Carpe Diem
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Acknowledgements
The Murdoch Student Law Society would like to thank and acknowledge a few people who have made the creation of Carpe Diem possible.
Riley Mercer, for his work in creating and editing Carpe Diem. Pardis Maghami, Bri Morrow and Marc De Ronchi, for their work in creating pictures and advertisements. The Editing Committee, for their work in editing the publication. Fiona Peters, for her liaison with staff members. Jürgen Bröhmer, for taking the time to write an address. And of course, everyone who submitted an article for the publication. For without them, Carpe Diem wouldn’t be much of a read at all.
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Carpe Diem Acknowledgements........................................................................................................................................ 0 The Dean’s Note .............................................................................................................................................. 2 Competition Winners ..................................................................................................................................... 3 Lecturer of the Year ........................................................................................................................................ 4 Committee Reports ......................................................................................................................................... 5 Scholarly Articles ............................................................................................................................................ 16 Words From The Bench ................................................................................................................................. 30 General Interests............................................................................................................................................ 46 Bush Court Times ............................................................................................................................................ 63 The Anthology ................................................................................................................................................ 68 Adriana’s Wild Photo Guide ALSA .............................................................................................................. 69
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The Dean’s Note
The Dean’s Note Our Murdoch Student Law Society is picking up a project which its predecessors had started some time ago – Carpe Diem, a magazine of Murdoch Law Students for the Murdoch Law School community. I can only commend our MSLS for this great idea. Those students whom I have had the pleasure to work and discuss Law School matters with, know that it is an obsession of mine to maintain and develop Murdoch Law School as an academic community. An academic community is much more than just units with lectures and tutorials. In the world how it should be the university in general and a law school in particular provide a forum for learning and, yes, unit lectures and tutorials are part of such a forum as well. But it consists of much more. There are seminars, competitions, study groups. There is discussion about law and the world, informal communication between students and between students and staff. There are social events of all sorts. In short, in the best of worlds the Law School (and the University by extension) are a fun place to be and academically challenging on top of that. In the best of worlds the time spent in the Law School will provide the material for many stories to be told to friends, children and grandchildren in the years to come. The trend, however, is going in another direction. University study is sometimes viewed as an experience not entirely unlike shopping at a consumer goods retailer. Enter, buy product, exit, possibly without even leaving the living room. As far as I am concerned that is not the same.
do with particular lectures in a particular subject even though I had many good ones. I realize that not all students have the ability to be a main protagonist in such an academic community. Times are tough. Many have to work and work many hours to make ends meet. Not least there is a challenging curriculum. But almost every student can contribute something to this community. And if it is only having a cuppa every now and then at our Café. Here at Murdoch we are very fortunate that we still have many students who go the extra mile to help build our Community. At the forefront is our MSLS. From the Law Ball to career day, from the many competitions to a range of other events and activities, our students are at the centre of our academic community not only as benefactors but especially as event organizers and managers. Carpe Diem will add another colourful mosaic piece to our Community. I can only urge all our students to go out and engage. In whatever form you like. Get involved, share your views. This Law School is your academic home. John F. Kennedy famously asked Americans not to ask what the country can do for them but what they can do for the country. I would alter that a little bit. Do ask what the Law School can and does do for you but also ask what you can do for the Law School! One answer could be to contribute to Carpe Diem! Jürgen Bröhmer Dean and Professor of Law
I have many very fond memories about my time at Law School and few of them have to 2
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Competition Winners
Competition Winners The Competitions Portfolio had an exciting first semester in 2015, packing a total of six competitions into a busy first half of the year. Over every single one of them, there was a very high standard of competition, matched only by the excellent atmosphere at the grand final rounds. This was thanks in equal parts to the firms, for lending their office space for the night, as well as the audiences that turned up to watch the best that the competitions had to offer. Ashurst Senior Trial Advocacy The first competition to be wrapped up in the first semester was the highly contested Ashurst Senior Trial Advocacy Competition. In the competition’s culmination, which was very highly attended at the Ashurst office, Jack Montgomery put on an impressive display, emerging victorious. Corrs Chambers Westgarth Junior Trial Advocacy The Junior cousin of the Senior Competition, sponsored by Corrs Chambers Westgarth, had a similarly high standard of competition. Run exclusively for first year students as an introduction to the trial advocacy style of competition, the competition represented a challenging, if exciting, introduction to competitions for many of the first year students. Congratulations to Huan Vu for winning this year’s competition. Herbert Smith Freehills Senior Mooting The Herbert Smith Freehills Senior Mooting Competition proved to be a challenging competition, with mooters of many backgrounds and levels of experience
participating. The final round was judged at the Supreme Court, by a bench that included Chief Justice Wayne Martin. Congratulations to Georgia Cain, who was this year’s winner. Allens Senior Client Interview The Allens Senior Client Interview Competition provides a different experience to many of the other competitions in semester one as one of the only competitions not based on advocacy skills. The grand final at the Allens office saw Emily Bell & Edward Love taking victory in a close, hard-fought contest. Paper Presentation The Paper Presentation competition yet again highlighted sides to the law that many won’t necessarily come into contact with, as competitors gave presentations to accompany their papers on the same topic. The winner of the competition was Christian Payne, who gave a presentation on the attribution of cyber-attacks at international law. Jones Day Interlaw Trial Advocacy The Jones Day Interlaw Trial Advocacy Competition represents a new initiative between the four law school societies in the state. Spear-headed by MSLS, the competition is aimed at giving the best trial advocates from each university the ability to compete against each other. MSLS’ representative, Jack Montgomery, made it to the grand final at the Federal Court, but unfortunately could not prevail against strong opposition from UWA.
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Lecturer of the Year
Lecturer of the Year Congratulations to Lorraine Finlay who was 2014’s lecturer of the year. One of the kindest, most passionate and scariest lecturers ever to grace the halls of our law school. Lorraine is known by the majority of students for her caring and committed approach to lecturing and teaching. Lorraine currently lectures in Constitutional Law and criminal law and teaches as part of the International Human Rights Law Program in Geneva. Somehow she does this along with coordinating the Moot Court Bench and is often found helping many of our international mooting teams. Lorraine earned this award for her kind hearted nature towards law students, her willingness to offer help to anybody needing it and her ability to instil fear in anybody disturbing her mooters. Lorraine is an eloquent lecturer and a brilliant legal mind with near unrivalled passion for anything she sets her sights on. Lorraine has a firm grounding in criminal law as she practiced as a State Prosecutor for Western Australia before gracing the Murdoch halls with her presence in 2010. She has deserved and won many awards while presiding as chief moot whip cracker and all her MCB students continue to do well. Lorraine is a real hero of Murdoch Law and she constantly impresses law students, many mooting success stories lay at the feet of Lorraine. She’s lovely and brilliant (provided you’re not trying to interrupt her or her mooters). Lorraine was and still is greatly deserving of this award, we hope her assistance around the law school continues for many years to come.
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Committee Reports
Committee Reports
COMMITTEE REPORTS
The Presidential Address ..................................................................................................... 6 Education and Careers Vice-President’s Report ............................................................ 7 Competition Vice-President’s Report ............................................................................... 9 Socials Vice-President’s Report ........................................................................................ 11 Treasurer’s Report .............................................................................................................. 12 Secretary’s Report ............................................................................................................. 13 Café Manager’s Report .................................................................................................... 13
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Committee Reports
The Presidential Address Fellow Murdochians, It is my very great pleasure to introduce you to the 2015 first semester edition of Carpe Diem! This premier publication is the Murdoch Student Law Society’s bi-annual journal covering our year’s events, competitions, seminars, social justice initiatives, and various other escapades. The Murdoch Student Law Society (MSLS) is a student-run organisation that aims to represent and serve the interests of its membership base, made up of approximately 400 law, legal studies, criminology, and business law students, along with the School of Law at large. The MSLS committee of around 20 current students does this by consistently organising and coordinating various social, sporting, competitive, educational, and social justice events. The majority of the work that MSLS does covers the university experience outside of the classroom and textbooks, and MSLS aims to be as welcoming and inclusive as possible to ensure that your experience at Murdoch University is as fulfilling as possible. 2015 marks the 26th anniversary of the Murdoch Student Law Society. I am pleased to announce that this year we have returned to business as usual after last year’s tumultuous quarter quell (may the odds be ever in your favour). Business as usual for MSLS involves, to be frank, an excessively over-packed calendar. The second half of April for example boasted 12 competition rounds, 2 inter-faculty sporting events and 3 clerkship preparation seminars, all within 3 weeks.
competition rounds, from our facilitation of the Murdoch law school Nepal fundraiser to the Law Café’s Biggest Morning Tea, and many others. Along with the traditional MSLS events such as our corporate careers day and highlyanticipated Law Ball, MSLS has also greatly increased our inter-faculty and inter-varsity events this semester with the introduction of a brand new inter-law trial advocacy competition and the largest and most successful Perth Law Careers Fair being run this year in conjunction with UWA, Notre Dame, Curtin, and ECU. We have also been rather soundly and repeatedly defeated (much to the dismay of our Socials and Sporting VicePresident) in the various inter-faculty sporting games we have played this semester such as mud volleyball and netball. The first sixth months of this year has been the most incredible and challenging experience of my life and I am looking forward to everything semester two of this year will bring. I hope everyone enjoyed semester one of 2015 as much as I did. Carpe Diem! Andy Hunter President
Since November of last year, I have had the great privilege of acting as the President of MSLS, from sponsorship meetings t representing the university at the July ALSA conference and everything in between. This year I have overseen a wide range of triedand-tested and novel initiatives benefitting students come into effect from new sporting jerseys to vastly improved catering at all 6
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Committee Reports
Education and Careers Vice-President I have been asked to write an article for Carpe on the Education and Careers portfolio. Look ill be honest, this edition of Carpe is full of laughs, offensive humour, 100% politically incorrect content and banging jokes… you probably have a better chance of spotting Riley Mercer with an empty beer at an MSLS social than a decent joke in this article. Unfortunately, while writing this I came to terms with the fact that the Education and Careers portfolio is boring and not at all exciting. My portfolio peaks the level of excitement extreme in week six when I start throwing careers guides at people like an over enthusiastic Oprah Winfrey. Except everyone wants what Oprah’s giving and no one is hyped about a careers guide. But that’s okay, because I realised something… it’s the hero MSLS deserves, but not the one it needs right now. So students hunt it. Because it can take it. Because it’s not your hero. It’s a silent guardian, a watchful protector. A careers guide. Well, stealing a quote about batman is about as creative as I get. So without further ado I will give you a rundown of what happened in the Education and Careers portfolio during a giant first semester. The MSLS Corporate Careers Day, presented by The College of Law The MSLS Careers day was held on the 8th of April in the Herbert Smith Freehills Lecture Theatre during Murdoch’s first study break of the year. The day saw presentations from five premier law firms followed by The College of Law. Each firm presented on the topic of ‘What makes my firm different‘. Students heard from firm representatives that had completed clerkships and graduate programs from across a wide range of different workplaces. This was followed by a presentation from the College of Law giving
students valuable information on the practical legal training component, an essential step on your to do list if you plan on being admitted as a lawyer. The day was a success that saw the Murdoch students gain valuable insight into the corporate legal world including tips on the recruitment process.
The MSLS Career Guide and Careers Directory launch MSLS launched The Careers Guide & Directory on the morning of Corporate Careers Day. The launch saw the unveiling of two publications with different areas of focus. The Careers Guide, a publication to help students primarily with the application process. This including articles on CV & cover letter writing, interview techniques, information on clerkships, associateships, practical legal training and different practise areas of law. The Careers Directory, a publication consisting of an extensive list of organisations, workplaces and a comprehensive firm directory that caters for all students in law, legal studies, criminology and business law. The Directory also includes details outlining vacation work, graduate programs and contact details for all sorts of workplaces that cater any diverse range of students. These publications will be the
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greatest starting point for all students starting to build their careers. The MSLS Careers Guide and Careers Directory is available online at www.msls.asn.au under the Education and Careers portfolio.
2015 Perth Law Careers Fair Semester one saw the biggest event of the year for the careers team with the Perth Law Careers Fair being held at the Perth Convention and Exhibition Centre on the 12th of May. The event was a huge success and registered well over 150 Murdoch law students entering the fair within the first 45 minutes! Students had a chance to meet and speak with firm representatives from a diverse range of law firms and workplaces from around the state. Not only was it a great networking event, most students got to take full advantage of the free merchandise available and stock pile their stationary for the next 12 months.
The Boys manning the Directory Station
Career Skills Seminars Our Career Skills Seminars saw presentations from many top tier firms on topics including CV & Cover Letter Writing, Personal Branding and Interview Techniques. We saw good attendance at these events and hope students were able to take away valuable information that can help them now or on their future travels.
Enjoy the rest of your break! I look forward to seeing you all again second semester. Daniel Holmes Education and Careers Vice-President
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Committee Reports
Competition Vice-President’s Report The Competitions Portfolio has really excelled this year. The first competition to wrap up was the Ashurst Senior Trial Advocacy Competition. This was held at the Ashurst office in Perth and had an outstanding attendance of approximately 50 people. Jack Montgomery took out the round with phenomenal style.
The Corrs Chambers Westgarth Junior Trial Advocacy was next at the Federal Court. Huan Vu was the new talent discovered in our only first year competition this semester. The final competition to have finished is the Paper Presentation competition. Christian Payne won with his paper concerning the attribution of cyber-attacks at international law.
Jack Montgomery
The second competition was the Freehills Senior Mooting Competition, with the Chief Justice Wayne Martin presiding. Georgia Cain won the competition in a nail biter at the Supreme Court.
Christian Payne
The Allens Senior Client Interview competition was the only team competition run by the Society this semester. Emily Bell and Edward Love walked out with a convincing victory in a great end to semester one.
