Carpe Diem 2018

CARPE DIEM 2018

LEGAL HACKATHON 2018 • KARMASUTRA • THE END OF THE LEGAL PROFESSION AS WE KNOW IT • SWEDISH MEATBALLS • THE FUTURE OF INTERNATIONAL ARBITRATION • RAC CARAVAN PARK, CERVANTES • BALANCING HONESTY WITH MENTAL HEALTH • CHILI CRAB

Visit www.allens.com.au/careers, www.linklaters.com/ukgrads and www.linklaters.com/hkcareers to find out more.

CARPE DIEM 2018 Editor-in-Chief

Elliott Schutte

Contributors

Alice Muringe, Nantenaina Rasolonirina, Kashmirra Thevar, Priyanka Philip, Sam Coten, Ajay Sing Sahota, Wendy Treasure, Conrad Liveris, Guoren Ter, Gemma Szumiliak

Designers

Elisha Rayner, Elliott Schutte

Photography

Sam Coten

2018 Publications Team

Daniel Baker, Katie Brakespeare, Matthew Grice, Elliott Schutte

2018 Premium Sponsors

Ashurst, Clayton Utz, Corrs Chambers Westgarth, King & Wood Mallesons, Minter Ellison, College of Law

2018 Supporting Sponsors DLA Piper, Hopgood Ganim, Squire Patton Boggs Š Murdoch Student Law Society 2018 This publication is copyright. No part of this publication may be reproduced or stored by any process, electronic or otherwise, without the specific written permission of the Murdoch Student Law Society. The views and opinions expressed in this publication do not necessarily represent those of the Murdoch Student Law Society or Murdoch Law School.

PUBLICATIONS VICE PRESIDENT Daniel Baker pvp@msls.asn.au MURDOCH STUDENT LAW SOCIETY linkedin.com/company/17920684/ facebook.com/MSLSoffical instagram.com/MSLSofficial www.msls.asn.au

Murdoch Student Law Society

A note from the editor I hope you enjoy the latest edition of Carpe Diem!

Dearest squadfam,

It is my pleasure to present the latest edition of Carpe Diem - a magazine produced for students by the Murdoch Student Law Society.

Thank you to everyone who has contributed to this issue. Writers, designers, photographers, moral supporters, caffeinators, bartenders – your efforts are sincerely appreciated. When schedules overflow, assignments pile up, and the honey badger becomes the bachie, finding the time to contribute is no easy feat.

Law school can feel like a circus. We’re constantly juggling personal and professional commitments while walking the tight rope of maintaining a respectable GPA. The thought of dropping a bowling pin can be terrifying.

On that note, this year’s edition has two objectives. Firstly, to celebrate the extracurricular activities that help us take the ‘next big step’ toward our chosen careers. Secondly, to remind us to stop, understand, and appreciate the people we meet along the way. Whether they’re on campus or overseas, young or old, law students or otherwise – these people will help us navigate the circus and spawn friendships which can last long after graduation.

So crack a tin, have a flick, and enjoy the ride!

ELLIOTT SCHUTTE Editor-In-Chief Carpe Diem 2018

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Carpe Diem • 2018

ENJOY YOUR INDEPENDENT SPIRIT WWW.CORRS.COM.AU/GRADUATES

Corrs is a place that celebrates individuals. We’re looking for spirited, determined graduates who think big and like doing things a little differently.

In exchange for your energy and commitment we’ll provide extraordinary learning and work opportunities here and on an international stage.

If you want more, visit corrs.com.au/graduates

Contents

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DEAR DIARY So, what’s the deal with Wendy Treasure?

LEGAL HACKATHON 2018 Learning by innovation.

SWEDISH WONDERLAND Surströmming for days!

INDIA: A LAND OF CONTRASTS Karmasutra, Krishna & Kirby J.

SINGAPORE SLOG Elbows out on the MRT.

HITTIN’ THE ROAD An Australian road trip in the key of Toto.

THE END OF THE LEGAL PROFESSION? Is it all doom and gloom?

THE QUESTION OF DISCLOSURE The impact of honestly on our mental health.

An orientation snapshot Murdoch Student Law Society

In exchange for a warm can of emu export, 56 new law students completed a survey during orientation day. This is their story.

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Carpe Diem • 2018

Only

30%

Was your decision to study law

inuenced by a

are 'cat people'

TV show?

Disappointing.

79% are female

54% are single

32%

have been handcuffed...

64% said yes

14%

Have a previous degree

32% are 'mature age'

71% Want to be involved in the law school community

Murdoch Student Law Society

Dear Diary A self reflection exercise by the infamous Wendy Treasure

D

ear Diary, Elliott has asked me to write an article for Carpe – about my reputation. I don’t know why. I think I asked, but I can’t remember if he gave an answer… I fear that yet again students are afraid of me. I hate that. I really do. Respect is one thing, but causing fear and anxiety is not what I want.

And yet, ironically, fear and anxiety are exactly what I feel today.

Even though tutoring is my hobby on the side and I have a very different main career, I look forward to my workshops and tutorials. At the beginning of each semester I am excited at the prospect of meeting the new students.

I like first years especially. They are all so shiny and new and have such enthusiasm about studying law.

They come from such interesting backgrounds and have such varied reasons for choosing law at Murdoch.

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Carpe Diem • 2018

Very few of them recognise just how interesting they are, but I do. Not always. Sometimes it takes a while for a student’s personality to come through. In first year they are often so overwhelmed by the new workload and expectation that they say little in class. The curtains are drawn and there is nothing to see. But others sparkle and have an energy that twinkles and glows and then shines through as the semester develops and their confidence grows – or I get to know them better.

Just the other day I found out that one student really is the same person who sings jazz at The Ellington. At The Ellington! That’s awesome. And then there’s the burlesque performer and the elite triathlete. There are others you see a semester or more later and you clock the increase in tattoos or piercings or muscles. I’ve certainly done double-takes over students who have transformed into wondrous, fantastical creatures.

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Aside from the exchange of energy that you get from all smart and keen people, there is a real delight in seeing a first year’s pleasure when they grasp an idea or construct an elegant argument. Seeing a student’s legal reasoning and language grow is a joy to watch. It really is. I deliberately take the formative first year units for that reason. Every now and then a student will say or write something with a turn of phrase that is just delicious. Intelligence is usually a given, but it is the humour and wickedness that make me either try to suppress a grin or burst out laughing. Even as I write this my mouth is twitching at the corners and I am remembering lines. There are times I’ve had to spin away and silently shake with laughter before composing myself and turning back to face a class.

Most students don’t realise how often their classmates go on to become my friends. Good friends; important friends. And no, they aren’t all mature-aged. Just this week two past students helped me with an important job application, another brought me to tears with a compliment and I lunched with another whose generous wisdom is helping me though a particularly torrid PhD stage. Then there are the special shining lights whom I trust implicitly, value greatly and enjoy enormously.

Next semester I’m looking forward to hearing all the return stories from the study abroad trips – Geneva, Macerata – and the side trips to the UK, US and other parts of Europe. I sent several of them off with my travel words of wisdom and life mantras: - No one knows you anyway…

- Don’t be too safe…

- This too shall pass…

- Alcohol is your friend…

- Don’t hurry back; because everyone will still be wearing the same cardigans…

(And no, I don’t really know if that should be a semicolon in the last point. This is my diary entry, not an assignment.)

But Elliott wants me to write about my reputation. Why do you want that, Elliott? The people who like me, like me. The people who don’t, won’t. My mum says ‘you can’t be everyone’s cup of tea’. But still, most people like to be liked. Will writing this change that?

