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Editor-In-Chief Elisha Rayner
Special Guest Contributors The Honourable Michael Kirby Tom Percy Wendy Treasure Augusto Zimmerman Lorraine Finlay
Contributors Daniel Baker Ruby Lee Troy Sauzier Sam Coten Gemma Szumilak Charlotte Sykora Solomon Jordan?? Reynald Ipapo
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Note from the Editor I hope you enjoy the double edition of the newly relaunched Carpe Diem! Welcome to the first edition of the newly relaunched and revamped Carpe Diem - a magazine produced for students by the Murdoch Student Law Society. It was a joy to have the opportunity to bring this publication back to life (and to get some use out of that first Bachelor of Arts and Communications degree). For those that have never seen a Carpe Diem before, they have a history of being different and ranging in ideas. This edition promises the same with everything from Star Wars to Korea with the theme Rights and Freedoms. This magazine has been a labour of love, particularly hard to coordinate and compile whilst also studying abroad in Geneva. So thank you to all who were involved and helped from around the globe - quite literally! After many delays and issues, Carpe has overcome all the adversity to be relaunched in a whole new style. I’m so glad that this double edition is finally complete and out in the world.
Happy perusing!
ELISHA RAYNER Joining the Carpe Diem team is a great chance to get involved with the committee and law school. I wholeheartedly encourage anyone to get involved next year - whether it is writing, editing or designing. Keep an eye out for the writing and editing group that will be formed early in the 2018. If there’s anything you want to see or any great ideas, we are always listening for them, so please get in contact with us via email (pvp@msls.asn.au) or the MSLS Official Facebook!
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Why Lawyers Say Yes to Defending Heinous Charges Tom Percy
There are the two dinner party questions that make a criminal lawyer cringe. You would like a dollar for every time you get asked. “What do you do if you know your client is guilty?” And, “Why would you take on a really disgusting, horrific case that offends public sensibility?” The answer to the first question is pretty simple. You never really know if any particular client is guilty. You weren’t there when it happened. And if the accused admitted his guilt you couldn’t mount an affirmative defence any way. You could act for them in those circumstances if they pleaded guilty and seek a mitigated sentence, but that’s all. The answer to the second question isn’t so simple.
Tom Percy is a Perth QC. Follow him on Twitter @percyqc.
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There is a longstanding tradition at the Bar that unless there is a substantial reason for not taking the case, you should accept it. The so-called “cab rank rule”. There will always be cases where you might have a conflict of interest, or are genuinely unavailable, or where the case falls outside your area of expertise, or for some other reason you couldn’t ethically take the brief. But for the most part, if it’s offered to you, you should take it.
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Every accused person deserves a proper defence, if they have one, no matter how odious, notorious or unpopular the allegation. Inevitably you don’t relish the initial phone call asking you to be involved. You will have probably heard of the case in the media and secretly hope that they will choose someone else. But when it comes, that’s usually the end of the question. Barring some valid reason that might allow you to say no, you are in. It’s often thought those sort of cases are taken on by the lawyers for the money. That a criminal lawyer might shamelessly prostitute their integrity for the financial reward. That is, however, hardly the reality. Most major criminal cases are legally aided. Few are granted bail to work and save for the cost of their defence. Even fewer have any assets or savings to speak of before their arrest to fund their representation privately. The public perception that someone on legal aid has their choice of lawyer and the same level of services that a multi-millionaire might have is quite wrong. Lawyers who take on these kind of cases, on the basis of legal aid, are restricted in the amount of time they are paid to put into the case. Most put in many unpaid hours above and beyond the modest legal aid grant they are entitled to.
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In addition, the rate of remuneration payable is generally (especially in the case of senior barristers) only a fraction of the fees they could ask in a private case.
light of a criminal trial. I’ve often, shamefully, seen my initial impression of a client’s guilt blown away by the exculpatory evidence as it unfolded in the courtroom.
So why would anyone take on that sort of case? Particularly cases where there is a public outrage about the circumstances of the alleged crime. Brutal murders, child sex cases, terrorism prosecutions and the like?
And it doesn’t always play out at the initial trial or appeal. Sometimes the real evidence doesn’t emerge for years, sometimes decades later.
Geoffrey Robinson QC once referred to these types of briefs as “leper cases”. The case is all but incurable, and the chance of the barrister becoming terminally infected by the association to the case make them a lose/lose situation. So why take them on if the only prospect for the lawyer is downside? They are invariably difficult assignments, financially unrewarding, and hardly reputation builders. The answer is that it’s your job. And it’s justice. Whatever your gut feeling might be at first blush, a prosecution case sometimes crumbles in the harsh
If a lawyer was entitled to reject a case on the basis that it was unpopular, disgusting, or overwhelming, the system would disintegrate. No one would have taken on defences such as Chamberlain, Mallard, Dr Haneef and the like. The lawyers who took on those cases at first instance were invariably maligned, ridiculed and castigated as having sold out their moral compass for money. Nothing could be further from the truth. This article first appeared on PerthNow on January 18th, 2017. It was reprinted with permission from the author and website.
Tom Percy, lawyer for Melbourne socialite Brynne Edelsten arriving at the WA Magistrates Court in Perth.
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Human Rights, Peace and North Korea by The Honourable Michael Kirby AC CMG
Mud Volleyball was the first sporting event of the semester ensuring a filthy good time.
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This article first appeared in the 11th Issue of Court of Conscience, a social justice journal published by the UNSW Law Society.
The Democratic People’s Republic of Korea (‘DPRK’ or ‘North Korea’) is worthy of the attention of all of us because it is a country that has undoubtedly reached a very dangerous moment in its short and violent history. From the point of view of the future of humanity and of its own people, it is therefore appropriate that the international community should examine the preconditions for international peace and security. These include the observance of universal human rights and accountability for crimes against humanity.1 I am not, and never have been, an expert in military matters or geopolitical analysis. My expertise, relevant to North Korea, is the expertise that led to my appointment by the President of the United Nations Human Rights Council (‘UNHRC’) to be the Chair of the Commission of Inquiry (‘COI’) on Human Rights in the DPRK. It is an expertise in international human rights law and an experience in United Nations human rights activities and policy. The COI was given the task to report on a mandate that had nine headings relating to particular issues which were thought to require examination from a human rights point of view. We were not at large. We were not authorised to examine the geopolitical or security concerns of North Korea for the world. Our focus was narrow and particular. It was a human rights focus. We met as a COI for the first time in July 2013. Effectively, we had to deliver our report by January 2014. The report was completed in just over six
1 Crimes against humanity include murder, enslavement, torture and ‘other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health’ ‘when committed as part of a widespread or systemic attack directed against any civilian population, with knowledge of the attack.’: Rome Statute of the International Criminal Court, opened for signature 17 July 1998, 2187 UNTS 90 (entered into force 1 July 2002) art 7(1).
months. It was delivered within budget and on time. It was unanimous. It was also readable and that was its strength. It recounted the COI’s findings on the human rights situation in the DPRK.2 It identified human rights violations that amounted to crimes against humanity. These included: violations of freedom of thought, opinion and religion; the violation of the right to food and widespread starvation whilst developing new dangerous and sophisticated weapons; the imposition of a classification of social classes that impedes and restricts human equality; restrictions on freedom of movement; the arbitrary detention, torture and executions of alleged enemies of the people and their families; and the enforced disappearance and abduction of Koreans and foreign nationals – including many Japanese nationals – a piratical wrong that was actually admitted by the DPRK in 2002. The report created something of a sensation in the UNHRC. It then attracted very strong supportive votes in the UN institutions. The Human Rights Council is often deeply divided about human rights issues and there are frequent geopolitical alignments of countries concerning how they should respond. But the votes on the report of the COI on the DPRK were extremely strong and consensual. They supported the report. They sent it off to the General Assembly (‘GA’) with a proposal that the GA should pick up the COI’s suggestion and send the matter to the Security Council. This is a very rare thing to do in the case of human rights concerns because they are inevitably political and divisive. However, the GA voted very strongly to support the recommendations of the COI. There were relatively few (20) negative votes when it came to the proposal for follow up action on the report.
2 Human Rights Council, Report of the Detailed Findings of the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea, UN Doc A/HRC/25/ CRP.1 (7 February 2014); See generally, Michael Kirby, ‘UN Commission of Inquiry on Human Rights Violations in the Democratic People’s Republic of Korea: Ten Lessons’ (2014) 15(2) Melbourne Journal of International Law 290.
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It was at that stage that the DPRK at last began to be extremely concerned about the report. We had recommended, in the report, that the case of North Korea should be referred to a prosecutor at the International Criminal Court (‘ICC’). So far, there has been no resolution placed before the Security Council to achieve that end. Inferentially that is because China, and possibly the Russian Federation, have suggested that they would not agree. Therefore, that form of accountability has been effectively vetoed, at least until now. The failure to secure accountability in this way led to a new recommendation of the OHCHR to the UNHRC for a new committee of experts to look again at how this could be done. This was agreed. The report by a new committee of experts was delivered to the UNHRC in February 2017.3 The new committee recommended that there should be further exploration of the possibility of a special tribunal and of educative means, including amongst the North Korean community in South Korea, to review and report what has been happening in the DPRK. This was accepted by the UNHRC which had also earlier agreed that a UNHRC field office in South Korea should continue the collection of testimony from people who have suffered in North Korea and should do so in a form that could ultimately become the basis of a brief for a prosecutor, in whatever court or tribunal the matter may ultimately end up, whether the ICC or some different body. On the presentation the report of the COI to the UNHRC in March 2014, the COI’s mandate formally finished. However, many occasions have arisen for me to continue my involvement. The DPRK is a great puzzle that is of deep concern to people in many countries of the world. A puzzle of what can be done in the face of such intransigence on the part of the country concerned. And what can be done that will not give rise to the risks of even greater security 3 Sonja Biserko and Sara Hossain, Report of the Group of Independent Experts on Accountability, 34th sess, Agenda Item 4, UN Doc A/HRC/34/66/Add.1 (24 February 2017).
