Obiter, Issue 3, Semester 2, 2013

the ndsls

obiter

Disability Discrimination Commissioner Graeme Innes AM addressing the Social Justice Lecture

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Week Eight Semester Two Volume Two 2013 the notre dame sydney law society

From the

notre dame sydney law society

acknowledgements Obiter Issue Three, Volume Two Editor Caroline Michel Contributors Peter Gray Dominic Rohde Design Alexander Carlos NDSLS Committee 2013 Executive Eden Christopher, President Natalie Baladi, Vice-President Daniel Austin, Secretary Sean D’almada Remedios, Treasurer Directors Jacob Deigan, Careers Julia Lavers, Competitions Aidan Williams, Education Peter Gray, IT Alexander Carlos, Marketing Caroline Michel, Publications Dominique Hermo, Social Events Rachel Bennett, Social Justice Lauren Absalom, Sponsorship Year Representatives Adrian Vincent, First Year Shelby van Ooran, Second Year Caitlin Gallagher, Third Year Sean D’almada Remedios, Fourth/Final Year Contact the Editor Contact the Committee www.ndsls.org

Editor

Caroline Michel

Hello all!

had to give up in order to get it.”

It’s so hard to believe it is week

It’s times like these where we

eight already! We are more than

need to give credit to ourselves

half way through the semester,

for all our little successes, and

and we’re at a point where

the things we forego (whether

assessments are starting to

small or large) to achieve those.

build up again.

It’s been a pretty exciting week

Despite the mid semester

for some of us in the Law

break still being over a week

School- on Monday we held our

away, now is the time to start

first ever Social Justice Lecture,

preparing for exams, and

with guest keynote speaker

readjusting if you want to

Graeme Innes AM. The event

improve you grades. ‘Yeah, right’

was a great success and we

I hear you say, but for someone

thank all those who attended!

who is quite notorious for the

The first round of the mooting

last minute cram session, I’ve

competition also took place last

come to realise that this change

week. As a competitor this year,

in attitude is what I need to

I can say that the competition

have in order to head into

is both challenging and very

exams as confident as possible,

enjoyable. I feel that mooting is

and come out of this semester

the most helpful competition in

proud of the efforts I’ve put in. I

terms of developing research

find that week eight is a perfect

and presentation skills. The

time to reaffirm myself, and set

second round of the competition

appropriate goals for the next

takes place on Wednesday

few weeks.

and Friday, and anyone is welcome to come and watch

During stressful times where

our competitors battle it out for

we are both receiving marks

a spot in the final! Details have

back, and submitting more

been included further in this

assignments, I always remind

issue.

myself of some mantras from the Dalai Lama (Don’t worry, I’m

That’s all from me for now! Best

not a self proclaimed hipster, I

of luck, and I hope you all have a

just think wise words can never

relaxing and enjoyable break.

go astray!). My favourite being, “Judge 2 your success by what you

Caroline

the obiter , issue three , volume two 2013

From the President, Eden Christopher

In this issue:

I could almost replicate my President’s note from this time last semester! ... but I won’t do that because although each semester can be so predictable, there are always new challenges to meet. If you’re feeling a bit of cabin fever then maybe you should go about changing it up this weekend or approaching things differently. Breaking a habit is very hard especially bad habits (because they are usually born out of convenience) and so it’ll always take that little bit extra to change and then even a little bit more to persist!

Something I’d really love everyone to do is attend our Competition Grand Finals this year. I first signed up to competitions in third year and I SUCKED! I am almost certain my partner and I received the worst score ever in Client Interview. I persisted in the next competition thanks to a friend encouraging me and I’ve gained so much from showing just that little bit of courage and changing up my usual habits.

From those small beginnings I’ve been around Australia and seen and participated in LSS competitions at the highest levels. This year at ALSA in Perth I was lucky enough to get a seat in the Championship moot in the WA District Court with Chief Justice French adjudicating and I watched the International Humanitarian Law Moot in the WA Supreme Court. Seeing the calibre of these participants, the procedure and the submissions, listening to the questions and how the participants responded really affirmed to me that I wanted to do what I am doing - because I found it so exciting! I think everyone would really get something out of attending.

Finally, I hope you all have a safe and worthwhile mid-semester break.

