

The Nick Xenophon Team vironment.

For the first time, the Greens’ secured one representative in policy also singled out the the House of Representatives treatment of kangaroos, call- and three in the Senate. While ing for a more independent Nick Xenophon has previously and robust examination of been strong on opposing live the evidence informing the export, his position appears shooting of kangaroos. The to have weakened since the Greens also noted they would 2011 Indonesian exposé. be working to improve habitat conservation to ensure Election results: What’s in the protection and survival store for animals? of all native wildlife, including kangaroos.

A further three-year term of The Jurist

the Coalition Government is not an ideal outcome for animals. The Coalition continues to oppose the introduction of an Independent Office of Animal Welfare and the implementation of structures that will strengthen Federal Government leadership in the animal protection space.

With the support of Nationals Leader and Deputy Prime Minister Barnaby Joyce, the government will undoubtedly continue with its unwavering support for, and expansion of, the live export industry despite ongoing cruelty and the vast majority of Australians vehemently opposing the trade.

Further, the presence of an eclectic crossbench (including four One Nation senators, as well as Senators Jacqui Lambie, Bob Day and David Leyonhjelm) suggest that the Parliament may adopt a more conservative tone.

Nevertheless, it is important to acknowledge that animal protection has become a significant political issue. As the movement continues to grow, community expectations around the treatment of animals is progressing. This will undoubtedly lead to better, more compassionate policies from our political parties.

In the meantime, Voiceless will continue to lobby our decision-makers for legislative reform, both by utilising existing relationships and by developing new ones within parliament.

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Welcome to The Jurist’s Jury Duty.

Where we ask law students the important questions in life.

1. Are you a morning, afternoon or night exam kind of person?

2. One place in the world you’d love to travel to?

3. Who would be playing at your dream concert?

1. Night exam kind of person 2. France! Definitely for the food, culture and beauiful architecture 3. Andrew Lloyd Webber, composer of many popular musicals!

1. Night! Gives me time to cram all day, and I can’t wake up early enough for morning exams!

2. Germany. I have heritage there and I’d love to visit Oktoberfest

4. If you could be a superstar athlete at any sport, which sport would you choose?

4. Decathlons. They are a combined event in athletics consisting of ten track and field events

3. It would be more like a festival and have Bfmv, Disturbed, Black Veil Brides, Asonia, Breaking Benjamin, Sixx:am and more!

5. Fave emoji?

5.

4. Tennis

1. Night exams so I have time to study during the day and can go to sleep straight after the exam!

2. Japan! I’d love to explore the beautiful Harajuku, Akihabara and more.

3. K-pop boy group Big Bang 4. Basketball 5.

5.

WHAT IS THE BEST LEGAL FILM/TV SERIES? 1. Suits won 33% of votes

3. Law and Order won 11.11% of votes

2. Legally Blonde won 18.5% of votes

4. Rake won 7.4% of votes

2. Boston Legal

4. The Good Wife won 7.4% of votes

won 18.5% of votes

The Jurist

5. How to Get Away with Murder won 3.70% of votes

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Inspiring the future

By Jamie Anderson Project Officer FLINDERS University’s Inspire Mentor program has firmly fortified its place as a highly regarded extra-curricular activity for Flinders University students.

Established in 2003, the program allows students to volunteer one hour per week to mentor a high school student, either face-to-face or via online technology.

The program being deeply rooted in social justice and equity has resulted in a number of law students eager to become involved.

While speaking with students who have been connected through Inspire, it doesn’t take long to ascertain the long-term positive impact the program has produced for them.

Not only does Inspire provide a platform for meaningful conversation to take place, it enables uni students to dispel common myths and misunderstandings about university that school students may have. This is especially true for third-year law student Ashum Owen and her mentee, former Mannum Community College student Gail Brennan (pictured above).

During 2015, Inspire collaborated with the Office of Indigenous Strategy and Engagement to locate an Indigenous Flinders student who might be interested in mentoring Gail, a

year 12 Indigenous student at Mannum Community College.

Inspire hit the jackpot when they were referred Ashum, an enthusiastic, intelligent and high-achieving law student.

Ashum was matched with Gail and their relationship quickly blossomed. Gail, an aspiring law student found that Ashum greatly helped her to build her confidence and organisational skills.

“I became more confident and comfortable with the idea of going to university to study law. I also got the opportunity to talk about the transition from high school to uni and the huge differences I should try and prepare for,” Gail said.

Not only was mentoring beneficial for Gail as a mentee, Ashum also experienced significant personal growth.

“I learnt how to adapt my approach depending on the situation. It has made me a more versatile mentor, student and employee,” Ashum said.

When asked what skills Ashum developed during her time as a mentor, she believed the list was endless. She parThe Jurist

ticularly noticed her interpersonal and communication skills improved, as well as her ability to use her initiative.

About one year on from their first meeting, Gail has successfully completed her first semester as a Flinders law student.

