Et Cetera, Issue 2, 2022

ET CETERA ISSUE 2, 2022

PROUDLY PRESENTED TO YOU BY

CONTENTS ABOUT...............1 DIRECTOR' S ADDRESS.........2 EDITORIAL.....2 OFFICERS' ADRESSS.....3 WHERE CAN YOU GO WITH A LAW DEGREE?...............4 FAILURE IS YOUR FRIEND – MY GROWTH AS A FAMILY LAWYER...8 MY JOURNEY TO THE WORLD OF SPORTING TRIBUNALS.............10 WORKING WITH THE AFL PLAYERS' ASSOCIATION.............12 THE ROAD TO BECOMING A FAMILY LAWYER..............14 BIANCA FAILLA ON BECOMING A HUMAN RIGHTS LAWYER............16 WINDOW IN: THE DLSS EXECUTIVE..............18 LITTLE FAILURES..............21 MAINSTREAMING WATER LAW: WHY YOU SHOULD KNOW MORE THAN YOU (PROBABLY) DO ..............22 JEREMY KING: HUMAN RIGHTS IN PERSONAL INJURY AND POLICE MISCONDUCT PRACTICE ..............24 HEARSAY..............26

About the Deakin Law Students' Society The Deakin Law Students’ Society (DLSS) is one of Deakin University’s oldest and largest student societies. We are a student-run organisation which aims to assist Deakin law students in making the most of their time at law school.

Across our portfolios, we work to provide a range of events and services to assist you at every stage of your degree. Whether you want to improve your grades or make new friends, the DLSS is your one-stop shop for all things law at Deakin.

Disclaimer This publication is provided free of charge by the Deakin Law Students’ Society. Any opinions expressed in this publication are not to be held as those of the DLSS, Deakin Law School or Deakin University. The DLSS, Deakin Law School and Deakin University do not necessarily endorse these opinions; they belong solely to the authors.

Copyright This publication is subject to copyright. Except where permitted under the Copyright Act, no part of this publication may, in any form or by any means (electronic or otherwise) be reproduced or stored in a retrieval system or transmitted by any process, without prior written consent from the DLSS. © Deakin Law Students’ Society Room EA2.17, School of Law, Deakin University 221 Burwood Hghway, Burwood 3125 www.deakinlss.org

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DIRECTOR'S ADDRESS And then it was October! It feels too soon, and it’s hard to believe so much time has passed since edition one of Et Cetera. Since the last issue, the world has changed again. And with it, so has the legal industry. It can be hard to feel grounded in an ever-changing legal landscape. This edition of Et Cetera aims to help you feel a little more certain about all that comes next, especially as everything keeps changing.

Thanks must first be given to The College of Law, who have generously supported this edition of Et Cetera. Their article on alternative careers in the law provides a valuable resource for everyone, and helps give some clarity to what life after a law degree might look like. Reading this before going into the rest of the edition will give valuable context to the rest of the articles, which go more into depth about specific practice areas.

The Deakin Law Students Society Executive have also generously provided an insight into what being on the Committee, and specifically, on the Executive, has given them. With applications opening soon to join the committee, it’s definitely the right time to consider the advantages of joining, and how you can get involved!

Finally, I would be remise to not draw attention to the incredible communications officers for 2022. Maggie, Megan and Selena have worked incredibly hard to source content for this issue, and put together this stellar publication, in addition to all their other hard work this year.

They’ve been an asset to communications and it is off the back of their hard work that we are able to present edition 2 of Et Cetera to you. I’ve enjoyed working with them immensely and am so proud of everything the 2022 Communications portfolio has achieved.

So, for the final time this year, Communications thanks you for supporting our work by reading. And if you’d like to be involved in 2023, keep an eye out for officer applications in the coming weeks!

Zoe Ellis 2022 Director of Communications

EDITORIAL

Design| Maggie Robinson Editor | Maggie Robinson Editor-in-Chief | Zoe Ellis CONTRIBUTORS Evonne Bethavas Sam Cusamano Bianca Failla Rohan Kelly Jeremy King College of Law Dr Erin O'Donnell Alex Taverner DLSS Executive

Editor | Selena Zhang Editor | Megan Sanidad

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OFFICERS' ADDRESS Hello and welcome to Et Cetera’s second issue of the year.

To all of our returning readers, thank you all for patiently waiting, and for our new comers, buckle up because you’re in for a ride!

Needless to say, this year, as well as the past two, have been filled with uncertainty and turbulence for everyone. Especially for all of you who may or may not have entered into the next steps of your legal career.

Regardless of which stage you are in your life, we hope you find inspiration and motivation from these articles, and that you gain some practical insight into a field of practice in which you might have some interest.

Through our preparations for Et Cetera, we have been able to meet a variety of different legal professionals, whose advice and stories we are elated to have in this publication. This issue includes valuable insights and accounts from diverse areas of law and will most definitely be helpful for law students aspiring to enter the legal profession.

It has been an honour to work in this year's Communications Portfolio and under our amazing Director, Zoe. Being a part of the DLSS has provided us with many opportunities to immerse ourselves into the university experience and branch out more within our degrees. Working on the 2022 issues of Et Cetera has allowed us to meet and chat with multiple industry professionals, as well as other students and graduates, whose stories we cannot wait to share with you.