Yours in law, Eden O Captain, my Captain el Presidente

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Calendar

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NDSLS Online

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Inaugural Social Justice Lecture

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The Right to Complain

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Head of DPP visits Criminal Law class at Notre Dame

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Mooting

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NDSLS Elections

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YourSay

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notre dame sydney law society

Upcoming Events

oct

8

NDSLS Annual General Meeting

10

Paper Presentation Submission Deadline

12

Staff v Students Sports Day

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Stevens Vuaran Lawyers Grand Final Moot

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the obiter , issue three , volume two 2013

The NDSLS Online Connect with us on all of our online portals to make sure you never miss a story!

facebook.com/NotreDameSydneyLawSociety twitter.com/NDSLS youtube.com/NDSLS www.ndsls.org

Social media enquiries: Alexander Carlos, Marketing Director Website enquiries: Peter Gray, IT Director

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Inaugural Social Justice Lecture A reflection by Caroline Michel On Monday 16th September, the NDSLS

For our inaugural lecture, we were very lucky

hosted our inaugural Annual Social Justice

to have a very special and influential guest

Lecture. This event has been a long time in

as the keynote speaker. This guest was

the making- a year long goal for our Social

Disability

Justice Director, Rachel Bennett. Our aim in

Graeme Innes AM. Mr. Innes is an incredibly

creating this event was to expand the social

influential figure in the field of disability

justice portfolio, and provide all students,

rights in the legal and political world. Innes

staff, and community members with more

has dedicated many years towards actively

opportunities to engage with social and

trying to improve the social wellbeing of

legal justice first hand. We hope that this

physically and mentally disabled people,

initiative will continue in the future, and

particularly in the area of discrimination,

eventually expand to an entire ‘Social Justice

and public accessibility.

and Well Being Week’ (Similar to our popular Careers Week).

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Discrimination

Commissioner,

the obiter , issue three , volume two 2013

He has worked on many high profile cases,

student, I find that it is far too easy to get

such as recent actions against RailCorp

caught up in the ‘corporate race’; the aim

concerning their audio announcements on

to get a job at a top tier firm, and benefit

trains (which have improved greatly as a

myself as much as I can. Although this is a

result), the Federal Court case against The

perfectly acceptable goal and career path

Hills Grammar School to provide wheelchair

for those interested in corporate law, our

accessibility to their school, and many other

obsession for gaining an edge can often

cases, which worked towards increasing

lead us to neglect consideration for the

wheelchair accessibility on buses.

humanitarian aspect of the law; social justice, and helping the most vulnerable

The topic for Mr Innes’ address was ‘Who the

in society. Innes is proof that lawyers and

law leaves behind, and how vocations can

law students can indeed use their skills,

change the world’. He approached this topic

knowledge and experience to change the

from a very personal perspective; which

lives of many.

was particularly emotive and engaging for all of us as audience members. As a vision

He emphasised that speaking out against

impaired lawyer, Innes shared his personal

injustice is the easiest way to change the

struggle to succeed in the legal profession

status quo; something as simple as posting

with a disability, and how he’s dedicated his

and sharing on social media outlets can

life and profession to help those achieve

create the necessary ‘buzz’ to bring about

the same merits, and to break down the

action and change in the legal and political

discrimination that still exists in many

world. The Law is not just a job- it can be

facets of society.

so much more enriching than that. It is a vocation that is able to change people’s

On a personal level, I found Mr Innes’

lives. Innes’ address proved that this idea

address to be incredibly uplifting (despite

is not idealistic, but indeed a very real

the serious subject matter), engaging,

possibility if we are willing to engage with it.

and most of all, inspiring. As a young law 7

notre dame sydney law society

For me, the most challenging and interesting

unfitness to plead or defend themselves in

aspect of Mr Innes’ speech was when he

a court of law. The statistics were incredibly

talked about trying to get his first legal job.

confronting, and made me really reflect

Despite having all the qualifications, he was

on the challenges of both physical and

often knocked back from job offers due

mental disability that need to be better

to his vision impairment. Luckily though,

acknowledged and addressed if we ever

he was eventually offered a clerical job

want to bring about positive change.

due to an employer giving him the well deserved chance that no one else had

On behalf of the NDSLS, I would like to thank

offered him, and from there, he worked

Maurice Blackburn Lawyers and Benbro

his way up the field and became very

Electronics for sponsoring our event. I’d also

successful, proving all those who doubted

like to thank Graeme Innes for dedicating his

him wrong. It emphasised the need for us

time and insight, and for providing us with

to address disability employment, and how

an incredible opportunity to reflect upon

the disabled should be entitled to enjoy

social justice, and the many things we can

all aspects of life as everyone else does,

do as lawyers to change people’s life for the

whether this be getting on the bus, getting

better. Finally, I would like to thank Rachel

to school, or being offered a job. Employing

Bennett, our Social Justice Director, for

the disabled not only helps the individual,

dedicating her time and efforts into bringing

but it addresses many other social issues

this event to fruition. It ran very smoothly,

such as homelessness and crime. Without

and the response was fantastic.

employment, the disabled are often more susceptible to homelessness or being sent

I look forward to next years Social Justice

to prison due to their perceived inability or

Lecture!

