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Adelaide Law School Quarterly Newsletter Issue 7, 2 October 2012

INSIDE THIS ISSUE 1

Professor Bill Cornish welcomed

2

Winners of Photographic competition announced

Professor Bill Cornish welcomed by Adelaide Law School

New Sponsors

3

Marital rape appeal Public Law Internship

4

Intellectual Property Conference

5

Advanced Medical Law conference James Krumrey-Quinn wins Essay prize Law Librarian Peter Jacobs, Professor Bill Cornish and Associate Professor Melissa de Zwart

6

Australian Insolvency Law book launched Personal Properties Securities Act

7

Peer Mentoring Expert evidence

8

Environmental Law Our PhD Students

Contact Information Adelaide Law School Newsletter The University of Adelaide South Australia 5005 Contact: Kerrin Maratos T: 08 8313 1227 F: 08 8313 4344 E: kerrin.maratos@adelaide.edu.au CRICOS Provider Number 00123M

On the evening of Thursday, 12 July a group comprising Law School academics, the DVCR (Mike Brooks) and the DVCA (Pascale Quester), several Federal Court judges and legal practitioners in the field of intellectual property, Law Library staff, and interstate visitors here for the Australasian Intellectual Property Conference, met in the Moot Court. The purpose of the occasion was two-fold. First, to honour Professor Bill Cornish, an alumnus of this Law School, whose research and teaching career as Professor at the London School of Economics and at Cambridge University mark him as a leader in the fields of intellectual property, modern English legal history, and restitution. Associate Professor Melissa de Zwart introduced Professor Cornish and highlighted the outstanding elements of his work. The occasion was also arranged to thank Professor Cornish, now retired, for a very

generous gift he made to the Law Library in 2011. Peter Jacobs, Law Librarian, told those present just what this gift represented, the equivalent to 70% of the Law Libraryâ€&#x;s annual book-buying budget. The impact of this generosity is that the Library has been able to purchase major works in several fields, books whose cost would have otherwise been prohibitive, and thus to raise the standard of its collection for students and researchers. Professor Cornish was pleasantly surprised at the significance of his donation, and went on to recall his enjoyment being a law student here, and the very different world it was — with only 20 students in his undergraduate group. The gathering then enjoyed some refreshments, and the chance to meet Professor Cornish and his wife Mrs Lovedy Cornish. During his visit Professor Cornish also gave the plenary address before the recent Australasian Intellectual Property Conference held in Adelaide. See article page 4.


Adelaide Law School Newsletter - Issue 7, 2 October 2012

Inaugural Adelaide Law School Photographic Competition winners for 2012 The University of Adelaide Law School in conjunction with Art and Heritage Collections are proud to announce the winners of the inaugural „Images of Justice‟ photographic competition for 2012. Entrants were invited to explore the broad theme of „Images of Justice‟. The competition had three categories: Students (Secondary and Tertiary), Community and Professional Photographers. First prize for each category was $1000.T he competiti on‟s principal sponsor was Lipman Karas. The judging panel consisted of Justice Tim Stanley (Supreme Court of South Australia), Mike Burton (The Adelaide Advert iser ), Jacqui W ay, Professional Photographer and Paul Atkins, Atkins Technicolour. Each work was judged on its creative interpretation of „justice‟. Winners were announced at a function on 7 September at the University of Adelaide. Further information and other prize winners can be found at: http:// www. l aw. adel ai de. edu.au/ images-of-justice/

STUDENT PRIZE WINNER (Above) Name: Sarah Ahern TITLE: Justice in the flux DESCRIPTION: Justitia, the Roman goddess of justice, is traditionally depicted as sitting physically above the ebb and flow of human life, blindfolded for impartiality. This photo depicts Justitia in the middle of the overwhelming rush that is typical of modern life, with her blindfold removed, cautiously observing the flux. It is designed to suggest that justice does not operate with blind objectivity above the realities of life, but instead must negotiate the tangled complexities with which it is faced on a daily basis.

COMMUNITY PRIZE WINNER (Above) Name: Michael Coper TITLE: Justice above all DESCRIPTION: Internal roof of the Supreme Court of Argentina, Buenos Aires.

PROFESSIONAL PRIZE WINNER (Below) Name: Randy Larcombe TITLE: Doing her work while we go about ours DESCRIPTION: When developing the concept for these images, I kept thinking about the role that the law plays in our lives which we often overlook. I wanted to show that the law is all around us, endeavouring to keep our society ordered and safe. Lady Justice is the symbolic representation of the moral code behind the law. Her objectivity is without question, making sure that the law is written and delivered without prejudice. While many people may feel they have little to do with her directly, it doesn't diminish in anyway the impact that she, and everything she represents, has on our lives.