Along with the solid friendship the girls share, Ashum is now tutoring Gail on a regular basis, to help her toward her goal of practicing family or criminal law. Together, they are also involved in a project with Inspire to deliver presentations about university life to groups of Aboriginal and Torres Strait Islander young people in suburban primary schools.

Ashum said mentoring was “a great opportunity to help a young person realise their potential and aspire to their dreams”.

Inspire has been overwhelmed with applications in 2016. E-mentoring places are currently full. There are limited places for face-to-face mentors. For more information or to become a mentor, visit www. flinders.edu.au/inspire or contact inspire@flinders.edu.au.

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An Interview with Cafe Bon Voyage’s Gourav Chopra JIMMY Coffey sat down with Gourav Chopra (pictured right) to hear more about Flinders Laneway’s Cafe Bon Voyage and Fairtrade coffee.

When did you start up Cafe Bon Voyage?

We started up in October 2013 and during the initial start up we had a lot of developments. Last year we were able to secure a permanent lease in the Flinders Laneway and it’s been going great since! The Hub redevelopment was a real boon for us, and having no hub last year made a big difference. Many of the people who came out to the Laneway have stayed here and continued supporting our business. People enjoy the atmosphere of the Laneway and keep coming back.

You advertise that you use Fairtrade Organic coffee.

What lead you to make that a priority?

It doesn’t really cost me a substantial amount to have, and it helps the people in other countries who grow it, so it was a simple decision to make. We do it because it only costs me a buck or two more per kilo to have it and pays growers a fair wage. Coming from a developing country

myself (India), I know that a fair wage is something that’s very important to have.

Where does Fairtade Organic coffee generally come from?

Majority of the best coffees comes from Brazil and the rest of South America, Africa, Indonesia, and India. A lot of coffee comes from India, though the coffee quality from there can sometimes be hit or miss.

From a cold business perspective, how does the additional expense of buying Fairtrade Organic Coffee affect your profit margin?

It does affect profit, but not that much. Every dollar counts when you’re running a small business, but helping others out and making a difference in their lives is something I really value. We don’t charge The Jurist

anything extra for it and absorb the costs, and customers support our Fair Trade business.

If people keep coming back to buy our product then I don’t mind absorbing the costs. But regardless if the business is Fair Trade or not, if you don’t make a good product, people aren’t going to come back.

Additionally, it’s great to be able to advertise as Fair Trade Organic for an extra dollar or two per kilo.

Do you have any way of knowing that the contribution is making a difference?

I think it is. I believe in the people who bring us this product and I am confident that they are doing the right thing by being Fair Trade accredited. I am paying a premium for it and am glad that this premium is going to the people who need it.

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Finding female lawyers

By Giulia Prosperi-Porta A NEW initiative to help boost the profile of female legal professionals has been launched by the Women Lawyers Association of South Australia (WLASA).

The Find a Female Lawyer (FAFL) directory lists details of practising women lawyers in South Australia, which the public can search.

WLASA president Leah Marrone said the association hoped the directory would be a useful tool to help women promote themselves in the competitive legal market.

“We hope this can help increase the profile of women lawyers and to assist in their being thought of to fill senior positions in the profession,” Ms Marrone said.

“And we also want to highlight that women practice in all areas of law, even areas thought to be traditionally areas dominated by male lawyers.”

The database shows name, firm, location, areas of practice and a link to personal biographies. It also details whether they can be contacted to be a speaker.

The initiative was spearheaded by WLASA secretary Christina von Muenster. There are currently 63 women lawyers across South Australia are listed, with more than 30 more to be added shortly.

“We are hoping that this will

HELPING WOMEN: The Find a Female Lawyer Launch in August

expand as awareness of the service grows and we advertise this service,” Ms Marrone said.

There were many reasons people wanted to seek out a female lawyer.

“Some people may feel more comfortable taking their legal issue to a woman - for example I worked in the area of discrimination and sexual harassment for some years, representing clients who had to relay to me very personal and difficult experiences, these women were often from migrant backgrounds and stated that they only wanted to talk to a woman about their experience,” Ms Marrone said.

“Or it might not be about the current legal issues a person is facing directly, for example a women who has experienced domestic violence in her life, even years prior, might later The Jurist

feel more comfortable taking any legal matter to a woman lawyer.”

Another reason was some businesses and organisations have adopted gender equity targets, and engaging a woman lawyer could help them meet that.

“Whatever the case, we want to ensure that members of the public know that there is always an option to be represented by a woman.”

Ms Marrone said the goal was to expand the directory in the future to include female legal academics, policy and research focused lawyers interested in law reform, to those interested in being mentors or assisting non-for-profit organisations, and those interested in being on corporate boards.

The directory was officially launched by the Honourable Chief Justice Chris Kourakis.

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900 words Go get them.”

She tried to downplay the moment and calm “900 words? That’s a you; her embrace a blansneeze,” she mocked. “I ket of warmth, strength ate 900 words for breakand surety before you fast.” walked out the door.

“You silly girl,” you roll You were shaking in your your eyes. “It’s harder socks. You still hate wearthan it sounds.”

900 words won’t convey ing socks.