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The Right to Complain

By Peter Gray, IT Director

interestingly the informal vote has increased 0.4% since the 2010 poll.

As an avid politics nerd I have thoroughly enjoyed following the recent federal election. Time and

In the most recent election, out of a total

time again in each election we are told of the

13,354,226 votes, 94% or 12,568,198 votes were

informal vote. In a country which prides itself as

formal producing a total percentage of 5.89%

one of the best countries in the world for:

informal votes. At the same time just over 90% of Australians eligible to vote placed a vote in this

• Freedom of election and being elected;

election.1

• Freedom of assembly and political participation; • Freedom of speech, expression and religious

Irrespective of political persuasion or belief, it

belief;

begs the question: in a country where voting is a

• Rule of law;

democratic right, where we have the opportunity

• and many other basic human rights

to elect our governing representatives, why do we still have a minority within our population who

It makes me angry that many electors don’t take

don’t take the responsibility as seriously or as in

the opportunity to vote, unlike in other countries

high regard as 90% of Australians do?

where suffrage doesn’t exist or is limited. Most Photo: The Age

1 Australian Electoral Commission, House of Representatives – First Preferences by Party <http://vtr.aec.gov.au/HouseStateFirstPrefsByParty-17496-NAT.htm> 9

Does the increase in the informal vote anddame notre

Suffrage or the sydney law society

right to vote has come a long way

group of eligible voters who make the decision

since 1902 when Australia was the first country in

not to vote demand that changes be made to

the world to grant women the right to vote and

our educational curriculum? Is there a need

the right to be elected into federal parliament.4

for events targeted at informing the general

The Australian Electoral Commission (AEC)

public about how our political system operates?

continues to provide alternative means for voting

This could include how to vote, the history

other than voting at a polling booth on Election

and development of our political institutions,

Day. The AEC at the 2013 election offered the

suggested criteria to consider when voting and

following methods of voting: absentee vote, early

the role, responsibility and effect that their vote

voting or postal vote, interstate voting on Election

can have in our elections.

Day, overseas polling centres, provisional voting, mobile polling facilities, interpreter services

Those who have followed the count post-election

and information on how to vote translated into

would be aware of a number of seats that are

26 different languages5 as well as assistance to

being decided on as little as 100 votes, such as

voters who are visually impaired.6

Fairfax that shows Clive Palmer ahead by 98 votes.2 In my own electorate of Lindsay, where

Efforts have also been made to make enrolling

the sitting member lost by just over 6,500 votes

to vote easier and more accessible by allowing

before preferences and an informal vote of 7,699

young people to enrol when they are 16 or 17.7

and 92% of eligible voters completed a ballot

There is also the opportunity to do a ‘practice

paper it illustrates the real fact that every vote

vote’ online.8 To give you one of the more

counts.3

extreme forms now available for people to enrol, you can register to enrol as an elector in Antarctica!9

Australian Electoral Commission, QLD Division – Fairfax <http://vtr.aec.gov.au/HouseDivisionFirstPrefs-17496-160.htm>.

Australian Electoral Commission, NSW Division – Lindsay <http://vtr.aec.gov.au/HouseDivisionFirstPrefs-17496-128.htm>.

4 Australian Government, Australian suffragettes <australia.gov.au/about-australia/australian-story/austn-suffragettes>.

5 Australian Electoral Commission, Translated information and telephone interpreter service <http://www.aec.gov.au/About_ AEC/Translated_information/>.

6 Australian Electoral Commission, Ways to vote <http://www.aec.gov.au/voting/Ways_to_vote/index.htm>.

7 Australian Electoral Commission, Enrol to vote <http://www.aec.gov.au/enrol/>.

8 Australian Electoral Commission, Practice voting <http://www.aec.gov.au/Voting/How_to_vote/practice/>.

9 Australian Electoral Commission, Antarctic Electors <http://www.aec.gov.au/Enrolling_to_vote/Special_Category/Antarctic_electors.htm>.