My negative reputation is that I’m intimidating and a harsh marker. Yes, I make people leave the session if they aren’t prepared, but I pretty well always give them

It doesn’t help that my reputation precedes me. I think second & third years enjoy scaring first years - I happen to be an easy tool to use. an alternative session to come to. Yes, I give very detailed feedback. Yes, both of those things can be confronting and unpleasant. But I give plenty of warning that one or both will happen. I mark to whatever marking guide I’ve been given and I want students to know how they can be better next time. Being thrust into a degree where you are expected to read and retain a lot, to think in a whole new way and put that on display in front of strangers whom you may fear are smarter than you, is daunting. I get that. But this is law school.

The sooner a student gets comfortable with all those things, the less stressful their experience will be. And yes, I know that my style adds to that inherent stress.

It doesn’t help that my reputation precedes me. I think second and third years enjoy scaring first years and I happen to be an easy tool to use.

Murdoch is my law school. I want students to be engaged and involved. I want any student graduating to be proud of themselves and confident in their ability.

I want to be proud of them . And I want employers to want them because they know the standard Murdoch produces.

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Murdoch Student Law Society

One of the lecturers calls me the gatekeeper. I come from a farming background and I’ve done plenty of sheep drafting – separating those which are ready for market from those which are not. Drafting sheep is a bit like gatekeeping. Not everyone is suited to law school or ready for university at that particular time. Whatever I do is done to make the student a better writer and thinker so that future markers and employers recognise and reward their work. I might be quoting wrong, but one student put it like this: ‘You really care about us. You care enough to tell us when we suck.’

I wonder if that Elliott is being sneaky and machiavellian by asking me to write the article. Turning a selfreflection exercise back on myself. It’s possible. Am I meant to change my tutoring and marking style? Or is he giving me a chance to present the personality behind the reputation? Either, neither or both might be the case. Would I know how to change my style? No. Would I want my reputation to be different? Yes and no.

I think it’s effective, but this isn’t the forum that I want people to be scared of me – as their tutor or anything else… Jesu!!... What navel gazing! ... Damn you Elliott!

to have confidence in their ability. It’s my reputation I’m putting up; ‘I vouch for this person’, and honestly, I like being able to do that.

If my positive trademark is methodical teaching and thorough, helpful feedback then I’m happy with that.

If final year students and graduates say ‘I still use the structure you taught me in torts’ or ‘Whenever I write something I think “how would Wendy word it?”‘, then I’ve done something right. ….. Well, it’s here… I can feel my heart rate pick up and there’s a fizzing in my ears as if I’m about to faint. Although my cheeks are burning, the rest of me has gone cold. I feel sick. It’s an awful day. The student survey email has arrived and the anonymous knives are about to be plunged. Some lecturers have learned not to read the surveys for this reason. Unfortunately I’m not one of them. If I expect students to read my comments on their assignments, then I have to accept theirs to me.

Will it be a case of going to ground and licking my wounds or has some miracle occurred?

NOTE FROM THE EDITOR

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This isn’t a cry for sympathy. Who complains about a job where your work colleagues (think about it – that’s what students are) take you sailing (my equal absolute favourite thing to do), hike at sunrise with you or invite you for a country bonfire (oh the agony of that perfectly toasted marshmallow falling from the stick to the ground – plop!)? A job where someone’s mother teaches you how to make falafel, someone’s father climbs up Bluff Knoll with you, or someone’s adorable grandmother sends a beautiful teacup and saucer as a thank you. Seriously, how lucky am I??

When it comes to assessments, Wendy expects a lot but gives an absolute truckload in return. I remember receiving my grade from my first ‘Wendy assignment’ like a swift jab to the testes. I deserved it though, and it certainly made me try harder for the next one.

Often first year students think a tutor is an authority figure (or at least that I am) and therefore is automatically someone to fear . In contrast, I look at students as potential stars, colleagues, connections and stellar employees. Who would I recommend for a job, who would I include in a project, who would I help revise a CV or assignment and who would I introduce to my professional network? That isn’t going to be someone I don’t know or who has never spoken up or given me reason

Studying law is hard but working as a lawyer is harder.

University is a time for learning and development - no matter who we are (or think we are) we’re all starting fresh. Personally, I’d rather know exactly where I stand and how I can improve - sooner rather than later.

Carpe Diem • 2018

Instead of being a sourpuss, I ensured I was placed in her torts tutorial the following semester. I soon discovered Wendy has a heart of gold and goes above and beyond to help her students excel. So much so, I’m now proud to call her my friend.

STAY TRUE.

Staying true to your direction is what defines Clayton Utz. We’ve built a culture that’s unlike any other law firm, but don’t just take our word for it. A good lawyer needs compelling evidence so meet our people and judge for yourself. claytonutz.com/graduates

Academic brilliance certainly counts, but graduates who thrive here have something extra – a natural passion for connecting with people and a strong sense of self. That’s what staying true is all about. If you have these qualities, Clayton Utz is for you.

Legal Hackathon 2018

By Kashmirra Thevar

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Carpe Diem • 2018

The Next Big Thing

O

n the 24th and 25th of August, I had the opportunity to host Murdoch University’s first Legal Hackathon. The intense 36-hour competition saw 26 students from the School of Law, Information Technology, and Business, form 6 teams to develop tech-based solutions to deficiencies in the Legal Industry.

The Hackathon was my deliverable as a participant in the ‘Student as Change Agents for Learning and Teaching Program’. The program aimed to incorporate greater critical thinking, innovation and interdisciplinary collaboration into the curriculum. Not only was this achieved, the teams had lots of fun and the event sparked a conversation about students and their roles in advancing the delivery of legal services.

It will be near impossible for me to summate in two pages all that took place over the course of organising the event and especially the 2 days of the Hackathon itself, but I hope this article brings sufficient awareness to the need of more events like these!

The Hackathon The Hackathon took place in the library’s new innovation co-working space - the Launch Pad. After forming groups based on their disciplines, the students got into some challenging ice breakers. Each team

created a sales pitch for a gold fish walker, a squarewheeled bicycle, two-left socks, disposable alarm clocks and scissors made of paper!

Teams were then presented with 14 problem statements such as; transparency in billing fees, minimising administrative inefficiencies, access to justice, and improving the client’s experience. Each team picked a problem to tackle before receiving a pep-talk on the importance of execution from Jeremy Chetty, the co-founder of ‘Student Edge’.

At around 4.00pm, the teams had the opportunity to test their ideas by ‘speed networking’ with our incredible mentors: Callum Fleming – K&L Gates James Illich – Allens Linklaters Brittany Lawtie – Allens Linklaters Julia Scott – Gilbert + Tobin Isis Nair – Beam Australian (ex-Googler) Tim Sondalini – Founder of the Ministry of Data HQ Sarah Bright – Principal lawyer at Women’s Law Centre Sarah McCauley – King & Wood Mallesons The following day, teams got onto refining their ideas and developing their pitch decks before presenting to our panel at the new area called ‘The Loft’!

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Murdoch Student Law Society

The panel consisted of: James Illich – Allens Linklaters Simon Kay – BHP Billiton Nathan Collins – King & Wood Mallesons Shannon Ziegelaar – Boston Consulting Group Catriona McLeod – Cullen Macleod Lawyers The team that took home the ‘Best Idea’ award was Global Citizen – an app that notifies travelers on quirky and interesting travel laws to ensure compliance and a smooth experience when being a ‘global citizen’.

The ‘Best Pitch’ prize was awarded to EASR (Efficient Allocation of Scarce Resources) - a web app alleviating pressure on community legal centres but connecting them with vacant office space where they can perform private consultations.