The Supreme Court of Western Australia
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Every competition had an outstanding attendance, having increased exponentially from previous years. This is a great indication of the improving culture in both the Murdoch Student Law Society and the Murdoch School of Law.
Committee Reports
to introduce yourself to the world of mooting in a friendly environment. We will also be working closely with the Blackstone Society to bring about the AMPLA Moot (Australian Mining and Petroleum Law Association). I would personally like to congratulate all the winners of each competition, as well as everyone who competed. It has been an extremely high calibre of competitions this semester and hopefully will continue for the rest of the year. I look forward to seeing everyone compete next semester. Joshua Richards Competitions Vice-President
There was a new competition initiative in Perth spearheaded by Murdoch. The Jones Day Interlaw Trial Advocacy Championship saw 4 representatives compete valiantly for the title of the Perth Trial Advocacy Champion! Jack Montgomery was the MSLS representative and he did us proud. Semester 2 presents a number of great opportunities. The Clayton Utz Negotiation competition is a partner competition open to all students, regardless of age or experience. It is a favourite at Murdoch and will fill up fast. The King & Wood Mallesons Junior Client Interview competition is the one all the first years are hanging out for. It is the same as our Senior Client Interview, but exclusive to first year competitors. The DLA Piper Novice Moot competition has returned for its second year after a successful first year. This moot is open to all students in their second year or above who have not been involved in mooting. This is a great way
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Committee Reports
Socials and Sporting Vice-President’s Report Ball
Theme Party
The MSLS 2015 Ball
Annual Ball is the most anticipated event of the entire MSLS social calendar. The Ball was held at the Hyatt on Friday 22nd May and included a 5-hour drinks package and 3 course meal. This year students walked down the red carpet, into a grand ball room filled with classy décor and cards to boot. This year’s call was Casino Royale and everyone looked sharp.
On the second of April at the Banks Reserve Pavilion in East Perth, MSLS hosted the 2015 Theme Party, the theme for the night being ‘Scary or Fairy’. The night was a huge success, with some decidedly imaginative costumes including Jigsaw, Cruella de Vil, and a varied assortment of fairies.
Sports 2015 saw the inaugural Inter Faculty Sports Competition between the Law, Vet expanded to include the Engineering and Chiropractic schools. The first event was the Mud Volleyball which saw teams throws themselves into the deep end (literally) to seize victory. Traditionally it is a filthy affair and this year was no different. The second sporting even run was interfaculty netball. Once again all four faculties came together and battled it out with vet coming out on top. 11
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Committee Reports
Next semester will see the faculties battle it out with soccer and touch rugby being featured. So get excited! Pub crawl Coming up in semester two is the crowd favourite, MSLS pub crawl, run differently this year, students will be transported to the greatest* student locations that Perth has to offer as they put their skills to the test to determine which team will be crowned the greatest pub crawl team of all time.**
Cocktail Party Fancy sipping delicious drinks out of odd shaped glasses? Then the MSLS cocktail party is one not to miss. This night is filled with good drinks, good company and true to the nature of law students, somewhat intellectual banter. So get cosy with the Harvey Wallbangers or try some Sex on The Beach as the MSLS cocktail Party is an opportunity for students to come together and let off some steam during semester two. *greatest = cheapest **not really all time Alex Pirone Socials and Sporting Vice-President
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Committee Reports
Treasurers Report I’ve been fortunate enough to be admitted as the treasurer for the second semester of 2015. The hand over was straightforward, and everything is still in good order, rest assured, MSLS’s finances are in check.
Puppies The law café has a lot of depressed and stressed people frequenting it who need psychological help, because lets be honest, if you are studying law you aren’t exactly sane are you, so you are welcome!
I’ll cut to the chase!
Gambling
We’re going through to the new semester with no more sponsors but with a large pot of gold that’s securely stored in the Perth Mint Depository that’s going to fund a lot of awesome events! A breakdown of expected spending for semester two is as follows:
It’s an allocated contingent expense, enough said, I mean how else do you think MSLS raises funds to support all the events it holds every year? Also the President has a gambling problem, feel free to call the problem gambling hotline on 1800 858 858 to seek him help, if you are concerned. Socials We don’t expect to profit from members, we are only interested in benefiting the members by spending the society’s funds on the best available to cater to the members needs.
SPENDINGS Rabbits
Competitions
Puppies Gambling Alcohol
We like to spend money on catering for people who compete and spectate.
Sausages
Café Wages
Socials Competitions Café Wages
Rabbits Investing in rabbits makes good use of all the carrots, celery, salami, cheese, potato chips and crackers left over from competitions catering, because we can’t exactly recycle left over food can we, on a plus note they are quite cute.
You might be wondering why there’s no pink on the pie graph, well that’s because all café staff are an altruistic lot of volunteers who love to serve coffee and help around. On a serious note, a majority of spending detailed on that pie chart is there to help achieve the word quota assigned to me, go figure and most of our funds will be spent for socials and competitions this semester, so expect some awesome events to come up. Huan Vu Treasurer 13
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Committee Reports
Norton Rose Add
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Committee Reports
Secretary’s Report
Café Managers’ Report
Now, being Secretary may sound like a difficult job, but it’s really not. The hardest thing about being Secretary is chasing everybody up! I feel as though if there was a Bush Court Times articles about “Miss Ridiculously Naggy” it would be centred on me and all of my emails. It is fun all the same. I get to sit in on Executive and General Committee meetings and be in the know about almost everything. It’s like being President but with 99 less responsibilities.
It was a very busy start to the semester for the café. It saw a slightly retouched look with signs posted on the wall and a clear pick up and order distinction.
As Secretary this year I’ve been trying to have the Committee run in a more succinct and smooth manner and it’s interesting to say the least. Being the law students that we are, we all love to have our say. I think in my short time the shortest meeting we’ve had is 2.5 hours. Is there a benefit to this? It justifies more pizza! The MSLS Committee this year is absolutely amazing. Everybody works their absolute hardest to do the best for the students and present a fun and happy environment which I am so proud to be a part of. I can’t wait to see what semester two brings on and I hope to keep receiving emails from all of you wanting to be a part of all the amazing initiatives we have!
Competitions also started immediately, which saw the café put to good use at night. The perfect finish was the addition of new food products! It has been a successful semester with both familiar and new faces seen in the cafe. The wonderful atmosphere has been revived thanks to the welcoming abilities of the staff, and of course the alluring $2 coffee. Moving into the nest semester the café managers (Monika and Clare) would like to encourage all law students to head down for a coffee. We are welcome to all! We cannot promise a quiet place to study, but we can promise lovely people, excellent food and fabulous coffee. We hope to see you all soon! Monika Kosec and Clare Duncanson Café Managers
Bri Morrow Secretary
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Scholarly Articles
Scholarly Articles
SCHOLARLY ARTICLES
Subsidiarity and its Application for a Democratic Society........................................... 17 By Augusto Zimmerman Public Perceptions of Restoration, Reparation and Victim Participation .................. 23 By Cassidy Weinman Emotional Intelligence as a Differentiating Factor in Relationships ............................ 25 By Ross McDougal Recent, Rapid Reductions in Juvenile Crime................................................................. 28 By Dr Joe Clare
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Scholarly Articles
Subsidiarity and its Application for a Democratic Society of Free and Responsible Individuals The word subsidiarity comes the Latin subsidium, which means “help” or “assistance.” While its roots can be traced as far back as Aristotle’s political philosophy, Thomas Aquinas’s theological interpretation of Aristotle’s political philosophy proved to be the catalyst for the birth of the principle of subsidiarity that would in time become a key aspect of Roman Catholic social thought. 1 Despite similarities with Calvinist teaching and its well-known concept of “sphere 2 sovereignty”, as a principle of Catholic social thought, subsidiarity was first introduced in the encyclical Rerum Novarum (1891) and was enunciated in subsequent encyclicals such as Quadragesimo Anno (1931) and Mater et Magistra (1961). In Quadragesimo Anno Pope Pius XI outlined the principle as follows: Just as it is gravely wrong to withdraw from the individual and commit to the community at large what private enterprise and industry can accomplish, so, too, it is an injustice, a grave evil, and a disturbance of right
‘[T]he critical point for the emergence of the principle lay in Thomas Aquinas’s theological interpretation of Aristotle’s political philosophy…And yet, Aquinas’s social thought and the Catholic principle of subsidiarity retain the unmistakable marks of Aristotle’s political philosophy.’ – Nicholas Aroney, ‘Subsidiarity in the writings of Aristotle and Aquinas’, in M Evans and A Zimmermann, Global Perspectives on Subsidiarity (Dordrecht: Springer, 2014) 115. 2 See Kent A. Van Til, ‘Subsidiarity and SphereSovereignty: A Match Made In...?’ (2008) 69 Theological Studies 610, 619-626. See also Lael Daniel Weinberger, 1
order for a larger and greater organisation to arrogate to itself functions which can be performed efficiently by smaller and lower bodies. This is a fundamental principle of social philosophy, unshaken and unchangeable. Of its very nature the true aim of all social activity should be to help individual members of the social body, but never to destroy or absorb them.3
In Centesimus Annus (1991) Pope John Paul II stated that human nature ‘is not completely fulfilled in the State, but is realised in various intermediary groups, beginning with the family, including economic, social, political and cultural groups that stem from human nature itself and have their own autonomy.’ 4 Such plurality of political orders consists of different spheres of governance, each of them possessing its proper limits of responsibility and jurisdiction. Accordingly, citizens must be empowered and encouraged to participate in local decision-making, which enhances democracy because it shifts the balance of power towards individuals, away from the central government, preventing political power from concentrating in a few hands. ‘The Relationship Between Sphere Sovereignty and Subsidiarity,’ in M Evans and A Zimmermann, Global Perspectives on Subsidiarity (Dordrecht: Springer, 2014) 115. 3 Pius XI, Quadragesimo Anno (1931) [25]. For a discussion of this quotation, see Robert K. Vischer, ‘Subsidiarity as a Principle of Governance: Beyond Devolution’ (2001) 35 Indiana Law Review 103, 107–108, cited in Peter Widulski, ‘Bakke, Grutter, and the Principle of Subsidiarity’ (2005) 32 Hastings Constitutional Law Quarterly 847, 847. 4 John Paul II, Centesimus Annus (1991) [13].
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It is not by the consolidation or concentration of powers, but by their distribution that good government is effected…that division must be made that each might do for itself what concerns itself directly and what it can so much better do than a distant authority. Every state again is divided into counties, each to take care of what lies within its local bounds; each county again into townships or wards, to manage minuter details; and every ward into farms, to be governed each by its individual proprietor…It is by this partition of cares descending in graduation from general to particular that the mass of human affairs may be best managed for the good and prosperity of all.7
Subsidiarity, therefore, is a bulwark of limited government, advocating that ‘intermediate social entities can properly perform the functions that fall to them without being required to hand them over unjustly to other social entities of a higher level, by which they would end up being absorbed and substituted, in the end seeing themselves denied their dignity and essential place.’ 5 Understood in this sense, subsidiarity opposes centralising, bureaucratising forms of government and mass welfare assistance, thus recognising that the best way to achieve the common good is through the spontaneous actions of, and interactions between, free and responsible individuals. In this sense, subsidiarity emphasises a pluralistic approach that stimulates a ‘participatory structure of government,’ 6 buttressing individual liberty and eschewing political elitism. In addition to promoting individual liberty and responsibility, subsidiarity-inspired pluralism corresponds to a diminished centralisation of power which encourages active engagement in political, social, domestic and humanitarian affairs. And it is through these spontaneous interactions between free (and responsible) individuals that a more perfect vision of the common good and of good government may hope to be realised. The main drafter of the American Declaration of Independence, Thomas Jefferson, expressed the same sentiment:
5
Pontifical Council for Justice and Peace, Pontifical Council for Justice and Peace. London: Burns & Oates, 2005, 94. 6 Augusto Zimmermann, ‘Subsidiarity, Democracy and Individual Liberty in Brazil’, in M Evans and A Zimmermann, Global Perspectives on Subsidiarity (Dordrecht: Springer, 2014) 88.
On the other hand, it would be impossible to deny that people today are inclined to look on government aid as a ‘right’, regarding themselves as entitled to every public assistance. This prevents them from considering their self-worth and making attempts to preserve their self-respect. Rather, excessive state paternalism unmistakably discourages any such virtues, ‘giving money first and then fostering dependency, forgetting entirely about self-respect, and then discouraging a path to independence.’ 8 After describing the moral costs of state paternalism, Robert Sirico concluded that [t]he welfare state pursues its tasks in terms of a moral code 7
Thomas Jefferson, The Papers of Thomas Jefferson, Vol.1 (edited by Thomas Jefferson Randolph, Charlottesville: F. Carr & Co., 1829), 66. 8 Robert Sirico, ‘Subsidiarity and the Reform of the Welfare of the Nation State’, in M Evans and A Zimmermann, Global Perspectives on Subsidiarity (Dordrecht: Springer, 2014) 123.