Adelaide Law School thanks new sponsors of prizes The following are established in 2012: 

new

prizes

 

T he W om en Lawyers' Association of South Australia Prize for Anti-Discrimination Law The NG Rochow SC Prize for Law and Religion

ISSUE 7, 2 October 2012

The Kelly and Co. Prize for Excellence in Media Law Pri ze f or Out stan di ng Academic Achievement and Contribution to the Community by an Aboriginal or Torres Strait Islander Law Student sponsored by the Turnbull Family.

A complete list of the Adelaide Law School prizes can be found at: http:// www.law.adelaide.edu.au/about/ sponsors/

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Adelaide Law School Newsletter - Issue 7, 2 October 2012

Adelaide Law School academic Kellie Toole considers the High Court ‘Marital Rape’ appeal alternatively, that if it ever existed it ceased to exist by 1963. The latter argument succeeded. Adelaide Law School Associate Lecturer, Kellie Toole, was interviewed on the ABC news and Radio National‟s „PM‟ regarding the High Court judgment. On 30 May 2012, the High Court delivered judgment on an appeal from the South Australian Supreme Court case of P, GA. The accused is facing prosecution for allegedly raping his wife in 1963. The defendant argued that an immunity existed in 1963 that prevented a man being convicted of the rape of his wife, and so he cannot be convicted of the offence. The prosecution argued that the immunity never existed, and,

Ms Toole says, “there is abundant evidence in case law and scholarship that a marital rape immunity did exist in 1963. Its foundations in the 18th century are shaky but that does not negate that lawyers, judges and police proceeded for centuries on the understanding that it existed”.

left doubt situation.

about

the

pre-1976

According to Ms Toole, “the principle against retrospective application of law is fundamental. To prosecute Mr P according to modern law, for conduct that was lawful at the time, breaches his human rights.” Following the High Court decision, Mr P will face trial unless he can argue that the delay between the alleged conduct and the trial is grounds for a stay of proceedings. Kellie‟s interview is available at http://www.abc.net.au/pm/ content/2012/s3514690.htm.

Legislation enacted in South Australia in 1976 clarified that a marital rape immunity was not part of the law from then onward, but

Former Students’ experience of the Public Law Internship Former Adelaide Law School student, Thea Richardson, talks about her recent internship experience and opportunities. The Public Law Internship, an elective undergraduate course offered by Adelaide Law School since 2009, is a unique opportunity for students, such as myself, to spend a semester working in a public law institution. During 2012 I undertook an internship with the Ombudsman SA. Not only was the internship one of the most academically and personally rewarding experiences of my law degree, it also helped me secure a place in a federal government graduate programme in Canberra for 2013. Working at the Ombudsman SA I gained skills and experiences that were invaluable to my graduate applications and interviews. The professional communication skills I gained from the internship helped me to present myself as a strong candidate f or the graduate ISSUE 7, 2 October 2012

Ombudsman Richard Bingham, Ombudsman Megan Philpot

programme and the wide variety of work I was given gave me numerous examples to draw upon when addressing selection criteria. But, most importantly, working wi t hi n t he wel com i ng and supportive environment of the Ombudsman‟s office I gained confidence in myself and my abilities. Knowing that I could make a meaningful contribution to a professional office gave me conf idence in my graduate programme applications and

Thea

Richardson

and

Deputy

interviews. With this professional work experience under my belt I feel well prepared to succeed in my new workplace. Furthermore, the unique insight into government integrity and accountability I have gained from my internship with the Ombudsman SA will be invaluable to my imminent career in the public service and in Public Law. I thank the Adelaide Law School and the Ombudsman SA for providing students with such a wonderful opportunity. Page 3