Takeaways It was incredibly exciting to see students from different faculties go through the challenges of having to brainstorm solutions for an industry they did not have great exposure to. Students spent a great deal of time trying to understand the depth of these problems and client’s/lawyer’s pain points to ultimately devise ways to create practical, unique and scalable solutions.

At a macro level, it is arguable that the legal industry is moving forward and law firms are leveraging

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The legal industry is moving forward and law firms are levaraging technologies to better the client experience and remiain competitive. technologies to better the client experience and remain competitive. However, many problems, both small and great, still exist. Whilst the buzz of innovation has driven a lot of the excitement in the industry, many might assume that Hackathons serve the purpose of creating breeding ground for the next greatest legal tech start up.

However, having a Hackathon for students provides benefits that are broader than just that. It is about understanding technologies, the direction of the industry and being part of a solution-driven conversation that they will hopefully carry through to their professional careers.

Many law students will go on to pursue a career in professional services – whether that be legal, consulting, policy or something else. They will most likely be dealing with clients that have problems that

The Next Big Thing

cannot be solved by anyone other than someone with a legal background. Accordingly, services of this nature (mostly legal services) are akin to healthcare – necessary, yet highly expensive. While I don’t think robots/AI will leave the legal industry in obsolesce anytime soon, there is more that can be done to rid of inefficiencies and create greater accessibility for legal services without costing clients an arm and a leg.

Students – young, energised, risk-averse and hungry to learn, are great agents to move the industry forward.

Accordingly, creating opportunities for students (from all disciplines) to collaborate with lawyers, clients, government and the like is extremely powerful.

Through internships, work placements, and fictional competitions such as client interview and mooting, Murdoch does well to bridge the gap between legal theory and practical skills required in the workforce.

However, increased focus must be placed on understanding how legal services are delivered and how this mechanism can be improved. Further, there is a lot to be gained from both sides of the table.

Our mentors and judges can testify to the learning experience the Hackathon brought them when working with students and having to provide feedback based on their lived experiences in the legal industry.

I hope Murdoch gets to see another Legal Hackathon!

It will be extremely fun, informative and hopefully game-changing.

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countries

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CURIOUS?

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SO WHAT DO THE NUMBERS MEAN?

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Students about town: Tales from studying abroad

Sweden: Fairytales and Fika

By Priyanka Philip

C

hoosing to participate in a study abroad exchange program is one of the best decisions I have ever made. People often talk about how students should make the most out of ‘the university experience’ while they can. Usually, this entails going to lectures hungover after drinking on a weeknight, actively being a part of a committee or guild group and late night study sessions with copious amounts of coffee consumed. A less unknown element of this experience is the opportunity to be a part of an exchange program with a partner university overseas. I may be biased, but by time studying abroad has become one of my most cherished life experiences.

I was as thrilled to be accepted into a program at Lund University in Sweden in their Autumn semester of 2017.

Lund University is ranked as one of the top 100 universities in the world and their law program is taught at a masters level.

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Carpe Diem • 2018

Swedish Culture Lund is a quaint town featuring gorgeous remains of 10th century architecture. During my visit, the university was celebrating its 350th anniversary. This enhanced me experience and opened my eyes to the beautiful Swedish culture. The Swedes love celebrating every occasion, and usually have a festive song to go with the event. I loved living amongst a forward-thinking country where everyone is so environmentally conscious and genuinely cares about their surroundings. For such a progressive country, both in their lifestyle and societal norms and attitudes, it was pleasant to see old heritage and an appreciation for maintaining the rustic charms in the town still present.

I enjoyed the Swedish custom of having a ‘fika’. Fika involves taking some time out to sit with your friends, enjoy some coffee and a cinnamon bun. Fika allows a brief escape from responsibilities in order to focus on

The Next Big Thing

personal connections - something that is easily overshadowed by our busy lifestyles. Fika is just one example of how the Swedes make an effort to prioritise mental health, a cultural quality I admire.

Coming from sunny Australia, adjusting to a Swedish winter was a challenge. The cold weather was worth it though - to see snow covered grounds and beautiful outdoor Christmas decorations made me feel like I was in a movie.

I enrolled in ‘Comparative European Legal History’ and ‘Global Legal Cultures’ - both very different from the electives I had completed at Murdoch. Being in Sweden was a thrill in itself, but the content, style of teaching, and overall study experience was just as as exciting.

Anyone studying at university should study abroad. It’s incredibly eye opening and you gain so much more than you could ever imagine.

University Life In my first unit, I learned about the history of legal systems in Europe, with a particular focus on the civil law system. We explored penal law, corporate law, constitutional law and the effect of a combined European Union legal system. In the latter half of the semester I had a more interactive, workshop style, class where we compared Talmudic, Chthonic, Hindu, Islamic, Asian and western legal systems - past, present, and future.

Learning amongst fellow students with such diverse, international, backgrounds made the experience all the more worthwhile. Many were able to provide valuable input based on first hand experience.

acquired is so valuable in a practical realm and to the future of my career.

For a lack of sophistication, my time in Sweden fits every corny ‘life changing’ cliché. However, to deny such clichés would be unfair as they are too inevitably true.

Even when I was occasionally homesick, I loved every minute. Plus, it feels pretty great to be able to say I lived in Sweden for six months. I can’t express how much anyone studying at university should study abroad.

It’s incredibly eye opening and you gain so much more than you could ever imagine. I would go back and do it all over again if I could.

Go on exchange - it is 100% worth it.

The course structure allowed a significant degree of autonomy. Assignments offered room for various interpretations and encouraged students to draw from our native experience. While I can’t directly relay what I learned into my core studies here, the knowledge I

For more information on exchange programs please contact Jeannette Geesmann j.geesmann@murdoch.edu.au

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India: a land of contrasts Murdoch Student Law Society

By Sam Coten and Ajay Singh Sahota

During the summer break, Sam and Ajay embarked on the ‘New Colombo Plan: India immersion program’. They completed an elective unit while enjoying all India had to offer. It also gave Ajay the chance to return to his ancestor’s village.

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M

any attempts have been made to describe India: third-world; a global powerhouse of organised chaos; colourful and povertystricken. It is this inconceivable culturally-rich paradox, that can only truly be described in contradictory terms.

More often than not, any attempt at defining just what India is, and how it works, will fall short of accurate.

the largest Indian law firms).

In January 2018, a selection of students from Murdoch Law School had the pleasure of being welcomed to Jindal Global University, situated in Sonipat, India. Over the course of the three week program, we found ourselves exploring all the treasures of India.

Justice Chandrachud, the sitting Judge of the Indian Supreme Court, gave a very wise comparison of Indian and Australian Constitution with special focus on how human rights are protected under both jurisdictions. Shashi Tharoor, an eminent writer, speaker, and

We had the pleasure of listening to Justice Kirby twice - firstly at O P Jindal University and secondly at the Law Institute of India. It was fascinating to hear about his road trip across India in the 1960’s and his relationship with Indian Judges.

Outside the temple, hundreds of people were begging for food.

Inside, people were offering huge amounts of cash and gold to the the ‘temple idols’ in order to appease the Gods. Confusing.

Most of us didn’t know anyone/each other before arriving at JGU. But, after a day or two, everyone felt like we’d been friends for a lifetime. It’s hard to know what made us click so easily, but it probably had something to do with our love of challenges. India was rife with challenges; the challenge of eating extremely spicy street food, trying local wines, proving our negotiation skills, surviving Delhi’s pollution, and the challenge of getting from Amristar to the India-Pakistan border in thirty minutes (which definitely would’ve taken an hour if it weren’t for Ajay’s supreme Indian driving skills). Above all, the trip embodied a work hard, play hard, mentality.