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increasingly alien from traditional Christian tenets. For example, the very concept of a welfare “entitlement” runs contrary to the scriptural understanding of aiding the poor: helping others is a moral duty that springs from spiritual commitment and is not essentially exercised through coercion or government mandates. The modern, central state has proven itself incapable of distinguishing between the deserving and the underserving poor, and between aid that fosters independence and moral development from that which reinforces a dependency mindset and moral nihilism.9
Regarding the impact of excessive government aid on public morality and the common good, perhaps nobody has better explained how such an assistance eventually undermine the spirit of selfrestraint and responsibility than Wilhelm von Humboldt (1767-1835), the German liberal philosopher and founder of the Humboldt University of Berlin. Humboldt explained that [t]he evil results of a too excessive solicitude on the part of the State, are still more strikingly shown in the suppression of all active energy, and the necessary deterioration of the moral character. … The man who is often led, easily becomes disposed willingly to sacrifice what remains of his capacity for spontaneous action. He fancies himself released from an anxiety which he sees transferred to other hands, and seems to himself to do
9
Ibid 119. Wilhelm von Humboldt, The Limits of State Action [1792]. Chapter 3 available at 10
Scholarly Articles
enough when he looks to their leadership and follows it. Thus, his notions of merit and guilt become unsettled. … He now conceives himself not only completely free from any duty which the State has not expressly imposed upon him, but exonerated at the same time from every personal effort to improve his own condition; and, even fears such an effort, as if it were likely to open out new opportunities, of which the State might take advantage…Further,…[a]s each individual abandons himself to the solicitous aid of the State, so, and still more, he abandons to it the fate of his fellow-citizens. This weakens sympathy and renders mutual assistance inactive; or, at least, the reciprocal interchange of services and benefits…where the feeling is most acute that such assistance is the only thing to rely upon; and experience teaches us that oppressed classes of the community which are…overlooked by the government, are always bound together by the closest ties. But whether the citizen becomes indifferent to his fellows, so will the husband be to his wife, and the father of a family towards the members of his household.10
Unfortunately, every western democracy has now erected a massive welfare state that is notoriously expensive and inefficient. Although government aid can do some good for those needing only a temporary boost to get back on their feet, nonetheless, it is effectively a band aid for a broken bone. Arguably, such assistance http://ebooks.adelaide.edu.au/h/humboldt/wilhelm_von/sphe re/chater3.html
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welfare leads to a reduction in crime. On the contrary, it raises the possibility that well-meaning state intervention to improve the lot of the poor can actually lead to increased crime…It is the decay of moral values and selfrestraint…that have led to the misery of the modern poor.12
cannot eliminate the more pressing moral and spiritual needs that lie at the heart of every dysfunctional behaviour. For instance, sometimes what the recipient of assistance actually needs is a strong message of work and sobriety. To a great extent, writes American author Nancy R. Pearcey, Government aid can actually make things worse. By handing out welfare checks impersonally to all who qualify, without addressing the underlying behavioural problems, the government in essence ‘rewards’ antisocial and dysfunctional patterns. And any behaviour the government rewards will generally tend to increase. As one perceptive nineteenth century critic noted, government assistance is a ‘might solvent to sunder the ties of kinship, to quench the affections of family, to suppress in the poor themselves the instinct of selfreliance and self-respect – to convert them into paupers.11
The increase of criminality in England is a prime example. The idea that poverty or social conditions are sufficient causes of crime cannot be supported empirically. On the contrary, political commentator Peter Hitchens explains that, in his native England, [t]he evidence shows that he highest levels of crime in memory have occurred at a time of unheard-of…social welfare…This destroys the idea that increased
11
Nancy R. Pearcey, Total Truth: Liberating Christianity from its Cultural Captivity (Wheaton/IL: Crossway, 2004) 61. 12 Peter Hitchens, The Abolition of Liberty: The Decline of Order and Justice in Britain (London/UK: Atlantic Books, 2004) 23.
The moral costs of ‘big government’ are, perhaps, in no other field more visible than in the field of family policy. Although the family serves as a primary means of acculturation and transmission of values from generation to generation, family ties in today’s societies are so weak that fewer people think they ought to help their family members. As a result, people in distress no longer expect to obtain much help this way. 13 Rather than addressing these problems, public policy seems to have further destabilised the family with disastrous consequences. 14 For example, the last few decades have seen the dramatic proliferation of laws allowing the unilateral dissolution of the marriage contract. By making divorce easily available and purely personal, the state has transformed marriage into a legal absurdity that denies the doctrine of responsibility and holds no inducements to personal misconduct. Since we are all sinners by nature, these inducements provide a strong temptation for selfish and unethical behaviour. Whenever and wherever the family breaks down, of course, the state must step in as a substitute for the dysfunctional family.
13
H.B. Acton, The Morals of Markets and Related Essays (edited by D Gordon and J Shearmur, Liberty Fund, 1993) 81–2. 14 Sirico, above n 9, 116.
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independent means, and weakening of civil society.16
Hence the gradual increase of the state’s jurisdiction over the family. Additionally, one should also consider how welfare assistance, which is a pseudonym for government-mandated redistribution of private wealth, stymies the ability of individuals to provide charitable assistance. When these assets are taken from the individual and their social groups, it leaves very little for them to donate to private charity. According to the English political philosopher John Gray, the regime of high taxation inseparable from government welfare diminishes the sphere of free services in which individuals engage in spontaneous relations, effectively ‘corroding the culture of civility that sustains liberal civilization.’ 15 The inevitable consequence of this decrease in individual charitable activities is that the state acquires greater financial power to invest in the charitable activities that the state deems worthy to support: If, because of the confiscation of higher incomes, there are important social and cultural activities that can no longer be sustained privately, such as provision for high culture and the arts, then once again the state assumes responsibility for such activities through a program of subsidy. Inevitably, the state comes to exercise ever-increasing degree of control over them. The consequence of redistributionist policy, accordingly, is the curtailment of private initiative in many spheres of social life, the destruction of the man of John Gray, ‘Introduction’, in Bertrand de Jouvenel, The Ethics of Redistribution [1952] (Indianapolis/IN: Liberty Fund, 1990), p xiii 16 Ibid xiv. 15
the
So who after all are the principal beneficiaries of the welfare state? And what impact does this amassing of power in the state have on the common good? Despite the seemingly good intentions of government assistance, all that it achieves is to create a huge and expensive bureaucracy that is sustained by a permanent underclass of chronically poor people and their families. To a great extent, redistributionist policies result, primarily, in a ‘redistribution of power from the individual to the State.’17 This increase centralisation and bureaucratisation of society creates a powerful ruling elite of state-appointed officials. As noted by Tom G. Palmer, [t]he poor suffer the worst, because a trickle of benefits may seem like a boom to them, when their very poverty is both perpetuated by the welfare state and deepened by the hidden transfers from the powerless to the powerful caused by protectionism, licensing, and other restriction on labour market freedoms, and all the other privileges and special deals the powerful, the educated, the articulated, and the empowered create for themselves at the expense of the weak, the uneducated, the voiceless, and the disempowered.18
Although subsidiarity is not a blanket call to strengthen the local power, it is positively a call for a more effective 17
Bertrand de Jouvenel, The Ethics of Redistribution [1952] (Indianapolis/IN: Liberty Fund, 1990), 76. 18 Tom G. Palmer (ed.), After the Welfare State (Ottawa/IL: Jameson Books, 2012), 8.
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balance between different orders. As it is focused on the auxiliary role of government, subsidiarity implies that governing orders with greatest proximity to the individual should always be prioritized. Implicit in such idea is the assumption that the local power can perform most activities and community services just as efficiently as a more distant order of government, if not more so. As noted by Anne Twomey in 2008 in the Federal Law Review, [t]he principle of subsidiarity places the onus on those who seek to place a function with a higher level of government to make the case for it.19 In this sense, subsidiarity must be understood as a principle of authentic help or assistance, which sets up the proper limits for governmental action. Since subsidiarity means help or assistance, higher orders can intervene in the affairs of lower orders only as auxiliary aids and never as permanent substitutes. Above all, subsidiarity is about providing moral and practical functions to the lower orders that are essential to a wellfunctioning democratic society. In Caritas et Veritate (2009) Benedict XVI emphasised this particular view of subsidiarity as an expression of inalienable human freedom. Subsidiarity is first and foremost a form of assistance to the human person via the autonomy of intermediate bodies. Such assistance is offered when individual or groups are unable to accomplish something on their own, and it is always designed to
Anne Twomey, ‘Reforming Australia’s Federal System’ (2008) 36 Federal Law Review 57, 59. 20 Benedict XVI, Caritas in Veritate (2009) [57]. 19
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achieve their emancipation, because it fosters freedom and participation through assumption of responsibility. Subsidiarity respects personal dignity by recognizing in the person a subject who is always capable of giving something to others. By considering reciprocity as the heart of what it is to be a human being, subsidiarity is the most effective antidote against any form of all-encompassing welfare state.20
To conclude, subsidiarity is premised on empowering people with decision-making ‘carried out as close to the citizen as is viable’ or, in simpler words, at a ‘grassroots level.’ Accordingly, ‘intermediate social entities can properly perform the functions that fall to them without being required to hand them over unjustly to other social entities of a higher level, by which they would end up being absorbed and substituted, in the end seeing themselves denied their dignity and essential place.’21 A hierarchy of orders is thus established, consisting first of the individual as a selfgoverning entity endowed with Godgiven inalienable rights to life, liberty and property, followed by the family, the local community, the Church and, finally, the State. And since an entity of the higher order ought to be limited in favour of matters being resolved at the lowest possible level, assistance by any particular order should morally elevate the recipient of aid and not to reinforce unnecessary dependence that offers very little incentive for self-discipline and individual responsibility Augusto Zimmerman 21
Pontifical Council for Justice and Peace, Pontifical Council for Justice and Peace. London: Burns & Oates, 2005, 94.
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Victims in Justice: Public Perceptions of Restoration, Reparation and Victim Participation Research into public attitudes has continued to convey a crisis of confidence in the traditional retributive-style model of justice, with its effectiveness in dealing with the stakeholders of a crime continually being questioned. Victims are often described as the forgotten party of the criminal justice system; they are considered simply witnesses to an offence committed against the State. It is, therefore, not surprising that researchers have been inspired to search for alternatives to the traditional system. One alternative that has received considerable attention is restorative justice. This research examined the level of public support for the principles of restorative justice, including the increased participation of victims in the justice system through victimoffender mediation. Further, the study used punitiveness and belief in a just world to assess if personal attributions affect levels of support for restorative justice. According to the study, there are high levels of support, including among victims of crime, for the restorative principles of reparation and victim participation. Additionally, the study has demonstrated the lack of support that both victims and the general public have for the traditional version of the justice system. The findings from the present study only add further evidence to the existing research demonstrating high levels of support for restorative principles. The current study has provided reason to believe that the public, in general, appear to prefer the principles associated with restorative justice to that of the traditional system, including the increased participation of the victim in the justice process. It should be noted that the present study found this support with no
mention of restorative justice and without explanation of its key principles, as in past studies. This could suggest that public support for restorative justice is more prominent than once thought; that the public do not need prior knowledge of its workings in order to favour it over the traditional system. The study has shown that the process of mediation is not viewed as “soft on crime� as is often reported, and that it is the traditional system that is considered to be soft. These results imply that more emphasis needs to be placed on affirming public support for restorative justice. As has been demonstrated, the public are much less punitive and willing to accept alternatives to prison than was once thought. With this in mind, and the idea that those who are most immediately affected by crime are open to restorative practices and less retributive actions, it would be logical for a shift in policy to reflect such a large proportion of society’s views. In sum, the results of the current study paint a picture of a far less retributive public than is often portrayed in the media. Respondents (n = 265) from the Perth metropolitan area have indicated greater concern for restorative strategies that promote healing and restitution, rather than punitive ideals promoting vengeance and vindication. The general public, victims and those with high punitiveness levels and all levels of belief in a just world have embraced a more restorative orientation to criminal justice, alluding to a shift in public opinion; with the findings reflecting a growing interest in restorative ideals. The study also found high levels of dissatisfaction with the traditional justice system. As one of the main concerns for policy makers is maintaining support for the justice system, 23
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policy should be working towards making restorative practices readily available for victims and offenders alike, repairing the damage of crime, recognising and involving victims as stakeholders of an offence, and reshaping the justice system based around empirically-sound principles. Cassidy Weinman Honours Student
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Standing Head & Shoulders Next to the Rest; Emotional Intelligence as a Differentiating Factor in Business & Personal Relationships I came across the concept of emotional intelligence (EQ) several years ago while reading a book by Steve Saccone called “Relational Intelligence”. While I thought I was quite empathetic and intelligent relationally, EQ allowed me to objectively look within myself for improvement opportunities. This was a framework that helped me put language around general societal norms like “treat others as you’d like to be treated”. Instead, emotional intelligence submits: “treat others as they would like to be treated” – it’s an extra step that bridges the gap between people who are nice and people who are nice intentionally. I can definitely vouch for its success! My hope is that reading this may inspire you to look inward to your own EQ, and work on ways to improve it!
What is it? There are many traditions, etiquette rules and ideological guidelines that people subscribe to in their lives. Emotional intelligence is present in each of these concepts, but it does not necessarily mean that they are all apparent in someone who is ‘emotionally intelligent’. EQ can be better viewed as a tool kit for managing ones’ emotions; this opens the door to intentional management of interactions with others. Better understanding of interactions often leads to more predictable & desirable outcomes. Honesty is a core aspect of EQ; it requires frankness with oneself and others always. This requirement can lead to EQ being dismissed as an ineffective trait in the legal, business & personal world. Emotional intelligence requires
that honesty be used to build relationships and trust; while the news may not always be good, it’s better than a fabrication – no matter how rosy that may be.
How does EQ work in the Legal Profession? There is a general perception about people who work in law; planted by a few and perpetuated by greater media: that they are controlling, type-A sociopaths. An (shallow) argument could be mounted that the concept of EQ may not be relevant in the industry. This could not be further from the truth – understanding and intentionally controlling emotions is at the core of proper conduct within the profession. EQ in the legal world is not about yielding control to others and sliding into apathy. It requires a person to think of others’ motivation for their words or behaviours and to reconcile that outcome with one’s own worldview. Finally a decision must be made on how to respond (taking into account the emotional aspect, but not being dictated to by it) keeping in mind the most appropriate way to communicate clearly with the other party. Emotional intelligence is a trait often seen in effective Justices in the legal system. A Justice is expected to remove their emotions from the determination process and make decisions based on the legal arguments of both parties. Justices can employ EQ to serve this end or to be more subtle with their judicial activism.