We hope that this edition of Et Cetera is as inspirational for you as it was for us when putting it together.

So on that note, we hope you enjoy the read! We assure you, you won’t be disappointed. Please enjoy Et Cetera's second issue for 2022.

Selena Zhang, Megan Sanidad & Maggie Robinson 2022 Communications Officers

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FAILURE IS YOUR FRIEND – MY GROWTH AS A FAMILY LAWYER I disputed the outcome because I believed Dan Meagher’s rants on gay marriage and cigarette packaging were irrelevant and therefore did not prepare me for the exam. Hilariously, my dispute outcome reduced my final mark by 3 marks to 41. I was of course disappointed to receive this mark and felt inferior to my peers. I queried whether I had the intellect to graduate or the capacity to endure a further 3 years of studies (not to mention Consti for a second time!!)

After a few weeks of feeling sorry for myself, I decided to reflect on my study techniques. I thought about reading key cases in textbooks, as opposed to copying and pasting lecture slides. I considered listening to every lecture instead of relying upon my classmate’s comments or lecture notes. I even experienced the grief of turning down a Juggernauts function to conduct some late-night case research on the Deakin research database. I did not want to let the glaring ‘N’ on my transcript curtail my confidence. I instead opted to be resilient and take failure as a learning experience.

Rohan Kelly COOTE FAMILY LAWYERS As law students and lawyers – we are perfectionists and overthinkers. We analyse every situation we get ourselves into in great detail, whether it be work, an exam question or a conflict in our personal life. We like structure and predictability, and when an unexpected or unwanted circumstance occurs, this will often send us into hyperspace.

My article focuses on failure and my sincere experience at dealing with it.

First and foremost, failure is not the end of your degree or your legal career. As a law student, I want to reassure you that someone will employ you, and if that firm does not see your potential, another firm will.

Failure is an opportunity for resilience and perseverance, and I hope that after you have read this article you approach failure with an attitude that will provide you with further (and greater) opportunities.

I am currently employed as an Associate at Coote Family Lawyers. If you have a keen interest in the Australian family law industry, you will know that Coote Family Lawyers is a specialist firm that is recognised as a ‘Preeminent’ or ‘First Tier’ family law firm in Victoria. The purpose of me gloating about my firm is not to boost my ego, but rather, to assure you that I was not a student with a First-Class Honours average or a clerkship at King & Wood Mallesons to get to this position. If anything, I was the opposite of that.

Failure and University I remember the first time I failed a unit at Deakin - it was the unsurprising and unforgiving unit of Constitutional Law. I got a 44.

My self-imposed discipline from my failure boosted my WAM of a 58 at the conclusion of 2013 to a 70 upon my graduation in 2016. For that, I have to thank my 80 mark in Constitutional Law during my second attempt…thank you Dan, I now understand the relationship between gay marriage, cigarette packaging and the Australian Constitution.

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The takeaway from this anecdote for law students is that if you do fail – push on. Your dream as a lawyer is not dead and you can still graduate in your expected timeframe. Failure is the time to reflect on your study techniques and carefully think about what you can do better.

Failure and the legal industry Moving forward to the legal industry, I was employed at a firm that I thought would be my ‘forever firm’. I expected to work there until I retired.

During my fresh stages as a Law Graduate, I encountered an email between two partners that was not for my viewing. They criticised my attention to detail and suggested that everyone at a partner level “felt the same”. As law students, I have no doubt that you understand how I reacted to this email – I was sent into hyperspace! What did I do? Am I going to be fired? How am I going to pay my car loan? Is my legal career over before it began?

I decided to resign because I wanted to be with an employer that was not afraid to tell me where I went wrong, and who would first approach me any issues with me before criticising me behind an email. I value constructive criticism, because without constructive feedback from your partners or mentor, I believe that it is impossible to grow as a lawyer.

Further, the experience made me realise that the grass can be greener on the other side, and that change can foster growth. If I had chosen to stay at the same firm and believe “the door was ajar”, I do not think I would have had the confidence to move firms or gain the knowledge and experience I have inherited from other firms as a lawyer.

After discovering the email, HR had a frank discussion with me that my attention to detail had been a concern during my rotation (although during my performance reviews I was not aware there was even a problem!) I was reassured that “the door was ajar”, meaning my offer as a lawyer at the firm (the door) would still be available if I could prove myself.

However, I had already felt burned by the failure I experienced from that email and I decided to move firms.

Fortunately, the firm I moved to was supportive and provided me with mentoring to develop my legal skills.

My partners respected and understood that I was a graduate who was only 6 months into my career as a lawyer.

This anecdote is not about quitting. It is about reflecting on your values and what you want to achieve from your legal career. Avoid staying at a firm that compromises your values or your mental health, and do not be afraid to accept new opportunities.

Ultimately, failure is your friend because it can teach you to be resilient and encourage you to consider other options. I am thankful to be employed at Coote Family Lawyers and feel that I have achieved what I aspired to be at Deakin – a family lawyer in Melbourne at a supportive and well-respected firm.