University Life Lectures were delivered by renowned academics and professionals including; the Honourable Justice Michael Kirby, Shashi Tharoor, Justice Chandrachud, and partners from Shardul Amarchand Mangaldas (one of

member of parliament, bravely and honestly described the challenges facing modern India. The partners from Shardul Amarchand Mangaldas provided valuable insight into the life of an Indian lawyer.

The lecture on ‘India and society’ gave us a reasonable understanding of India’s complex ‘caste’ system. We were shocked that such a system exists in the 21st century. This prompted us to compare the Indian government’s treatment of lower castes with the Australian government’s policies on Aboriginal welfare.

Odisha and Jindal Steel Plant Generally, I am not fan of long journeys. However, the two hour flight from Delhi to Bhubaneswar (Odisha) followed by the five and a half hour drive from Bhubaneswar to Angul was wonderful. Odisha was totally different to north India both geographically, culturally, and otherwise. It was like visiting a different country.

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Murdoch Student Law Society

Furthermore, it was an honour to witness the masterful 13th century architecture of the Konark Sun Temple - which is probably better referred to as the Kamasutra temple. It features hundreds of sculptures depicting various sexual positions and scenarios. According to the tour guide, each sculpture has different public message - it was like a sexual enlightenment!

From Konark, we drove another four hours to the Jindal Steel Plant in Angul. Jindal Steel - part of the eighteen billion dollar Jindal Group. This is but one example of India’s huge manufacturing industry, which faces equally large challenges with respect to their ‘corporate social responsibilities’. Here, we heard from Jindal’s employees about their experience as steel industry workers and had the opportunity to hear Jindal’s plan to rehabilitate the original land owners.

The Taj Mahal Singing, dancing, and good vibes made the journey from Sonepay to Agra a lot easier. Upon arrival, we

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Carpe Diem • 2018

[The Karmasutra temple] has hundreds of sculptures depicting various sexual positions... It was like a sexual enlightnment!

greeted by the glorious seventeenth century architecture of the Taj Mahal. After seeing it in person, I had no doubt it was indeed a ‘wonder of the world’. After basking in the Taj’s glory, we ventured into the Iskcon Temple in Vrindavan. Here, we witness the extent of religious blindness in India. It was confronting to see extreme poverty outside the temple - hundreds of people were begging for food or rupees. Inside, on the other hand, people were leaving valuable including gold and huge amount of money infront of ‘idols’ to appease the associated God. It was sad to see such a

The Next Big Thing

huge gap between rich and poor.

This is a kind of program is a ‘must do’ during one’s student life, or life in general - it really was an eye opener. Everyone involved felt the same way - they absolutely loved it.

Get out of your comfort zone, go study abroad.

The New Colombo Plan Scholarship Program provides opportunities for Australian undergraduate students to undertake semester-based study and internships or mentorships in 40 participating Indo-Pacific locations.

For more information on all Colombo Plan Scholarship Programs, please contact: Jeannette Geesmann j.geesmann@murdoch.edu.au

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Singapore Slog

By Guoren Ter

D

uring the summer of 2017, I completed an internship in a boutique law firm in Singapore. Although Singapore barely spans 50 kilometers east-to-west, it is the fourth largest global financial centre,1 a major international transport and logistics hub, and is home to one of the largest networks of trade agreements in Asia.

I was assigned to the corporate practice area which dealt with various cross-border transactions between with emerging economies such as Indonesia, Vietnam, Myanmar (formerly known as Burma) and China. I was involved in matters surrounding international mergers and acquisitions, capital markets and joint ventures. I also conducted research on how the Singaporean firms might capitalise on their strategic location to engage with economies involved in China’s ‘Belt and Road Initiative’ - a mega project to revive ancient trade routes linking China to Europe, Africa and Asia.

Working life in Singapore My day began by squeezing into the MRT alongside millions of others and travelling to Singapore’s central business district.2 Occasionally, due to the sheer volume of commuters, finding space involved waiting until the third or fourth train. Fortunately there were only two or three minutes between each interval!

Long working hours are often part and parcel of the legal profession but Singaporean firms take this to cliché to the next level. On a good day, work ended at around 7pm. On a bad day, around 11pm.Jostling for personal space didn’t end on the MRT - finding a seat to eat lunch was no easy feat. Food centres rarely had enough seating to cater for the massive number of hungry workers. To make matters worse, Singaporeans have a habit of reserving seats by placing personal items, such as name cards or tissue packets, on their desired table or chair.

Although it was challenging at times, I would highly recommend pursuing an internship at a Singaporean firm. The knowledge, skills, and experience I gained was priceless. As Vice President of the ‘Singapore Law Society of Murdoch’, I would gladly offer advice and assistance to any student wanting to follow in my footsteps.

For more information on internship oportunities in Singapore, please contact singapore.law.murdoch@gmail. com 1 Global Financial Centres Index, 2017.

2 https://data.gov.sg/dataset/public-transport-utilisationaverage-public-transport-ridership.

Murdoch Student Law Society

Hitting the road

By Alice Muringe and Nantenaina Rasolonirina This is the tale of a short road trip taken in March 2018. The travelers were Alice and Nantenaina (postgrad mining students from Africa) alongside Sam, Elliott, and Phoebe (Murdoch law students). The common thread: Wendy - law tutor and mining student mentor.

Elliott and Wendy were the drivers, Alice was in charge of music, Sam was in charge of ensuring all snacks contained no traces of nuts.

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The Next Big Thing

N

antenaina (aka 99): Coming to Australia is a dream come true. Not only is the quality of its education very high, but it has beautiful beaches, infinite land, and amazing, generous and knowledgeable people.

After one year and several months in the land of down under, we hadn’t seen much! By the end of 2017 we were so tired from our assignments and exams that, rather than using our break to explore Australia, we opted to return to Africa and recharge our batteries.

We were due to return in February to complete our last trimester and then go back to Africa for good. It seemed like our time in Australia would have no famous surf and no great adventures...

Fortunately, Wendy, our dedicated mentor, asked if we had seen much of Western Australia. We hadn’t.

She thought it most unfair to stay in Perth for more than a year without exploring some famous Western Australian sights. The idea of road trip with some of her students from Murdoch University was born. We met Elliott and Sam one Saturday afternoon and closely examined Elliott’s huge map of WA to decide the route We needed a mini road trip – a test run - to somewhere

affordable, but at the same time interesting and feasible.

Alice: So apparently every snack you can think of ‘may contain traces of nuts’! I find it difficult enough to be an adult, now I can’t even enjoy a snack without having to deal with the nut police!? These were my thoughts as we tried to get snacks for The Road Trip.

Just a little context; I am/was an international student from Kenya on an Australia awards scholarship to study a MSc in Mineral Economics at Curtin University.

Nantenaina (99), my fellow international student from Madagascar, is on the same scholarship and enrolled in the same course. At that point we had been in Australia for about one year and all we had seen was Perth CBD. Sad, I know. Wendy agreed.

The gem of a person that is Wendy Treasure had been assigned by Australia Awards to mentor us through our study and award experience in Australia. Our lame excuse for our poor social lives was that our course was very intensive and left no time for fun! This was largely true. However, in retrospect, we could have made a bigger effort to build stronger relationships with those

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around us. Thankfully, Wendy had our best interests at heart and just like that, The Road Trip was born. She introduced us to the amazing Sam, Elliott and Phoebe from Murdoch Law School, who jointly put together the 3-day trip. Our instructions were to bring clothes, music, a sleeping bag and mat if possible, and our choice of road trip snacks. The only restriction was definitely no nuts as our lovely Sam is super allergic to them.