Adelaide Law School Newsletter - Issue 7, 2 October 2012

Australasian Intellectual Property hosted by Adelaide Law School Adelaide Law School hosted the 2012 Australasian Intellectual Property Academics Conference on the 13 14 July at the National Wine Centre. The conference was opened with a special presentation by Emeritus Professor Bill Cornish who spoke about the trade practices implications of several major intellectual property cases being litigated in Europe, including the Microsoft litigation, in which Professor Cornish was a special adviser. Other topics covered at the Conference included: patenting of pharmaceutical inventions, counterfeiting and terrorism; public domain rights in copyright; internet service provider liability for copyright infringement, and the meaning of the quotation exception in copyright. The IP Academics Conference is held every eighteen months, rotating around Australia and New Zealand, and is a wonderful opportunity for Intellectual Property academics to get together to discuss teaching and research initiatives and new developments. It is also a wonderful opportunity for younger academics to get to meet „luminaries‟ of the intellectual property area, such as Professor Sam Ricketson, Professor Brad Sherman, Professor Michael Blakeney and Professor Jill McKeough and of course this year there was the added bonus of the visit from Professor Cornish. This was the first time that Adelaide had played host to the Conference. The prize for the best conference paper was won by Dr Amanda Scardamaglia, Swinburne University of Technology, for her paper: „The Colonial Trade Mark Regime: Opening up the Australian Archives on Colonial Trade Mark Registrations‟. The prize was sponsored by Thomson Reuters and the Australian Intellectual Property Journal.

Conference

conference, including positive comments regarding the delights of Adelaide (despite the dismal winter weather) and the Wine Centre venue. The conveners would like to thank Moira Groves, Sarah Vujicic and Cheryl Chapman with their help in organising the conference.

Conference organisers: Dr Judith Bannister, Associate Professor Melissa de Zwart and Mr Nigel Wilson

Professor Jill McKeough (ALRC Commissioner)

Associate Professor David Brennan, Melbourne Law School, and Prof Bill Cornish

The conference held a special panel on the current Australian Law Reform Commission reference on Copyright in the Digital Environment. Kate Bond, University of New South Wales, illustrated her presentation with various popular internet „memes‟; David Brennan, Melbourne Law School, canvassed the issues arising from orphan works; and Associate Professor Melissa de Zwart, Adelaide Law School, discussed the relationship between Lawrence of Arabia and Prometheus. This opened the way for a lively discussion and question and answer session chaired by Professor Jill McKeough, the ALRC Commissioner. Several members of the ALRC were present and outcomes from this session will be fed into the ALRC review process. Conference conveners Associate Professor Melissa de Zwart, Dr Judith Bannister and Mr Nigel Wilson, of Adelaide Law School were very pleased with the enthusiastic response from delegates regarding the ISSUE 7, 2 October 2012

Delegates at the IP Academics Conference

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Adelaide Law School Newsletter - Issue 7, 2 October 2012

Advanced Medical Law Conference hosted by Adelaide Law School and the Law Society of S.A The Adelaide Law School, in conjunction with the Law Society of South Australia, recently conducted a highly successful Advanced Medical Law Conference. The conference took place on Thursday 26 July and had over 80 participants. Dr Bernadette Richards, Senior Lecturer from Adelaide Law School, was instrumental in setting up and running the conference and was able to draw together a diverse and interesting collection of speakers. The day began with a

presentation by the highly regarded Professor Loane Skene from the University of Melbourne. This presentation set the tone for the day, raising interesting points about the potential for proprietary i nt ere st s i n hum an bodi l y material. Other presentations were by Dr John Brayley (Public Adv ocate), Jeremy Moore (Guardianship Board), Dr Dominc Wilkinson (Associate Professor of neonatal medicine and bioethics University of Adelaide) and Ms Kat hy W illiam s f rom t he Department of Health. Adelaide

Law School had a significant presence during the conference with Dr Bernadett e Richards co ordinating and Professor John Williams and Associate Professor Christopher Symes both chairing some sessions. The conference concluded with a lively ethical debate which clearly reflected the engaging and, at times, controversial, nature of the law and its intersection with medicine and ethics. Overall, the conference was a great success.

Adelaide Law School Graduate wins Essay Prize after completing Human Rights Internship Programme Congratulations to Adelaide Law School graduate James Krumrey-Quinn who has won the Law Foundation of South Australia‟s 2012 Law and Justice Essay Prize. James‟ essay was inspired by his two-month internship with the Commonwealth Human Rights Initiative (CHRI) in Ghana, which he completed as part of the Adelaide Law School‟s Human Rights Internship Programme.

James aspires to a career in domestic or international criminal law. He is currently pursuing this latter interest by undertaking his second internship, this time with the Office of the Prosecution at the International Criminal Tribunal for the former Yugoslavia in the Hague. Adelaide Law School congratulates James on his achievement, and looks forward to hearing the results of his current internship.