Indeed, as law students, we should aim for perfection that comes in the form of a ‘HD’, however, please take my experience as a stark reminder that your career aspirations can still be made possible even when failure unexpectedly occurs.

In my view, there were two options to approaching this situation: 1. Stick it out and prove myself; or 2. Leave.

The purpose of my anecdote is not to suggest that you quit every time you encounter an issue in the workplace – quitting is not always the solution.

What made me arrive at that decision was my core values and what I wanted to gain from my employer as a Graduate.

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MY JOURNEY TO THE WORLD OF SPORTING TRIBUNALS

In January 1990, I commenced lecturing at Victoria College Burwood, now Deakin University Burwood campus. Because of my involvement with the League as its adviser and my sporting background, I was asked by the University to prepare course materials in a unit that would be introduced as part of the Sport Management degree program. The unit was “Sport and the Law” which I taught for over 10 years and is still conducted today.

Sam Cusumano DEAKIN UNIVERSITY My journey to the AFL environment and the world of sporting tribunals commenced by good fortune.

It was the mid 1980’s. My wife and I, whilst driving home from work on a Tuesday evening, noticed a group of “athletes” performing training drills at Parade College Bundoora sports oval in Plenty Road. We could not quite work out who these people were. We again noticed the same group two nights later.

Then, in early 1993, the AFL advertised for tribunal members. I applied and was successful. I sat as a member of the AFL Reserves Tribunal and whilst I was hearing cases involving “AFL reserve grade players”, I was also rostered to hear cases involving senior AFL players at the AFL tribunal sitting alongside Neil Busse (former AFL Tribunal Chairman).

Our curiosity got the better of us. So, I turned into the sports oval and asked one of these “athletes” who they were and who they represented. They were a group of Diamond Valley Football League field and boundary umpires performing particular training drills in readiness for their upcoming games that weekend. My wife encouraged me to join them so as to “get a little bit of fitness” (to put it mildly). This I did.

After a few weeks of training to join as a goal umpire, word “got out” that I was legally qualified. I was approached by League officials to ascertain whether or not I was interested in becoming the League’s honorary legal adviser.

I was happy to take on that role which I held for many years. The cases I had to deal with mainly involved disgruntled players who wished to challenge, in the Courts, tribunal decisions – most of which occurred at finals time. However, this proved to merely be the beginning of my involvement in sports law.

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In 1996, I was appointed to the VFL tribunal and was a member of that Tribunal for over 20 years. At the same time, I was invited to be part of the AFL (Victorian Country) (the umbrella body of country leagues) and also AFL (Victoria) (the umbrella body of suburban leagues) Appeal Boards. I spent over 20 years on each of these Appeal Boards, often travelling to country towns to hear and determine appeals.

I spent an immensely gratifying 10 years travelling throughout country Victoria on behalf of AFL (Victoria Country), delivering seminars to tribunal members and advocates on proper tribunal procedures and processes, and the basic principles of natural justice or procedural fairness.

I would never have been appointed the League’s legal adviser. I would never have been asked to prepare the course materials in “Sport and the Law” and probably never have been appointed to the various tribunals I have described. It was purely all good fortune or “being there at the right time and the right place”.

I have also been a member of the Victorian Soccer Federation (now Football Victoria) tribunal panel and on one occasion in 1997, I was invited to hear and determine a disciplinary matter on behalf of the Australian Olympic Committee.

So, if you are interested in being part of a sports tribunal, you would be wise to send your CV to a number of Sporting leagues to see whether there is an opening for you to be part of its tribunal panels or Appeals Boards.

You just never know what might develop from there. You should also consider becoming a member of a sporting club and who knows, you might be asked to handle some of its legal matters. This would certainly be a step in the right direction in opening up a whole new environment in the practise of your profession.

To jump forward, in 2015, I was appointed Chair of the Northern Football Netball League Independent tribunal, a position I still hold today.

This year marks 30 years of being a part of the various sporting tribunals in Melbourne. In this time, I have heard hundreds of cases.

It has been a pleasant, enjoyable and rewarding experience and I have learned much from other tribunal members who have sat with me from time to time. I have derived much satisfaction and pride sitting alongside notable QC’s and on occasions, alongside Magistrates to hear and determine cases.

A personally significant part of my journey has also been my son’s involvement. His similar interests in the law and sport has led him to also become a member of this League’s tribunal and we have heard and determined cases together. I am not certain, but I doubt whether there has ever been a “father and son” sit together to perform an adjudicative function at a tribunal in Victoria.

So, if it wasn’t for my wife “pushing me” to find out who was training at the Parade College sports oval in Bundoora, I would never have become a goal umpire.

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WORKING WITH THE AFL PLAYERS' ASSOCIATION Alex Taverner Alex Taverner is a Legal Counsel at the AFL Players’ Association. The AFLPA are the representative body for AFL and AFLW players, as well as Alumni members.

Professional Journey and Path to the AFLPA I graduated from Deakin at the end of 2018 with a Bachelor of Commerce and a Bachelor of Laws and took up a graduate position at Australia’s corporate regulator, where I ultimately settled in their corporate governance team.