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the obiter , issue three , volume two 2013

Head of DPP visits Criminal Law class at Notre Dame

Therefore, as future legal professionals we have a responsibility to advocate for change that ensures that the minority of people who don’t vote are given more opportunities to realise

By Dominic Rohde

the value and privilege available to them. Further, those of us who aspire to be politicians or seek to represent

Criminal Law classes at Notre Dame are

our communities have a responsibility

usually known for their dense analysis of

to give those disillusioned with the

case law precedence and the occasional

political system reasons to engage.

witty joke from lecturer Robert Pelletier,

With the advent of social media and

however, this class was to welcome an

increased technological developments,

unexpected dignitary: Lloyd Babb SC, the

we have a real opportunity to shape

Director of NSW Public Prosecution (DPP).

and foster the next generation of voters by sharing and connecting them

The first thing that one of my colleagues

with a likable electoral process.

and I noticed was the striking resemblance between our guest and the

If Australia wants to pride itself on

state member for Davidson, Jonathan

being a socially inclusive nation, it is

O’Dea – not only was Mr Babb similar

imperative that the vulnerable and

in stature, he had the same relaxed, yet

those without a voice are also given an

focused, aura about him.

opportunity to engage with the political Having attended high school in Hornsby

process.

Shire and later attending Macquarie University, Babb immediately struck a cord with the student audience as he drew comparison with the then provincial Macquarie University (in the 1980’s) with the relatively small Notre Dame Sydney campus.

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notre dame sydney law society

As he continued to describe his career path,

surfing and playing the guitar as activities

at first jumping from job to job, criminal law

he enjoys. The lesson here is probably two

to commercial law and back again, it became

fold: firstly, that engaging in regular physical

apparent that even the most accomplished

activity is not only a healthy lifestyle choice

lawyers and barrister’s have faced hurdles

but will also increase your productivity, and;

and uncertainty during their time in practice

secondly, that personal interests can be

but that a desire to follow your passions will

balanced with heavy work loads – during

get you through eventually.

university and in the workforce – if you manage your time effectively.

In 1989, Babb was admitted as an Australian lawyer and called to the Bar the same year.

One student asked Babb about his role as

Ten years later, he returned to his former

Director of the DPP. If Hollywood movies

high school, Asquith Boys High, to make

are to be believed, prosecutors are out for

an address to the student’s. He stated, “A

blood and the harshest possible sentence

criminal lawyer is always what I wanted to

so that every, and any, potential offender

be ever since I was in mock trial for Asquith

thinks twice. Babb’s answer was insightful

Boys High in year 10 in 1982. In our class, I

and, whilst acknowledging that the goal

distinctly recall Babb answering a student’s

of sentencing is to match the punishment

question on what skills we should be

with the crime, he demonstrated virtues

learning in preparation for the ‘real world’,

that government interviewers were most

with: “mooting and mock trail…certainly

likely looking for when they interviewed him

they will help you”. That is a piece of advice

for the position: a practical outlook with a

that all students should take to heart.

sympathetic attitude.

When

law

students

think

about

a

professional legal career post-law school, they generally imagine a job with relatively little pay compared with the workload, high stress environments and long nights. Rarely would it be assumed however, that someone with Babb’s tenure could list basketball, golf,

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the obiter , issue three , volume two 2013

Babb recounted one particular case involving a son and his father at a family gathering, which turned bitter when they got into a dispute and the son struck his father who then fell back and hit the pavement. At some stage that evening, the father tragically passed away from a head injury in his sleep. Babb was Crown Prosecutor at the time and during the trail, having recognised the son’s heavy guilt expressed on record, advised the jury that, should they find the son’s action to be less culpable than that of a hardened killer, they should acquit the son of manslaughter.

The role of the prosecution is to fairly bring criminal cases to the court’s attention that it feels needs to be carefully examined, and determined, in order to uphold community ideals of right and wrong. Babb is clearly an exemplar.

So what were some of the cut-through messages from Babb’s address? For one, that student anxiety is natural and the best way to counter it is to be prepared for in-class tests and end of semester exams. Perhaps more importantly, Babb, at 45, explained that students and practitioners alike should set goals and plan ahead. When opportunity and preparedness meet, great things can happen.

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Stevens Vuaran Lawyers Notre Dame Mooting Competition Round 2 of the Stevens Vuaran Lawyers Notre Dame Mooting Competition takes place next week (week 9) on Wednesday and Friday. The scores so far are very close, so anything could happen!

All students are welcome to observe the moots. The timetable for round 2 is below. All moots take place in the moot court in the Law School on Shepherd Street.