Application in Professional Relationships The positive outcomes of being emotionally intelligent can transfer into all walks of professional life. Industries that may not seem 25
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to require empathy benefit from application of EQ principles. A military drill sergeant may not come across as particularly concerned about the wellbeing of his trainees; but as we all learn in the last act of the movie, the commanding officer knew the threshold of the recruit and was able to extract the most out of them – often more than they were conscious of internally (cue man-hug & credits). When applied to one’s professional life, EQ would best be employed with more overt empathy than the drill sergeant example above! The basic concepts do apply however: share with others, build vision into them, and challenge them to be better in the context of your involvement with them. Positive influence can even lead to building the relationship into other spheres of life. People with a high EQ encourage others generally and add value to them; it is a highly attractive characteristic to display. More people valuing and being influenced by a person can lead to opportunities for them that may not be available otherwise.
Bringing EQ into the home Personal life, especially at home with family can be one of the most challenging environments to practice improving one’s EQ. This difficulty comes from the intense connection that emotions have to our interactions with family. While emotional management in the family context is not always easy, it is an ideal training ground to work on and improve personal emotional intelligence. The concepts discussed above are great starting points to increase intentional communication in the family context. The most value the home experience can bring to personal EQ is in the form of an understanding of oneself. This includes identifying and understanding personal triggers, responses
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that are uncontrolled and which communication strategies are most appropriate for various situations. Once these are analysed, a person can begin to consciously craft their behaviour and choice of language. Family interactions are sometimes the most honest and/or stressful interactions most people engage in. If a person can consistently control their emotions within the family context, it stands them in good stead to be able to do so in other spheres of life. Families often know each other most intimately and they can be of great assistance toward understanding one’s own emotional idiosyncrasies.
Unlocking Your Potential with Emotional Intelligence People with a high EQ can be highly influential over others. Influence is often tied to a negative perception, or a feeling of ‘controlling’ and ‘bullying’. The kind of influencing at play when a person employs emotional intelligence often goes unnoticed by both parties. Influence is imparted through sharing goals or thoughts and casting vision to others, and emotionally intelligent people do this endlessly. They are incessant sharers of information and celebration. They also understand that people working together can always achieve more than the sum of their parts. As you spend more time consciously aware of your emotions, you will begin to see your control over them increase. This is not to say an emotion in and of itself is bad. Understanding & controlling what a person does with those emotions and how they give action to them is the difference between maturity and immaturity, emotional intelligence and acting out of instinct.
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If you are aware of yourself and your emotions, and empathetic to the emotions of others, you will soon see relationships both beginning and blossoming in all areas of your life. You will draw similar people to you and be able to take advantage of the opportunities that those relationships will afford you. In the words of famous Brazilian writer Paulo Coelho: “If you conquer yourself, then you conquer the world.� Ross McDougal Mature Age Representative
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Recent, Rapid Reductions in Juvenile Crime: How Can Criminological Theory Explain These Changes to Offending Behaviour? Prior to starting at Murdoch in Semester 1, 2015, the last report I wrote for my previous employer, the Victorian Sentencing Advisory Council, examined the decline in offending for young adults over the last 5 years (see “Trends in Sentencing Young Adult Offenders”).22 This report explains that Victoria has experienced a very recent, marked reduction in offending behaviour exhibited by young people: between 2009 and 2014 there was a 26% reduction in the number of 18-20 year olds sentenced in Victorian Courts. Over the same period, there was a comparable reduction in offences proceeded against this age group by police in NSW (see the late-2014 report, “Young but not so restless: trends in the age-specific rate of offending” 23 ). These patterns are also mirrored by statistics from New Zealand, where the number of young people in court has declined by 59% since 2007. 24 Further to this, from discussion with colleagues from the UK, Holland, and Canada, it seems these trends are also apparent in other parts of the world. From a criminological perspective, it is really important to understand what is going on. The Victorian Sentencing Advisory Council report examined a range of factors to try and explain this reduction in court appearances. In brief, this age group has: (a) reduced as a relative percentage of the overall population (down 3%), 25 (b) markedly reduced the
22http://www.sentencingcouncil.vic.gov.au/publi
cations/changes-sentencing-practice-youngadult-offenders 23http://www.bocsar.nsw.gov.au/Documents/bb9 8.pdf 24 http://beehive.govt.nz/sites/all/files/Trends-inChild-and-Youth-Prosecutions-2014infographic.pdf 25 Australian Bureau of Statistics (2010). Population Projections, Australia 2012 (Base) to 2101, cat. no.
dangerous consumption of alcohol (without an accompanying increase in illicit drug use), 26 and (c) been charged less and diverted more by Victorian Police. Combined, these findings indicate that young people in Victoria are drinking less and offending less, and that this change has happened over a very short period of time and across a wide range of places. How can criminological theory explain this? In recent times, Farrell and colleagues have examined the general decline in crime that has been taking place since around 2001 (see work on the global crime drop 27 ). The most parsimonious explanation for this trend has been provided by a school of criminological thought under the banner of opportunity theory. These theories prioritise the opportunity structure that surrounds crime over dispositional explanations for offending behaviour. One of these opportunity accounts, the routine activity theory (see work by Felson), posits that for predatory crime to occur a motivated offender must coincide in space and time with a suitable target and the absence of a capable guardian. Another opportunity explanation, crime pattern theory (see work by Brantingham & Brantingham) explains that crime occurs in a temporal and spatial pattern that mirrors our normal patterns of movement.
3222.0 (2013); Australian Bureau of Statistics, Population by Age and Sex, Australian States and Territories Jun 2010, cat. no. 3201.0. 26 Australian Institute of Health and Welfare (2014). National Drug Strategy Household Survey Detailed Report 2013, Drug Statistics Series 28. 27 Graham Farrell et al. (2011). The crime drop and the security hypothesis. Journal of Research in Crime and Delinquency, 48(2), 147-175.
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On face value, these theories provide a plausible platform to explain the reduction in offending for this group of young people. Given the rapid movement towards virtual space which has minimised the need to move in the physical world, it is possible that the internet and the corresponding impact this is having on individuals’ movements can simultaneously explain the rapid reduction in drinking and offending. In contrast, it is harder to see how dispositional explanations for offending, such as developmental and lifecourse theories (built on the age-crime curve for offending, showing a peak of offending around 17 and a steady decline thereafter) can explain such a wide-spread, sharp decline in offending. Just as with Farrell’s examination of the global crime drop, it is important for criminology to produce plausible explanations for these patterns that generalise beyond single locations. To this end, localised policy and public education campaigns are likely to be insufficient. As it stands, there has been little work done to explain these recent, rapid reductions in juvenile offending behaviour. These are all just patterns. Further to this, I need to confess that I subscribe to an opportunity account of offending behaviour, so this is just my opinion. If this is interesting to you, come and do CRM201 “Policing and Crime Prevention” in 2016. In the meantime, read and make up your own mind. Dr Joe Clare Lecturer
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Words From The Bench
Naming ideas
Words From The Bench
Law School and Beyond General Interest
WORDS FROM THE BENCH
The Entymologies of Murdoch Student Law Society .....................................................31 Social Justice, Human Rights... and a Clip-on Tie..........................................................33 Space Law: It Really Is a Thing. ........................................................................................36 What They Should Have Tort You .....................................................................................37 Moot Court Bench Report ................................................................................................39 Dashed Expectations: What to Do When You Don’t Get Articles .............................40 A Law Student’s Guide to LLB130 ....................................................................................44 Criminology – A First Year Perspective ............................................................................45
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Words From The Bench
The Etymologies of Murdoch Student Law Society Some of you have surely woken up in the middle of the night wondering why: a. Murdoch Student Law Society is not called “Murdoch University Law Society” or some other less clunky variation; and b. “Carpe Diem” is called “Carpe Diem”. The purpose of this article is to dust off these lost, dark secrets. a. Why “MSLS”? About three days into the opening of the School of Law in 1990, half of the 45 students who were at that stage enrolled in law gathered on a lawn in what was then near the Environmental Science building to discuss setting up a law students representative body. This was something which had been actively encouraged by the then Dean, Ralph Simmonds (now Justice Simmonds of the Supreme Court of Western Australia). But the Guild of Students had made it known that they were firmly against the law students’ representative body consisting of just law students, on the grounds that excluding students from other on-campus faculties was elitist. The Guild’s then vice-president (who was not a law student) took a very active role in guiding the creation of the law students representative body, which included chairing an extraordinary meeting of the law students and overturning a previous decision by the law students’ society to only allow law students to be members.
Veterinary Students Association were very bemused by this, as no one who was not a vet student had ever insisted on being able to join the MVSA.) The name of the representative body also steered away from anything which suggested an exclusion of non-law students. And so, rather than be entitled “Murdoch Law Students Society” (the frontrunner for the few weeks before the first general meeting), the society was instead called “Murdoch Students Law Society”, to demonstrate that by its very name the society was not just for law students. As it turned out the acronym MSLS was curiously useful because at INTA council meetings it avoided confusion with other a number of other law student societies from law schools beginning with “M”. b. Why “Carpe Diem”? The explanation for this is much more prosaic. The original committee of MSLS in 1990 consisted of: a) The president, Mark Dean, b) The vice-president, Sharon Law c) The treasurer, Grant Gernhoffer d) The secretary, Julian Atkinson e) A general member (in charge of social events), me. The vice-president was charged with creating a periodical newsletter. The name of the newsletter was the subject of discussion over many weeks.
The rationale was to ensure that the newly created society was open and inclusive to anyone on campus. (I recall that the Murdoch 31
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Professor Simmonds was of the view that the newsletter would be “clean”. This was in marked contrast to the then- risqué tone of Blackstone Society’s annual magazine (its monthly newsletter, Onyx, was only introduced in 1991). The very first article on the front page of the first newsletter was written by me, and was entitled “Clipping Wings” – an argument that MSLS should not be deliberately political and that this should be written into its constitution. It was a terribly pretentious argument which I freely admit to being embarrassed about even 25 years later. I am however wryly pleased to say the tone of the newsletter did acquire a more robust character in the years after (some of the bawdy jokes and Law Ball photos in 1991 attracted a written complaint from a Fremantle criminal lawyer who apparently mistook the newsletter for a serious academic journal).
Words From The Bench
Some other early institutions have fallen by the wayside – the annual Law Revue, the Alternative Law Handbook, the Phillips Fox Debating Trophy, and, perhaps thankfully, the Sons of Ralph – but it is pleasing to see that both MSLS and Carpe Diem have endured for the past quarter century.
Dave Stewart 4th MSLS President Adjunct Professor, Murdoch School of Law
But, in the first few months, in order to give the newsletter the prerequisite weightiness, the committee oddly favoured the idea that the title should be in Latin! No doubt this fuelled the argument that the law students were being exclusive and engaging in mystification of the profession by using a dead language in the title of its newsletter. In any event, Sharon Law was a big fan of the movie, “Dead Poet’s Society”. She was adamant that “Carpe Diem” be adopted as the newsletter’s title. When the rest of the committee complained that people would automatically associate the newsletter title with the movie, Sharon said that, in time, the etymology of the name would be forgotten as the movie shuffled to the rear of video rental stores (this was, obviously, in the day when video rental stores were prolific). Sharon only stayed at Murdoch for two years before she relocated to Victoria and completed her degree at Monash University, but her film preferences have created a lasting legacy. 32
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Words From The Bench
DLA Add
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Words From The Bench
Social Justice, Human Rights... and a Clip-on Tie Working as a solicitor at a community legal centre 9am. Get to work a little late. Spend about 3 minutes grabbing the court list, a diet coke and copy of the Restraining Orders Act before rushing out the door to get to the local Magistrates Court down the road. 9:10am. Duty lawyering. Find 3 clients seeking violence restraining orders. Spend about 6 minutes each scribbling down as many facts as you can. Last client is a 'high risk' client currently in a women's refuge. Explain to her you will need to speak to her after court for further advice. 9:30am. Do 3 back to back appearances in front of the Magistrate for the 3 clients. Magistrate looks annoyed and gives you a hard time because you "don't seem very well prepared, counsel" ugh. You convince the court to grant orders though, and the clients are happy. 10:30am. Impromptu advice appointment with high risk client. Spend a considerable amount of time on the phone with Centrelink, support workers, and the Police to make sure the situation is stabilised. Police seem to know the client and her offending ex-partner. Not sure if that's a good sign or not. 12:30pm. Receive email update on a tenancy client. The real estate agency left a message to say that they will accept the offer of settlement for half the claim amount. Call client to give the good news. Client has now changed their mind and wants more money. Spend 20 minutes re-explaining why taking the settlement is in the client's best interest (both financially and stress/effort wise).