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It was at that stage that the DPRK at last began to be extremely concerned about the report, that the case of North Korea should be referred to a prosecutor at the International Criminal Court. dangers and the possible use of weapons that would be extremely dangerous for the DPRK itself, and for the Republic of Korea (‘ROK’), China, Japan and nearby countries as well as the global environment. In March 2017, I was invited to attend a meeting at the National Assembly of the Republic of Korea in Seoul. What was especially interesting at the session at the National Assembly was the response of those participants who had links with then Opposition parties in ROK, concerning the question of what should now be done. This was very important because, as expected, the Opposition parties went on to win the ROK presidential election on 9 May 2017. Those elections replaced former President Park Geunhye. She had been removed from office following a process of constitutional impeachment. President Moon Jae-in has now assumed office. He has promised a fresh and different approach, including an attempt to secure greater engagement with the DPRK.4 A view expressed in March 2017, by one of the Opposition supporters at the National Assembly meeting, was that the role of South Korea was not to harass North Korea over its human rights record. It was to improve the outlook of human rights in North Korea and to assist North Korea to come to a 4 See, eg, Choe Sang-Hun, ‘South Korea’s New President, Moon Jae-in, Promises New Approach to North’, The New York Times (online), 10 May 2017; Matt Stiles, ‘On 100th Day in Office, South Korean President Tries to Ease Nation’s War Tensions’, Los Angeles Times (online), 17 August 2017.
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realisation about improved human rights for itself. It was suggested that it would be quite wrong for South Korea to do more than that. The problem, as it seemed to me (and I expressed it at the time), is that North Korea is a country that denies access by its nationals to international media or the internet.5 There is also a lack of access to civil society organisations that are not controlled by the government.6 It is therefore very difficult to imagine how the people of the DPRK could reach their own views different from the views that are presented to them by the authorities in power. Other views were expressed at the National Assembly about how the Opposition might approach the issue if elected to government. Still, it is a familiar phenomenon, which we have seen in our own countries, that once political leaders are elected to government they have the responsibilities of government. The leaders and people of ROK can be expected to react accordingly. One hopes that the new officials will trouble to read the report of the UN COI and find out what has happened in North Korea, according to that painstaking and careful report. If they do that, they will come to the conclusion that leaving the dire human rights situation in DPRK to correct itself is not really an available policy. Even from the point of view of peace and security, it is potentially a dangerous policy. Something has to be done to respond to the serious human rights situation in North Korea. The rebuffs by DPRK to the attempts at engagement offered by President Moon Jae-in have been discouraging. Even more worrying has been the actions of DPRK to engage in its sixth nuclear weapons test in September 2017 and to test launch international and other ballistic missiles of great potential danger to the region and beyond. 5 See, eg, Amnesty International, ‘Connection Denied: Restrictions on Mobile Phones and Outside Information in North Korea’ (Research Report No ASA 24/3373/2016, 9 March 2016) 6 Human Rights Watch, World Report 2017: North Korea – Country Summary (January 2017) <https://www. hrw.org/sites/default/files/northkorea_2.pdf>.
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A difficulty which the COI experienced in achieving dialogue within South Korea, was the apparent mistrust between the Government and the Opposition. This made it difficult, in the past, to persuade members of the Opposition to attend COI events and to engage on human rights issues. However, the COI report collects a mass of detailed material. It respects the people who have suffered. It brings their words, recounting their sufferings, to the attention of their own government and to the attention of the international community. How we respond to those concerns will be a test for international fidelity to the immediate post World War II decision that crimes against humanity, at least, should always be responded to. Where crimes against humanity are established or appear likely, the United Nations should not turn away. It is the obligation of the United Nations to ensure accountability and redress where the country concerned refuses, or fails, to do so. At this stage, that is the case with the DPRK. It rejects and dismisses the report of the COI. And its allies effectively prevent referral of the matter to a prosecutor of the ICC so that proceedings might be considered and brought so as to establish where truth lies authoritatively and conclusively. The UN High Commissioner for Human Rights, Prince Zeid Ra’ad Al Hussein, in his address at the opening of the session of the UNHRC in February 2017, pointed out that the Preamble to the Charter of the UN contains the three great principles for the work and mission of the United Nations.7 The first of these is observance of universal human rights. He pointed out that respect for universal human rights is intimately interconnected with the achievement of peace and security, the second great principle. That is undoubtedly so. Without protection and accountability for human rights, the dream of peace and security and economic equity and justice (the 7 The present situation in North Korea is extremely dangerous to the human rights of the people of that country. But it is also dangerous for peace and security. And because of the intrusion of nuclear weapons, missiles and the enormous army facilities that the DPRK can now deploy, the dangers extend beyond the Korean Peninsula to the region and to the planet.
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...it is also dangerous for peace and security. And because of the intrusion of nuclear weapons, missiles and the enormous army facilities that the DPRK can now deploy, the dangers extend beyond the Korean Peninsula to the region and to the planet.
third principle) for the Korean Peninsula will remain an unachievable illusion. The present situation in North Korea is extremely dangerous to the human rights of the people of that country. But it is also dangerous for peace and security. And because of the intrusion of nuclear weapons, missiles and the enormous army facilities that the DPRK can now deploy, the dangers extend beyond the Korean Peninsula to the region and to the planet. This is why the world, in its understandable desire to achieve a peaceful resolution of the huge dangers of North Korea, must not forget the report of the UN inquiry into human rights in that country. Without human rights accountability, there will be no peace. There will be no stability, except on a basis of fear and terror. The dangers of conflict will not recede. To the dangers of deliberate warlike actions of great peril will be added the dangers of accidents, mistakes and miscalculations. A new approach, as proposed by the new Administration in ROK, may bring new ideas. However, the new ideas must be faithful to the principles stated in the Charter of the United Nations,
the principles expressed in the Universal Declaration of Human Rights8 and UN treaty law. This is the central puzzle and dilemma that the international community faces at this time in dealing with the challenges presented to it by the DPRK.9 The security concerns are great indeed. But they cannot be divorced from the dangers, internal and external, caused by the violation of human rights committed by the DPRK. Especially the crimes against humanity found by the COI which calls out for redress and accountability. [This article is the amended and updated transcript of a speech delivered at the Jeju Forum, Jeju, Republic of Korea, 1 June 2017. N.B. All footnotes have been inserted by the Court of Conscience Editorial Team as suggestions for further research.]
8 Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess, 183rd plen mtg, UN Doc A/810 (10 December 1948). 9 See also, Special Rapporteur on the Situation on Human Rights in the Democratic People’s Republic of Korea, Situation of Human Rights in the Democratic People’s Republic of Korea, 71st sess, Agenda Item 68(c), UN Doc A/71/402 (26 September 2016).
THE HONOURABLE MICHAEL KIRBY AC CMG Chair of the Human Rights Council’s Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (‘DPRK’) (‘North Korea’) (2013–14). Former Justice of the High Court of Australia (1996–2009).
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Teresa Principato
The Principato Pursuit of Justice By Sam Coten
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Lawyers and law students have always been confronted by the same sort of questions: would you defend a murderer? Would you defend someone if you thought they were guilty? Could you make a case for the innocence of a child molester? The same old questions receive various responses– more often than not the bi-product of an individual’s own moral compass. But my question to lawyers and law students alike is a little different: would you martyr yourself for the judicial process? As the mantra goes, ‘find what you love and let it kill you.’ Teresa Principato has done just that. Principato, affectionately known as the ‘Iron Prosecutor’ is on the ultimate international headhunt: the prosecution of Matteo Messina Denaro, the most superior Godfather of the Sicilian Mafia. Denaro often boasts that he could ‘fill a cemetery’ with all the people he’s murdered, and has been on the run since 1993. Denaro is
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the second most-wanted man in Europe, second only to the Belgian-born Salah Abdeslam, the main suspect in 2015 Paris terrorist attack that killed 130 people. Denaro is very much a figure of mystery; very few photos of the man exist, making him virtually untraceable as he moves freely across the globe. Since her graduation from Palermo in 1974, Principato has lived for the law. She broke through Italy’s cultural misogyny by fighting her way into the ‘boys’ club’ that is the legal profession. In 1991, she was appointed to a specialist anti-Mafia unit led by anti-Mafia magistrates Giovanni Falcone and Paolo Borsellino. Principato held her own among the men. Where they would habitually and instinctively have called her ‘signora,’ she instead insisted they call her ‘prosecutor.’ In a 2016 interview with TIME, Principato remarked, “it was not easy coming up in the environment of the judiciary… I had to set aside my femininity to make myself respected by colleagues.” The Cosa Nostra– Siciliy’s most prominent Mafia gang– had declared war on the judiciary, and in 1992 Falcone– a dear friend and mentor to Principato, was blown up on a Sicilian highway. In a matter of moments, the Mafia had used over 100 kilograms of dynamite to obliterate Falcone, his wife, and his security detail. Principato recalls the urge she had to quit– to leave her job at that point like many of her colleagues. While mourning Falcone’s loss at his funeral, Principato was approached by Borsellino. He said, ‘Teresa, if we want to keep doing this work, to the end, we have to get it in our heads that we will be killed like him. Are you up to it?’ Fifty-seven days later, Borsellino was killed by a car bomb. Principato remains untouched, as does Denaro. He gallivants the globe freely, she is a prisoner of an extravagant security detail. Principato has accepted the Mafia will kill her one day. She lives for the pursuit of judicial process and law, and she will die by it, just like Falcone and Borsellino. I don’t particularly care who you defend or what you think of your client, but the real question in my mind still stands: Would you martyr yourself in the pursuit of justice?