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I was there for more than two years and while the legal and professional skills I developed were invaluable, I had always possessed a burning desire to work in sport. Over the lockdown period I began some postgraduate study in sports law and started exploring what roles were out there. When I saw that the AFLPA were looking for a Legal Counsel, I applied instantly – it was an opportunity to merge my passion for sport (and, in particular, AFL) with my legal skillset.

A Day in the Life of the AFLPA Legal Team The Legal department incorporates three lawyers, a data analyst and an overseer of the Accredited Player Agents. Given we’re a small team of lawyers, I’m fortunate to be able to work on a whole range of matters and issues. Aside from negotiating and overseeing the CBAs and advocating on issues that impact our collective playing groups, we also provide support on a wide variety of individual player issues. Examples include issues relating to player image use, anti-doping matters, contractual disputes, disciplinary matters, and player health and safety issues.

An Overview of the AFLPA The primary role of the organisation, and specifically the Legal team, is to negotiate the Collective Bargaining Agreements (CBAs) on behalf of both playing groups. These documents, which are negotiated between the AFLPA and the AFL, stipulate key terms like player salaries, working conditions and entitlements, and a revenue sharing model that ensures that the players can share in the growth of the game. It's also our role to ensure that

the obligations for the industry in those documents continue to be met.

The AFLPA has five departments.

Outside of the Legal team, they include: Member Programs & Camp; Services, Communications, Commercial and Strategic Innovation; Business Operations; and Player and Stakeholder Relations. Collectively, all teams work together to ensure that we are providing the best possible experience for our members.

From an individual member support level, and during the cut and thrust of the AFL and AFLW seasons, there’s often a sense of urgency in needing to resolve (or at least advance toward resolution) issues ahead of the upcoming weekend’s round of matches.

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The Best Bits Take the time to maintain the relationships you have created and embrace opportunities to create new ones.

I get a deep sense of satisfaction in being able to support individual members through issues, both in terms of their on-field career but also in their lives away from football.

For me, signing up as a mentee to the Australia New Zealand Sports Law Association (ANZSLA) Mentoring Programme was hugely beneficial for my professional development. My mentor has been amazing and was pivotal in guiding me through the application process for the role at the AFLPA.

I’m also proud to be able contribute to the collective advocacy we provide on behalf of our members. It’s rewarding to see our work result in tangible outcomes for an entire playing group. For example, we recently completed the negotiation of the AFLW CBA for season 7, and among other key outcomes for our AFLW playing cohort was a 94% increase in average player salaries - a result we hope many players will find life changing.

The Best Advice Alex Received as a Young Lawyer ‘The most valuable thing that people can give you is their time – so make the most of it when it’s given to you.’

When I was trying to break into the sports law industry, I found people to be incredibly generous with their time - willing to chat about their own journeys into sport and provide invaluable advice. While I knew that, as a young professional, I could not offer the same level of value the other way, simple things like offering to buy a coffee (because who says no to free coffee?!) would often go a long way to helping start these conversations.

‘Don’t underestimate the power of your network.’

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THE ROAD TO BECOMING A FAMILY LAWYER: ACCOUNTS AND ADVICE FROM EVONNE BETHAVAS Evonne Bethavas in conversation with Megan Sanidad In my experience as a family lawyer, not only do you have the opportunity to help people, but you see them grow from the moment they first step through your doors to when they’re feeling stronger and back on their feet at the conclusion of their matter. I’m always humbled by clients’ strength by the end and seeing them develop makes it all worth it.

What has your experience working in family law been like?

Working as a family lawyer is different every day. It’s a unique area of the law such that you find yourself navigating the law whilst trying to manage some of the most difficult times in people’s lives. I moved to family law from tax law because I wanted more of a “people” aspect to my practice. It was a difficult and risky move, but I’m so glad I did it because I genuinely look forward to going to work every day.

I started practising family law at a specialist boutique family law firm.

This was overwhelming at first and to b\e completely raw with you: I asked myself, “What the hell am I doing?!” almost every day for the first few months! Part of me wanted to return to tax which was familiar and comfortable. A wise fellow family law colleague at another firm told me to have faith and stick it out…and I did.

Being thrown in the deep end was the best thing that could’ve happened to me. I thereafter moved to a larger mid-tier firm before moving to my current position as an Associate at Barbayannis Lawyers.

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What advice would you give to law students wanting to enter family law?

Family law is dynamic and it’s important to understand other areas of law such as tax, property and estates – I personally enjoy this challenge. Put it this way – there is never a dull moment in family law!

First piece of advice: Buy the Family Law Handbook! Reading this was a saviour when I moved from tax to family law.

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Secondly: Start early! Expose yourself to family law at university by volunteering at a community legal centre. The Springvale Monash Legal Service is where I started in my first year of law. The opportunity to solve problems in the midst of society will teach you life-long personal and career lessons.

Thirdly: Being a lawyer is an honour.

It’s important to be real and down to earth with your clients. For example, there’s no point using fancy legalise for the sake of it if your client doesn’t understand your advice. Be mindful of who you’re communicating to. Not only that – your client needs to trust you and feel comfortable. After all, they’re providing you with their most sensitive information and the last thing they want is all ego.