1pm. New client/matter appointment. Take very detailed notes about a complicated scenario where apparently the client is owed large sums of money from a number of different places and people. 30 minutes pass before realising the client has mental health issues and most of what he said is probably not true. Advice ends up being along the lines of re-engaging with his psychiatrist and going back on his medication. 2:30pm. Meeting with other domestic violence lawyers around the state. Discussed law reform submissions around streamlining the family violence legislation in WA. Hear about a recent case which defines what "approach" means on a restraining order - hiding in a bush and waiting for the person is apparently ok? Another highlight of the meeting is a legal aid lawyer's run in with an angry self-represented father in the Family Court. Apparently it was a close call with the guy grabbing the lawyer's by the shirt and tie before security came to break it up. Shared my concerns with other male lawyers at the meeting about how a tie would be a serious liability in a physical scuffle. 4:30pm. Googled where I could buy a clip-on tie. Somewhat disappointed to find out they generally can only be bought for kids. Went home shortly after. *** The best way to explain what I do as a CLC lawyer is often by saying its "like half social worker, half lawyer". In some ways, it is similar to other litigation roles in the fact that you are trying to resolve disputes between parties. But at a CLC it will solely be people's disputes, which will nearly all have a social or human element to them. Typically the best outcome 34
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for your clients lies with a remedy that isn't strictly a legal one. As I like to often say, it’s more about the people than the law. You will unfortunately encounter some of the darker aspects of human nature and society but have an opportunity to help others through these difficult times and situations. I remember when I was in law school, many of the people in my year had aspirations to work in social justice, human rights, etc (funnily enough, I didn't to begin with). But the reality of working in a CLC/legal aid/similar non-profit practice is probably a bit different from what many might imagine. Its rarely glamorous, and you probably won't be "saving the world" straight away.
Words From The Bench
rewarding. You will also often get a lot of your "own" matters even as a junior solicitor, which is an excellent way to learn the law very quickly compared to juniors at bigger firms. I would recommend anyone that I haven't scared off yet to try and get some volunteering experience at a CLC to begin with if they think it might be a career path for them. *** Aoning Li is a solicitor at the Fremantle Community Legal Centre. He dislikes long walks on the beach. "Too wet and sandy", he says. Aoning Li 18th MSLS President
But you're still helping people, often on a case by case basis, which is always interesting and
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Words From The Bench
Space Law: It Really Is a Thing. It is always awkward when you encounter an area of law which you know more about than that area of law is designed to regulate. Technically, we know more about space law than we do about space. As such the questions are begged; how does space law work? Why does it exist? And why should we take it seriously? I’m sure by now you have all heard of captain Rinse. Captain Rinse is the champion of space law. [see below photo]. Before our great captain, space law was but a myth – a messy assembly of treatises that really didn’t do anything and no countries really abided by. Space law exists under International Law. International Law has things called ‘lex specialis regimes’. These include things such as the high seas, Antarctica, and of course – space law. In all seriousness, space law is fascinating not only because it has spawned such great leaders as Captain Rinse, but is arguably the fastest growing area of international law. The increase of both state interest and state conduct in outer-space evidences the need for a much tighter legal framework to be established to control such activities. Ever more so is the growing number of private companies with an interest in outer-space. Companies such as Space X, Planetary Resources Inc and Virgin Galactic are all backed by multi-billionaires trying to extent their venture capitalism to outer-space. The absence of contemporarily appropriate law which addresses these issues can have major implications for all countries.
These include the rescue of astronauts, liability for damage in outer-space, a proposed legal framework for governing outer-space mining and various other technical issues such as the registration of satellites and thereon. Unfortunately, the age of these treatises and the lack of any significant update to them has caused major space-faring nations like the United States and Russia to not fulfil their obligations under these treatises. #Murica. The new-found focus on space law, and the growing interest by states in the pursuit of an equitable yet consistent legal framework to govern outer-space activities makes it a dynamic and fascinating area of law to study. Murdoch University competes in the Manfred Lachs International Space Law Moot Competition which is designed to make students research and prepare arguments on possible circumstances arising out of current state interest in space law. I myself have competed in the competition and it has been one of the most incredible experiences. Shout out to Captain Rinse. Marche Bantum Lach’s Space Moot Competitor
Space law is made up of a number of treatises. The Outer-Space Treaty (‘OST’) sets the overall agenda and provisions for outerspace activities, which are then elaborated upon by other treatises under the OST. 36
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What They Should Have Tort You Congratulations on making it to law school! You’re on your way to completing a very rewarding and flexible degree. But where are you going to go with it? What type of job would you like to have when it’s all over? What type of jobs don’t you want?
You might think that these questions are only important to answer in your final semester, but take the advice of someone who is final year now: always keep these questions in mind! Try to spend time during your studies to figure out what type of career you would like to pursue. When thinking about this, consider two things: Consider Your Happiness Working in law can be very high-stress. It is widely known that law graduates in big firms can be expected to work very hard and for very long hours. Is this the atmosphere that you would like to work in? Do you thrive under pressure, or do you crack? Your measure of a good career (and even a good life) may be the complete opposite of the person sitting next to you in your BJU100 lectures. Just because they want to spend 10+ years after graduating working towards becoming a partner at a top tier firm does not mean that that should necessarily be your path as well. What is a ‘good’ career is entirely subjective. In my limited and humble experience, I have found that it is all the things outside of the classroom and lecture hall that get you thinking about what type of career will make you the happiest. It’s the catching up with friends, the trips overseas, and the extracurriculars the help you get to know yourself. Even though your academic success should
be a priority, the ‘other parts’ of your life should be just as important. Investigate All of Your Options Before you make any sort of commitment to one specific field over another, it is worth considering all of the options that you have in front of you. It may be just as important to know why you didn’t pursue a particular career path. The MSLS Careers Guide has a great display of all of your legal career options, so I would recommend giving that a look (or any similar careers guide). If you decide that none of those options are for you at the moment, you could consider: Using your other degree. Assuming that you’re doing another degree alongside your law degree, you could consider pursuing employment down that path. That ‘add-on’ to your law degree could actually be far more rewarding that you initially thought. Take some time off to consider Maybe you could work in a bar in London for a year after graduation? You certainly wouldn’t be the first Aussie to do so, and you certainly won’t be the last. Study something else now that you’re done. My plan was always to audition for WAAPA after completing my law degree. There’s nothing wrong with keeping your law degree as a backup while you explore what else is out there.
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In Conclusion I have definitely not written this article from the perspective of someone who has figured this all out themselves. Even though I am in my sixth year of study, I am still a lost little lamb figuring out what to do with myself in this big wide world. Anything you have just read has come from the many different people I have spoken to over several years about careers in law, and careers in general.
If, after reading this article, you have had a serious rethink of your career aspirations, then I am pleased to have helped. If, after reading this article, you are confident that your current career goal is the best option for you, then that’s fine too. Either way, I hope that you have taken the time to consider how your career choices will affect your future. Remember: Study and work are intended to compliment life, not substitute for it. Alex McVey
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Moot Court Bench Report Although not part of MSLS, the Moot Court Bench (‘MCB’) is a very important aspect of Murdoch University life. The first half of 2015 has been packed out with competitions and presentations. To begin semester 1, MCB sent a presentation team to Orientation Day. Inspired by their fearless, handsome and top-knot sporting Chief Justice (‘CJ’), MCB ran a well-received mock trial and presentation on mooting/MCB. Once again led by the ever fashionable and top-knotted CJ, MCB held the First Year Debating Competition. The debating competition involved two competitors debating a contentious area of law such as: legalising marijuana, the death penalty, and judicial appointment. After fierce general rounds, a quarter final and a semi, the grand final was between Mags Irvine and Rahila Haidari. After a nail-biting final debate, Mags emerged as the victor. The next significant event in the MCB calendar did not occur at Murdoch University. Rather it was held at little known barber in South Perth. And dear reader, if you shed a tear now don’t be ashamed. It was at this barber that our handsome CJ lost his glorious top-knot. A certain WA landmark named news group labelling top-knots as profanity antenna may have had something to do with the decision.
After the absolute rollercoaster of marking submissions, the top five were sent to a certified Big-Dog Swag-Lord Lawyer at a terrace law firm to decide a winner. After what must have been Big-Dog Swag-Lord Lawyer’s most thrilling week; Heather Costelloe can now call herself a certified clear writer and is $200 richer. Before the close of Semester 1, MCB began the Moot Project. Inspired by a fashionable member of Murdoch University’s Manfred Lachs 3rd runner-up Moot Team, and the more fashionable and more handsome CJ – the Moot Project involves small coached teams working together on a fact problem. With a huge number of sign-ups this Project is one of the biggest MCB has worked on yet! The competition rounds of the Moot Project will be held later in semester 2 – strap yourselves in for a wild mooting ride. Look forward to more exciting competitions and seminars from MCB in semester 2! Fortunately, next semester’s CJ has even better hair (or is it just more?) and a bad-ass reputation. Daniel McCarthy Semester 1 Moot Court Bench Chief Justice
MCB was however able to recover from such a humbling setback. The still handsome but top-knot bereft CJ led an exciting new competition, the Legal Drafting Competition. The Legal Drafting Competition required competitors to redraft a letter and explain a contract using principles of clear writing. Although the comp was an absolute thrill-ride in and of itself, a phat $200 was up for the winner (a less phat $50 to the runner-up). 39
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Dashed Expectations: What to Do When You Don’t Get Articles Soon, final year law students will be preparing their applications for articles. After years of study, hard work, and sheer determination, the final hurdle to their dreams of becoming a lawyer is looming near and tall. As you all know, there are more law students graduating from Australian universities than there are articled clerkships available. Not all of the final year law students who apply for articles will be offered a position. Set out below are some suggestions to help you through the tough times of dashed expectations: here’s how to prepare for the apocalypse.
Accept reality and be prepared Despite serious hard science showing that climate change is causing irreversible damage to the environment and that the end of days are on their way, some still don’t believe in global warming. Similarly, some final year law students still believe that they may be part of the winning Lotto syndicate and receive an offer. My advice for both climate change skeptics and articles skeptics: Accept reality and expect the worse, but always hope for the best.
Skill up When the apocalypse arrives, it will be like Survivor but without the games and rewards. I strongly urge you all to skill up now on basic survival skills: learn how to hunt and gather, start fires, collect water.
Similarly, for final year law students – check your alternative skill sets. That second degree in post-colonial literature may have been fun, but may not be that practical in landing you an amazing Plan B job (my second degree was in English and Comparative Literature, so I speak from experience, people). My advice: do a gap analysis and skill up, or have in place options for what you can do next. Don’t wait till the apocalypse arrives and then make decisions about what you should do next. During that state of distress, your decision making capacity will be impaired. So start planning now, while your head is reasonably clear. Rejection will be easier to take and you will feel much more confident and optimistic about your prospects if you have a solid Plan B in place.
Find other survivors There’s strength in numbers. But as in the case of the apocalypse, choose your company wisely. Make sure the people who are around you are supportive, caring and understanding. Allow yourselves to grieve over the loss of the world as you know it. Avoid those who bring you down, are overly negative (as emotions are contagious) or worse still, basking in the glory of their multiple job offers (as you will seriously want to hit them, and you don’t need an assault charge as well as not getting articles). In all seriousness, when we don’t get articles, it may well feel like the end of the world for some. I received many a rejection letter. With each one, my self-esteem and selfconfidence diminished.
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Author Steve Covey believes that 10% of life is what happens to you, 90% of life is what you make of it. Whether or not these statistics are entirely accurate, there is a lot of truth to the sentiment. There is wisdom in focusing on what you can control (ie you) and what you can’t (ie the vagaries of law firm hiring policies). Shakespeare describes the 90:10 rule in Hamlet: “There is nothing either good or bad, but thinking makes it so.” Behind the 90:10 rule lies the science of cognitive behavioural therapy (“CBT”). In its most simple terms, CBT works on the complex relationship between our thoughts, our feelings and our actions. How we think affects how we feel; how we feel affects what we do. Managing our thoughts is fundamental to managing our reactions. Most of us have unhelpful thinking styles that generate automatic thinking. Here’s an example: Upon opening the final rejection letter, John thought to himself “I am stupid, what a waste of 5 years, what will I do now if I can’t be a High Court Judge? I will need to work at McDonalds. My friends will think I’m a failure and stop talking to me. My parents will be so disappointed in me. This is not humour, by the way (that was the apocalypse part). Poor John’s automatic thoughts are a pretty close reflection of the internal automatic thoughts some law students may be running. Some may be less extreme, some may be more. The general gist though: I’m not good enough and it’s the end of the world. Here’s what we can do to try to manage these thoughts.
Words From The Bench
First, identify thoughts:
the
feelings
behind
these
“I feel sad. I feel lonely. I feel scared. I feel unworthy. “ These are all big feelings. overwhelming.
They can be
Second, identify the unhelpful thinking styles. John’s thoughts reflect unhelpful thinking styles of: catastrophising (blowing things out of proportion), jumping to conclusions (mind reading the thoughts of others and predicting what will happen in the future), labelling (assigning negative labels to ourselves), and all or nothing thinking. Third, challenge the assumptions behind these automatic thoughts. Place them in the witness chair and cross examine them. Look for the evidence behind them. Bring in other thoughts that undermine their claims and their assertions. Fourth, create supportive and balanced thoughts. This means look at both the negatives and the positives. Look to other areas in your life that are meaningful to you. This is also where being prepared with your Plan B comes into place. Managing our thoughts takes practice. Please don’t wait for disaster to strike to test CBT out for the first time. I urge you to try a few trial runs of CBT during the year so that you have it down pat (remember the apocalypse – if you wait for disaster to strike to acquire hunting skills, you’ll probably starve). Also, make your Plan B now (or at the very least, start thinking about it). Having a Plan B in your pocket will reduce the risk of you making crazy, hasty decisions when you are distressed (which is likely, as you will be cognitively impaired): packing your bags and living at a remote Indian ashram may not, in the cold light of day, be the best option for you. 41
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Make sure you are with caring, supportive friends and family. If in doubt – get some support. See your GP, a counsellor, a life coach. Get some support early – don’t wait for things to get worse. Keep an eye out for friends as well – encourage them to get support if you are worried about them. My last message: don’t give up hope. Not all of you will get articles in the first round of offers. This does not mean you will never get articles and you will never be a lawyer (or a High Court Judge, if that’s what floats your boat). A dear friend of mine graduated with first class honours but did not obtain articles. He interviewed poorly – not surprisingly, his mother was terminally ill at the time. With a combination of personal issues, the additional stress of not getting articles was extremely difficult. But he preserved – he had dreams of being a lawyer after watching way too many episodes of LA Law (luckily, you young people will have no memories of this astonishingly bad TV show).