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A Legal Lesson from Star Wars By Darth Maul a.k.a Troy Sauzier
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tar Wars is the most successful historic documentary saga in history. Star Wars surrounds us and penetrates us; it binds the galaxy together. Many bothans died to bring us an accurate account of Star Wars and we must not take for granted the lessons that these events provide us. The force is a powerful ally. We must let the force guide us. We must take these lessons and implement them into all areas of our lives, including our law. In the words of eminent constitutional scholar Cass Sunstein, “… the series proclaims: You are free to choose. That’s the deepest lesson of Star Wars.” It is a tale of overcoming the deepest and darkest of situations but nevertheless still wielding that unlimited power of choice. The common perception of Star Wars is that the saga revolves around the pre-written prophecy, in which choice is redundant. However, this perception can be rebutted in the words of Yoda, “[i]mpossible to see, the future is.” Although a powerful message, the message of free choice did not resonate in the High Court of Australia’s decision of Darlington Futures, which held that freedom of choice does not enjoy unlimited power. Exclusion clauses, freely drafted by choice of both parties, will not be applied literally if they defeat the main purpose of the contract. Yet, one of the most basic rules of legal interpretation is to apply the natural and ordinary meaning of the words.
So why did the High Court rule against this common method of interpretation? To alter deals in the name of protecting disadvantaged half-witted nerf herders. Where is the line? Should we pray that the High Court not alter our deals any further? The free choice to sign a contract that contains terms of your choice, even unfavourable terms, should not be altered by a third party. Search your feelings, you know it to be true. Star Wars teaches us that we all have a choice. And like Vader, if we get torched by our choices, we should be prepared to live with the consequences. So, next time you appear before the High Court, screw the moral high ground. Quote Star Wars in place of Darlington. Strike down this precedent and let choice become more powerful than you could possibly imagine.
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Can There Be Justice For Otto Warmbier? By Lorraine Finlay
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This article originally appeared in the ILA Reporter, 17 August 2017
There is no such thing as a funny dictatorship. This seemingly obvious point was highlighted with the death of Otto Warmbier, who was until recently imprisoned in North Korea. While Hollywood movies like Team America: World Police and The Interview have, from time to time, parodied the North Korean regime, Warmbier’s death is a stark reminder that this regime is not a joking matter. Otto Warmbier was an American tourist visiting North Korea in 2016 when he was arrested at Pyongyang International Airport. In March 2016 he was sentenced
The US Secretary of State has made it clear that the United States “hold North Korea accountable for Otto Warmbier’s unjust imprisonment”. Senator John McCain went even further, bluntly stating that Warmbier had been “murdered by the Kim Jong-un regime”. Can there be justice for Otto Warmbier? What does justice even look like in a case like this? An Isolated Incident? A key point to highlight when thinking about justice here, is that the Otto Warmbier case is not an isolated incident. The North Korean regime has
Countless innocent men and women have died at the hands of the North Korea criminals, but the singular case of Otto Warmbier touches the American heart like no other - Nikki Haley
(by what Human Rights Watch has described as a “kangaroo court”) to 15 years imprisonment and hard labor after being found guilty of committing a “hostile act against the state” for stealing a communist propaganda poster from a staff-only area of his Pyongyang hotel. After 18 months in captivity Warmbier was returned to the United States in a comatose state, and died six days later on 19 June 2017. What led to his death is not entirely clear. Doctors at the University of Cincinnati Medical Centre said that when he arrived home he was in a state of “unresponsive wakefulness” and had suffered “extensive loss of brain tissue in all regions of the brain”. North Korean authorities have claimed that he fell into a coma about one month after his trial as a result of contracting botulism and taking a sleeping pill. There was no evidence of botulism found by the American physicians who examined him.
been described as “the most despicable on the face of the earth” and “a human rights black hole for both foreigners and citizens”. The Commission of Inquiry charged by the UN Human Rights Council with investigating human rights in North Korea concluded in its 2014 report that “[s]ystematic, widespread and gross human rights violations have been and are being committed by the Democratic People’s Republic of Korea, its institutions and officials”. It found that in many instances, these violations of human rights constituted crimes against humanity and that “[t] he gravity, scale and nature of these violations reveal a State that does not have any parallel in the contemporary world”. The death of Otto Warmbier has yet again bought into sharp focus the reality of this regime. Crucially, it may also provide the necessary impetus for the United States to prioritise seeking some form of justice against North Korea. The U.S Ambassador to the
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United Nations, Nikki Haley, observed that “[c]ountless innocent men and women have died at the hands of the North Korea criminals, but the singular case of Otto Warmbier touches the American heart like no other”. Any question of international justice must consider not only justice for Otto Warmbier, but also for the many other individuals who have suffered at the hands of the North Korean leadership. But what are the possible options for international justice, and what are the realistic prospects of any level of justice actually being achieved? International Criminal Court One of the recommendations made by the 2014 Commission of Inquiry report was that the UN Security Council refer the situation to the International Criminal Court (“ICC”). This call was echoed recently by Nobel Peace Prize laureate José Ramos-Horta. The ICC was established under the Rome Statute in 2002 and was designed to end individual impunity at the international level by prosecuting those individuals responsible for the gravest crimes that “deeply shock the conscience of humanity”. Any prosecution before the ICC would necessarily look beyond the case of Otto Warmbier and focus instead on establishing a systematic pattern of human rights abuses. This is because the jurisdiction of the ICC is limited to specific categories of crimes considered to be “the most serious crimes of concern to the international community as a whole”. While murder itself does not fall within the jurisdiction of the ICC, it may form part of a broader prosecution if the killings can be categorised as either genocide, crimes against humanity or war crimes. In the case of North Korea, the 2014 Commission of Inquiry concluded that “[a] number of long-standing and ongoing patterns of systematic and widespread violations, which were documented by the commission, meet the high threshold required for proof of crimes against humanity in international law”. Given this, prosecution by the ICC would be one way of holding the senior North Korean leaders with overall responsibility for these crimes accountable – in
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particular, the current Supreme Leader Kim Jong-un. There are, however, significant practical hurdles that limit the potential here for a successful ICC prosecution. The first is a jurisdictional limitation. As North Korea is not a State Party to the Rome Statute, the jurisdiction of the Court would need to be established through a referral by the UN Security Council. China – as a Permanent Member of the Security Council – would be able to veto any such referral. It is difficult to realistically imagine a scenario in which China would allow the North Korean situation to be referred to the ICC. A possible alternative would be for the UN General Assembly to effectively bypass the Security Council veto by using the Uniting for Peace mechanism. This possibility was referenced by the most recent Report of the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, however it fails to address the very real question of whether prosecution could realistically succeed without the practical cooperation of China. The second hurdle is a practical limitation based on the present record of the ICC. At an international level justice is both incredibly slow and incredibly expensive. In fifteen years the ICC has managed to convict just eight people, yet it operates with a programme budget for 2017 of €141.6 million and 800 staff. At the ICC prosecutions are measured in years, with the ten situations currently under investigation each having been formally before the ICC for an average time of 7.5 years. Even if Kim Jong-un was arrested tomorrow it would take many years before a trial before the ICC would even commence. During this time he would be detained in the ICC Detention Centre in The Hague in conditions undoubtedly far superior to those experienced by Otto Warmbier during his imprisonment. Establishing an Ad Hoc Tribunal An alternative to prosecution by the ICC is for the UN Security Council to consider establishing an ad hoc tribunal to prosecute individuals such as Kim Jong-un. These tribunals are special courts that are
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Even if Kim Jong-Un was arrested tomorrow, it would take many years before the ICC would even commence. During this time he would be detained in conditions undoubtedly far superior to those experiences by Otto Warnbier during his imprisonment. created exclusively to prosecute atrocities arising out of specific conflicts, with the Nuremberg and Tokyo Tribunals after World War II being the first examples. More recently, ad hoc tribunals have been established in relation to the former Yugoslavia, Rwanda, Cambodia, Sierra Leone, East Timor, Chad and Lebanon. While these ad hoc tribunals have somewhat mixed records, they do potentially offer a number of advantages including an institutional structure tailored specifically to the North Korean
situation and the potential for a greater number of individual prosecutions. Unfortunately, the key hurdle is precisely the same as for any ICC prosecution. It is the UN Security Council that must agree to establish any ad hoc tribunal, and it is difficult to realistically see China agreeing to this at the present time. Prosecuting Treaty Violations An alternative option may be to take legal action against the State, as opposed to particular individuals. Legal action could be taken against North Korea alleging breaches of a number of treaty obligations particularly, in the case of Otto Warmbier, obligations relating to the treatment of prisoners. North Korea (perhaps surprisingly) is a party to a number of key international human rights treaties, most importantly in this context the International Covenant on Civil and Political Rights which provides for the right to a fair trial (Article 14) and the right to be treated with humanity, dignity and respect while in detention (Articles 7 and 10). The UN Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, Tomás Ojea Quintana, has publicly observed that in Otto Warmbier’s case “His ordeal could have been prevented had he not been denied
Otto Warmbier
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Murdoch Student Law Society basic entitlements when he was arrested, such as access to consular officials and representation by an independent legal counsel of his choosing”. The key hurdles to this approach are twofold, concerning jurisdiction and realistic outcomes. In relation to jurisdiction, it is difficult to identify an appropriate international body that might actually be able to exercise jurisdiction. The International Court of Justice might be one option, and as a Member State of the United Nations North Korea is ipso facto a party to the Statute of the International Court of Justice. The ICJ Statute provides, however, that jurisdiction is based upon the consent of the States appearing before it. In contentious cases this jurisdiction can arise in three ways: (1) States can agree to refer matters to the Court through a Special Agreement; (2) States can lodge a declaration recognising the jurisdiction of the Court as compulsory; or (3) Jurisdiction can be conferred by a particular treaty or convention. None of these pre-conditions have been met, or appear likely to be met in the future, in the specific case of human rights violations in North Korea. Another possible route would be lodging a complaint with one of the United Nations human rights treaty bodies, such as the UN Human Rights Committee. The UN Human Rights Committee is able to hear both individual communications and state-to-state complaints concerning violations of the International Covenant on Civil and Political Rights by State parties to the First Optional Protocol to the International Covenant on Civil and Political Rights. The fact that North Korea has not signed the First Optional Protocol immediately removes this as a potential option. The second hurdle here is identifying what realistic outcomes would actually be achieved through taking international legal action against North Korea for breaches of treaty obligations. The enforcement of
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international law decisions against uncooperative States is notoriously difficult, and while a favourable judgment may provide a symbolic victory, it would likely do little to actually change conditions within North Korea. Indeed, it may ultimately prove counterproductive by hardening existing positions, further isolating North Korea, and making any possible future attempts at cooperation even more futile. Conclusion It has been three years since the UN Commission of Inquiry published its report, providing clear evidence of crimes against humanity being committed in North Korea. Since that time there is no evidence that the situation has improved. Indeed, the death of Otto Warmbier is a reminder of the seriousness of the situation in North Korea, and the need for urgent action. Unfortunately, the prospects for international justice do not look particularly promising at this point. The best option appears to be the criminal prosecution of senior North Korean leadership – including Kim Jong-un – through either referral to the International Criminal Court or the creation of an ad hoc tribunal. However, both options face significant hurdles, not least of which is the potential for China to veto any such efforts. The North Korean situation starkly highlights the very real problems with delivering justice at an international level. The current system of international justice and accountability is woefully inadequate. But what is the alternative? To give up and admit that international justice is illusory and unachievable is simply not an option. The world cannot and should not walk away from trying to achieve a measure of justice for Otto Warmbier and the other victims of the North Korean regime. They all deserve much better than that.
