Editor’s Welcome
Volume 21 Edition 2, May 2015
EDITOR Patrick Barkachi DEPUTY EDITOR Lucy Wu DESIGNER Nathan Li
Staring at the front cover you might be confused, what does this abstract work of art have anything to do with a law magazine? Apart from simply being aesthetically pleasing (like all of us at Macquarie Law), this work is homage to one of the greatest abstract expressionists in art – Pablo Picasso. Why does it matter? Typically the view of law is that it is ‘fixed and rational’, and that of art being ‘autonomous and ambiguous’. Although the law will put on a convincing mask of rationality and order, its underlying ideas stem from the same obscurity that inspires creativity and expressions of art. These ideas create division and unity in our society, although we at ‘The Brief’ would love to delve into them all, we have a limited number of pages for intellectual adventure. One of these contentious concepts is Freedom. Fundamentally, what is Freedom? An infinite journey into depths of creativity unfettered by regulations… It’s an abstract and whimsical idea that can be expressed through the art and life of Pablo Picasso. His abstract works are a result of the freedom of expression he found away from classical French influences. Picasso was able to develop this freedom of thought and expression, even under the Nazi occupation of Paris where ‘degenerate art’ was a threat. Nazis at the time believed Picasso’s works were damaging the moral fabric of society. Today we celebrate his masterpieces – they are a testament to the importance and resilience of Freedom. Unfortunately we can’t paint - This edition of The Brief will explore the facets of Freedom in a legal dimension. This edition includes a discussion with Tim Wilson - Australian Human Rights Commissioner on Freedom in contemporary Australia. We also introduce a new segment, ‘The Devil’s Advocate’ – here our writers defend an unpopular opinion to highlight the importance of impartiality. Each article is a product of hard work from Macquarie University Law students, each of them volunteering themselves to a balancing act of University, Life and The Brief. For the first time since it’s inception The Brief has a dedicated and successful blog on pertinent legal issues – I’d like to give special mention to Deputy Editor-in-Chief Lucy Wu. Without her hard work The Brief Online would not be at the standard it currently is. This Edition of The Brief seeks to enlighten you with ideas, incite internal discourse and entertain you. I hope you enjoy it as much as I have. Patrick Barkachi | Brief Editor
SUB EDITORS Elyse O’Sullivan, Katharine Lam, Nicholas Owczarek, William Lam, Ali Hookmani, Hannah Bell, Blake Sherry, Sahana Nava, Laura Muir, Emma Breislin, Gabriel Joseph, Tanya Thomas, Yi Wong, Valiant Warzecha, Lisa Barca, Natalie Morton, Paulina Sukari CONTRIBUTORS Tim Wilson (Australian Human Rights Comissioner), Katie Wrigley (Principal Solicitor: Refugee Advice Casework), Peter Zivkovic, Blake Sherry, Dusan Djukic, Eda Ince, Sam Bodell, Stephanie Triefus, Sevanne McGarity, Cassie Puah, Sheridan New, Ama Somaratna, Tony Zhang, Satyajeet Marar, Russel Alivio, Smeetha Jayakumar EDITORIAL REVIEW Angela Voerman Manager, Student Engagement Emma Grimley Director (Publications), Macquarie University Law Society IMAGE CREDITS Macquarie University Art Gallery and Shutterstock unless otherwise specified. THE BRIEF ONLINE The Brief's editions and online content can be found at http:// muls.org/brief/ or through our Facebook page. DISCLAIMER All views expressed herein are those of the individual authors and do not reflect, in any way, the attitude of the Macquarie University Law Society. The Macquarie University Law Society does not accept any responsibility for the losses flowing from the publication of material in The Brief.
Edition 2, 2015 | 5