Wednesday 25th September, 12:30pm Appellants: Caroline Michel and Patrick Oâ&#x20AC;&#x2122;Sullivan Respondents: Kate McGurk and Mark Van Der Hout Friday 27th September, 12:30pm Appellants: Mohammed Algalele and Dominic Rohde Respondents: Alexander Carlos and Jeremy Maspero

NDSLS Elections After consultation with the Nominees, Staff

To cast a vote, you will need to present

of the Law School and Staff of Student

your Student ID to the Law Admin Officers

Services it has been decided a new election

in the School of Law. You will then receive,

will be run.

complete and return a ballot paper.

Voting will commence from Monday 23 September, 2013 (Week 9) to close of

The votes will be counted by 2 Staff Members

business Thursday 26 September, 2013

and results released before the AGM.

(Week 9).

To be eligible to cast a vote, you must be

For a list of nominees and their statements

currently enrolled in a Law unit for Semester

of candidature please visit our website, or

2, 2013 and currently enrolled in a Law

click here.

degree.

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the obiter , issue three , volume two 2013

On the last YourSay ...

Recently, the WA Supreme Court ruled against Gina Rinehart in a case involving Western Australian Newspapers and Journalists. Rinehart’s ‘failed bid’ was to force a Perth journalist to reveal his confidential sources. The decision has been described as positive for the journalism community, by enacting ‘shield laws’ to protect journalism ethics of confidentiality. Do you think that journalists should be legally protected from revealing sources? Or does this allow corruption in journalism?

1. “Confidentiality in sources in a incredibly important right to reserve. Journalists rely on these sources providing them with (often inside) information and don’t want their identity revealed. Revealing your sources is a betrayal of their trust and will likely ruin your journalism career and your personal reputation. Maintaining the privacy of sources is fundamental to the media’s role as the Fourth Estate.”

2. “I don’t really think that confidentiality should be an expected right for journalists. It’s important that the are able to be honest about sources, otherwise we could be taking purely speculative information as credited facts. ‘Anonymous’ sources can often have ulterior motives, and there needs to be some sort of check and balance to maintain integrity in journalism.”

3. “I think it’s a bit of both. Without the shield laws, the social and political elite would be able to sue journalists and media outlets whenever they came across negative publicity.

Whilst not completely flawless, I think the laws are reasonable.”

4. “I think it’s great that we finally get one up over Countess Gina. I’m considering suing her for emotional damages – I have nightmares where Gina eats me for dinner, with a side of $50 and $100 notes. Creepy stuff.”

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notre dame sydney law society

YourSay Recently, a bill was introduced to the NSW Parliament to amend the Anti Discrimination Act 1977 (NSW) by removing the exemption of private educational authorities from provisions that make it unlawful to discriminate against a student or prospective student based on any category other than race.

Currently, while most schools and institutions choose not to allow this discrimination, there is limited legal protection if they do. Students from private schools who experience discrimination based on any other criterion than race cannot go to the Anti-Discrimination Board.

Should private educational authorities continue to be allowed to discriminate against students and staff based on gender, sexuality or religion? Or is this an unfair exemption that needs to stop?

Have your say by submitting 100 words or less here.

How to Contribute The Obiter welcomes original student written pieces. If you would like to have something included in our publication, donâ&#x20AC;&#x2122;t be shy- we are now accepting a range of original works whether they be short articles, long essays or maybe just a piece of advice for other students.

As long as they are focused on a legal or university related issue/topic we would love to publish your work! If you are a budding writer why not send us something?

You can either upload your document here, or email it directly to Caroline, the Publications Director at publications@ndsls.org. Itâ&#x20AC;&#x2122;s that easy. We look forward to hearing from you.

Disclaimer: All submissions will be considered for publishing provided that they do not contain offensive language or themes. The NDSLS reserves the right to refuse a submission if it is inappropriate.

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the obiter , issue three , volume two 2013

The NDSLS would like to recognise the significant contributions of our Gold Sponsors. These sponsors have been with us for many years and have made significant contributions to YOUR society during that time. Check out their website and Like them on Facebook to stay informed on how they can help you more.

Copyright and Disclaimer Š The Notre Dame Sydney Law Society This publication is copyright. Except where permitted under the Copyright Act, no part of this publication may be reproduced or stored by any process, electronic or otherwise, without the express permission of the Notre Dame Sydney Law Society.

This is a publication of the Notre Dame Sydney Law Society. Its sponsors, contributors, the University of Notre Dame Australia, its affiliates or its employees do not necessarily endorse any facts or opinions contained within this publication.

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