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Murdoch Student Law Society
Hitting the Court Trading in books for sports? Law students are good at sports! Murdoch Law Society students dominate in the competition against both other faculties and other law schools. Ruby Lee, the 2017 Sporting Officer, details a successful year.
Mud Volleyball was the first sporting event of the semester ensuring a filthy good time.
Rights and Freedoms
Contrary to what you may think, the Murdoch law students have proven themselves time and time again that they are in fact somewhat coordinated. In semester one of this year we have gone to war in three separate sporting events; mud volleyball, inter-law mixed netball and inter-faculty mixed netball. Mud Volleyball was the first event to grace our inter-faculty calendar and was as messy as it sounds. On the warm afternoon of April 28th we headed over to the vet farm and began mentally preparing ourselves for weeks of scrubbing mud off our bodies. Hesitant at first, we stepped into the brown swamp and took on the mass of Vet students, giant Engineering men and a dismal two members from Chiropractic. It took our Law team a few rounds to figure out we needed to keep the ball away from certain members of the team in order to have any chance of winning a game. Once our strongest players made themselves apparent, we took to the court (a hole filled with poo and water) and somehow defeated the shirtless, body building Engineering team. Entering the grand finale against Vet, we had hope that perhaps the underdogs could take the title. Unfortunately, that was not the case. We got throttled. Second place is not a bad effort in my opinion and I cannot wait to take the title in the future. As disgusting, smelly and staining as mud can be, this event is perhaps one of the most fun and I encourage all those interested to join the team for 2018. Along with our inter-faculty competitions we
To get involved in sports in 2018, contact the MSLS Sport Representative on sport@msls.asn.au
also have inter-law events. Inter-law mixed netball saw the four major law schools in Perth battle it out in round-robin style games. After winning last year, we were keen to retain the title. In our first two games we faced Curtin and UWA , who both put up a good fight but were ultimately no match for our Pirone boys. Along with their phenomenal twin connection, they happen to be head and shoulders above everyone else. Going into the grand final, Notre Dame was the team to beat. It was neck and neck all the way until we blew them out of the water in the second half. Our defence was too good and they struggled to get the ball into their goal circle while we were nailing shots left, right and centre. For the second year in a row, MSLS has taken the inter-law mixed netball title and we intend to reign for a long time to come. If netball is something you enjoy and are keen for a bit of healthy competition, stay tuned next year and join the back to back
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champions. I can also confirm that three weeks after the event, Notre Dame was still recovering. Good. Inter-faculty netball was next on MSLS’s list of things to win. Again taking on Vet, Engineering and Chiro, us law school student had to assert our dominance over the Murdoch campus. Much like mud volleyball, Engineering supply a surplus of large men and we had to keep a close eye on the very athletic Vet team. Chiro supplied double their mud volleyball numbers with a huge count of four players, almost enough for a whole team! Reynald Ipapo, a prominent Legal Studies student and representative, kindly volunteered to fill in for Chiro’s team. Little did we know, Reynald is a gun. We had potentially handed over our best player and he punished us for it when it was time for us to face his new team. Fortunately, there are rules in netball that prevented Reynald from dominating the whole court and we managed to win the game. In a rematch of last year’s grand final, we saw Law and Vet battle it out. The Vet school seems to lack in the male department which is where we took advantage. Once again, Alex Pirone used his height and shooting ability with help from Kala Campbell’s brilliant speed and control,
to stay ahead and remain champions. With winning the inter-faculty netball competition both last year and this year, I think it’s fair to say that the law school is by far the best faculty on campus. If you disagree with this statement, we will see you on the netball courts - May 2018. Be there. These events cannot be run without all the players and spectators, let alone won, so I deeply thank all those involved. If you missed out on our sporting events in semester one, all hope is not lost. We also had some really fun events in semester two including soccer, AFL, touch rugby and, for the first time, ultimate frisbee! These sporting events are not only good for health and fitness but a great way to get involved in the law and university community in a fun and relaxed environment. I strongly encourage everyone to come down to a sporting event, whether playing or spectating, and support your team. If you want to play sports for MSLS in 2018, keep an eye out for the announcement of what’s on offer in the O-Day Guide, or contact your 2018 sports representative, Timothy, at sport@msls.asn.au.
Ultimate frisbee is serious business.
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An Open Letter to Murdoch Law Students By Wendy Treasure
(Left to Right) 1. Betty Friedan 2. Frida Kahlo 3. Susan Kiefel 4. Angela Merkel 5. Simone de Beauvoir 6. Quentin Bryce 7. Ruth Bader Ginsberg 8. Emma Watson 9. Emmeline Pankhurst 10. Nancy Wake 11. Diana, Princess of Wales 12. Beyonce 13. Ellen Degeneres 14. Susan B. Anthony 15. Julia Gillard 16. Hillary Clinton 17. Oprah Winfrey 18. Margaret Atwood 19. Elanor Roosevelt 20. Malala Usafzai 21. Marie Byles 22. Gloria Steinam 23. Fanny Cochrane Smith 24. Marlene Dietrich 25. Maya Angelou 26. Coco Chanel 27. Amal Clooney 28. Dame Mary Gilmore 29. Aung San Suu Kyi 30. Marcia Clark
Rights and Freedoms
Dear Murdoch Law Students,
1975 – but two were female.
Think of this as a handwritten letter to you, composed in an adult-friendly café while you stress over assignments. The coffee is delicious…
We have politicians (Michaelia Cash, Melissa Parke – who was formerly with the UN, Alison Xamon, Margaret Quirk), law firm partners (June Kenny, Anne Wood – also President of Women Lawyers of WA, Penny Moore, Denise Gibson - Allen & Overy (London), Mel Cave, Liz Macknay), judges and magistrates (Magistrate Tanya Watt, Members of the AAT - Amanda Goodier and Nicola Findson, Charlotte Wallace - Senior Member, SAT), barristers (Amelia Macknay, Gigi Visscher), academics (Sonia Walker; Professor Tanya Aplin; Dr Hannah McGlade - first Aboriginal graduate of Murdoch, first Aboriginal woman to graduate from a WA law school, Senior Indigenous Research Fellow; Dr Jill Howieson; Michelle Evans; Renae Barker), NGO activists (Elaine Pearson - head of Human Rights Watch Australia, Jessica Evans - Human Rights Watch in New York, Kate Davies - head of Tenancy WA), and Special Counsel (Daniela Tonon – HSF, Lee McIntosh and Debra Osborn – KWM, Sophie Drake – Louis Dreyfus Company in Singapore, Rubini Ventouras - General Counsel and Company Secretary for BC Iron, Fiona Ellet). There are a number of other interesting and innovative roles such as Jasmine Thorpe who is Head of Strategic Projects for Ashurt in London as well as Coach and Events Director at The Triathlon Training Centre. Mel Forbes went straight from Murdoch Law School to working as a Legal Officer with the UN Mission in Kosovo and then to being Justice Robert French’s Associate. Dr Casta Tungaraza is President of the African Women’s Council of Australia and Director of Africa Oil & Gas Australia. Kerryn Woonings has been a claims adjuster at a shipping insurer and now works as a marine surveyor out of Sydney (climbing over ships and cargo!)Donnelle Hestelow is a Business Banking Executive at NAB and I’m the Director of Research and Academia for International Women in Mining and work in mining law and policy in Libya, Ghana, South Africa and the UK. It’s an impressive collection, but only a small extract.