What I’d say is don’t be afraid to explore – your first job doesn’t have to be your final destination. Even the job after the first job might not be the perfect fit. Remember, it’s a step closer to where you want to be.

Don’t settle. If you’re not happy, find the courage to make the move. I know how difficult that is, but you won’t look back. There were people telling me at the time that I was crazy to move from my role in tax, but I simply decided to fight for what I truly wanted and for my ultimate career fulfilment.

Fourthly: Soft skills are important.

Complete some psychology or mindset training.

Having this background can be the difference between swiftly settling a matter and proceeding to a trial.

Finally: Communication and presenting skills aren’t negotiable. I undertook television presenting workshops which is great practice for those who wish to do your own court appearances.

Have you always been interested in family law? Did you work in any other areas prior to family law? If so, what made you switch?

During university, I thought I wanted to be a criminal or human rights lawyer (don’t we all!).

However, I have a Commerce/Law background, so I wanted to explore the commercial aspect. I started as a Graduate at a top-tier professional services firm in their Tax & Legal team. The experience was incredible.

It taught me to have a strong work ethic and provided me with solid commercial and tax knowledge which I’ve brought into my family law practice.

However, I really missed personally dealing with clients. I found myself content, but not exhilarated by the work. There also wasn’t enough incourt action.

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BIANCA FAILLA ON BECOMING A HUMAN RIGHTS LAWYER Bianca Failla in conversation with Megan Sanidad The path to becoming a lawyer is not always linear. Human rights advocate and lawyer Bianca Failla spoke with us about the trials and tribulations that led her to where she is today, the valuable work she’s currently doing, and provided insightful advice to aspiring students:

That’s why I think it’s important that if you’re passionate about human rights, don’t waste time in another area. And, there’s lots of other options - you don’t have to practice straight away.

You could go into a research, policy or non-legal advocacy role, or become a human rights investigator – there’s many things you could be doing to make a difference.

I’ve branched out into different fields and now I’m practicing as Senior Civil Lawyer for Victoria Legal Aid, and I am volunteering as a Human Rights Lawyer for AED Legal and with Amnesty International as a Coconvener for the Victorian Refugee Rights Network. I’m also on the Disability and Human Rights Law -Sub Committees with the Law Institute of Victoria. Prior to this, I was the Human Rights Advocacy Coordinator at the Youth Disability Advocacy Service, and I also worked as an Investigation/ Conciliation Officer for the Australian Human Rights Commission.

“I haven’t had a typical ‘finish law school and get your dream job’ experience – it’s been a bit of a journey. One of my lecturers in law school said that “if you want to pursue a career in something, make sure it’s something that you’re passionate about, otherwise, going to work every day is going to be hard”. That was the best advice in my opinion.

For my first role in the legal profession, I packed my bags and went to Sydney because I was lucky enough to get offered a corporate job at a top tier law firm – and mind you, I had no interest in corporate law at all, it was just something to get my foot in the door.

I literally worked three days in that office because I didn’t feel that I cared enough about the work, and I knew that I needed to be passionate about my job in order to succeed in it.

Luckily, I managed to work at a department store for the summer before I got a job at the New South Wales Ombudsman as a Project/Investigation Officer in their Employment Related Child Protection Division.

It was this role that led me to my first practising role as a Child Protection Solicitor for the Department of Families, Fairness and Housing.

The most important thing I’ve learnt is that you shouldn’t judge a book by its cover. It’s important that you put yourself in the client’s shoes. No matter what situation they’re in, there’s often a reason that they’re in that situation. If you are going to work in a profession where your role is focused on helping people and advocating for their rights, it’s important that you show empathy and compassion, otherwise your client will be reluctant to open up to you, and you may end up missing vital information that could be critical to their case.”

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Advice for Students “I have recently finished a Masters in Human Rights Law. I think balancing work and study can be hard … you have to be extremely organised.

My calendar is my saviour for putting reminders for when things are due and how much time I have to do them, and I think it’s important to make sure that you pick subjects that you’re passionate about, otherwise it’s going to be difficult to get through the content.

I think you really need to break up your learning – you don’t just learn what you learn from uni – you learn from practical experience too .”

Bianca is a senior human rights lawyer, disability advocate and refugee activist with over eight years of post-admission experience in human rights law.

I think something that I didn’t realise when I was at university is that employment law coincides with discrimination law. If I got to do my time again, I would’ve picked employment law as an elective subject and gotten more experience in that area, because employment law and discrimination law are two topics that often intersect in practice.

If you want to be a human rights lawyer, community legal centres are a great start – so many of them now have so different sections that may not be called ‘human rights law’, even though it is. I overlooked a lot of things because they weren’t explicitly titled as ‘human rights law’. You can even join committees with the Law Institute of Victoria as a Law Student, or if you are under 26, I would recommend joining UN Youth Australia, or Amnesty International’s Youth Advisory Group (YAG).

I also would’ve built up my CV earlier – I kind of waited until I graduated because I was so overwhelmed by my bachelor’s degree. But to be honest, not one employer I’ve worked for has asked for my academic transcript. I think it’s important to give it your all, but don’t let grades stress you. I see a lot of younger people doing it now, and I think that if I turned back the clock, I’d be volunteering at every non-for-profit human rights organisation I could get into.