900 words were not the complexity of your enough to write your first experience. They won’t assignment. Your perfect come close to explaining assignment required exthe breathtaking joy that actly 984. You counted. came with your accep“Don’t the teachers know tance letter – you’re goI have a degree in laning to be a lawyer, Harry. guages?”, you dismayed You called your nan and to your new friends. You cried down the phone. only told them 80 times She called back ten minutes later to let you tell her that you have one. How could a reasonable the news again. The first person in the lecturer’s time you tried your words position possibly set an were enveloped in tears. assignment with so little You didn’t fail. You, like freedom to move? To Elle Woods, got into Law show them the extent of School. your brilliance? You were 900 words won’t deallowed only 500. That’s scribe the many outfits the amount of adjectives you went through to find your perfect first day look. you would have used to describe the knife stained Who knew it could takes so long to decide on jeans with the despair of the victims’ family: the kids and a t-shirt? Your mum who would grow up withsmiled. “Jeans and a white shirt? Classic. Simple. out a father, the children Your best self. of a murdered man. You

By Cassandra Louise

The Jurist

couldn’t be emotive with so few words and that’s how you planned to get the jury. Did American television teach your lecturers nothing?

900 words are insufficient to explain the thrill you received when your first grades came back.

The savoury satisfaction of completion at your fingertips.

‘You write beautifully’, your feedback said, ‘your thoughts are well- constructed and your prose is excellent, but Cassandra you need to include the law.’ Writing well isn’t enough now. You need to write with purpose. Your teachers were right about IRAC. There aren’t enough words for how right they were.

900 words would be a blessing if they were all that required reading before the end of the week. But they weren’t just words. They were words in your Constitutional Law textbook. Words compounded by a sudden throbbing in your head, a desire to quit and a

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900 words shudder down your spine. Your spidey senses tingled – they were 900 words of dissent. “It’s not even the Law!” you cried to the ceiling. “It doesn’t even count!”

900 words weren’t enough to explain to your boyfriend that things needed to change a little. He just didn’t understand the demands of law school. You learned in Dispute Management that setting realistic expectations was key to resolving issues so you levelled with him. You tried to reassure him that everything would be ok but you wanted to be clear that law was harder than you realised.

Months later and your lecturer was right – time spent on task was actually the best indicator of success. Your grades went up and your relationship went down. “Of course you’re my number one priority” you told your soon to be ex-boyfriend. “You share a shelf with my 49 other number one priorities, but sure, babe, you’re the most number one-est of

them all.” That came out wrong… what a surprise.

900 words can’t express the appreciation you now feel for your educators.

The passionate and unapologetically intelligent women you have encountered gave you permission to be one of them yourself. The men challenged and encouraged you.

They helped remove your fears that the profession traditionally reserved for men wouldn’t welcome another driven woman like you. There will never be enough words for your gratitude.

900 words can’t reflect the pride you see now in your own eyes when you catch sight of yourself walking through the law school. Without knowing it you’ve grown out of your younger self and into someone new – someone with purpose and confidence. Someone starting to realise that maybe the adults weren’t lying when they said if you put your mind to it you could achieve anything.

And suddenly, your asThe Jurist

signments are done, your exams are finished, you’re writing an article for The Jurist and 900 words are all you have left. 900 words of thanks for the family and friends who listened to you delight in the intricacies of rape law and dismay at the lack of food at the Law Ball. 900 words of sorrow for the relationships you let slip by – you should have listened more attentively to Tania during New In Law and committed to spending time on things other than study. 900 words of relief. You made it. You’re still not sure how the Postal Acceptance Rule works, but you know that Hossein wants you to remember Baumgartner because though he’s bad in arts and money he’s good in… other things, and Salomon is the man in Sulette’s class.

No, 900 words will never do justice to the experience you’ve had. But you ate 900 words for breakfast so it doesn’t matter anyway.

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Where vegans eat: Two Bit Villains

By Sarah Flynn AMERICAN-style diner food comes to Adelaide!

But there is a twist: everything in this restaurant is vegetarian and can be done vegan.

Moreover, for any of you celiacs out there, most things can be done gluten free!

You can get seven different varieties of ‘meat’ burgers, but if fake meat is not your jam, then you can also get a veggie or french-fry burger.

I always thought french-fry burgers were only something children were allowed to get away with, so shout out to Two Bit Villains for making them socially acceptable for grown ass adults.

Most recently, I tried their hotdog. I have not had a hot dog in about three years, so I was excited at the prospect of trying a vegan one.

Did it live up the hype?

Yes, a thousand times yes.

Not only did it taste legit like a traditional hotdog, but I got to chose my own toppings.

I went with ketchup, mustard, vegan cheese and pickle relish.

No regrets.

There are also a variety of sides available. My personal favourites are the chilli cheese fries and the mac n cheese.

In life there are three words every girl wants to hear – ‘they

do dessert’. Salted peanut Sundays, different varieties of pie, spiced chocolate cake, and even a dessert specials board.

I always remember to save room for their apple pie. Their drinks menu is almost overwhelming with variety.