How pleased I am to see Carpe resurface! I look forward to hearing that the Law School Revue is also returning – and that both will be annual events. As I watched Federal member for Perth, Tim Hammond, speak so comfortably and intelligently during the recent WA election analysis, I had a flashback of him performing in the Law School Revue of 1999 – or was it 2000? People who are now partners and politicians, peacemakers and party throwers were my star performers. It was a wonderful time of laughter, rehearsals and applause. I always say that directing the Revue was my proudest achievement at law school! Since being back at Murdoch as a tutor and lecturer, consciously or not, I note the prize boards for the various units. There are names that I know by reputation (Tanya Aplin) and others I remember by deed and clever mischief. Last night’s awards will see a whole new year of names to be added. Not surprisingly, it is the female names I pay most attention to. (Those students who know me will recognise this as one of my personal agendas. That and an outdoor film and performance amphitheatre at Murdoch…) Of all the graduates during my time as a student, it was the girls who made the move overseas early. Mostly they went to London, but also to New York, Singapore and Dubai. The guys mainly stayed in Perth and worked their way up in firms. Some of those women have returned to senior roles in Australia, but many are in leading corporate, academic and legal positions overseas. This semester, 55% of the new intake are female. Since the early days, female students have made up at least half the law intake. And they’ve been great students. The three Prize in Law boards have 43 female names. Murdoch Law School’s only Rhodes Scholar was female. Sadly by comparison to UWA, Murdoch University only produced three Rhodes Scholars since commencing in
Given that Murdoch’s Law School is only 25 years old, there is much that will be achieved by our female graduates. What we don’t have enough of are female presidents of Murdoch Student Law Society. Visible leaders,
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and leadership experience, is so important. In 27 years we’ve had 7 female presidents. By comparison, over the same period Melbourne Uni has had 11 and Sydney Uni just in the last 12 years has had 7. It is 9 years since the last female MSLS President. Nearly a decade. Past presidents are now barristers, professors, and the most recent is an international consultant to UN Women in New York. In 2015, I attended the 25th Anniversary of Murdoch
Some of you will identify as feminists. Others will reject the term and claim to have never seen or experienced discrimination. Some will fail to see the need to promote or recognise feminism. Whether you choose to claim the label is entirely up to you. It doesn’t really matter. Feminism; a rose by any other name would smell as sweet. Be on the frontline, be clever, be the speaker andshout down from the back row if something isn’t right. Be
What everybody has accepted is the idea of equality feminism. It will change nothing … women are drawing level with men in this profoundly destructive world that we live in and, as far as I’m concerned, it’s the wrong way. We’re getting nowhere. If we’re going to change things I think we’re going to have to start creating a women’s polity that is strong, that has its own way of operating, that makes contact with women in places like Syria, and that challenges the right of destructive nations. Women needed to aim higher and achieve more than simply drawing level with men and entering into traditionally male-dominated fields. - An Australian feminist on International Women’s Day 8 March 2017.
Law School. In the age of criticism of all-male panels, I was dismayed that all the speakers were male. There was passing mention of Tanya Aplin (our Rhodes Scholar who was also the first female MSLS President and is now Professor at Kings College, London), but no reference to the female staff who have been so long-serving. Indeed, one current female academic was in the first intake class that we were all there to celebrate! But for Chief Justice French being a guest on stage, yours truly would have shouted down from the back “Oi!! Where are the women?!”
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as much and go as far as you can. But do not settle. See opportunities in everything. Be Presidents, be Deans, be Rhodes Scholars, be partners, be Prime Ministers, be what hasn’t been before. Good luck to all of you for 2017. And please tell me as soon as you decide to put on a Law School Revue!! Yours affectionately, Wendy Treasure
Innovate Partner Gareth Jolly and Associate Cameron Loughlin, winners of the firm’s national Hackathon for their client service app.
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Murdoch Student Law Society
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University won’t last forever. Soon,Mud you’ll be embarking on a legal career Volleyball was the first sporting event full of new and wonderful experiences well asensuring the occasional curve ball. of theas semester a filthy good time. You need to be prepared. So, visit our dedicated graduate website to see our top Carpe Diem Double Edition • 201710 tips designed to help you get the most out of your early years as a lawyer. To learn more, visit corrs.com.au/tips
Free Speech: A Fundamental Right of the Citizen By Dr Augusto Zimmermann The history of freedom of speech can be traced back to the ancient Greeks, who believed that freedom of speech was a basic right of the citizen. Indeed, those Greeks believed ‘a slave could not speak his mind but a free person could’. Ever since, free speech has been a recognised fundamental right of the individual; an essential precondition for the realisation of other individual rights and freedoms. The United Nations’ Human Rights Committee (General comment No. 34, 12 September 2011) declares: Freedom of opinion and freedom of expression are indispensable conditions for the full development of the person. They
are essential for any society. They constitute the foundation stone for every free and democratic society. The two freedoms are closely related, with freedom of expression providing the vehicle for the exchange and development of opinions. Freedom of expression is a necessary condition for the realization of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights. It is a misconception to assume that free speech favours those with more power. First of all, every oppressive regime restricts speech as a matter of
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course. By contrast, free speech has always been regarded as a central feature of every truly democratic society. Of course, our political elites might feel tempted to restrict free speech if such a restriction serves their narrow, self-serving interests. Those self-serving might be associated with ‘the retention and accumulation of power and the financial advantage it brings’. As former Australian Human Rights Commissioner Tim Wilson remarked, ‘it makes a foolish assumption that free speech favours those with power. Anyone who has studied a skerrick of history knows that protecting free speech is about giving voice to the powerless against the majority and established interests’. Consequently, freedom of speech ought to be viewed as a mechanism against political tyranny and undue concentration of power. Of course, there will likely always be people making bigoted statements amongst us. This is the price of living in a free society; a point which has been made by Salman Rushdie, the British novelist who was put under an Islamic death sentence because he had insulted Muslim sensibilities. He stated: The idea that any kind of free society can be constructed in which people will never be offended or insulted is absurd. So too is the notion that people should have the right to call on the law to defend them against being offended or insulted. A fundamental decision needs to be made: Do we want
to live in a free society or not? Democracy is not a tea party where people sit around making polite conversation. In democracies people get extremely upset with each other. They argue vehemently against each other’s positions. Rushdie goes on to conclude: People have the fundamental right to take an argument to the point where somebody is offended by what they say. It is no trick to support the free speech of somebody you agree with or to whose opinion you When ideas are forcibly repressed they cease being exposed and challenged in the course of public debate. Perhaps the most compelling evidence is pre-Nazi Germany. The Weimar Republic of the 1930s introduced laws against ‘insulting religious communities’. These laws were fully applied to prosecute hundreds of Nazi agitators, including Joseph Goebbels. Far from halting Nazi ideology, those laws helped the Nazi leadership achieve broader public support and recognition, and ultimately assisted the dissemination of racist ideas. As Brendan O’Neill points out: The Nazis turned their prosecutions for hate speech to their advantage, presenting themselves as political victims and whipping up public support among aggrieved sections of Germany society, their future social base. Far from halting Nazism, hate
The Nazis turned their prosecutions for hate speech to their advantage... Far from halting Nazism, hate speech legislation assisted it. - Brendan O’Neill
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Rights and Freedoms
It would be completely undemocratic, however, to argue that mere verbal insult should be punished as much as actual urgings of illegal violent action.
speech legislation assisted it’. While the idea of inciting violence links the expression of thoughts to actions, the idea of hate speech legislation links the expression of thoughts to no more than simply thoughts. This amounts to the fabrication of a new crime of opinion analogous to the crime that used to be committed by ‘enemies of the people’ in the former Soviet Union. Such law allows the government to demarcate the things that citizens are allowed to say. It is indeed one of the greatest ironies of the recent past that neo-Marxists and post-modernists have convinced the governments of Western democracies to abandon the liberal vision of freedom of speech, whereas the oppressed people of countries with official Marxist ideologies have never achieved any reasonable form of free speech.