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Window In: The DLSS Executive The DLSS provides an amazing opportunity to get involved with networking opportunities, social events and generally is an incredible enhancement to your uni experience.

One of the great things about the DLSS is the structure; you can join as an officer in a portfolio that interest you, with no background knowledge at all, and progress onto the executive to take on a bigger role after that!

Working on the DLSS as an Executive is an amazing opportunity to showcase and grow leadership skills.

It provides a high element of autonomy as you are able to shape the portfolio to whatever you like.

From selecting officers to pitching ideas for events and initiatives, there are countless opportunities to see your vision for the year come to life.

Being on the Executive can be a challenging role as you are often placed in situations you have not been exposed to as of yet. For example, managing a team of officers, delegating tasks and acting as a role model or source of authority to not only your officers, but law students in general is a lot of responsibility. It is an extremely rewarding experience as you are able to voice your opinion in Executive Meetings, and expose yourself to unique opportunities that can better yourself as not only a person, but a future lawyer also.

The Communications Portfolio spoke with executive members of the DLSS about what it has been like working with the Law Society.

What has your journey been with the DLSS? Why do you think it’s an organisation people should get involved in?

I was first exposed to the DLSS as a First Year attending Law Camp where I was instantly drawn to the energy and cohesiveness of the Committee.

From there, I began attending as many DLSS events as possible with my friends, providing me the opportunity to network with older students and create relationships. In my second year, I applied for the role of Competitions Officer and developed some amazing life skills. I was given autonomy to MC my own events, and the responsibility of managing heats for various competitions. In my third year, I applied for the role of Activities Director as I believed it was more suited to my personality and would allow me to grow my ideas to enhance the social aspect of DLSS. Despite COVID-19, we ran many successful events and this position gave me the opportunity to step into an Executive Role and its responsibilities. As such, in my fourth year, I applied for the position of Vice President where I have spent this year curating into my own vision.

Working on the DLSS as an Officer is also beneficial and rewarding for many reasons. Whilst you are working underneath your Director, you will be assigned countless responsibilities and high level tasks. It is a great role for younger students, or students with less availability. You are able to interact with all the other portfolios and be a part of something more in your Degree.

-Surina Sood, 2022 Vice President What made you want to join the DLSS? What have been the most positive parts of your experience?

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After struggling to make friends due to the impact of COVID-19, I joined the DLSS with the intention to make some new friends and be able to represent Deakin Law Students. While I was really nervous to apply, joining has honestly been the best decision I have ever made. I have been able to connect with students in older year levels who have given me invaluable advice and be able to form meaningful connections with them.

Additionally have had the opportunity to run events like the Annual Deakin Law Ball, which I would have never been able to do if it wasn’t for the DLSS. This experience has completely shaped my law school experience and has personally made it a really enjoyable experience as I am able to use the relationships formed on DLSS as a support network and connect with such like-minded individuals.

What has been the most rewarding moment of being on the DLSS? How do you think your portfolio you oversee contributes to betterment of student experience at Deakin?

The most rewarding moment this year has been watching my officers organise and host the various events of the SJE portfolio. As a director, watching your officers host events brings a sense of pride as you witnessed first-hand the planning and dedication that went into the event.

Another rewarding moment for the SJE portfolio was running the Maddocks x DLSS Drive for Dignity.

Collecting over 1,500 items for Food for Families and seeing their gratitude when we delivered the items outweighed all the hardworking and planning that went into running the event.

The Social Justice and Equity portfolio is unique in the sense that it reports on contemporary and topical issues occurring in the legal space. In a commercial law dominated space, it provides opportunities for students to learn about the interactions of social justice and the law, and various social justice career pathways they can pursue.

I believe the most valuable part of the DLSS is not only being able to connect with like-minded law students but also being able to display a degree of professionalism.

Throughout my experience on the DLSS, I have been able to understand what it is like to be in a professional environment. This environment is mocked through meeting minutes, agendas and other matters like the DLSS constitution. Additionally, I have personally learnt so much through the DLSS. Before joining I never knew what a clerkship was and if I wasn’t on the DLSS, I probably would have never learnt about such a paramount experience. DLSS really is a family that is such a valuable experience that I would recommend to every law student. It has completely motivated me to continue my law studies and given me a support network to connect with others

-Brigitte Fraser, 2022 Social Justice and Equity

Director

of

What is your role on the DLSS and what have been the biggest challenges for you? Why would you recommend joining the DLSS? My role on the DLSS is Director of Competitions. I'm responsible for organising all the competitions on behalf of the DLSS that simulate aspects of legal practice for students to hone their many skills,

- Kathryn Bourozikas, 2022 Director of Activities

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I have fun and hopefully make friends.

I really have loved this role, I was a competitor in 2020, joined the competitions team in 2021 and in 2022 I got to make it my own. I started the Bail Applications competition, alongside my team I put on some really awesome Grand Finals but my favourite part was watching the competitors and how far they've come. It's a real honour watching people improve with every competition, watching their confidence increase and them have more fun with it each time.

The biggest challenge of the role is keeping on top of so many conflicting deadlines simultaneously but luckily my brilliant team is always on the ball.