You can get handcrafted botanical sodas (in ten different flavours), ice tea, milkshakes, thick shakes, coffees, and the list goes on.

Every time I go there I try a different drink and I have never once been disappointed.

The vibe of the place is downright cool.

It is an old art-deco room, but with a retro 1950s/1960s The Jurist

touch, plus lots of (fake) greenery. The first time I ate there I sat on a fake grass upholstered bench, and I really dug it.

Two Bit Villains is a hidden away gem on the second floor of the Adelaide Arcade, so look out for it.

If you are going Friday or Saturday night, chuck a booking down to be safe.

Next time you feel like indulging, Two Bit Villains has your back.

Contact: Shop 150, Balcony Level, Adelaide Arcade Call: (08) 8232 1302; www. facebook.com/twobitvillains; instagram.com/twobitvillains.

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Facilities for mums in jail

By Leah Marrone President, Women Lawyers’ Association of South Australia IN the past few months the Women Lawyers’ Association (WLASA) has been running a campaign to support the establishment of Mother and Infant Facilities in SA Prisons.

WLASA believe that, for non-violent crimes, imprisonment should be the last resort for women with dependent children; particularly with children under school age.

When there is no other option but imprisonment, WLASA’s view is that there should be separated residential facilities for mothers and their children in SA correctional facilities.

ACT, NSW, NT, QLD, VIC and WA all provide separate and secure residential facilities for young children to live full-time with their mothers who are in prison. In addition, programs are made available to prisoners to support mother-child relationships. Currently South Australia is the only mainland state without such facilities.

Research has shown that secure attachment in early childhood, particularly from birth to three years, is vital for a child’s emotional, physical and mental development.

Early separation has traumatic consequences both short and long term. The research has also shown that keeping children and mothers together can aid mothers’ rehabili-

WLASA President Leah Marrone

tation and that these facilities are not harmful to children.

This was a campaign that we have been intending to run for some time, however decided to act immediately in response to the unfortunate matter of R v Soraya Louise where a mother expecting her second child was sentenced to 18 months in prison. We understood that her child would be removed from her within two days of birth and she would then only be able to see her twice per week. One of our members, Heather Stokes, was the barrister representing Ms Soraya Louise and brought the sentencing appeal to our attention.

Consequently, we called publically for changes to be made to South Australian correctional facilities to enable the establishment of mother and infant units. This media release was widely distributed. We subsequently discussed the issue on ABC radio and online, 2UE radio, and on channel Nine News.

We wrote to and met with The Jurist

the Minister for Correctional Services along with the Deputy Chief Executive of the department. This was a detailed and useful meeting, and we believe that following this, the minister has developed an appreciation of the potential benefits of such facilities.

However the main impediment, as is so often the case, appears to be cost. The department have assured us that visitations will increase, with a number of other reforms planned in this area to facilitate better access, and we will monitor this.

WLASA is planning to continue this campaign to see this important change happen in South Australia. We also hope to lobby so that law reform in this area sees the use of home detention or other alternatives prioritised, particularly for non-violent crimes. Our continued campaign includes, in particular, making a cost benefit case and looking at submissions to the Attorney General on sentencing options. If you would like to be involved, please email president@womenlawyerssa.org.au To stay up-to-date with the campaign and our other activities please follow our website, Facebook, and Twitter: www.womenlawyerssa. org.au; www.facebook.com/ WomenLawyersAssociationofSA; www. twitter.com/WomenLawyersSA.

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Meet Mary Heath

By Jimmy Coffey Publications Editor MARY Heath is an Associate Professor at Flinders Law School. Her research interests include law reform regarding rape and sexual assault, feminist legal theory, and policing public protest.

This semester she is Topic Coordinator for Sex, Gender and the Law, Criminal Law and Legal Method, and History of Legal Ideas. I sat down with Mary to discuss the advantages and challenges of working in academia.

What motivated you to start a career in Academia?

I didn’t really have a pre-existing plan; I wasn’t a very happy camper at the end of my law and politics degree.

So when I finished my degree I didn’t find work right away, it was a time of high unemployment, and I wasn’t sure that I wanted to find a job in law. So I answered an ad at the library to bake cakes for a cafe and I ended up baking cakes for a living for about 18 months.

Toward the end of that time, I was serving at one of the places that I was baking for and a couple of the people who taught me came in and were really shocked that I was working in a cafe! I understand now that I was a high-achieving student and that’s why

they were shocked but at the time I didn’t really think of myself that way.

Anyway, they offered me work as a research assistant for people who were working at Adelaide [University]. Part of the reason I got the job was that I had a unique combination of politics and law, and at a time when feminist jurisprudence was quite a new thing. I was a feminist activist as a university student and I had a politics degree where I had done some feminism, and at the same time I had a law degree where we hadn’t even touched upon any of these things. Around the same time I got a request from Margaret Davies, who I’d never met, and she was working at the freshly minted law school at Flinders. Margaret was one of the original staff here. And at the end of that year, the people at Flinders and Adelaide whom I was working with said I should apply for an academic job. I thought they were joking, but when I realised they were serious I applied at both universities, was offered a place at both and chose to come to Flinders.