New Norcia: Of EpiPens and priests in red Ferraris…

The trip…

As we picnicked in one of the lush gardens, a longhaired pre-priest who also happened to be staying at the monastery caught our attention. Given the modest lifestyle associated with monks, and by extension monastery staff, the flashy red ferrari he was driving was a somewhat unusual choice of car, we thought. But who were we to judge. While he probably had many likes, including flashy automobiles, I can tell you that the sound of people softly chatting while he tried to sleep was not one of them.

The plan was; • Day 1. Drive up to New Norcia, via the wine and food region of Swan Valley (and one of its chocolate companies). Stay at the New Norcia monastery (a Benedictine monastery and town). Get a bit of culture, art and some serious stuff like history and spiritual contemplation.

• Day 2. New Norcia to Cervantes. Stay at the glamorous RAC camping facility. Get up verrrrrrry early to see the Pinnacles at sunrise and the breathtaking view at Nambung National Park.

• Day 3. Cervantes to Perth via Lancelin. Of course, some of us did some sandboarding…

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New Norcia, the only monastic town in Australia, had a rich history to offer. Other than learning about its establishment and the role it played in the advancement of education in [then] remote WA, we also enjoyed the historical art and Christian relics displayed in its museums.

Mr. Ferrari was not particularly happy with our afterdinner chatter and insisted that we hush our voices.

To quote; “I know how excited I get when I’ve had a drink, but please try and keep it down– we have to

The Next Big Thing

e m a g The hanged. has crt of it.

Be pa hanger

sgamec #minter

Graduates who join MinterEllison have the opportunity to change the game when it comes to their future and career. graduates.minterellison.com MinterEllison minterellisongraduates minterellison www.msls.asn.au

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Murdoch Student Law Society

get up at 4am to pray.” Considering there was wine and whisky involved, you can imagine how the hushing of voices went.

tequila shots, a sunrise visit to the Pinnacles, and the drive back to Perth via Lake Thetis and Lancelin, there was never a dull moment.

In the midst of trying to make Mr Ferrari happy and avoid his knocking on our door for the millionth time, we noticed a certain change of skin colour on the amazing Sam that seemed to be more than just the warm fuzzy feeling caused by the wine. Turns out that our dinner had slipped past the nut police! After all the effort trying to find snacks, it’s the dinner (which by the way the chef insisted had no nuts) that would get him?! Luckily, he had his EpiPen with him. Although getting Sam back to health involved more laughter that it should have, it was an important reminder bout the importance of basic first aid knowledge (including how to use an EpiPen). Your knowledge could save a friend’s life. As it turns out, it was another Murdoch law student who saved the day - via phone. Sam and Wendy’s friend Amy is a nurse and had just come off duty. Thankfully, she was able to help him identify whether he was really going into anaphylactic shock…

(Spoiler: He was).

Cervantes beach is really beautiful and we swam till dark. After two days of driving it was nice to chill, chat

The rest of the trip was quite eventful, but in a much less stressful way. Our destinations were Cervantes beach and the massive sand dunes at Lancelin. In between learning to put up tents (law students AND mining students are REALLY bad at setting up tents…), midday

and watch the sky change colours. 99, Sam and Wendy were still there at dusk when they spotted a fin about one metre from the shore line. Something was fishing – either a shark or a dolphin, they hoped it was the latter!

Camping by the beach in March is freezing! Especially if you go to bed after midnight. Getting up before daylight was very hard, but Wendy was determined that we see the shadows, shapes and colours of the Pinnacles as the sun came up. She was right, but some of us had to go back to bed after…

Late nights and lots of laughter followed - especially when Elliott, probably the most experienced driver, got bogged. Wendy reckons that was her favourite bit. - of all the people for it to happen to. Some of us tried to offer our not very helpful advice however it was drowned out by Wendy’s belly laughs.

Phoebe led the sandboarding charge at Lancelin.

The sand dunes are big and white and perfect for the

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The Next Big Thing

Alice: Trips like this are vital to mental well-being and building friendships. In the age of social media, it is becoming harder and harder to make personal connections. Think about it, when is the last time you had a real conversation with your friends, that did not involve the internet, sharing memes, cat videos or ‘did you see what person X posted on instagram yesterday…’ talk?. This has resulted in a growing lack of proper social support systems around us, making us more prone to mental conditions.

beginner. Elliott was game to try, as was Alice. Sam took photos. Wendy laughed. 99 offered encouragement.

Natenaina: Wendy, Elliott, Sam and Phoebe are funny fellows that made our trip unique and very Australian!

Three days is’t long, but it was enough to discover a part of Western Australia, to understand some Aussie slang, and to learn more about Australian culture. We could also show our Australian peers how similar, and how different, life in Kenya and Madagascar can be.

A Message to Australia Awardees Living in a different country can be an amazing experience if you how to make the most of it. Australia has so much to offer and explore and its people know how to make you feel home. A road trip like this is a must and should be part of any international student‘sAustralian journey. We are very grateful to have met these four people and encourage other awardees to meet and to mix with people of different countries and of different cultures. Dare to share and gain experiences in sharing!

These dudes are still willing to meet other international students and to organise another road trip again - I can tell that I am sad to miss that next one, but I do hope you will be part of it! Cheers!

Recent studies show that there is a general increase in depression and mental illness among university students, especially international students. Being away from loved ones for long periods of time is difficult enough. Having to adapt to a new lifestyle in a foreign country while dealing with a new study system, unusual workloads and language barriers can be quite daunting. Having a support system, friends you can talk

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to, and explore with will help a great deal in ensuring your general success in life.

Most of us (international students) get excited over the thought of living and studying abroad. We think of how wonderful life will be, all the new friends we will make and all the social activities we will engage in. Unfortunately, this is not always the case. It often comes as a shock to us how difficult it is to fit in. Even more so for older graduate students like us. This is understandable - Research suggests that at a certain age it becomes almost impossible to make new friends.

However, being conscious of this and with some effort, these difficulties can be overcome.

Take a break…

Today, we are surrounded by so much ‘noise’ it gets difficult to pick the important from the trivial. What to do then? Take a break, find time away from studies and the pressures of life to unwind and recharge. Travel. See and experience all that is ‘Straya. Trips don’t have to be expensive. Travel in groups, do the simple things, cost share; you will be amazed how much you can get done when you pool ideas and resources together.

Don’t let life pass you by, Live a little!

Wendy: It was a brilliant trip. I learned a lot about a lot.

Amazingly, we all still want to do it again! The plan is to do a longer trip with more law students and more mining students. So often international students don’t get to meet locals. So often locals don’t have an appreciation for what life is like elsewhere – particularly

in African countries. Depending upon the level of interest (and who is prepared to help organise), the next road trip will be sometime soon after semester one exams next year and will be in the areas known as the Great Southern and the South West. As much as possible we want to keep costs low so that will mean camping and staying in fairly budget accommodation, cooking our own food and generally pitching in together to light fires, put up tents etc.

Sam, Elliott and I have already started planning. We’re thinking sheep sheds, vineyards, pub bands, sailing, farmers markets, whale watching, abseiling, scone making with the CWA, breweries, sale yards, surfing, mountain climbing, fishing…

You in?!

If you’re keen to become a road warrior (or if you have some connections in the Great Southern) please contact wendytreasure@yahoo.com

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Murdoch Student Law Society

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Where work is never dull

A unique culture and a place where people love to work HopgoodGanim enjoys a reputation as a firm where people love to come to work.

We nurture a flexible working culture that acknowledges there is life outside the law. We also offer our people challenging and interesting work with a national and international client base and the chance to learn from industry-leading practitioners who are experts in their fields.

Our two year graduate program includes a structured professional development framework to provide our graduates with the right mix of technical training, personal development and commercial acumen.