During his time with the CHRI James was involved in the organisation‟s Access to Justice Programme and for this purpose he made periodic visits to the Nima police station in Accra and handled the cases of 32 detainees. James researched the human rights implications of indigent offenders and the use of alternative dispute resolution (ADR) in Ghana's criminal justice system. At times this process involved the Ghana police bringing together victim and offender and arriving at a solution, often financial in nature, which would result in the police withdrawing its prosecution. These observations spurred James to question the role of ADR in the domestic criminal justice system as well as questioning the extent to which it ought to be protected under international human rights law (IHRL). In his prize-winning essay he argues that ADR is another manner in which justice in the criminal justice system can be achieved, as distinct from the very formal courtbased system. He argues that IHRL should recognise access to this more informal system through the creation of an 'access to justice' right. ISSUE 7, 2 October 2012

Photo of James with colleagues at the CHRI, Ghana.

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Adelaide Law School Newsletter - Issue 7, 2 October 2012

Launch of ‘Australian Insolvency Law’ The second edition of „Australian Insolvency Law‟ was released in June 2012. The book is coauthored by Adelaide Law School‟s Associate Professor Christopher Symes and was written to be used as a text for the study of undergraduate insolvency law. T hi s b o o k p r ov i d e s a n understanding of all the necessary concepts of insolvency law and provides student assistance to learning with end of chapter questions, examiner‟s tips and suggestions for further reading. A review of the first edition noted that it was a „well written text‟, „timely‟ and „useful to barristers in practice‟ so the second edition following three years later strives to provide a clear and concise analysis to be used by students (and others with a more advanced legal standing) who require the basic framework of personal and corporate insolvency law.

Associate Professor David Brown is a contributor to the book providing a chapter on Cross Border Insolvency. Recently Oxford University Press in the UK introduced the Oxford International and Comparative Insolvency Law series with the first title the Commencement of Insolvency Proceedings. Associate Professor Symes contributed a chapter entitled „National Report of Australia‟ providing a thorough, comparative analysis of existing domestic i nsolv ency laws concerning the opening of insolvency proceedings in twenty of the main economically developed and emerging countries. Associate Professor Symes is now completing a chapter for the second title in this series the T reatment of Cont ract s in Insolvency.

New book „Australian Insolvency Law‟ by Associate Professor Christopher Symes and Associate Professor John Duns.

Leading the way in Personal Properties Security The Personal Properties Securities Act 2009, a radical piece of commercial legislation affecting commercial and financial law, propert y l aw, banki ng and insolvency, came into force on 30 January 2012. Associate Professor David Brown has been busy explaining and analysing its impact. After returning from four months teaching and writing about it at the University of Toronto earlier this year (since Australia's new law was largely based on Canadian models), Associate Professor Brown has finished co-authoring a book on the new law for LexisNexis, „Australian Personal Property Securities Law‟ which is due out in October 2012. In addition, Associate Professor Brown was the keynote speaker at a two-day conference on 28-29 August at the Hilton on the Park,

ISSUE 7, 2 October 2012

Melbourne, and on 30 August gave one of our CPD Breakfast series talks on the subject, 'Taking Stock: PPSA Six Months On'. On 20-21 February 2013 the Bankruptcy and Insolvency Law Scholarship Unit (BILS) at Adelaide Law School will be hosting an i nt ernational conf erence on Personal Property Securities Law at the Adelaide Festival Centre, with a conference dinner at the National Wine Centre. The Keynote Speaker will be Professor Sir Roy Goode CBE QC, University of Oxford, a long-standing advocate of law reform in this area, and there will be other speakers from Canada, US, New Zealand, UK and of course Australia. For details of the Programme, please see Adelaide Law School Events web p a g e h t t p : / / www.law.adelaide.edu.au/events/

or contact d.brown@adelaide.edu.au

Associate Professor David Brown

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Adelaide Law School Newsletter - Issue 7, 2 October 2012

‘Eagles’ Peer Mentors thanked by Vice Chancellor

The Eagles who attended the Ceremony: Front row: Kostas Trakas, Hamish De Silva, Leah Rijken, David Zhang, Richard Sletvold; Back row: Katie Aust, Emily Fantin, Cassandra Hodzic, Samuel Lehman, Bao‐Loc Nguyen, Han Jiang (photo by Candice Lo)

Adelaide Law School runs a peer mentoring scheme for its first year students. Twenty Eagles Peer Mentors were recently recognised for excellence in student leadership and mentoring at a ceremony in Bonython Hall on Thursday, 31 May. The ceremony was opened by the General Manager, Student Services and Administration, Mr Dave Lamb and the former Vice Chancellor, Professor James McWha presented certificates of leadership to those involved with various programmes, including the Eagles Mentors.