I would recommend joining the DLSS because frankly a law degree is only half the battle. It's important to get out there, make good connections, give back to your community in anyway you can and truly maximise your Uni experience by learning as much as possible in the little time we're given. Making friends has helped me navigate uni so much, it's truly an invaluable part of my experience and the things I've learned from attending the DLSS events have truly helped better prepare me for the profession.

The DLSS tackles so many real world issues students will face and fills the gaps in your studies. For instance, I learned everything about clerkships from attending my DLSS peers’ events.

-Julia Fittipaldi, Competitions

2022

Director

of

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I fell asleep on the train when coming home from Melbourne and ended up in Warnambool

er m o t s u c a d aske y l l a t n e d i c c A arm e n o d a h y l on at work who an s a w t I ’. d n a ha d e d e e ‘n e h if nly o e h t t o n s accident. Wa o... s o d o t r e b staffmem

Law students are prone to little moments of failure like anyone else (some more than others). Read along and have a laugh at our expense.

Little Failures Where does wearing an oodie to the meeting fall on a scale from 1 to ‘clearly midway through a mental breakdown’?’

87 minutes late to a DLSS event must be a new record’

Arriving at Crown to get ready for law ball and realising my license is in Narre Warren North

Timesheet entries at work: · 0.2 hrs Discussing mediation and cancer · 1.0 hrs Dominating speed scrabble

I was in constit utional though law cla t the se ss and m inar lea religion d asked alism?’

And I a ‘What i passion n s swered ate exp with a lanatio state r very n into f ights o ederali nly to r sm vs ealise h ‘What i e had a s origin sked alism?‘

Im ay or m the trai a n, g y not the hav one l ed oop the sta tion who ozed and .Ia o l m m am no e way ff on wa aro ean t und t to Lily d be i n th ale e ci ty.. .

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Image of Birrarung by Dr Erin O'Donnell

MAINSTREAMING WATER LAW: WHY YOU SHOULD KNOW MORE THAN YOU (PROBABLY) DO Dr Erin O'Donnell

UNIVERSITY OF MELBOURNE

Do you live near a river? Do you know who would be responsible if the river dried up and stopped flowing? Do you know whose job it is to protect you from floods? Do you know that irrigation water rights in rural Australia are now worth over $30 billion? What happens if you own a right to water, but someone steals the water that should be yours?

If you’re interested in the way that the law shapes the world, you need to pay attention to the law of water.

[1]

Water is life Water is essential for life. Water is a human right; access to water is a United Nations sustainable development goal; and water is increasingly recognised in settler state [2] law as life. Yet for all that, water is largely absent from the way we teach and practice law.

Do you know who is responsible for the water coming out of your tap?

What would you do if the water came out brown, or made you sick? What would you do if nothing came out?

For days? These are (sadly) all questions that communities across Australia have had to ask the courts, and sometimes the answer is that the law has not made anyone responsible for supplying safe, affordable, drinking water.[3]

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Climate conscious (water) lawyering The climate catastrophe is making it impossible to ignore the headlines: rivers in Europe are running dry, fires in water catchments in the USA are making water undrinkable, and in Australia, people in NSW have been devasted by multiple “unprecedented” flood events in the same year. The values and decisions that water law facilitates can make these catastrophes more (and less) easy to live with. Justice Brian Preston invited all of us to become ‘climate conscious’ lawyers,[4] and that means understanding the way in which law empowers us, or limits us, in protecting ourselves and the world around us from the existential threat of climate change. Water law is an essential pathway to climate conscious lawyering.

Truth-telling and the myth of aqua nullius [5] Since the Mabo decision, Australians have increasingly recognised that terra nullius (the myth that when the British invaded, the land was empty and belonged to no one) was an unjust foundation on which to build a colony and a country.

However, there has been no corresponding legal acknowledgement of the myth of [6] aqua nullius.

Every state and territory water statute is built on the assumption that the right to control the flow of water is vested in the Crown, and this is the illegitimate foundation on which all water law rests. As settler Australia moves forward on our long-overdue journey to acknowledge unceded Indigenous sovereignty, we have to tell the truth about water law. First Nations have never ceded their rights to lands or waters, and water may play a significant role in future treaties between the settler state and First Nations.

Water law goes mainstream Water law is no longer merely a niche, technocratic field of law that focuses on the exercise of power by Ministers (or their delegates) to allocate and govern water resources.

Water law is the way in which we shape and govern our relationship with water, a relationship that we cannot live without.

Image of Birrarung by Dr Erin O'Donnell

Footnotes [1] Seed Mob, Water is Life: National Call to Action <https://www.seedmob.org.au/waterislife>

Rivers with a right to life All around the world, as well as here in Australia, rivers, lakes and wetlands are being recognised as living entities, legal persons, and legal rights holders. A river in Aoteaora New Zealand could take you to court. A river in Melbourne requires public agencies to acknowledge it as a living entity.

The transnational movement to recognise the personhood of rivers is transforming the foundations of settler state legal frameworks. Water law has been founded on the premise that water is a resource over which we have dominion, and living rivers are challenging that idea on a profound level.