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Carpe Diem • 2018

Find out more Web Facebook Instagram Twitter

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Your Working Lives at the Forefront of Change An opinion piece by Conrad Liveris

T

he legal profession is going through massive change. You may not glean it from their glossy recruitment and marketing material, but the big law firms are scared. Their business model is fading, you could even say it is under attack.

Research from Citibank finds that more specialist services will be sought after and the number of big fullservice firms will shrink. It’s a fusion of clients building their own in-house teams and niche competitors emerging, among other reasons, that are changing the structure of the profession.

But that isn’t news to you, you’ve been seeing them grapple with this by bringing on fewer graduates. They are doing this by outsourcing more work and requiring less from junior lawyers. Law firms are using technology to expedite processes and analysis, giving clients faster answers. What used to take a graduate lawyer

hours can now be done in an actual click of a button.

On top of this, universities across the country are producing lawyers in record numbers. That’s not a perfect storm, it’s a tsunami of drama.

However, I am confident that many of you will prosper in the law and will find a path that works for you - it just won’t look the way you think it will.

When I look at the broader labour market I see tremendous change, more than what the professional services firms are experiencing. An increase in the part-time, contracted and casual workforce, significant layoffs, and technology which entirely decimates roles and jobs. These are teething problems.

We are midway through a journey to a different way of working. Independent professionals posessing a wider range of skills will emerge.

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Last year I was working in Washington DC and met with people planning the future of work. They spoke to me about mixed-method incomes. They told me that the next generation of careers, the ones you are about to start, will combine projects and contracting alongside traditional workplaces.

This means you will spend only part of your time working on legal issues. The remainder of your time might involve applying those skills in a different way - perhaps in academia or public policy. Then, you might work on a project in a completely different field. Perhaps as a journalist, or in marketing, or maybe you’ll be one of these people who starts a world-changing startup.

You will be known for being very good in one area of law, and able to contribute general legal skills across other areas.

This method of navigating a career departs significantly from the traditional legal pathway. There’s less structure, more freedom and you are largely self-directed in the work you seek.

The leading indicators keep showing that being a lawyer on its own just won’t be enough.

One friend of mine is taking a sabbatical from law. An administrative law specialist, she takes on complex regulatory projects that typically last three-to-six months at a time. Once these projects close she normally takes a project that revolves around policy review and communication of complex topics. She is on the forefront of this new way of working for lawyers, but it’s giving her the balance and income she desires.

This is probably radically different to the way you expected your career to go.

What I can confidently say is to hone the skills that you transfer to different projects and are expected of lawyers. Everyone likes lawyers for their analytical skills, so start there. As you are doing this, find a specialist skill set that will set you apart. There are certain law firms that attract work because of their expertise, and increasingly that will be the case for other professionals

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Carpe Diem • 2018

too. Again, this is a big change to what you expected.

It is natural that you feel easy and unsure of the future.

There will be times of despair and time where you might question your choices. You might lie awake at night wondering whether you should have done computer science instead. Then realise that you really are quite bad at maths.

You are experiencing the future of law first hand.

In all of this, these changes will give you greater freedom and a new lease on what it means to have a law degree. You will have greater ownership over where you live and work, you will also have more choice about the work you take and the people you work with.

As soon-to-be law graduates you should, genuinely, be optimistic about your future. By successfully completing the degree you prove your intellect and capacity higher thinking.

What you need to do now, however, is find what else you will bring apart from your law degree. I don’t mean further study necessarily, but other experiences and skills which can aid your career.

Your degree will open many doors for you. You just need to find which doors you wish to go through and what contribution you want to make.

Conrad Liveris is a corporate adviser on workplaces and risk. He is considered an expert on workforce changes, and has worked with professional services firms to improve their management and HR processes.

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International Arbitration in Western Australia what is happening now and what lies ahead?

From the perspective of a Western Australian lawyer and for the benefit of university students who are interested in international arbitration, this article provides a short overview of what is happening in the world of international commercial arbitration, both now and in terms of what the future holds. This article also provides insight into Allen & Overy and what it has to offer young lawyers looking to begin their legal careers.

What is international arbitration?

By way of brief introduction, international arbitration is a form of dispute resolution that is often used to resolve crossborder disputes. Commercial entities may choose to resolve their disputes by arbitration. In such a case, the right to arbitrate is by agreement or consent, which is usually contained in the parties’ contract. Investors may also use arbitration to resolve a dispute with a foreign State. In this instance, the right to arbitrate derives from a treaty between the investor’s home State and the foreign State.

There are numerous reasons why commercial entities may prefer arbitration to litigation, including: the enforceability of the final award, the ability to choose a neutral forum, the procedural flexibility, the ability for the parties to choose their arbitrators, and the confidentiality of the dispute and the award.

A typical international commercial arbitration will generally involve a dispute between two or more major commercial entities. These commercial entities may come from countries with very different cultural, political and economic backgrounds, and may include countries with developed economies such as Australia, Singapore, or Japan, or countries with developing economies such as many South East Asian or African countries. This dynamic can create a melting pot of culture, politics and economics, which often creates a high-stakes environment with an exciting international dimension. These dimensions have led some to speculate that if James Bond were to practice law, he would practice international arbitration.1 So what disputes are resolved by international arbitration? International arbitration is most commonly used in the energy (predominately oil and gas) and the construction/infrastructure sectors.

Traditionally, the finance sector was hesitant to embrace arbitration because

it was considered to be too timely and costly a way to resolve straight forward money claims. However, in recent years there has been a shift in the finance sector towards arbitration as the market started to realise that arbitration can provide financial institutions with a competitively quick and cheap way to dispose of claims, including by using summary procedures. Confidentiality has also been an increasingly attractive reason given interest and controversy surrounding the practices of financial institutions.

More broadly, international arbitration is generally recognised as the preferred means of resolving cross-border disputes; particularly where those disputes concern projects or operations in emerging markets where foreign parties cannot (or do not want to) rely on the local courts to provide a fair hearing and/or a judgment that can be enforced locally or abroad.

International arbitration in Western Australia: locally and regionally Although some may say that Perth is something of a sleepy, country town in Western Australia, international arbitration is booming. This is due to the mining and resource projects in the area, and also because of Western Australia’s opportune positioning in the Asia Pacific (APAC) region (both on the map and on the clock), which gives it greater access to the international arbitration hubs of Singapore and Hong Kong.

Western Australia now has its own international arbitration institute (PCERA) that distinguishes itself from the other institutes on the basis of its focus on energy and resources disputes.

Western Australia Western Australia and its neighbouring Northern Territory are home to many major, multi-billion dollar projects in the energy and resources sector; particularly gas projects and iron-ore mines. These types of large-scale projects often involve large international companies because (a) foreign investors

have been attracted to the booming market (perhaps more so in years gone by); and (b) these projects often require specialised technical expertise and a large pool of funds that is not always readily or competitively available at home.

By virtue of this foreign investment, and the large scale of these projects, disputes arising from the construction of these major projects have featured prominently in international arbitration.

Although the disputes are often between the principal and contractor parties in relation to project cost overruns and delays, disputes in the construction context can often include multiple parties under multiple related contracts.

Upon completion of the construction of these major projects, the projects will enter their ‘operations’ phase (indeed, many already have). During operations, a different stream of disputes can arise.

For example, disputes between: – joint venture partners about how the operations are being run; – buyers and sellers under the terms of off-take agreements in relation to the quality or quantity of the commodity being produced, or, in the long-term, whether the price of the commodity should be reviewed or renegotiated to reflect changed market or other conditions; – operators and service providers about the ongoing and proper maintenance of the project’s infrastructure; and – existing, incoming and/or exiting commercial entities following renewed M&A activity as investment and ownership in the energy and resources sector adapts to the evolving global market.