You’ve published very heavily on issues of law surrounding rape and sexual assault. What motivated you to focus on these fields?

I became an anti-rape acThe Jurist

tivist when I was still a student.

I encountered the Reclaim the Night rape march one night when I was working at Bertie’s Pancake Parlour - it was a filthy pit. It’s not there anymore. I remember coming home with fake maple syrup from the edge of my hand right up to my elbow, it was a horrible job - but anyway, one day they sent me out onto the street with leaflets offering free coffee with a pancake, and then this march came past when I was standing on the corner.

This must have been 1982 or 1983, prior to that there was nothing about my life that would have predicted an interest in stopping rape, perhaps apart from the fact that I was going home by public transport late at night after my job and being scared every single time, and my parents encouraged me to be scared, they were obviously scared for me. Maybe it was just the level of fear I experienced about what might happen to a young woman after dark on public transport, but I remember standing on that corner, watching hundreds of women in this march go by, and realising “they’re my people, I want to be part of that”.

So the following year, I joined the march, I looked out for it, it came around again and the year after that I joined the organising collective. That

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Meet Mary Heath was the beginning for me.

After that I started going to organising meetings at the rape crisis centre we then had, and that lead me into a whole world of understanding what was going on in rape response services. After a while one of the people I worked with at Adelaide University asked me if I would write a paper with her where we did statistical analysis of outcomes for rape in South Australia, and when I saw what they were I was so horrified that I didn’t think the case could be any clearer that we needed some profound work before the legal system was going to be usable for people who’ve experienced sexual assault. That struggle is ongoing and while things have moved forward quite a lot, and public and legal debate on this issue is very different now from what it was in the 1980s, we’re still a long way from having a rape-free world or an awesomely good legal response to rape.

What about your research have you found most rewarding and what aspect has been the most challenging?

One of the things I love about writing and researching is that sense of your own understanding expanding. I loved that when I was a student because I really came to university from a family where

no one else had ever been to university. I came to it with a pretty narrow, conservative worldview. My family are very conservative people, and arriving at university was like getting out of the paddling pool at the public swimming pool and getting in the big pool! It was scary, it was exciting, fully of new people and possibilities. So, that sense of there being so much more to the world and there being so many tools to understand it with that I had as a university student, I still experience that at times.

Of course there are struggles. The subject matter is challenging; thinking about really painful issues year after year is hard. I feel very motivated though because I feel very clear about the damage that sexual violence does, The Jurist

and I feel very committed to being part of trying to change that. Maybe I’m going to go to my deathbed without having changed as much as I’d wished. But as far as I can tell, every social change movement takes time, and people do commit their entire lifetimes to a single issue and not necessarily see it the way they wish by the time they die. Even so, I’d still like to be part of moving this issue in a positive direction. There have to be people who commit to changing systems that hurt people. When you’ve got people who are already hurt, and you’ve got a system for response that’s so lousy, then get with the program! Try and fix that! Don’t be part of the problem. Don’t just kick back and pretend there isn’t an issue.

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Semester one competitions were a huge success

By Caitlyn Hoey, Seisia Kane and Sanduni Jayawarda SEMESTER one produced great results in the Client Interview, Witness Examination and Open Moot competitions. We had a solid number of participants who stepped up to the challenge and achieved a high standard in all three competitions. Congratulations to all those who competed and learnt plenty along the way – after all that is what competitions are all about!

Special recognition goes to our winners for each competition: Colthorpe Lawyers Witness Examination: Alexandra Douvartzidis Client Interview: Alexandra Douvartzidis and Philippa Ewens Open Moot: Philippa Ewens Special thanks must go out to all the amazing volunteers who dedicated their time and effort by assisting in time-keeping, and acting as clients and witnesses in the competitions.

Without their help, these competitions would not have been as successful as they were!

It was encouraging to have a high level of involvement from the legal community of

WITNESS EXAMINATION: Grand finalists Bimaya De Silva and Alexandra Douvartzidis with the Judges

South Australia. Furthermore, we are always grateful for the commitment and participation of the Flinders Law School staff and faculty.

Colthorpe Lawyers Witness Examination Colthorpe Lawyers kindly sponsored our Witness Examination competition.

Additionally, Ross Colthorpe and Gerry Bowen ran a skills session allowing our competitors to receive an invaluable insight into Witness Examination.

The grand final this year was held in the Supreme Court of South Australia. We had an outstanding judging panel, which included the The Jurist

Honourable Justice Tim Stanley, Michael Foundas from the DPP, Rebecca Sandford from DMAW lawyers, and Ross Colthorpe and Gerry Bowen from Colthorpe Lawyers. We were very excited to send Grand Finalist Bimaya De Silva, one of our grand finalists, to compete at the ALSA Conference in July.

Cowell Clarke Open Moot The standard of our mooters was exceptionally high, with the grand final battled out by Timothy Bost, Philippa Ewens, David Stiles and Tom Powell.