of speech. This ‘hurt feelings’ test is far below the defamation threshold which applies when a person has been brought into ‘hatred, ridicule or contempt’. Rather, the words ‘offend, insult, humiliate’ in s18C sets a harm threshold that is far too low. Indeed, when recommending the creation of a civil offence of ‘incitement to racial hostility’ before the introduction of the RDA the Human Rights and Equal Opportunity Commission ‘stressed that the threshold for prohibited conduct must be higher than ‘expressions of mere ill will’ or conduct which results in ‘hurt feelings or injured sensibilities’, as this can lead to a large number of trivial complaints’. The Australian Constitution does not expressly guarantee freedom of speech, but the democratic form of government it establishes presupposes that people should be free to inform and be informed on political matters. The High Court has rightly found that at the very foundation of our democratic system exists a right to speak freely on matters of public importance. In Coleman v Power, for example, standing in the majority McHugh J held that ‘insults are a legitimate
Passed with the pretence of inhibiting intolerance, one of the most effective means by which free speech can be silenced is under the cover of laws against racial discrimination. A leading example is section 18C of the Federal Racial Discrimination Act 1975. Under the existing s18C it is unlawful for a person to do an act (other than in private) if the act ‘is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate’ a person where the act is done ‘because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group’. As Joshua Forrester, Lorraine Finlay and I have stated in our book ‘No Offence Intended’ (Connor Court, 2016), this is an extremely broad prohibition. It represents an extraordinary limitation of freedom
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Murdoch Student Law Society part of the political discussion protected by the Constitution’. He also commented that, insofar as the insulting words are used in the course of political discussion, ‘an unqualified prohibition on their use cannot be justified as compatible with the implied freedom’. Gummow and Hayne JJ concurred and then reminded that ‘insult and invective have been employed in political communication since the time of Demosthenes’. Kirby J also concurred and added that Australia’s politics has always included ‘insult and emotion, calumny and invective’, and that the implied freedom must allow for all this. Just how offensive political communication can be was considered by the High Court in the 2002 case of Roberts v Bass. During the course of that judgement (which dealt with untrue allegations made against a member of the South Australian Parliament) Kirby J stated that the implied freedom protects insults, abuse, and ridicule made in the process of the political communication. Kirby J also reminded that ‘Political communication in Australia is often robust, exaggerated, angry, mixing fact and comment and commonly appealing to prejudice, fear and selfinterest’. The natural implication is that no Australian law can prohibit speech that involves insults, abuse and/or ridicule, to the extent that such speech is political in character. Absolute free speech under all circumstances can never be a possibility. There are easily and demonstrable exceptions whereby reasonable limits to speech may provide greater service to freedom than open discourse. Within the boundaries of speech that should enjoy some protection, certain limited categories of speech have lower value, most notably sexually explicit speech that falls short of obscenity. Further, direct acts of violence and direct attacks on the physical integrity of another person should never be protected. Speech can also be controlled to some degree in time of national crisis such as in time of war. It would be completely undemocratic, however, to argue that mere verbal insult should be punished as much as actual urgings of illegal violent action. In a real democracy people must have the right to choose the words that best reflect their personal feelings,
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and ‘strong words may better convey to listeners the intensity of feeling than more conventional language.’ Above all, a true democracy requires that people must be strong enough to tolerate robust expressions of disagreement and personal opposition. The democratic state may permit such things as a ban on some words on daytime radio, and regulate the location of sex shops and brothels, but it should never sustain any general prohibition of all forms of speech simply because they are thought to be offensive. Under democratic theory, ‘open discourse is conductive of discovering the truth than is government selection of what the public hears. Free statement of personal beliefs and feelings is an important aspect of individual autonomy’. To the extent that hate-speech laws unreasonably compromise our freedom of political communication, such laws constitute an undue violation of our democratic system of government as established by the Commonwealth Constitution and so properly recognised by the High Court of Australia.
Dr Augusto Zimmermann LLB, LLM, PhD (Mon.) Law Reform Commissioner, Law Reform Commission of Western Australia; President, The Western Australian Legal Theory Association (WALTA); Senior Lecturer and Unit Coordinator for Constitutional Law and Legal Theory, Murdoch University School of Law.
No Offence Intended: Why 18c Is Wrong Book by Augusto Zimmermann, Joshua Forrester, & Lorraine Finlay RRP $32.95
Murdoch Student Law Society
Silver Linings and HECS Debts By Conrad Liveris
You’ve all seen the reports that show that grad roles are disappearing, that automation is filling in traditionally junior roles and that it’s never been this hard to get a job in a big firm.
are slowly, but surely, being whittled away. Instead of chambers with fine jarrah wood and a view that others would kill for, you are going to have a client messaging you on Slack. Instead of flying business class between Perth, Sydney, Singapore and London, you’ll have late night phone calls that require you to be short, sharp and direct.
Any preconceived ideas you had about being a lawyer
No matter how many firms enter the Australian and
The career you signed up for is fading before your eyes, but not all hope is lost.
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Rights and Freedoms
Perth markets, there will never be enough work. Well, that might not be true. It is true if you still fancy yourself as a partner or commercial barrister by the time you’re 35, but the days of David Gonski at Freehills are long gone. If grads are a dime a dozen, what work will they do? Better work, which is more complex, of greater need and has a real impact. That’s what business is saying loud and clear. Brisbane Airport Corporation’s general counsel Sarah Thornton told the Financial Review in June that “business is crying out for a different style. You need to be able to summarise and simplify, put things in tables and graphs and charts.” She was speaking off the back of a report from the Association of Corporate Counsel, who are dealing with cost-cutting and higher workloads. In short, they’re bored of reading and want to know what to do. Why? “The legal role has become far more integrated with the senior management team,” said counsel for South 32 Chris Robertson.
the profession. In their report The Future of Law and Innovation in the Profession they posit that more lawyers will become specialists in their fields. It’s an idea slowly coming to fruition, you will see this in big firms easily. As you become a specialist, and confident in your knowledge and capability, you will be willing to try and test new approaches. You will become confident and ambitious - these are good things. Having the confidence to push yourself is what inspires clients, and separates you from your (many) peers. Indeed, it’s the old style lawyers, those stuck in their chambers who limit their interactions with juniors, that will feel this pain the greatest. You have that as an advantage, you are growing up with these realities. And in all of this we are left with a profession which cares less about you doing an all-nighter, because your boss wanted it. They aren’t interested in knowing how busy you are, nor do they give a damn about who you know. They want to see you, as RuPaul says, work.
They don’t want hours drafting a letter or someone who is obsessive-compulsive in their research - they want an answer. Increasingly, they are unwilling to pay for grads when they know a partner or senior associate can - and should - do that work. The modern client, rightly, doesn’t give a damn about how long it took you or how you got that answer. That’s what drives the existence of firms like Pragma Legal, a West Perth-based firm which quotes on projects not hours.
This is a shift that many will fail at - even the big kids in QV1 - and while it might not seem like it, you have an advantage. You’re starting your practice with this frame of mind. With this instability and transience in work and practice the experience you have - even as a student - is better than those in the good leather seats in Allendale Square.
Here is the future of practice, and the opportunities for those early in or starting their careers.
If you reconcile with these challenges, rather than claiming woe is me, you will be a more effective lawyer and professional.
The Law Society of New South Wales, arguably the most active professional body on the future of the profession, sees a decline in the repetitive work of
Conrad Liveris is a corporate adviser on workforces and risk, his clients include top tier professional services firms.
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Murdoch Student Law Society
Criminology and CounterTerrorism: Finding a Meeting Point By Lucy Stronach
When most people think of crime, they think of burglary or assaults. What they don’t think of is terrorism. Yet terrorism is a crime, it breaks the law and more often than not, results in lengthy prison sentences. In the past, bridging the divide between crime and terrorism has been difficult, especially for academics and students studying these topics. As a student myself (studying a double major of Criminology and Security, Terrorism and CounterTerrorism Studies), I have often found it difficult to merge these two very diverse topics together. They draw on entirely different theoretical bases and hence cover issues that are often contrasting. However, in recent times the link between crime and terrorism has become more easily identifiable, and by extension these two fields become easier to study, find employment in, and hopefully prevent. Mud Volleyball was the first sporting event of the semester ensuring a filthy good time.
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Terrorism has always been thought of as a singular issue by the media, mainstream society and even prominent academics. And this isn’t entirely wrong, terrorism is what we call ‘exceptional’. As a concept, it is exceptional in nature and hence requires responses that are different to those of common offences. Enhanced government powers allow increased surveillance, violations of due process and even the imprisonment and torture of terror suspects. These responses would not be allowed for the suspect of a crime such as theft, but a potential terrorist? These actions are tolerated and even condoned by society. Furthermore, if say ten people were killed in a mass shooting, people would react very differently to if ten people were killed in an act of terror. A mass shooting may see society demand changes to legislation, push for an increased awareness of mental health issues, or outrage against gun control laws. As soon as a crime is labelled an act of terrorism, things change. Whole groups of people are discriminated against. People identifying with a certain religion or race are subject to prejudices on a daily basis. Governments are given the ability to rob people of their democratic values in the name of preventing terrorism. And the media feeds off the sensationalism of it all, promoting a toxic discourse of hatred and fear. So yes, in many senses, terrorism needs to be viewed in a category of its own. This does not mean that we cannot find links between terrorism and crime. In fact, in this age these links are becoming more and more apparent. As the world continues to globalise and become more interlinked, terrorist organisations are identifying newer and smarter ways of recruiting, financing, planning and executing operations. The line between terror networks and organised criminals is now blurred; oftentimes they are one and the same. For years, organisations such as al Qaeda, the Liberation Tigers of Tamil Eelam (LTTE), the Taliban and now the Islamic State of Iraq and the Levant (ISIS) have been using transnational crime
to facilitate their mission. The more favourable crimes amongst many of these groups include drug smuggling, illegal arms dealing, wildlife trade and human trafficking. Now even domestically based terrorists (including the Taliban) operate in a way that does not only impact one state, but the whole world. Illicit drug markets used to fund terrorists in South Asia can be found on the streets of places as far as Europe or Australia. These same groups use techniques of bribery, coercion, corruption, kidnapping and torture to recruit members, and execute attacks. Despite the realisation that crime does play a very significant role in facilitating terrorism, students and academics of this field have also been exposed to the ability for crime to help counter terrorism. As law enforcement agencies evolve, they discover new and more effective methods of combating crime. One of these methods is Community Policing, a form of police work that involves collaboration between law enforcement agencies and the wider public. This topic is studied quite extensively by students in both Criminology and Counter-Terrorism, as it has been found to help reduce crime, and the process of radicalisation that leads to terrorist activities. Community policing includes a variety of philosophical and operational measures that are oriented toward developing police/community partnerships to address conditions that encourage issues like crime, disorder and fear of crime. Community police officers work with community leaders, elders and parents to help identify early warning signs of radicalisation and criminal behaviour, and not only offer positive relationships between law enforcement and the community, but provide the best hopes of countering radicalisation and criminal activities in the future.
Lucy Stronach is the 2017 and 2018 Criminology Representative for MSLS. She is also the face of one of Murdoch’s ‘Free Your Think’ campaigns for Criminology and Counter-Terrorism studies through Murdoch Law School.