Regionally More regionally, China’s ‘One Belt One Road’ initiative provides potentially enormous opportunity for Western Australian lawyers. This initiative, which has been estimated to involve a capital cost as high as USD4 to USD8 trillion,3 seeks to connect Asia with Europe as well as Africa and Oceania, by way of one overland route and one maritime route. If successful, the One Belt One Road initiative will generate economic growth in the trade, manufacturing, cyber and tourism sectors of many developing economies in the region.

The scale and quantity of disputes that are likely to emerge from the One Belt One Road initiative is vast, and many of these disputes are likely to be resolved by international arbitration.

However, international arbitration’s role in the APAC region extends much further than just the One Belt One Road initiative. Numerous economies in APAC are experiencing significant economic growth by exploiting their national and natural resources on the international market. Given that foreign investors typically resist the national courts of these developing economies, foreign investors are likely to continue to resolve their disputes by international arbitration.

Blake Primrose

And perhaps this is where the most exciting change to the international arbitration market in Western Australia has taken place: international businesses are increasingly instructing law firms that operate in Perth but which have an international network of lawyers who are capable of resolving complex international commercial and investment arbitrations in respect of projects and disputes that exist outside of Australia.

Arguably, this change reflects that the international business community has developed a high degree of confidence in Australian lawyers. If this trend continues, then there will be plenty more opportunities for young Perth lawyers to engage in truly ‘international’ international arbitration.

So, what can Allen & Overy do?

Allen & Overy has one of the world’s leading international arbitration practices and a long track record of achieving successful outcomes for its clients in high-value, complex disputes.

Allen & Overy’s lawyers draft and negotiate arbitration agreements, enforce arbitral awards and act as counsel in international arbitrations under any legal system, anywhere in the world. Allen & Overy has experience in conducting arbitration proceedings

Michael Neumeier

under all of the major institutional and procedural rules, including the AAA, HKIAC, ICC, ICSID, LCIA, UNCITRAL, SIAC and SCC. Several partners of the firm are leading advocates in disputes under these rules and also act regularly as arbitrators.

Allen & Overy acts for a wide ranging and diverse client base, including commercial entities, financial institutions, entrepreneurs and private individuals, governments and government agencies, national and international governmental organisations, and non-governmental organisations.

Allen & Overy also has one of the world’s leading practices in the growing field of representing investors and states in arbitrations under bilateral and multilateral investment treaties before ICSID and other arbitral bodies.

Allen & Overy has a vast APAC network, with lawyers in the major international arbitration hubs – Singapore and Hong Kong – as well as in Perth, Sydney, China, Vietnam, Japan, Indonesia and Thailand. As the firm continues to encourage its lawyers to work with each other across the APAC network and beyond, young lawyers at Allen & Overy will get real hands on international arbitration experience in disputes from Asia and at home.

“This dynamic can create a melting pot of culture, politics and economics, which often creates a high-stakes environment with an exciting international dimension.”

1. Catherine Rogers, ‘The World is Not Enough’, Kluwer Arbitration Blog, 6 November 2016, available at http://arbitrationblog.kluwerarbitration.com/2016/11/06/the-world-is-not-enough/ 2. Available at http://www.arbitration.qmul.ac.uk/media/arbitration/docs/2018-International-Arbitration-Survey---The-Evolution-of-International-Arbitration.PDF 3. Deloitte Insights, Embracing the BRI ecosystem in 2018: Navigating pitfalls and seizing opportunities, available at https://www2.deloitte.com/content/dam/insights/us/articles/4406_Belt-and-road-initiative/4406_Embracing-the-BRI-ecosystem.pdf

Allen & Overy means Allen & Overy LLP and/or its affiliated undertakings

Careers at Allen & Overy Visit us at allenovery.com/careers Join us on LinkedIn

Murdoch Student Law Society

2018 Competition Winners Junior Trial Advocacy Alex Di Rosso

Senior Trial Advocacy

This junior competition sure did heat up with Alex and Troy going head to head for the title of champion. In an exciting display of skills that came down to the final bell and Alex managed to take out the title.

The intense competition between Sean Ayres and Elisha Rayner was a spectacle to behold and provided great entertainment to all.

Congratulations to Elisha for taking out the top spot.

Elisha Rayner

Senior Mooting Rueben PembertonOvens

Senior Client Interview Monica Vu & Troy Gittos

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Rueben took out the top spot in a heated display of advocacy skills, showing everyone how it was done. Since then, Ruben has competed in the championship moot at ALSA and the Kirby contract moot - where the team won the best written respondent memorandum award.

In a great display of interviewing skills, Monica and Troy took the win in a soccer themed interview with plenty of delicious Easter eggs.

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Negotiations Kevin Jarret & Candice Jonker

Junior Client Interview Jessica Ellin & Noran Elwafai

A question of dodgy business practices and backroom dealings kept the whole room captivated as the teams battled to secure the best deal for their clients. In a close final, Kevin and Candice took the win with an amazing display of highpressure negotiating.

The show stopping performance from both teams made for an incredible night. Hoever, Jessica and Noran blew everyone away with their skills - demonstrating an incredible standard of professionalism in the early days of their degrees.

ALSA 2017 A big congratulations to the team who represented MSLS at the 2018 Australian Law Students Association conference in Adelaide.

The team this year comprised of

Andy Hunter and Marche Bantum (negotiations), Rueben PembertonOvens and Timothy Wrathall (Championship Moot), and Elisha Rayner (Witness examination).

MSLS would like to thank all the competition sponsors for giving students the chance to compete and continue developing practical skills, and thank you to the judges for all their donated time and effort.

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The Question of Disclosure

By Gemma Szumiliak

A

lot of university students struggle with mental health issues, some not realising that they may have a mental illness. That sounds scary. But what can be scarier is ignoring it and allowing it to overtake your life. Seeking help is a way to prevent that from happening, by learning how to manage the symptoms.

Seeking help is also a massive step to take but it is a step in the right direction. It can be terrifying and overwhelming. Admitting to anyone, even yourself, that you are not coping – it goes against every social instinct we have, particularly as law students. We are supposed to be high achievers. If we’re not severely stressed out, we aren’t working hard enough. Having a ‘mental breakdown’ is trivialised to the point that we laugh about it regularly and create memes about it. However, if we acknowledge that those memes are perhaps a little too real we tend to see ourselves as weak, incapable of succeeding in the industry, and generally not good enough.

Seeking help can also be a huge relief, can give you hope and it can be the first step in developing good mental health practices that will stay with you for life.

Confidentiality laws ensure that no one else has to know, in theory. However, a lot of students are concerned that seeking help – and potentially receiving a diagnosis – places an obligation on them to disclose that diagnosis when it comes to being admitted to legal practice.

Disclosure: Myth or Obligation?

Students studying law may have heard somewhere on the grapevine that they are required to disclose their mental health status when being admitted by

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the Supreme Court. As a law student, this author had previously come across conflicting information in that regard. Discussions with Murdoch Counselling and an anonymous survey on mental health issues revealed a tendency for law students to avoid seeking help for potential mental health issues due to an explicit fear of the obligation to disclose. The logic seems to be that once one has sought help, and received a diagnosis, they are obligated to report; if they don’t seek help and do not receive a diagnosis, that obligation isn’t so strong. Putting aside the ethical issues involved in whether an official diagnosis really changes the obligation level, this article endeavours to explore relevant commentary and law that may help clarify the issue of whether mental health status must be disclosed when being admitted.