the largest mentoring programmes established within the University to support first year students during their transition into tertiary studies. The Eagles for 2012 were: Katie Aust, Angela Batsakis, Minh Bui, Angela Chan, Hamish De Silva, Emily Fantin, Cassandra Hodzic, Louise Jansen, Han Jiang, Samuel Lehman, Angela Li, Rebecca Martin, Bao‐Loc Nguyen, Raffaele Piccolo, Leah Rijken, Richard Sletvold, Jimmy Taing, Konstantinos Trakas, Alice Wharldall and David Zhang. Adelaide Law School wish to join the University in thanking them for their valuable contribution to our School.

With twenty mentors, the Eagles programme is one of

Expert Evidence in the Digital Age Adelaide Law School Senior Lecturer Nigel Wilson was a keynote speaker at the 2012 Conference of the Association for Digital Forensics, Security and Law in Richmond, Virginia, USA. Nigel‟s presentation focused on the importance of effective communication in relation to both the admissibility and persuasiveness of expert opinion in the Digital Age and the need for admissible expert evidence to meet the criteria of specialised knowledge, the identification and proof of assumptions and the provision of a statement of reasoning by the expert. Nigel‟s presentation focused on the challenges posed by each of those criteria in technology, security and digital information matters, both criminal and civil, due to the “leading-edge” nature of expertise in those fields, the characteristics of digital evidence and the use of comple ISSUE 7, 2 October 2012

complex, technical language and concepts. Nigel is the Course Co-ordinator of the undergraduate „Evidence and Proof in Theory and Practice‟ course and both the „Technology, Law and Society‟ and the „Insurance Law‟ courses in the Adelaide Law School Masters Programme. He is also Special Counsel (Legal and Regulatory) of the University of Adelaide‟s Convergent Communications Research Group and the Co-Director, with Associate Professor Melissa de Zwart of the Adelaide Law School‟s Technology Regulation and Information Policy Research Group. Further information about Nigel Wilson can be found at: http://www.adelaide.edu.au/directory/nigel.wilson

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Adelaide Law School Newsletter - Issue 7, 2 October 2012

Adelaide Law School’s expertise in Environmental Jurisprudence reaches an international audience In June Adelaide Law School Academic Dr Peter Burdon presented hi s research on Environmental Jurisprudence at two international conferences. From 14-15 June Dr Burdon was one of three keynote speakers at a workshop entitled „Human Rights and the Environment: In Search of a New Relationship‟ at the International Institute for the Sociology of Law in Oñati, Spain. The Institute is funded entirely by the Basque government and is the only international establishment that is entirely devoted to teaching and promoting the sociology of law. Dr Burdon‟s paper focused on the task of developing a jurisprudence that captures the dual concerns for the protection of human and environmental rights. Hart Press will publish the paper in an edited volume. Following this, from 18-24 June Dr Burdon presented at a conference organised by the Global Ecological Integrity Group in La Rochelle,

Conference attendees at Oñati, Spain

France. The conference was entitled „Confronting Collapse: What Agencies, Institutions and Strategies Are Needed for a Better W orld? How t o Achiev e Environmental Justice?‟

Democracy and looked at the tension between state capitalism, democracy and environmental sustainability. Cambridge Scholars Press will publish the paper in an edited volume.

Dr Burdon presented a paper on the emerging project of Earth

Our PhD students report on ‘Writing Retreat’ On 18 July 2012, Adelaide Law School‟s PhD candidates took part in a one-day „Writing Retreat‟ at the Norton Summit Scenic Hotel. The event was an opportunity for the cohort to discuss and reflect upon the process of writing a PhD thesis. In the morning three academics from Adelaide Law School kindly took the time to speak to the group. Dr Laura Grenfell and Dr Peter Burdon shared their own PhD experiences, while Professor Ngaire Naffine spoke about the characteristics of good work from the examiner‟s perspective. This was a most enjoyable, productive and inspiring day. The insights of the guest speakers were extremely informative and encouraging. The PhD candidates thank Adelaide Law School, particularly Professor John Williams and Moira Groves, for making this event possible. ISSUE 7, 2 October 2012

Attendees at the PhD Writing retreat: L-R: Vanessa White, Anna Olijnyk, Mark Bruerton, Samaneh Hassanli, Paul Leadbeter, Mark Giancaspro, Adam Webster and Manuel Solis. Not pictured: Renae Leverenz

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Adelaide Law School Newsletter - October 2012