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RACHEL LEE – LIFE AT A GLOBAL LAW FIRM HOW DID I GET HERE? I started at Herbert Smith Freehills in March 2015 after completing a vacation clerkship in January 2014. Prior to clerking I was uncertain whether I wanted to work in government, criminal law, commercial law, community law or perhaps something entirely different.
RACHEL LEE GRADUATE
The reason I chose to work at a large commercial law firm is predominantly for the opportunity to work with smart, dedicated people who challenge you to become the best lawyer possible. I have met great mentors here who have helped me shape my career direction and discover new interest areas. I have also had the opportunity to balance my passions for working on challenging, large "front page" commercial matters and pro bono human rights matters.
LIFE AS A GRADUATE
My first two years at Herbert Smith Freehills have offered great training and mentoring, opportunities, and have challenged me as a person – I would recommend this career option to any law graduate in a minute! RACHEL LEE
As a graduate lawyer at Herbert Smith Freehills you complete three six month rotations around teams within the firm. I worked in Employment, Pensions & Incentives, Disputes and Mergers and Acquisitions. As a graduate I always felt like a valued part of the teams I worked with. In these roles I attended Court, drafted transaction documents, attended General Meetings, prepared research notes and assisted with writing legal advice. A big highlight of the experience was the opportunity to do work with so many offices on deals and disputes happening in various parts of the world from Singapore to Paris to - the most glam of all - Brisbane. The lawyers I worked with were great at giving me the opportunity to attend client calls and meetings regarding work that I assisted with. A key difference from law school is that you have people sitting in front of you with a real problem - often involving millions of dollars and lots of non-legal commercial risks and pressures to factor in - and no clear answer. This can be scary, but it is also what motivates you to do the best work possible and give a clear, commercial answer to help the business you are working with.
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I have also been involved in the firm's community initiatives. This has included a mentoring program for girls at Clontarf Aboriginal College, cooking Christmas dinner for the kids at Ronald McDonald House and meeting with the firm's Big Issue vendor, Eve, fortnightly.
WORKING IN LONDON I am currently on a six month secondment in our London office. Graduates have the opportunity to apply for a secondment to our London office or one of our Asian offices during their first two years. Working at the London office has been the opportunity of a lifetime. People here call us "Herbies", which is a cute alternative to the nickname Herbert Smith Freehills had while I was at UWA of "Freemeals". The clients that I work with are predominantly in the consumer products sector including pharmaceutical manufacturers, alcoholic beverages companies, food and soft drink companies and self driving cars (sadly yet to be offered a test drive, but we did get toy cars from one client!). I have had the opportunity to meet with top QCs, have assisted with a Court of Appeal hearing on issues of international intellectual property law and have worked on market leading advice for emerging consumer products (including an analysis of Twitter Tweets for one matter!). In addition to client work, I have also worked on pro bono EU migration law advice to vulnerable people such as trafficking victims, human rights law position papers on issues such the rights of the children of prisoners and (for the Serial podcast fans) I have been involved in an innocence-project style appeal of a murder case from the Caribbean to the Privy Council. It has not been all work and no play – two of my favourite social events have been the Herbert Smith Freehills Christmas party inside Tower Bridge overlooking the Thames and a comedy night with performers from Edinburgh Fringe for multi-cultural week.
© Herbert Smith Freehills 2017 NOF166714_RL 170217
Murdoch Student Law Society
2017 Competition Winners Junior Trial Advocacy Owen Wright
Senior Trial Advocacy Adriana Costanzo
Senior Mooting Joshua Scoles
Senior Client Interview Elisha Rayner & Joshua Richards
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An impressive showdown between two of Murdoch’s newest law students: Owen Wright and Reuben Pemberton-Ovens. The event was held at the Ashurst offices with Owen winning the competition. Expect to see big things in the future from Owen!
The entertaining and popular Rick and Morty themed grand final between Adriana Costanzo and Joshua Scholes was held at the Ashurst offices. After intense competition, Adriana was ultimately awarded the top Senior Trial Advocacy prize.
Herbert Smith Freehills hosted the Grand Final in their offices as Josh went up against some very strong opposition. Joshua previously won the Junior Criminal Moot in 2016. Joshua went on to compete at ALSA this year, and is taking part in the FDI Arbitration Moot.
Joshua & Elisha competed in the last grand final for the semester, going up against the formidable Sunand Fernandez and Maggie Woollett. A very big thank you to Success Legal who helped out with judging in every round, including a full panel for the Grand Final.
Rights and Freedoms
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.
Negotiations Elisha Rayner & Amy Weston
Novice Moot Reuben Pemberton-Ovens
Junior Client Interview Cody Stevenson & Adam Sibum
ALSA 2017 A big congratulations to the team that attended the 2017 Australian Law Students’ Association (ALSA) Conference in Canberra as representatives of the Murdoch
A political qustion of leadership and policies sparked a volley of negotiations between Andrew Hunter, Josh Walsh, Elisha Rayner and Amy Weston. Winning this senior competition, both Elisha and Amy qualified to represent MSLS at ALSA in 2018.
Giving those who have never mooted before the chance to try it, the competition was fierce. Four finalists faced a panel of judges and ultimately Reuben PembertonOvens won. Reuben was also in the Junior Trial Advocacy Grand Final earlier in the year.
Following continuously high quality rounds of competitors, the grand final saw Cody Stevenson and Adam Sibum take out the top prize. There was intense questioning of a Trump themed question, a tense crowd and it was an all round good night for spectators.
Student Law Society. The team included Joshua Scoles, Johanna More, Joshua Walsh, Marche Bantum, and Ash Szczecinski. Congratulations to Johanna More for making it to the Semi Finals of Witness Exam (Trial Advocacy) competition!
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Murdoch Student Law Society
MSLS does not condone any bullying or harrassment in any form and is committed to creating a safe and healthy environment for all university students. In addition, the pressures and stresses associated with university and work in the legal profession can sometimes have a negative effect on a person’s mental wellbeing and we encourage all to look after their mental health. For legal advice on issues related to mental health, the Mental Health Law Centre is able to provide official advice. If you or anyone you know is suffering from depression, anxiety or needs help, please reach out. Included here are some resources to seek help. If in crisis and needing urgent help, please dial 000.
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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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Apps for University All applications are avaialble for both Apple iOs and Android phones and will give you that little extra boost to study and preparing for the semester! Most are also available for ipad!
QPAY All tickets to MSLS social events are sold through QPay. Merchandise is also available exclusively through Qpay. Really easy to use!
MURDOCHSAFE Launched in 2017, Murdoch students now have fast access to vital safety and wellbeing resources, including immediate support.
MOODLE All Murdoch units use this system. You can access results, documents and even save documents and slides for offline use.
LOST ON CAMPUS Murdoch university has finally been added and now you never need to be lost!... except let’s face it, it’s inevitable.
ECHO 360 This app is where all your lecture recordings can be found easily. Only downside is it loses your place when exiting the app
MY HOMEWORK Save your timetable and enter in assignment for the semester. Notification abilities alert you when a due date is approaching.
Did you Know? Did you know that all enrolled Murdoch University students are eligible to download Microsoft Office 365 ProPlus and EndNote for free? Each student is allowed to install Microsoft Office on up to 5 devices. For more information, see the staff in the Library, or visit goto.murdoch.edu. au/GetOffice and sign in with your university credentials
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Murdoch Student Law Society
A Poor Man’s Guide to Living On a Shoestring 1
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Free stuff is good stuff
University
There is a host of free opportunities for students, especially with Murdoch Student Law Society events. Keep an eye on the MSLS and Murdoch facebook pages for free educational and social events around campus.
This is a big one: Don’t buy your course books until you’ve gone to at least one or two lectures. On more than one occasion I’ve spent almost $100 on a book for a unit and was immediately told in the first lecture that it was either available online, or not required at all (for example the Australian Guide to Legal Citation is available online).
Another free option for those who don’t mind their writing tools plastered with ‘Murdoch University’ or ‘Corrs Chambers Westgarth’ is pens, often freely available at careers events and various legal careers fairs throughout the year. Only fools pay for stationary and pass up the chance to proudly advertise their university or a local law firm when writing their 10,000 word essays (because that’s totally still done with pen and paper).
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Books
You’re not going to miss much when foregoing the text books for the first week or two. There are also services that rent textbooks for six month periods. Textbooks are very expensive, so always find out first whether or not you actually need it. While we’re on the subject of books: Second hand books. Enough said.
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Starting university, you’ll quickly find that with parking fees, food costs, course books, extracurricular activities (parties), tuition fees, and compulsory amenities fees that it is often very difficult to support your spontaneous shoe shopping sprees and basic human needs, particularly if you’re studying full time and have little ‘free’ time in which to work. Thankfully there are ways for this apparently insurmountable mass of expenses to be alleviated. So, to help out with those everyday costs and expenses the average university student has to live with, here’s a short list of pro-tips from an experienced cheapskate undergraduate.
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Campus Coffee and Food
Parking
There is not that much difference between the different parking zones at Murdoch University. If you’re driving to uni and more concerned with your finances than a short walk, go for green zone parking. You will save over $100 for a full-year parking permit and get some exercise at the same time. The only downside is walking in the dark on those long nights at the library. The more expensive red zone parking that is slightly closer to the university often fills up very fast anyway. Also, parking inspectors aren’t a myth and always somehow always manage to catch you on that one time you didn’t pay for a ticket. Just get the permit.