Disclosure laws across Australia vary somewhat between states. Victoria’s Board of Examiners has specific guidelines regarding capacity, wherein ‘material mental impairment’ must be disclosed under the requirement for an applicant to be a ‘fit and proper person’.1 Similarly, Western Australia’s Legal Profession Act has a ‘fit and proper person’ requirement,2 however, there is no definition of what that entails. The Guidelines do refer to a list of ‘’suitability matters’’ set out in the Act,3 in which there is also no mention of mental impairment. The suitability matters are those which the Board may consider in determining whether an applicant has capacity to carry out ‘’the inherent requirements of practice’’.4 The Act also allows for the Board to consider ‘’any other matters relating to the person’’ that the Board deems appropriate,5 casting a seemingly infinitely wide net for what should be disclosed.

1 2 3 4 5

Legal Profession Act 2004 (Vic) s 1.2.6(1)(m).

Legal Profession Act 2008 (WA) s3(b).

Ibid s 8(1).

Ibid s 8(1)(m).

Ibid s 38(2)(f ).

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At common law, the ‘’inherent requirements of practice’’ include the capacity to make judgements that will meet professional standards of legal practice, and the ability to ‘’discharge the important and grave responsibilities’’ of practicing law.6 Arguably, this suggests that applicants’ current mental health status must be disclosed. In fact, the Guidelines outline the Board’s focus on applicants’ current status when applying the test of ‘’fit and proper person’’; past conduct may be relevant but is not decisive.7 However, in letters written to state attorney-generals (including WA) ALSA President Paul Melican argued that consideration of mental health status in the Board’s determination of capacity should not be required if it is unrelated to an applicant’s poor prior conduct. 8 Considering the unclear definitions of “inherent requirements” and “incapacity” in Western Australia, and the heavy consequences of not disclosing that which the board deems as relevant, there does appear to be a risk in not disclosing current mental health issues. The general advice of the Guidelines is ‘’when in doubt, disclose’’, and over-disclosure is looked upon favourably. In comparison, not disclosing an issue that the Board may deem relevant could result in the Board viewing an applicant as dishonest. The question is, should this risk exist at all?

Impact of Disclosing Melican believes the requirement – explicit or implied – does nothing to increase the overall capacity of admitting lawyers but does weaken the overall mental health of those in the legal profession.9 Furthermore, the requirement seems to create a disincentive for law students to seek help when they experience mental health concerns. Those with manageable mental health issues may be self-excluding from the professional because of fear of disclosing. As Melican points out, it’s 6 Legal Practice Board of Western Australia, Disclosure Guidelines (9 April 2015) <https://www.lpbwa.org.au/Legal-Profession/Practising-in-Western-Australia/Disclosure-Guidelines> s 8.

7 Ibid s 4.

8 Lara Bullock, ‘Students call for removal of mental health disclosure requirement’, Lawyers Weekly (online), 25 May 2016 <https://www.lawyersweekly.com.au/news/18634-removal-ofmental-health-disclosure-requirement-requested>.

9 Ibid.

all well and good for firms and industry leaders to claim that the mental wellbeing of employees is a priority, however, discouraging students to seek help during formative study years detracts from any positive work occurring in the profession itself.

Another issue arises regarding how the Board assesses the mental health status of applicants who choose to disclose. Bartlett & Haller assert that a Board’s attempts to predict an applicant’s poor capacity or behaviour, based their current mental health status, is flawed.10 Individuals on the Board do not have relevant psychological or psychiatric training required to make such a prediction; even those with relevant training acknowledge that such predictions are difficult. While it is accepted that an applicant’s mental capacity should be considered generally, in the interest of protecting the profession and the public, the existence of a mental illness should not bar an applicant from the profession unless there is evidence that they will be unable to carry out the requirements of legal practice.

Victoria and Western Australian courts have rejected the notion that the existence of a mental illness, and subsequent treatment, is an indicator that a person is unfit for practice and agree that such attitudes are likely to deter people within the industry from seeking help.11 A Western Australian case found that even severe depression with suicidal attempts did not necessarily detract from the person’s ability to perform the duties of a legal practitioner and that only expert medical evidence may make such a declaration. 12 Following the reasoning of the courts, the burden should be on the Board to demonstrate, through expert medical evidence, that an applicant’s mental health status has enough impact on their capacity to render them unable to practice.

10 Bartlett, Francesca and Haller, Linda. ‘Disclosing lawyers: Questioning law and process in the admission of Australian lawyers’ (2013) 41(2) Federal Law Review 227, 248.

11 XY v Board of Examiners [2005] VSC 250, 33; S v Legal Practice Board of Western Australia (2004) 29 WAR 173.

12 S v Legal Practice Board of Western Australia (2004) 29 WAR 173.

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Murdoch Student Law Society Such evidence may be difficult to show in many cases, given that mental health professionals indicate that acts of seeking help may be evidence that the illness is being managed, and that the individual is exercising sound judgement and making good decisions. 1

be caught by anti-discrimination laws, decisions made under contradicting statutory authority are defensible.

Legislation that confers the powers to make admittance decisions uses broad descriptors, such as ‘’inherent requirements’’, meaning that discriminatory decisions may be justified by appealing to statutory authority.

Privacy, Stigma and Discrimination Conclusion A significant concern when disclosing mental health is the stigma attached to such disclosure. While admitting boards in all jurisdictions follow confidentiality procedures, Bartlett and Haller highlight the fact that local practicing lawyers often sit on such boards and assist in character assessments.

Applicants understandably have concerns about working with these professionals in the future, who are aware of their mental health status. The concern of discrimination occurring is very real, particularly in cities like Perth where there is a relatively small degree of separation within the profession. That isn’t to suggest that board members would wilfully discriminate; the stigma attached to mental illness often exists subconsciously.

General negative attitudes surrounding mental illness give credibility to privacy concerns. Appearing in court before opposing council, who has previously been privy to one’s mental health history, is not an experience any new practitioner should be exposed to.

The New South Wales Administrative Decisions Tribunal has stated that decisions to qualify a person, made by ‘qualifying bodies’, are subject to the AntiDiscrimination Act. This is likely to apply similarly in Western Australia. However, while the decisions of boards of examiners and bar associations are likely to

Whether an applicant discloses their mental health status upon applying for admission is a personal decision that is largely dependent on circumstance.

This article discusses some of the myriad issues involved and does not seek to provide advice on any level. Applicants should seek their own independent advice regarding their personal circumstances before making a decision about disclosure.

As previously stated, the WA Guidelines indicate that over-disclosure is encouraged and that if applicants believe a matter may be slightly relevant to the Board’s decision, they should disclose that matter. While there may be valid privacy and discrimination concerns for future practice, it is unlikely that an applicant will be refused admission based solely on their mental health status.

There is a responsibility to the public and the profession to ensure that all practicing lawyers are capable of fulfilling their professional and ethical obligations.

However, there seems to be significant room for improvement regarding how decisions about capacity are made – and who should be making them.

1 Bartlett, Francesca and Haller, Linda. ‘Disclosing lawyers: Questioning law and process in the admission of Australian lawyers’ (2013) 41(2) Federal Law Review 227, 248.

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Disclaimer: This article was written in 2017.

If you or anyone you know is suffering from depression, anxiety or needs help, please reach out.

For legal advise on

Below are some resources to seek help. If in crisis and needing urgent help, please dial 000.

mental heath issues

1300 22 4636 24/7 support

1800 650 890 Or visit a centre

13 11 14 24/7 crisis support

www. beyondblue.org.au

www. headspace.org.au

www. lifeline.org.au

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9360 1227 Murdoch Counselling Services (South St)

9328 8012 Legal Advice www. mhlcwa.org.au

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