They were judged by an intimidating panel consisting of Justice Besanko of the Federal Court, Daniella Di Girolamo, barrister of Murray Chambers,

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OPEN MOOT GRAND FINAL: Winner Philippa Ewens with the Judges

Semester one competitions were a huge success Flinders’ very own David Bamford.

With the question focusing on misleading and deceptive conduct as well as civil litigation procedures the stakes were high, given the knowledge of the competitors and the expertise of the judging panel.

We were very excited to send Philippa Ewens, Timothy Bost and David Stiles to the national ALSA Conference in July, where they competed exceptionally well against the nation’s best mooters.

Client Interview Our most popular competition this year so far.

It was great to see so many competitors do their best and learn quickly how to interview a client.

Big thanks in particular to our wonderful Law staff member Sam Kontra, who consistently worked hard to ensure that the quality of this competition remained outstanding.

Our grand final was a very close call between Thea Paleologos and Megan Bowman versus Alexandra Douvartzidis The Jurist

and Philippa Ewens.

There was a great display of professionalism and creativity on the night of the grand final. They were judged by Sam Kontra, Lucy Evans from Flinders University, and Jessica Rajagopalan from Maurice Blackburn.

Congratulations to Thea Paleologos and Megan Bowman for representing Flinders Law School and competing so well at the ALSA Conference in July as well!

All in all, the Competitions Portfolio and all competitors had an amazing first semester.

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College of Law cocktail evening

By Erin Eustace THE night started off with an open bar, followed by a presentation from two College of Law representatives.

The legal practical skills workshops was explained thoroughly, alongside how they teach law in a more practical-based way. A question and answer session ensued, followed by cheese platter, wine and open discussions with the representatives.

It was both an enjoyable and educational night.

ABOVE: Alex Douvartzidis and Philippa Ewens with College of Law representatives

ABOVE: Ryan Parker with Erin Eustace and Alysha Foster with Jodie Aust.

The Jurist

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Not so ‘real’-ity television

By Audrey Lian Publications Editor MARK Burnett, creator of the widely popular reality television format Survivor created the word ‘dramality’ in 2000 to describe a genre of television show.

Reality television has evolved significantly since its 1948 Candid Camera origins.

What has reality television transformed into for the word ‘dramality’, a blend of drama and reality, to be coined?

Reality television is generally defined as a television program that features members of the public in unusual situations, often competing for a prize and often involving audience participation.

Reality television is a genre of television where contestants are put into an environment that imitates ‘real life’ situations.

The Macmillan Dictionary defines reality television as, ‘television programmes that do not use professional actors but show real events and situations involving ordinary people’.

Reality television has become increasingly popular over the years.

Life is starting to imitate art, with common water cooler conversation topics including favourite contestants on the Bachelor, how complicated that dish on Masterchef looked and whether or not Kim Kardashian has had butt implants.

However, how is this growing reality obsession impacting our society’s belief system?

Reality television could be instilling a troubling belief system in our society.

When the ‘Hunger Games’ movie franchise came out, author Suzanne Collins revealed that her novels were loosely based on the concept of communism and reality television.

‘‘

The popularity of reality television says that our society wants instant entertainment - anything that will capture our attention for an hour, even if it has limited worth.

There are some similarities between the ‘Hunger Games’ and reality television.

Obviously there aren’t any shows airing where contestants fight to the death, but nowadays the themes explored in these shows aren’t that dissimilar to those in the novels. If a real life ‘Hunger Games’ were on our screens, would we tune in?

The commonalities between what we watch now and the novel is truly astounding.

For example, shows such as Big Brother and The Mole create scenarios or problems that purposely encourage drama and conflict.

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Shows like Survivor and The Bachelor involve manipulation and messing with the other contestants’ minds.

Shows like The Voice and Next Top Model instil a feeling of ‘All or Nothing’; in these types of shows, contestants are made to feel as if they will ‘never make it’ or achieve success unless they win that competition.

They have the mindset of beating the other contestants and winning the audience and judges’ favour.

Survivor is no longer about ‘outlasting’, but rather ‘outwitting’ and ‘outplaying’ everyone else.

To win the game you need to be a schemer and manipulator, compared to the pilot of the show where your worth was measured by your survival skills.

The contestants in the first and second series pioneered the concept of alliances and popularity contests. Rather than it being a produced part of the show.

The popularity of reality television says that our society wants instant entertainmentanything that will capture our attention for an hour, even if it has limited worth. The fact is that reality television is cheap to produce and has a controllable factor to it, making it a popular and sellable genre to make.

Reality television is being pushed onto us, but we aren’t exactly resisting it.

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Effectiveness of mediation as a dispute resolution process when handling complaints against Australia’s Migration Agent industry ByTanella Puccio WHILE a popular course of action when an individual is dissatisfied with the services provided by a member of a profession is to sue for malpractice, the other alternative is to complain to the statutorily mandated authority that governs the profession.