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Finally, he was hired by a small firm almost 6 months later. After 12 years at two top tier national (and now international) firms, he is currently a partner at a boutique Perth firm. So whatever happens, don’t despair. Work on your CBT skills in the meantime. And plan for the apocalypse, just in case. Wishing you all the best of luck in your hunt for articles. May the odds be ever in you favour. Agnes Tay
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K&L Gates
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A Law Student’s Guide to LLB130 First years all make a common mistake. Obfuscation. Making simple things complicated. Looking at an open-ended question and imagining infinite possible answers in every possible dimension. When asked what kind of animal bit the victim, we tend to list every species of dog from Dobermans to Chihuahuas when all the answer requires is cat. Sooner or later you will accept one fact. Your writing is crap; therefore your answer will be crap. It's not your fault, but it could be. Law school has never been easy. If it were, everyone would do it. Law may be a science but the brainchildren of law, logic and simplicity, is an art. That's something to remember for every subject you do, hence the acronyms Keep It Simple Stupid. KISS applies to everything law, the basic principal for everything you read and answer you write. This is where criminal law fits in. Every answer has a fixed mathematical formula. For example; Legislation > Case Law (Legislation + Case Law) + Application = Answer Ultimately, legislation trumps case law. Refer to legislation, then case law, apply facts of case and write your answer. Simple right? Seriously, it really is that easy. Not tricky enough? Well I did say simplicity is an art form and as such, it takes time to perfect. Don't think, but act like a lawyer.
Examiners have better things to do than concoct trick questions. There are no tricks. Only a question in need of answering. Good Answer=Good Marks. Bad answers=Bad/No marks. The formula above is easy to learn, yet difficult to apply. It's like to telling someone to read a driving manual. But until you actually start driving, you’re never going to know how. You will be a terrible driver until you practice. The more you practice, the better you will get. Eventually you won’t have to think about shifting gears. It all becomes instantaneous. The best way to learn to drive is to do it. And the best way to learn criminal law is to attend your tutorials. You may miss a few lectures, but you shouldn't miss your tutes. You’ll learn more about the application of law in your workshops than any reader can offer. Prep for your tutes, attend them and focus. It's only an hour, it's no excuse to slack off. For those who never read your textbooks until it’s too late, want to avoid cramming? ATTEND YOUR TUTES!!! You want HDs; do your workshop preparation. You want Ds do your readings (five minutes before tutes, the law school way). You want a pass, GO TO YOUR WORKSHOPS!!! And at least pretend like you want to be there. Curran Chai 44
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Criminology – A First Year Perspective When making the decision to nominate Criminology as my Arts major, I had no real idea what it was about. I knew it was about crime, that’s easy enough to pick up, but I had real difficulty trying to grasp what I was going to be learning. Upon arrival to my first CRM100 lecture, all my questions were answered and more. I learnt that crime itself could be explained by employing a plethora of varying theories. This has enabled me to look beyond the crime itself and look more at what caused it and how it could have been prevented. As a cohort we have also looked into very sensitive topics, most recently the psychological breakdown of different mass murderers and intimate relationship violence.
My understanding of these topics has allowed me to think outside of what news reports or articles describes and encourages me to
consider the varying factors that led to it. It is at this point in time when it finally becomes clear what criminology is. Sure it’s easy enough to say ‘the study of crime’, but actually understanding what that entails is something else entirely. The topics we have covered this semester are invaluable in my studies of both criminology and law, as well as in everyday life. I now look back and thank myself for choosing this subject as it has broadened my scope of thinking beyond what I believed to be possible. Looking forward I am now fascinated as to what next semester and the subsequent two years have in store for me, and I can easily say I look forward to it. Liam McMahon First Year Representative
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GENERAL INTEREST
The Student Priced Drinks Guide ..................................................................................... 47 The Striking Parallels Between Law School and Game of Thrones ............................. 48 Saying Goodbye to Highschool ...................................................................................... 49 Man vs Moot....................................................................................................................... 50 Rockly Laments .................................................................................................................. 52 A Guide to Gambling ....................................................................................................... 53 The Fashion Commandments Act 2015 ......................................................................... 58 Guide to All Nighters ......................................................................................................... 62 Mr Café ............................................................................................................................... 67
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The Student Priced Drinks Guide The following contains the only knowledge you will need to successfully survive your university years. These have been meticulously researched again and again to ensure that only the best value and stingiest deals have made it on to the list. Go forth and enjoy the specials while they’re still within reach.
Thursday (its essentially the weekend anyway)
Monday – The Home of Industry Night
Murdoch Tav - $6 Matso’s Stubbies The Game (Nothbridge) - $6 spirits, $8 pints, $8 Jager bombs The Stables Bar (CBD) - $5 Budweisers, $6.50 Woodford reserve, $11 chicken wings The Botanica (Innaloo) - $10 parmy
Tuesday (Not too worry, there is always somewhere cheap if you look)
Murdoch Tav - $7 Kraken Rosie O’Grady’s (Northbridge) - $7.50 pints (entire range, including the overpriced European stuff) Brass Monkey (Northbridge) - $8 pints of Carlton Dry, $9 pint of Heineken, $5 vodka or jacks
Wednesday – The Original Student Night
Murdoch Tav - $3.80 middies Carlton draught Civic Hotel (Inglewood) - $10 Jugs & Cocktails, $6 pizza Captain Stirling (Nedlands) – $12 jugs, $7 spirits, $5 sparkling Subiaco Hotel (Subiaco) - $5 spirits Purl Bar (Subiaco) - $5 spirits Village Bar (Subiaco) - $5 exports, $5 vodka, $5 gourmet hot dogs The Court (Northbridge) - $6 Pints, Cocktails & Pizzas Brass Monkey (Northbridge) - $8 pints of Carlton Dry, $9 pint of Heineken, $5 vodka or jacks
Wembley Hotel (Wembley) - $12 steak & prawns with chips Newport Hotel (Fremantle) - $8 pints of Carlton Draught or house rum Flying Scotsman (Mount Lawley) - $12 jugs of Fosters, VB, Carlton Draught
Murdoch Tav - $7 Vodka all day The Leopold Hotel (East Fremantle) $10 jugs, $5 spirits, $5 sparkling The Botanica (Innaloo) - $10 Steak night Claremont Hotel – various student specials with lots of drunk uni students Friday
Murdoch Tav - $9 pints of Matilda Bay The Paddo (Mt Hawthorn) - $19 steak & pint The Wembley (Wembley) - $6 pints of Millers for students Saturday
Universal Bar (Northbridge) - $8.5 TED’s
Sunday – The birthplace of the Pizza & Pint
Flying Scotsman (Mt Lawley) - $12 pizza & pint The Paddo (Mt Hawthorn) - $14 pizza & pint Universal Bar (Northbridge) - $19 pizza & 2 pints The Wembley Hotel (Wembley) - $12 traditional parmy, $15 gourmet parmy (Worth it)
If none of these tempt you, keep your eye out for uni parties, they’re always packed with cheap drinks and full of people with the same goal – to have a few too many beers and make some mistakes. 47
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The Striking Parallels Between Law School and Game of Thrones I Graphic violence and hostility for no apparent reason
VI Beyond the wall = the rest of the university outside the law café.
Though the most suitable adjectives to describe law students might be ‘charismatic’, ‘endearing’ and ‘intellectual’, I might ask you to call to mind the powerful similarities between the Annual General Meeting and the red wedding.
As legend has it: it’s vast, it’s cold, it’s terrifying and it’s teeming with wildlings.
II The coveted iron throne There is a single, noble position in the law café that has mildly functioning internet. He who controls this is all-powerful and probably searching for ultra rare memes.
III Women show impeccable strength They're just as heroic, scheming, powerhungry, ruthless, and visionary as their male counterparts. Except they also wear heels.
IV Essos is the law library We know it’s relevant, but it’s so geographically distant that it only rarely appears in the storyline, and most of us never go there.
V Andy Hunter looks like Joffrey Think about it for a moment. Invite the comparison in aesthetic and character. You agree, don’t you?
VII Recurring themes of villainy and cruelty There are so few surviving moral characters, and yet so many successful villains that you actually start cheering for your favourite scoundrels. (*cough* Andy Shack *cough*) VIII You win or you die Anyone who’s felt all five stages of grief while pulling an all-nighter can attest to this. Mooters tell tear-jerking tales of adversity and agony. The most severe hangover you’ll ever experience in your life comes courtesy of law camp. IIX Jon and John Game of Thrones has Jon Snow. Murdoch Law School has John Snobar. Coincidence? Probably.
IX You’ll most definitely be confused if you don’t pay attention. You started off the semester with ambition to be an ideal student. You’ll read all the texts, you’ll start the assignments weeks early, you’ll attend every lecture and sit near the front. And you did… for two weeks. Now it’s week nine, you’ve attended three lectures and you’re somewhat certain that Contract Law involves the phrase ‘offer and acceptance’. But you’re confident you can still salvage this before the exam - fire cannot kill the dragon. Johanna More Social Justice Officer 48
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Saying Goodbye to High School I graduated high school last year. Many people told me that university was going to be different. In many aspects, they’re right. Here’s a compiled guide for a smooth transition from a high school student to a university student. You’re welcome. I’ve always been too shy to interact with the other gender. I blame it on attending a girlsonly high school. University is co-ed *eye twitches* The other day, a cute guy said hi to me. I responded by choking in front of him on the choc-chip cookie (yum) that I was eating. In the end, I managed to reassure him that I wasn’t go to die with a thumbs-up sign. Go me. Sorry ladies, but I am unable to help you in this department. NEXT. High school is strict on attendance. If you weren’t in class, they would call your parents. In university, no one will ever know *cackles* However, don’t let that be your incentive to skip your lectures! Skipping lectures is not ‘YOLO.’ Lectures are much better than Echo. Replace the word ‘class’ with ‘lectures’ and ‘tutes’ in conversations. Unlike high school, you’re allowed to leave campus whenever you want. This means you can drive to places to eat in-between your lectures, workshop, and tutorials. WIN. You don’t need to put your hand up in university to be excused. I have made this mistake many times.
your belongings. I recommend the colour black. It matches nearly all outfits. I’m also biased in how much I love black. Speaking about outfits, there is no compulsory uniform in university! This means no more uniform inspection days as well, woo! Gone are the days with ties, stockings, and having to polish your shoes! Now you can wear whatever you want! #Rebel. I find the idea of wearing pyjamas tempting, but I’ve never been brave enough…yet. I dare you. It’s considered normal to be friends with those that are in different years. Remember in high school where everyone stuck to their year group? Me neither. Avoid talking about high school too much. High school is long over, and for some peoplevery long over. I’m going to stop talking about it after a few more sentences, don’t worry. So what do I find the same about high school and university? You meet epic people and you’re stuck with them for years, yay! Have fun being stuck with me, everyone! <3 Locket Lee
Organisation is key to success in both high school and university. Teachers helped you out in high school by leading you by the hand. You’re on your own here in university. Your diary becomes your new best friend. Bond with it. Being an actual law student is different from what is depicted on screen. Legally Blond? Suits? How To Get Away From Murder? Lies everywhere. High school expectations of studying law vs. reality will hit you hard. There are no lockers in university. Invest in a bag that’s big and sturdy enough to carry all 49
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Man vs Moot Hello, I’m Bear Grylls Lachlan Smith. I’ve spent four years at university and I’ve survived some of the most barren wastelands this university has to offer: I’ve traversed Bush Court on Market Day without having my political views criticized; I’ve narrowly escaped being dragged into over three quiz nights at the tavern; and I managed to conquer three MSLS Law Balls without throwing up in my suit. Today I’m here at the Murdoch Law School in one of the most barren tundras on this university- the MCB Moot Room. Many overenthusiastic law students makes the mistake of signing up for a moot and find themselves trapped out here. In fact, in 2012 a young student entered this room without properly assessing the situation. When a search and rescue team finally found him, he was buried under a pile of books and empty coffee cupsa few more days out here and he would have been dead. Come with me and I’m going to show you how to make it out alive.
Step One: Food and Water Any survival expert will tell you that the first thing you need to find is fresh water and food. If you spend too long out here without it, you’ll be gone within hours. Fresh water and food is in abundance in this area, but you need to exercise caution when foraging for your meals. The nearby cupboards boast a few packets of noodles and WWII era cans of tuna, but don’t be fooled, one slip up and you’ll be fighting against food poisoning. Another option that could land you in trouble is the local wildlife. While it may be tempting to hunt the local quendas with a sharped pencil attached to a broom, these majestic creatures are a protected species and should be avoided. Luckily, I have managed to find a few measly dollars on the floor near the printer, so I’m going to play it safe and hike up the mountain to the food court.
I’ve just gotten back from the food court where I managed to secure a Gatorade and some overpriced nachos. However by the looks of it, the sun is setting and it’s time to make camp. This brings us to step number two.
Step Two: Shelter If by chance you get stuck in the MCB Room, you’re going to need to spend the night here. This means finding adequate and hygienic shelter is an integral step. I can see that there are a few blankets and a bean-bag near the corner of the room, but I need to approach this with caution. These items seem to have been here for at least a few decades, so I have no doubts that they’re crawling with harmful insects and old food crumbs. If you failed to secure food and you’re really desperate, these crumbs can be consumed in an emergency. They have vital nutrients and will allow you to make it through the last legs of the escape. If you assess the situation and the blankets cannot be salvaged, you can fashion a shelter out of old paper boxes and sticky tape. It isn’t glamourous, but when the cold of night hits you’ll be glad you’ve got something.