Get your tri-daily coffee at the Law Café. Shameless self-promotion perhaps, but with the cheapest coffee on campus, it’s definitely a better option than the $4 or so equivalent at Aroma or ‘Caffeine’. It’s also a great place to meet other law, legal studies, or criminology students and hang out after another completed assignment has you deadbeat. The Law Café is also equipped with a top of the line* microwave available for all your student cuisine needs, such as migoreng and reheating pizza from last night. Avoid forking out $10 a day for lunch and bring your own. *mediocre
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Get connected to the rest of the world Be part of something exciting Allen & Overy was the first global elite law firm to commence operations in Australia. Our practice comprises hand-selected, top-tier partners and lawyers, each leaders and experts in their field. Allen & Overy offers comprehensive legal services in Australian and international markets. Our culture and the values we share inspire the way we work and behave: excellence in everyone and everything, dedication to our clients, helping our people to achieve their potential, respecting and including every individual, working together as one firm, and entrepreneurial spirit and energy.
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
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First Semester of Law School by Cody Stevenson Adjusting to university life is, arguably, a defining moment in anyone’s life. This is true regardless of if you’re coming straight from high school, ready to get punched in the gut with responsibility, or a dedicated mature age student with more enthusiasm and work ethic than the year twelve leavers group collectively. New university students deal with real deadlines, the daunting prospect of debt in excess of $30K when we have just 47c in the bank after the last Raffles Wednesdays, and of course, trying to find our classes now all the buildings have been given new names. It’s the first time many of us have had to cope in a real sink or swim environment. Law students are a special type of stupid though - we took all this into account and decided we wanted to join the school run by lawyers. There’s nothing quite like getting your first piece of
university work returned after being marked by a lawyer. My page had so much red ink on it that it looked like it came from a Quentin Tarantino film. A few dropped out, a few changed courses and most just had a good cry (pro tip: anything by Frank Ocean or Kevin Abstract is solid for a preexam/assignment tactical procrastination cry). So, what is the secret to surviving law school? Every student has their own method to succeed at university - the best being to just, you know, actually study. Maybe don’t renew the Netflix account this month. All jokes aside, try take things seriously, try not to hyperventilate and figure out what’s best for you. Just be comforted with the knowledge that no matter how hard it gets, your parents will always be there to remind you… that university is the greatest time of your life and it’s all downhill from here.
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Murdoch Student Law Society
The Life of a Mature Age Student Charlotte Solomon Returning to university after a prior degree, employment, or raising a family can be daunting. We are already juggling several balls, and the reintroduction of lectures, tutorials and ludicrously expensive textbooks can add stress to our lives. Organisation is the key to managing your workload. Structure your time like a working day and factor downtime into your routine. I am a visual learner so I approach the semester with colour coded determination, marking dates and times in my diary so I can see my schedule at a glance. Resources Murdoch has the largest number of mature age students compared to other WA universities. This is reflected in the level of support via the Law Advisor, Guild resources, PASS, accessible lecturers and Unit Coordinators. It can be difficult navigating the variety of units, majors, minors, available to students. Lauren (our student advisor) is adept at answering all your queries and putting together a study plan to see you through your 3-5 years in Law. Her door is always open and I have found her assistance invaluable.
you Contracts). I enjoy interacting with people of all ages and backgrounds, as this diversity often produces answers I could not have fathomed on my own. Memberships MSLS. Yes, I am part of the society, and I think you should be too. For a nominal fee of $10, you have access to super cheap coffee ($2), social and professional events such as information sessions hosted by large law firms. I strongly encourage you to look at Mooting, Trial Advocacy and Negotiation programs as a way of integrating theoretical and practical components of study. Professional organisations such as the Law Society of WA ($25 student membership) and Women Lawyers WA Inc ($10 yearly student membership) also provide information, networking, mentoring opportunities and an insight into the world of legal practitioners. Hands on experience An essential part of this degree is work experience, and it is never too early. Utilise your existing networks and resources, look at volunteering with a community legal centre to get a feel of hands on law. Approach your employer for possible in-house opportunities, you may be able to shadow someone in your organisation to identify areas that you are passionate about. Consider study and practicum placement opportunities abroad as the experience will help you stand out in what is becoming a very competitive work environment. Social, Social, Social.
Network and study groups Never underestimate the contacts you make at university; they provide support and friendships that can last beyond graduation and into the professional sphere. Study groups can be critical for units that are difficult to grasp (I’m looking at
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As a way of supporting MAGS, I would like to host sessions aimed at networking and getting to know fellow students. Keep an eye out for events, especially with Alumni who can provide insight into career progression specifically for mature age and graduate students. Sign up to MSLS and
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come visit the Cafe when you have the chance.
In Profile Charlotte Solomon Mature Age Rep 2017-2018 After a stint at university at 16, living out of home and ridiculously broke I found it very difficult to balance work and study. Fast forward a few years, I gave up my studies to raise a family and as
many of us know, time simply evaporated. With a small business under my belt, some questionable life experiences and my youngest starting fulltime school I decided to return to university and focus on me. My background is in government with 13 years at the federal level, with Customs, now known as Border Force. I thought I had seen it all. Then I started with the Metropolitan Cemeteries Board… that’s been an eye-opener. I am also involved in my local community through volunteer work and working with associations focusing on community engagement. My interest in law was piqued with the Cemeteries Act Review in 2016 focusing on amending the Act for currency in a rapidly developing industry. I am studying law to combine my life experience with a degree allowing me to contribute to community at a grassroots level. That’s the plan for now. I have found return to university life exhilarating, stimulating, exhausting but most of all, rewarding. I started this course part time in 2016 then switched to full time study this year. As a mature age undergrad, I figured it was super important to focus on experience and what I can bring to the table when applying for real world jobs. I have applied for a volunteer placement with a community legal centre (wish me luck), and a practicum placement abroad. I look forward to meeting you all, feel free to drop by the Café and say hi, or if you have any questions or comments please email me at matureage@
MSLS recognises that not everyone uses Facebook or can make it to campus. We are currently compiling an email list specifically for MAGS events, so please get in contact if you’d like to be involved and kept uptodate. Don’t miss out!
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Murdoch Student Law Society
Known by many, mastered by few. Procrastination may just be the greatest artistic form of self-expression in our demanding world. It will take but a moment to learn this simple trick, however, only time will tell if this is the path for you. Once perfected and finely tuned, this artistic skill is guaranteed to increase free time and stress while simultaneously decreasing work time and scores. It is up to each individual to find a functioning balance; in other words, finding the extent you are willing to lower your expectations and grades. For those few who start assignments when the question is released or manage to do all prescribed readings, procrastination may be nothing more than a foreign activity. To these people, procrastination is intentionally ignoring the priorities of tasks and activities. The procrastination cycle has been broken down into four easy steps. The constant never-ending cycle does have some positive outcomes. Masters of this art are able to work under immense pressure with strict deadlines, retain information at a quicker rate and can completely make up reasons and excuses for why they shouldn’t change.
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The How To Guide on Procrastination Stage One: Be Unproductive
This step is the most enjoyable and most attractive aspect of procrastinating. The individual will procrastinate from the highest priority task (e.g. an assignment) with every unproductive activity imaginable. Make no mistake, each of these unproductive activities requires high levels of effort and dedication. Taking a four hour nap in the middle of the day, binge watching all seasons Game of Thrones, opening the fridge in five minute intervals; these activities are not for the feint hearted.
This step comes about when the individual realises they need to start working if they want a good mark (usually 1 – 2 weeks before the due date). Feeling too guilty to do the normal unproductive procrastination, the only option is to turn to extremely low priority productive activities. Cleaning the house, renaming and organising all your notes in subfolders, buying more stationary; these low priority tasks come with the illusion of productivity and erase all guilt of wasting time.
Stage Three: Stress Infused Work
Stage Two: Be Productively Unproductive
After waiting until the last possible minute to start and running out of activities to procrastinate with, it is finally time to start work. Each second stuck in the library, each word typed, each red bull drunk is so heavily infused with stress that only the minimal amount of work is done with passing being the only expectation. A 2000 word essay means no more than 1800 words, ‘various sources’ means one sentence quoted in ten different articles and obviously the ‘no Wikipedia’ rule doesn’t apply. When you finally complete your work that could easily fertilise a tree for the next fifteen years, this step concludes with submitting your work sans any sort of proof reading and preparing to get a lower grade than your Urkund percentage.
Lastly, after being put through this torturous ordeal, promise to never wait until the last minute again. Promise yourself, your parents and God you will study and be a functioning student next semester, even though you know it’s less likely than getting a job after graduation.
Stage Four: Promise to Change
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“It was surreal to work on real files, real client work and to be trusted with complex research tasks on a diverse range of legal issues.�
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Jackson McDonald Careers Jackson McDonald @jacmacwa www.jacmac.com.au
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THE SOCIAL PAGES MSLS is proud to reflect on some of the events of 2017, as well as present the final selection for the 2018 MSLS Committee!
President - Carmen Grobbelaar Secretary - Gemma Szumilak Treasurer - Angela Khemlani Finance Officer - Rebecca Kale Education & Careers VP - MarchĂŠ Bantum Education Officer - Karla Fernandes Careers Officer - Sarah Payne Social & Sporting VP - Daniel Bone Social Officer - Cody Stevenson Sporting Officer - Timothy Wrathall Competitions VP - Calum Moultrie Competitions Officer - Daniel Morey Competitions Officer - Owen Wright
Publications & Marketing VP - Daniel Baker Marketing Officer - Katie Brakespeare Publications Officer - Vacant Social Justice Officer - Lauren Chambers Criminology Representative - Lucy Stronach Criminology Representative - Vacant General Committee - Elisha Rayner General Committee - Troy Sauzier Mature Age & Graduate Representative Charlotte Solomon CafĂŠ Manager - Nicola Greenshields
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