The Migration Agent industry is an industry whereby clients often feel at a disadvantage to initiate or sustain a complaint. Migration agents are a form of professional service providers that assist individuals with immigration matters. Since the introduction of statutory regulation in 1992, registered Migration Agents are the only individuals able to provide immigration advice and must be registered with the Office of the Migration Agents Registration Authority (‘OMARA’). The OMARA has the authority under the Migration Agent Code of Conduct and the Migration Act to refer an agent and the complainant to the procedures for mediation when

investigating a complaint. This particular form of mediation is known as complaint-mediation, where an intermediary individual conducts mediation to precipitate an agreement by resolving the complaint that originates between the complainant, the practitioner, in this case the Migration Agent, and the professional agency, the OMARA.

Issues in using mediation Cultural issues and the process of choice It is necessary to consider cultural issues which arise out of the use of complaintmediation in this industry. This issue also contributes to the issue of power imbalance as a party may feel uncomfortable submitting to the procedure of mediation. Although alternative dispute resolution processes including mediation are well incorporated into western society, dealing with disputes in this industry involves individuals who encompass a range of cultures. Dispute The Jurist

resolution processes uncommon to another culture will be redundant if imposed upon an individual. A number of considerations, including, education, verbal skills, class, status, colour and race, attribute to the success of mediation. Direct confrontation is also avoided by many cultures and inhibits the process of mediation. Dispute resolution processes have often been criticised for insensitivity to the aforementioned factors, all of which contribute to the success of the mediation process.

Power imbalance The nature of migration advice already involves a pre-existing power imbalance between the parties which can be intensified by using mediation as a complaint handling process. This power imbalance is caused by factors such as fear, particularly for clients who are detainees in immigration detention centres.

In cross-cultural mediation,

, power imbalance also occurs due to communication difficulties, misconceptions and assumptions. Although absolute equality is not essentially necessary for mediation to work effectively, the parties must be able to speak from a strong emotional position. There is substantial concern that power imbalance impedes the ultimate objective of mediation, which is to assist parties in achieving a mutually beneficial outcome. The ability to initiate a complaint or acknowledge an issue by individuals in these circumstances creates an additional access to justice issue, and alleviating this may be done through the industry taking better steps towards dispute prevention.

The Migration Agent industry would benefit substantially from focusing its resources on measures to prevent disputes from arising.

Dispute prevention and complaint handling Reviewing the code of conduct The current code of conduct which regulates migration agent behaviour has been considered verbose and unclear, precipitating disputes between agents and clients as agents are unaware of their particular responsibilities. Reviewal of the scope and content in the Code of Conduct will therefore improve consumer outcomes and the overall integrity of the

migration agent industry. In this reviewal, OMARA should also be given the power to provide a remedy to complainants, in order to maintain standards of natural justice and procedural fairness. The current framework of OMARA grants it limited power to address inappropriate behaviour on behalf of agents before serious breaches occur. This causes serious issues as the agency is given no medium between the dismissal of a complaint and formal disciplinary procedures.

In the 2007–08 Review of Statutory Self-Regulation of the Migration Advice Profession, a submission stated that, ‘The MARA does not accept, take complaints seriously, or investigate them unless evidence against the agent is insurmountable.’ This issue has been attributed to the lack of power given to OMARA in its legislative framework. For example, under the current framework, although a caution stays on an agents register, an agent’s ability to practice is unaffected. Furthermore, once a suspension has been issued, an agent is able resume responsibility as a migration agent without further repercussions. In order to ensure an agent understands the severity of a suspension and consumers are protected, OMARA should be given the power to impose supervisory arrangements for a specific period upon the re-entry of an agent into the field.

OMARA is given limited flexibility to enforce conditions upon agents and can only request that an agent The Jurist

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change behaviour, unless the behaviour amounts to serious breach and requires disciplinary action. This contributes to the large number and tedious length of complaints as the OMARA is unable to correct bad behaviour at first instances.

In order to address this issue sufficiently, once there has been any non-compliance with objective requirements identified through its complaint handling activities or monitoring, OMARA should be granted the power to impose an enforceable condition on the agent’s registration. By granting OMARA the ability to impose an enforceable condition on migration agents, there will be a decrease the number of serious complaints initiated against migration agents. The current investigatory system does not necessarily alter behaviour of agents and therefore is inefficient. Through granting OMARA the power to impose conditions, there will be a more efficient system of proactive prevention, rather than a system based as a way to merely hear complaints.

Increasing education requirements Education is vital in preventing disputes which arise from agent conduct.

There are major changes currently underway regarding the regulation of the Migration advice industry which may assist in preventing complaints that arise. Concerns about the level of education of migration agents without

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Effectiveness of mediation as a dispute resolution process when handling complaints against Australia’s Migration Agent industry the level of education of migration agents without legal qualifications have been highlighted resulting in the recommendation that education requirements be strengthened for individuals seeking to become migration agents, including the introduction of a capstone exam.

Currently, under the Migration Agents Regulation Scheme, a registered migration agent who does not hold lawyer qualifications is able to qualify as a migration agent through satisfaction of one regulatory scheme and pay attendant fees.