Step Three: Fighting off Potential Predators It is morning now and I think it’s time to make a move. However, this area is crawling with potential predators and I need to have my wits about me. Local students often tell stories about deranged students whose minds have been twisted by the stress and competition of the moots. If you run into one of these in the hallway, you might be in deep trouble. The way to escape these however is three simple steps. First, upon initial confrontation, they will often try to assert their intellectual dominance over you. Much like you would confront a bear, moose, or gaggle of geese, you need to try to make yourself appear as large as possible. Begin to brag about how much work 50
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you have put into your recent moot and how much more important it is than theirs. If you do this correctly, the predator will be scared in submission and back down. The next step is to add a condescending or patronizing statement into the mix to ensure they are left hurt and confused. If this provokes them further, move to step three- yell “banter” as loud as you can and then take evasive action to get to safety. Once you have escaped hopefully unharmed, it’s time to find civilization.
Step Four: Finding Civilization Unlike food and water, there is not an abundance of civilization in the vicinity of the moot room. You may see what you think is civilization, but don’t be fooled. These are usually just more of the aforementioned predators and the only thing you will get from them is bravado fueled conversations about mooting. It is an imperative that you find actual civilization and plan your escape.
I have been scouring the hallways for any signs of life and I’ve just heard the faint sounds of 90’s RnB and rap music. This is a good indicator that there are some students nearby. I have followed the noise and arrived at the MSLS Law Café. While the locals don’t seem to speak modern English, they have managed to point me in the direction of the exit so it is time to take my leave.
Step Five: Making it out Alive Luckily I managed to escape the tundra of the Moot Room in just two days. However, many aren’t as lucky and can be trapped here for almost 6 months. But if you follow the fundamental steps and don’t get caught up in the battlefield of mutually-assured intellectual destruction that is the mooting culture, you might just make it out alive. Lachlan Smith
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Rockly Laments I was told two days before this was due to write this thing, I spent around half an hour working out what I would actually want to read about in my Carpe articles and came up with nothing. Instead, I give you the Mr. Hockley or: How I Learned to Stop Worrying and Love the Law School. To give some background information here I am now a fifth year student at Murdoch and have seen many things, often far too many things around university (Insert your own dick joke here). Perhaps my favourite activity is to watch first year students in the first week or so of classes. All of them coming in their preppy little pant suits and nice outfits, whereas I, from the first day, rocked up late in the ugliest pair of track pants I ever owned and a jacket that I had owned for about four years. I was determined not to give any sort of false pretences. I was a weird one from the start. Since then I have spent first days of uni in similar clothing or even pajamas. One year I bought a pillow in my bag in case I needed to crash mid-class. Needless to say the lecturer wasn’t super pleased with my attempt at “performing a soft reset” in class. Fortunately this was one of my politics lecturers but they still stare daggers at me.
point out that he was sick and injured at the time, nevertheless a win is still a win. I have learnt a lot being on the last couple committees, most of which can’t be said in this article. I gave in to the pressure and joined a bunch of crazy people organising random events that previously I had barely attended. I learnt that it is better to get out there and meet people including society presidents with God complexes and egotistic first years rather than stay silent and hidden. Getting involved in the law community around Perth is a step above me right now and dealing with Blackstone is something that no sane law student wants to do. I have made leaps and bounds towards finishing this degree and have met a multitude of cool (albeit crazy and occasionally disgusting) people. I used to despise the concept of actually coming to uni but I have learnt to stop worrying and love the law school. Ryan Hockley General Committee Member
I was around in the Torq Experience, I saw the rise of the almighty Evan and the running of early Harper days and the downfall that was the Smith era. Effectively learning nothing from each administration in the laziest of manners. I have entered a total of one competition throughout my tertiary education that was in first year. I beat Andy Shack in the first round of junior trial advocacy (still thinking of Shacks doing something “junior” makes me laugh). Additionally I imagine that he’d like me to 52
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A Guide to Gambling A typical poker night at the Crown and will MSLS’s finances be in safe hands from a wannabe pro poker player? I have been fortunate enough to be recently admitted to the position of Treasurer in the MSLS committee, and it’s a position I will not take lightly. However straight to the topic, I’d like to think poker is 80% luck and 20% skill. I’ve come to conclude that to win in poker at the casino, you need to play against informed people who are:
Rational; this means they do not get swayed by emotions,
They do not make irrational (I like to say YOLO) calls
They attempt to read you as much as you attempt to read them.
A typical sitting on the table and put on a particular act that night, I have three: The newbie (pretend I don’t know what I’m doing) The arrogant law student who has rich parents The quiet one with only one expression it looks like this (-_-) My personal favourite act is the newbie. It allows other people to think they are in control, and it gives them a false sense of security when they bet their money.
On a good night this is what happens (Based on a True Story): Pre Flop Huan is holding a pair of 10 o Calls the $5 blind to see the flop Jeffery is holding a Ace King suited o Raises $50 The entire table folds Back to Huan’s turn o He thinks about it for awhile o Says some silly nonsense like “these are my favourite numbers” “I really want to play this but $50 cmonnnnnnn” o He calls anyways Flop Community cards = Ace – 10 – 9 Huan’s hand = Set of 10s (Triple 10) beats > Jeffery’s hand = Pair of Ace Huan checks Jeffery raises $135 Huan doesn’t say anything o Thinks for awhile o Plays with his chips o Looks at his cards o Keeps looking at his card This makes it seem like he doesn’t have anything significant, and is perhaps trying to chase a straight He’s trying to make Jeffery think that he is holding 7 and 8 in his hand o He finally calls $135 and says: “You only live once, that’s the motto, YOLO” Jeffery is thinking what the hell does this piece of shit have?
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Turn – King Community cards = Ace – King – 10 – 9 Huan’s hand = Set of 10s beats > Jeffery’s hand = Two pair Ace and Kings Huan Checks Jeffery raises $350 Huan says: o “YOLO” o “I’m all in” Pushes all his chips in Jeffery o At this stage is very committed to the large money pot, he believes Huan has nothing but maybe a 7 and 8 trying to chase a straight asking the poker gods to provide the last community card with a Jack or a6 He believes he has the strongest hand right now so he calls Huan’s all in raise River – 2 Community cards = Ace – King – 10 – 9 – 2
Who the hell says YOLO Obviously some dumb teenager
However I like to think I was always in control during that poker play off. On a serious note, MSLS finances are completely safe, I don’t think embezzling would look good on my CV’s and I will most likely have hundreds of lovely members hate me for taking away all the great social events and competitions they are all looking forward to. *Karma acted accordingly, due to Huan’s jerk move of rubbing it in Jeffery’s face of his bad loss. Huan later went off to play baccarat and lost all the money that he won. #fairplay Huan Vu Treasurer
Dealer asks for show of hands: Huan = Set of 10s Jeffery = Two pair Aces and Kings Huan takes all the money in the pot and rubs it in the loser’s face that he got slow played.* I’d like to think that: Putting on an act of being submissive and checking every hand was an act that made Jeffery think he was alpha Saying dumb things like YOLO put Jeffery off, putting thoughts such as: o Is this guy really just trying to chase a straight? o Is he really that dumb? o What a dumb typical teenager 54
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Coffee And Computers On most occasions when offered a soapbox I’ll give a rant angrier than an old man attempting to return soup at a corner deli. This is however, not quite the school’s Prosh, and apparently as an older student I should be setting somewhat of an example... I’ll try harder on that point next year. Amongst other things, I originally enrolled at the prestigious Murdoch school of law under the impression that it might get me away from my daily grind of coffee drinking and worrying about computers. The impression held for a while, until I was inevitably hoodwinked into looking after the MSLS IT and doing a cafe shift once a week. Allow me then, to proffer some advice on coffee and computers targeted at law students. Coffee Just order a flat white or long black and stop adding refined sugar. We’re not in Italy; no one cares about your fancy orders. Sugar is bad for you. I’ve already banned a few staff members from having more than 3 sachets a day, although I think they’ve got a stash of it hidden somewhere. If you’re going to be a lawyer, you’re going to drink a lot of coffee. That means a lot of sugar. You’re already going to be stuck behind a desk and the only exercise you will be getting is the occasional waltz down the Terrace to make a quick appearance… and that’s if you’re lucky! (Apparently there are only 4 law related jobs available in WA over the next few years and as Adam Rida and the Space Law Team need to go work somewhere, the rest of you seem shit out of luck.)
(While I am at it : LAX - wtf?! Why you constantly screw me over like that?!) If you really want that double-decaf-mochachai-latte with half almond milk and a quarter soy topped up in a tall glass, at least have the decency to not pout when a few people get their orders punched out ahead of you. <--Don’t order that @ Fiumicino. You’re not far enough away from customs for the locals to not consider kicking you back out to where you just came. Computers Facebook. You’re all retarded. I’ve seen what some of you post. Stop posting dumb shit. You are the first generation that will have most aspects of their lives completely digitised. The internets don’t appear to be going anywhere, and nor will that racist joke you and your friends all clicked like on. Employers, co-workers, clients and the community may currently have or acquire in the future the ability to see what you have posted. Are your security settings up to date? Are the AFP going to request a copy of your profile and message history when applying for that senior position in 15 years? Did Facebook really delete that drunken money shot you accidentally uploaded last month or is there a cached copy as per their T&C’s? Have a good hard think about what you put online and the ramifications it may have for you not only today, but in 20 years. There are known knowns. Known unknowns, and unknown unknowns. The biggest problem here is the unknowns. Look at what computers can do with data today, and then wonder what they may be able to do with it just short of the economic horizon.
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I’m pretty full of myself and even I have no idea what’s going to be possible at the rate that development is happening and boundaries are being pushed. Did you know since it being considered bad practise to profile who anonymous users are, some crazy boffins worked out that funnily enough it’s easier to identify you by who you aren’t! (Spoiler if you didn't get it: process of elimination yields far superior results to cross referencing known data. Too superior. Scary superior. I was blown away at the accuracy of those algorithms and I’m a tough sell.) Apple I just don’t do apple. Please stop asking; I don’t care. I purchased one from cashies back in 1556 to knock out a coding assignment and it’s been sitting in the warehouse collecting dust ever since. Apparently it’s a collector’s item. I look forward to installing it as a door stop down the farm. Go hang out at the Apple Store and take selfies; make it their problem. That’s why you got the thing anyway wasn’t it. Don’t post 4chan jokes. Leave that behind you like you did your high school Acne. Should you wish any further information or assistance, please do not hesitate contact me via my secretary J.Brohmer@murdoch.edu.au That’s it, no more. Go live your lives to the fullest!! Andy Shack xoxo
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College of Law Add
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The Fashion Commandments Act 2015 The Fashion Commandments Act (2015) was enacted to guide you wayward souls into the heavenly gates of good style. The Act was amended by Parliament* in July to suit the winter season. As any good legal advisor would, I have taken out the most important elements of this act and presented them in this article. * MSLS committee 1. Thou shall buy a Murdoch Hoodie The hoodies are warm. They are also multipurpose. As well as keeping you insulated, they also let the world know you are a pretentious law student, and it earns our (in)famous law school some awesome street cred. They cost $45 and are of the highest quality, they are a mix of 40% cotton and 60% your mothers chest hair. The hoodies have been known to have side effects, our pre-sale safety trials showed that the individual who wears the hoodie began to sweat glory and fame in excess. Other side effects may include female panties dropping at a rate of ~400m/s, and better grades. 2. Thou shalt not bear they breasts So this is a serious one. I am speaking to men and women alike. The Law school is a place where you might end up meeting most of your future co-workers or employers, so the way we dress says a lot! Dressing with some modesty goes along way. Ladies, if your top is so low we can see your bra it’s not acceptable.
3. Thou shalt wear shoes. Please. Just, just wear them. 4. Thou shalt sport and support a beard Beards are a law school tradition which applies to all students, no matter what nationality, age or gender you are. Grow a beard. They are multi-functional and can be used to keep your face warm and store food at the same time. Any time you spend not actively focusing on hair follicle growth around your lower face is time totally wasted. Beards are cool, you can braid them brush them taste them and stroke them. Many of you will present what you think are reasonable arguments like “oh but I’m a girl it’s not physically possible”, physics and logic is for lesser men than I, plague someone else with your feeble excuses. Grow a beard. No exceptions. 5. Thou shalt not hate on high heels! If nobody questions your choice to wear flats, then why is it alright to question the choice to wear heels? The subjects we study in this faculty are often depressing, so if a girl wants to do something to make herself feel a bit better about the day ahead, like slipping on a pair of Louboutin’s then what’s the issue? As every stylish woman knows, “fashion knows not of comfort”. March proud ladies, let them quiver in fear at the sound of our stilettos, let the ground shake in the weight of our confidence and style. 6. Thou must always shower!
Men, if we can see your bra, see me personally, there may be bigger issues at hand.
We’ve all done the all nighters in the library, we’ve all done the Olympic sprint across campus to get your paper into the assignment boxes thirty seconds before its due, and we’ve all faced the ever present evil of all those stairs out of the law café after a big lunch. With all 58
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these constant threats to personal hygiene, its important we don’t make it worse than it has to be. Shower people. The only thing we want to smell is the odour of glory and cheap coffee. 7. Thou shalt not criticize Every individual is unique and is entitled to express themselves through their clothing however they like (as long as it isn’t indecent or offensive) so let’s look beyond the brand and love each other for who we are, not what we wear. 8. Thou must arm thyself against the elements Mid-year, that awkward and confusing time for Perth citizens when water falls from the sky and we drought-stricken citizens get all sad and confused. Yes it’s Winter kids, even though it only lasts about 20 seconds for our wonderful city. I can assure you that you will freeze your nipples off if you don’t come ready. Certain lecture theatres and tutorial rooms will have air-con on all year around, such as the library, and any rooms with computers in them. Bringing a big coat, a raincoat, and an umbrella is always a good idea this time of the year. The MSLS law café also has a coat hanger to keep coats and umbrellas safe through the day so you don’t need to worry about being bulked down.