[2] Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 (Vic).

[3] Erin O’Donnell and Kirsty Howey, ‘Time to Speak up: Water Apartheid Is Australia’s Dirty Secret’, Canberra Times (Canberra, ACT, online) <https://www.canberratimes.com.au/story/7 804335/time-to-speak-up-waterapartheid-is-australias-dirty-secret/>.

[4] Brian Preston, ‘Climate Conscious Lawyering’ (2021) 95(1) Australian Law Journal 51.

[5] Mabo and Others v Queensland (No. 2) (1992) 175 CLR 1 [6] Virginia Marshall, Overturning Aqua Nullius: Securing Aboriginal Water Rights (Aboriginal Studies Press, 2017).

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JEREMY KING: HUMAN RIGHTS IN PERSONAL INJURY AND POLICE MISCONDUCT PRACTICE Jeremy King in conversation with Megan Sanidad

Passionate human rights advocate Jeremy King is a lawyer and Accredited Specialist in Personal Injury Law from the Law Institute of Victoria.

He spoke to us about his experiences as both a personal injury and police misconduct lawyer and provided useful advice to students aiming to enter similar areas of law.

I’ve worked on a few high-profile cases, including Dani Laidley, which involved the police taking photos of Dani while she was in custody and leaking those photos; Nik Dimopoulos, who suffered injuries when police raided his apartment and bookshelf; Eathan Cruse, a young Aboriginal man who suffered injuries when police raided his family home and restrained and assaulted him; and Chris Karadaglis, who became a quadriplegic after police put him in a headlock and caused injuries to his spine.

Those are some of the bigger cases I’ve been involved in. I think that when you’re doing that type of litigation, it’s very challenging – you’re up against the Victoria Police and State of Victoria. You have to make sure that whenever you’re suing Victoria Police, that you have a mindset of being willing to keep pushing on and fighting hard in order to make sure you get the best result for your client.

I started off doing injury law – work cover claims, TAC claims – which I still do now, but I took a bit of a break earlier in my career and did my Masters in Natural Human Rights Law at Utrecht University in the Netherlands. Following that, I had a pretty big interest in tort law and human rights law – and one of the areas where those two things intersect is police litigation. It was a nice mix for me in terms of being able to do some human rights work and social justice cases and being able to apply the knowledge that I used in injury law cases as well.

“I’ve been in the legal profession for 16 years and I’m currently a Principal at Robinson Gill Lawyers, where I head up 2 areas of law – the injury law team as a whole and the police accountability team. I do litigation work against Victoria Police for what we call ‘police torts’, which tend to be things like assault, battery, false imprisonment, misfeasance in public office, and in some cases, negligence claims.

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Advice for students: Law is very broad and there’s many different areas you can get involved in, so I think that doing study and developing that specialised knowledge is a really great way of finding out, (1): what you’re interested in, and (2): being able to practice in that area a bit more easily once you get into it.

That’s always sort of what I wanted – to really do something that can potentially have a meaningful impact on society and address wrongs that have been visited upon vulnerable, disadvantaged members of the community.

My other advice would be for law students to get into court – if you’re aware of a good case that’s currently happening, go and watch it.

Watching barristers crossing down witnesses, seeing how evidence can shape legal arguments, and seeing how judges and juries deal with those cases is invaluable and brings to life the principles that are discussed in class.”

Human rights law is amazing. It’s extremely valuable and important, but it’s a tricky area to get into, and sometimes you have to find a backdoor entry. That’s how I managed to get into police torts. I think the best thing you can do it to read widely on it – obviously study hard at university, but really sink your teeth into it and even do some further studies such as a Masters so that you have specialised knowledge.

Any volunteer work you can do with any organisation that does human rights work is invaluable, because it’s a pretty difficult and competitive sphere to get into. Any way you can build your experience and knowledge in that area is something you should be doing, and that can be anything from volunteering at a community legal centre to getting involved with the Human Rights Law Centre to writing an article for a journal relating to human rights law. Whatever it may be, building up that knowledge and experience to be able to get your foot in the door is critical.

Practicing law and studying law are two very different things.

Unfortunately, when I was at law school, there wasn’t really a focus on practical applications of human rights law and all sorts of types of strategic litigation.

There’s also the inspirational side of it as well, knowing that every day there are people out there using the law for change and that sort of aspect of it is really important.

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In a criminology seminar talking a bo ut t h e p s yc h o l o g y o f th e overwhelming Bunnings layout and my seminar leader said ‘who needs that m a n y n u t s ? !’

Law students are rather prone to delirious ramblings. Here are some of the best overheard around Deakin this trimester...

HEAR SAY

w a l e h t f l a h ’ d r e e d b n m e e t t m a e I r s t l ’ l n ba o I‘ d

Overheard in a constitutional law class: ‘I’m not a religious sch olar, but-’

y M ‘ : e n i l y t i r u c e s s ta n a Q e h e t h t n i t d a a h t e h s r say Ove e h d n a n w a a c l s e i m d e u th n i s son st n o s i o p l a g r e i l l e i h t e v n i a h f uf t s t a h t vaccines t pu e l p o e p e v e i l e b u yo 26 bodies?!’

October 2022