On the other hand, lawyers who already have been equipped with tertiary training and legal practice must satisfy two regulatory schemes. As a result of an independent review into the OMARA, lawyers have been recommended to be removed of the burden to register with OMARA, and if implemented

this will remove the dual regulation which has caused a reduction in lawyers working in this field. Currently, less than half the registered migration agents have practising legal certificates, out of 5,452 registered migration agents in Australia, 1,830 have legal qualifications. There is often a lack of clarity between the difference between migration agents and migration agents with legal qualifications, which precipitates confusion for clients who are easily misled about qualifications of their advisor. This has a negative impact on consumer protection, and with this, disputes regarding conduct arise. Illustrative of this, from 2012-2013, OMARA had sanctioned 12 registered migration agents, none of which held legal qualifications, for significant breaches of the Code of Conduct. This poses significant questions regarding the future of the migration advice industry, as there is a significant push towards The Jurist

the profession becoming solely legal. The removal of a dual regulatory scheme will hopefully enhance the number of lawyers and potentially reduce the number of complaints arising in this field.

Conclusion The use of complaintmediation as a dispute resolution process is problematic in this field.

There are a number of cultural issues which arise from imposing mediation upon multi-cultural individuals, who may struggle to utilise this method of confrontation to their advantage. Mediation in this instance intensifies power imbalances between the parties, as individuals seeking migration advice are already at a positional disadvantage.

This suggests that significant attention in this field should shift towards effective preventative measures to decrease the number of disputes arising in this industry.

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28

Suicide Squad: The good, the bad and the bad to the bone

By Sarah Flynn HERE are my thoughts. Do you want the good news or the bad news first?

The bad Will Smith essentially plays Will Smith. I was really hoping for more, but like a lot of his films, i.e. I am Legend, Men in Black, and Handcock, he plays the smart talking bad boy with a hero complex.

Next, this film had some major cringeworthy corniness.

Although this is to be expected in all superhero films, it does not mean I have to like it. One particular scene where the Enchantress makes Deadshot hallucinate his daughter as

a means to stop him from destroying her spell, made me cringe so hard I almost achieved abs. Moreover, when Diablo referred to the villains as ‘his family’, despite only knowing these people for mere hours, my eyes almost rolled into another universe. This is not the Fast and the Furious, stop calling everyone family.

It was also overly apparent that Jai Courtney’s character, Boomerang, had no purpose.

It is arguable that he provided comic relief, but I think all the other characters did a much better job of that.

Finally, the fact that Amanda Waller, portrayed by Viola Davis, survived the film, absolutely made my blood boil. However, I assume they The Jurist

are leaving her death for inevitable sequels.

The good This soundtrack is dope. Like I would be willing to pay for this soundtrack, rather than just illegally downloading it. That good! P.S. I think LCD sound system would have worked really well for this film, just saying.

For a superhero film, the violence and action was believable. Superman was way too much, and so was Batman Vs Superman. Suicide Squad kept it contained and believable, but still completely kickass.

The CGI was a little touch

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Suicide Squad: The good, the bad and the bad to the bone and go on the Enchantress’ brother, but that is to be expected when trying to create a monster/God/witch. Speaking of the Enchantress, casting was perfect. Cara Delavigne is known for being a weirdo, so casting her to play an older than time spooky ass witch was an idea made in heaven. She killed role.

The cameos also nailed it.

Both Batman and the Flash were featured. They played their role without taking over the story or leaving viewers with a million questions. Subtle, but on point. DC clearly learned from Batman Vs Superman, where they tried to include Wonder Woman, giving just enough to get viewers interested, but then inevitably leaving viewers pissed off that she didn’t get enough screen time. The film in no way felt overstuffed.

Also unlike Batman Vs Superman, this story actually

made sense. It was easy to follow but not boring, and the audience actually understood why characters acted the way they did. Now for the most controversial character – the Joker. The Joker is of course different, but in the best way possible. If you want a Joker identical to the Dark Knight, why bother paying to see a new film? This is a new film with a new joker, one that fits into the DC universe. I think the way they included him in the story was great; they kept him as a bad guy, not an antihero. The Joker added to the story line, without sacrificing his signature crazy.

The bad to the bone Harley Quinn. This was her film and I loved it. I sort of expected this from the trailer, and my god did she deliver. She by far brought The Jurist

the best comedy to the film, along with delivering kickass believable action.

Her backstory was definitely my favourite of all the backstories.

Margot Robbie was the best part of this film, and I am very excited for a Harley Quinn solo movie.

The verdict I am bucking the trend.

Honestly, I would pay to see this again.

I don’t understand why Rotten Tomatoes is being so savage.

Sweet fight scenes, good laughs, pretty people, and a storyline that actually makes sense. This film makes for some good-hearted fun, and leaves you wanting sequels and prequels.

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The Flinders Law Students’ Association would like to extend our gratitude to our sponsors, who make it possible for us to continue to provide excellent services to our students.

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