10. Thou shalt flaunt what thy mother gave you Nothing sells style so well as confidence. The law school community is a place where people feel happy and safe to be themselves, so we want to see you confidently strutting your stuff during the duration of your degree. So flaunt your style people, colour the café with diversity, MSLS needs your help to be the trendiest student society on campus. Advice on the best online shopping, what to wear for social functions and trends that will hit in the next coming months can be given, for a payment of tea and hugs. Love Carmel Hooshmand
9. Thou shalt suit up! Throughout the year MSLS holds a lot of corporate themed events. Competitions, grand finals, and educational events to name a few, all require us to be in formal corporate attire. Don’t chicken out and be the one person who didn’t take it seriously, and showed up to the courts in jeans, suit up! Men, tie, not bow tie, leave that for the law ball. Women, heels or flats are okay, but leave the Northbridge heels at home.
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Alternative Law Careers - A Guide To The World of Dictatorship The economy is down and jobs are getting scarce. Legal work is a rare commodity these days. Chances are, if you are reading this article, you are way behind on your readings and most likely, won’t get a job in the legal industry. Fear not, for there are many things you can do with your law degree. You could be a clown, or a comedian. Or a politician? Bond villain. What about a dictator? Yes, dictator. Think about it. There are so many benefits that even a job at the magic circle won’t provide. Private islands, nice fancy cars, 24/7 holidays. All you need is to get the basics for running your little banana republic and you’re set. It’s as easy as 1, 2, and 3. Here’s the ultimate guide to embarking on the domination of plebeians.
stylish. Name one non-stylish dictator…you can’t…you simply can’t.
3. Colour Gadaffi’s unique multicolour robes have been an inspiration to us here at GQ. He has singlehandedly brought purple back…
1. Have a good backstory All great dictators have a nice little intro. Just like your law essays. The more outrageous the better! Here are some tips. Always be born into a ‘poor’ plebeian family and emphasize the fact that you are a ‘made’ man/woman. That story sells every time. It’s so effective! Having a good name goes far. Come on, being referred by your lovely populace as ‘El Presidente’ or ‘El Jefe’ is so cool! You can’t get that in a legal career. Why be called a ‘shark’ when ‘El Tiburon’ sounds way more cool!
4. Sunglasses Kim Jong Il exhibits a cool factor with his wraparound sunnies like no other Hollywood film star.
5. Hair Style Close runner up son, Kim Jong Un has inspired many people to partake in the Asian undercut, a trend that’s rapidly catching up amongst the Hollywood plebs.
2. Style Just like writing law essays and Taylor Swift, one must have style. All dictators are 60
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6. Uniforms Not many people can pull off the uniform, a risky bold choice. Kudos to Idi Amin for such a brave stylistic choice.
7. Moustaches Damn, just damn. Try going up against that yard bush of Stalin’s or Saddam Hussein’s well-trimmed stache…
9. Conclusion As with all essays, all dictatorships must eventually come to an end. The key, as in every essay is knowing the precise moment to bailout. Never outstay your welcome. Well, on the one hand, you will miss your little island paradise and avoid being shot or thrown in prison or sweeping the streets. On the other hand, PARTY PARTY PARTY! Curran Chai Competition’s Officer
8. Grammar As in any legal career, a dictator must attain the highest mastery in grammar. After all, you wouldn’t want to embarrass yourself for not knowing the difference between using ‘fewer’ or ‘less’ when dealing with enemies. Mastery of euphemisms ahem truth is a must. A dictator ahem one true leader must be able to spin tales of falsehood **AHEM** “Capture the hearts and minds of the populace.” Anyone who disagrees with your rule shall be punished **AHEM** “re-educated.” I think it’s time I hired a new speechwriter…
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Guide to All Nighters A guide to pulling an all-nighter 1. Don’t have a nap because: a. You wont wake up b. If you do you, you will feel like shit 2. Always have a blanket to cuddle it may be your only support through the night 3. Facebook is your best friend so procrastinate hard! 4. Caffeine is like your heart beat it’s the only thing that’s going to keep you going 5. If possible bring a friend you will need their shoulder to cry on – multiple times 6. Have a few bevvies, nothing helps you study like a good buzz
7. Be prepared for judgment when people see you the next day wearing the same clothes 8. Green Ps are a must for 5am Maccas breakfast run 9. Take no No-Doz like tic tacs 10. Get ready to lose yourself when you start hitting 20 hours without sleep 11. Have high sugar, fat and salt content food stocked up to help your self esteem 12. Have a subscription to Netflix for entertainment during “breaks”
Pia Carboni
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Bush Court Times
Insert Picture of Bush Court
BUSH COURT TIMES
Ms. Innocent First Year .......................................................................................................64 Miss Overdressed................................................................................................................65 Mr 7th Year ...........................................................................................................................66 Mr Café ...............................................................................................................................67
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Ms. Innocent First Year She starts her morning with a jump in her step, and why shouldn’t she? Its her first day at Uni. She ensures that the social media population is aware she is ‘officially a Uni student :D’ and picking out the best sophisticated attire.
every photo she uploads contains the phrase #unilyfe, also a drink is a necessity. After a few cups of goon punch She starts feeling a little woozy, but she cant be drunk, she’s pretty experienced from her cruiser-fuelled ‘ragers’.
She arrives on campus an hour before her first class. This provides her with ample time to ensure she has every book on the booklist and guarantees herself a spot in the front row of the lecture theatre.
Before she knows it she’s on the ground making a snow angel in a puddle of her own yack. Good form!
She then pulls out what appears to be the entire Typo catalogue; pens, pencils and a whole assortment of pointless items all packed in a giant pencil case with a ‘quirky’ quote on the front to show her free spirit.
At this point in time, she sees everyone laughing and pulling out their phones, perfect! Everyone can see how much of a party animal she is and she is sure that no one will ever forget this story, ever. Anonymous
After a rigorous hour of jotting down the lecture slides word for word, she spends time gossiping with the other ‘freshers’ about how hard WACE was, comparing their all-valuable ATARs and claiming that nothing at Uni will ever beat their ‘dardy’ leavers experience. She then heads off to her tute where she argued with her tutor because what they said was wrong as she had learnt something different in high school. She doesn’t care that they have a PhD in Law, she knows that everything she has learnt prior is 100% accurate. Great arguing! Later that day, she meets up with her mates to gossip about what happened on the weekend in their genius secret spot: the library’s quiet zone. They get the occasional death stare and a ‘shut the fuck up’, but she knows that they’re just jealous of her party lifestyle. A few days later, word gets out about a party down at the tav. Finally she has her chance to show everyone how mature and popular she is. When she arrives, she makes damn sure that 64
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Miss Overdressed Age: 17 (nearly 18 though) Occupation: Student; part time Cotton On sales assistant. Interests: frozen youghurt; minimalistic instagram posts; older boys; drama. Description: She only dates older boys and uses her Cotton On salary to shop at Mimco. (and only has that shitty little coin purse). According to this girl, you can wear heels to uni. In fact, you’re a slob if you don’t. How else would you attract the attention of all of the Chiro boys as you walk up from carpark 7? She’s not dressing for others, okay?! She’s dressing for herself.
look up and notice her. Oh. My. Gucci. He’s coming over. Holy shit. Look hot, look hot! Suck it in, flip your hair, smile! Wait, is there broccolini in her teeth? Is there enough time to reach into her bag and grab out her bottle of Daisy by Marc Jacobs? Probz not. He’s coming over!!! Aw fuck, he’s just hitting the bathroom. She was way too hot for him anyway. And intellectually superior. #law Anonymous
She receives a text from one of her many galfriends from high school… they think she looks hot as fuck in the snapchat she added to her story this morning. Eyeliner on fleek! #ootd She’s the type of quinoa-eating bitch who goes to the food court for the sole purpose of shooting filthy looks at girls who are lining up at Absolutely Kebabulous. She struts over to Aroma to get her soy-chai latte, and maybe a Caesar salad if it’s her cheat day. “We should totally just stab Caesar”. She gets a message from her gals; they’re all heading to Bali next week. Why didn’t she get the invite? Fucking UWA bitches think they’re better than her. She heads to library and sets up her work station - Teatox in hand. Her fake Chanel tote from Bali takes its own seat in the law library. God forbid a non-law student without notes to share takes the seat next to her. She sets out her 8 highlighters; colour coding is life. She whips out her Kikki K diary and re-highlights her birthday in bright pink – only 41 more days and 17 hours until she’s 18! Her pointy shellac nails tap on her smashed iPhone 5 as she waits impatiently for the cute boy in the booth to 65
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Mr 7th Year Age: Late twenties Occupation: Career Student Interests: Electives, university functions
networking
weeks away became an expert on the culture of European and Asian societies. Thankfully upon his return to Perth he is able to bring back his novel proficiencies and educate everyone else.
Almost half of his life has now been spent in the tertiary education system. He has picked up and dropped four second degrees over the past half-decade, and despite having accrued enough credit points over two years ago, he is ‘not quite yet ready to graduate’. He now has three-quarters of a major in Animal Science, Journalism, Criminology and Finance on top of his almost law degree.
After winning one client interview competition years ago, he has steadfastly declined to compete again. His refusal to participate maintains his undefeated status, which he claims makes him indisputably the greatest legal mind ever to come through the university. And if no one told you, he will.
Due to his superior wisdom and experience, he doesn’t really have any peers at university. Every other law student from first years to fourth are all freshers to him. As the hoarder and gatekeeper of two decades worth of HDquality notes (none of them written by him), he has a constant stream of law students sucking up to him hoping for a free package of Torts, Contract and Property assistance.
However, the real reason he hasn’t graduated yet, isn’t because he messed up his degree by doing Civ Pro too early. He isn’t just saving up to travel for a decade. No. He is still at University because he has yet to pass Torts. This year will be his fourth attempt. Anonymous
He fondly remembers the first teaching years of many of the tenured professors, and has seen the rise and fall of more Deans of Law and Academic Chairs than any other. He is on a first name basis with all of the lecturers, having spent more evenings with them on campus than with his friends outside of university. A disdainful expression crosses his face any time someone mentions Uni Games, law camp, tavern parties or any other social event. Similarly he has no time to spare for the student law society (beyond critiquing everything they do), as it is made up of a bunch of immature and ignorant kids who know nothing of the real world. In his time at university, he has been on exchange four times, studying as little as possible while away. Instead he spent his time overseas wine-ing and dining and in the three
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Mr Café Age: 19 Occupation: Career Student Interests: The MSLS Law Café; scaring away paying customers. Description: Yeah, nah, he definitely feels like he gets more work done sitting in the café talking to his mates about beer that costs less than $40 a case. The reality of the outside world, specifically the ECL tutorial rooms, represents a startling awakening from his hot-chocolate induced semi-slumber. This shoe-less, cash-less, but strangely coffee-rich law student has reached the stage of enlightenment where he realises that securing a grad position at a corporate firm right out of uni is less likely than the Solitaire app on his phone ever going unused for over half an hour – a notion that he’s pretty much stopped stressing about. Not that it matters, because he wastes so much time sitting on his assignments in the law café that he is basically employed as a massive, caffeine-jittery paper weight.
too expensive beer, unemployment, and an overwhelming feeling that you should probably be somewhere else, doing something involving typing on a keyboard. He walks away from the tav, content in the knowledge that his impressively lethargic lifestyle was pretty much what the federal government had in mind when the HECS system was created. Long live subsidised tertiary education and Matt’s winning streak on 8 Ball Pool. Anonymous
He eases into his day in typical fashion, harassing the unassuming first year representatives – who are doing their first shifts in the café -- about their choice of music to put on for the customers. To this unrelenting connoisseur of rinse, anything short of converting the café into Ambar is a grave failure. As such, the term “banger” is bandied about more than a 5th year’s Contract notes. Accepting his mate’s offer to ‘come tav’, He dutifully participates in the customary 1:00pm drinks of the man that readily confesses the pain of a 4-hour lecture in ECL. Not that 4-hour lectures don’t extinguish all hope and optimism in the goodness of humanity as a species, but he wouldn’t know, because he has never actually bothered to stay at one. Besides, the tav has better things, like slightly
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The Anthology
The Anthology Batman, By Jordan Burt The bat wings spread will stalk the night so dark, A mask to hide his face, so torn, so worn, Lonely and cold, his war, crusade, his task, A mask to hide a man, his tale forlorn. It was the night itself that changed his life, A gun doth fire a shot, his dad is lost, The price he pays to fail to save his wife, A Dark Knight rises but what was the cost? Gordon needs help Gotham has done goofed now, Joker is loose and something is awry, Batman swoops in and strikes Joker KA-POW, No time to poison the water supply. Batman still wears a mask to hide his pain, Wait dude he’s swole and rich is that Bruce Wayne?
Ode to a Four Hour Lecture, By Johanna More
That Guy who talks in Lectures, By Anonymous
I’m itchy Stop coughing I’m restless Stop talking
Dumb questions do exist Tell me you’re taking the piss
You’re rambling I’m seething You’re nonsense I’m leavin
Oh you’re not? So, you’re just a tool? How the hell did you get through school? Get your head out your ass And your ass out of my class I cannot take your voice anymore, You make me angry to the core
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Adriana’s Wild Photo Guide ALSA
Adriana’s Wild Photo Guide ALSA
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Adriana’s Wild Photo Guide ALSA
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Adriana’s Wild Photo Guide ALSA
e to ALSA
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