Obiter, Issue 4, Semester 2, 2013

the ndsls

obiter

NDSLS Staff v Students Sports Day (Tennis and Squash)

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

From the

notre dame sydney law society

acknowledgements Obiter Issue Four, Volume Two Editor Caroline Michel Contributors Alexander Carlos Caitlin Gallagher Adrian Vincent Yasmin Thus 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

Welcome Back everyone!

keen to be part of the society hit us up). I’m quite proud of the

It’s the end of Week Eleven

efforts we have made with the

already! As we get to the end

publications portfolio this year.

of the university year, a lot of

We’ve improved the general

exciting things are happening

quality through new design and

around the law school and

graphics and have been able

NDSLS.

to make our publications more accessible and reader friendly

We have a new committee for

through our new website. I’m

2014! I would like to extend

also proud of how we’ve ‘jazzed

my congratulations to both

up’ The Obiter, to make it more

the incoming and outgoing

student focused and fun. Our

committee. For all the ‘newbies’;

new opinion section, ‘YourSay’

well done on nominating and

kicked off this year to a great

being elected. I look forward to

reception as well as the student

seeing all the new innovation

profiles, which I hope will

and talent brought to our

continue next year.

growing society. To the outgoing committee: congratulations on

Keep an eye out for upcoming

all of your constant and often

dates for the next few weeks!

insane amounts of hard work

The Grand Final for the Mooting

and dedication that has ensured

Competition is next week, and

that 2013 was one of the best

will take place in our very own

years yet for the NDSLS.

moot court.

I feel a bit sad as I write this;

That’s all for now!

most likely because it will be one of the last times I write my editor’s letter for The Obiter. As much as this little publication is close to my heart, I have been elected Education Director for next year so will handing over the reigns of publications. (Speaking of which, the publications portfolio is still open for 2 nomination! If you’re

Caroline

the obiter , issue four , volume two 2013

From the President, Eden Christopher

In this issue:

Congratulations to the new NDSLS Committee!

I wish you all the best in the 2014 year. By now, you’ve probably only realised the smallest fraction of what will be involved but I have faith that you’ll all be up to the challenge.

The semester is winding down as the last few weeks start rolling into exam period. I have been hitting the books hard with a few tough subjects to knock through (I was always hoping that property would be my biggest challenge! but alas, not so...). I know a few of you have got some very steep challenges ahead of you in this exam period and let me tell you that you have to put your game face on! It’s now or never and although it’s never too late it’s best you start now...

I hope you have all checked out our website (www.ndsls.org) which has our Education Report and our Social Justice Lecture podcast up! Both are big things the NDSLS has done this year (with a bunch of other things by the way...) and are going to be a key part of the Committee for years to come.

Yours in law, Eden O Captain, My Captain “What do you mean I’m not President anymore?”

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Calendar

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NDSLS Online

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ALSA September Council 2013

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We’re Gold, We’re Blue, We’re Holier than you

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2014 NDSLS Committee

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YourSay

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St Thomas More Society

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Student Profiles

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notre dame sydney law society

Upcoming Events

oct

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Stevens Vuaran Lawyers Grand Final Moot

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Graduation Photo

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Graduation Dinner @ Bar Reggio

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Campion v Notre Dame Debating Competition Grand Final

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the obiter , issue four , 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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notre dame sydney law society

From Friday 20 September to Sunday 22 September 2013, Caroline Michel and I

ALSA September Council 2013

were given the opportunity to attend the September Council of the Australian Law Students’ Association representing the Notre Dame Sydney Law Society. The Council meets three times per year - in April it was in Wollongong and Eden attended; in July it is held during ALSA Conference, this year being in Perth; and in September, this year hosted

by Macquarie University here in Sydney.

Meeting at Council is a great way to share ideas between other Law Student Societies (LSSs) as well as discuss the greater issues that face all of us (something about tax comes to

By Alexander Carlos

mind). We were told that this Council had the largest registration yet with representatives from about 24 LSSs plus the main ALSA Committee. So onto our three days ...

We arrived at Macquarie (a remarkably ‘treeish’ campus) and headed to the venue, got

through

all

the

introductory

and

administrative business and straight into an icebreaker. Karmen (VP Administration) unveiled Bingo! We had to match twelve qualities to twelve different people. We discovered amongst ourselves that law students love their tequila, aren’t too fond of vegetarianism, and that it was never really clear which member of the ALSA Committee ‘lifts’. There were a number of breakout groups and showcases throughout the three days (I’ll skip over all the ALSA Committee

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presentations):

the obiter , issue four , volume two 2013

- Health and Wellbeing Activities: many LSSs ran a lot of initiatives to promote good

That’s a brief outline of what went on - we

health (physical and mental) and ensured

also participated in discussions on student

that their members were happy and felt that

engagement, improving our sponsorship,

they had a support network. Something to

and on ALSA Conference 2014 (which we’re

push on for next year!

very much looking forward to by the way).

Of course, all of this was intertwined with LSS

some good socials including a seemingly

presentation: these guys made the step up

unlimited pizza/pasta/salad night on the

from boutique LSS to mid-size LSS and gave

Friday, and drinks and canapes in Darling

a presentation to all the other boutiques on

Harbour on the Saturday.

-

University

of

Wollongong

all-round advice on improving our LSS. We really did learn so much at this Council - H&R Block finance presentation: for

and you can bet that you’ll see many of the

many months (if not years) there has been

initiatives we picked up on implemented

concern about the tax liability of LSSs. An

into the NDSLS over the coming year and

accountant came and gave a presentation

beyond.

on the topic. In short, there were a few pale I will leave you with Caroline’s one liners of

faces in the room.

the weekend: - Handover: a great discussion on how to make the process of handover smoother

“This place is very tree-ish”

year

“What’s the plural of Ibis? Is it Ibi?”

to

year

and

ensure

incoming

Committees can kick off their term without

“Does anyone else think that painting of a

a hitch. (Caroline attended a group on

capsicum looks anatomy?”

committee motivation) - Graduate Recruitment: a discussion on getting a job after your degree and the issue of decreasing graduate intake. In future, we’ll be stressing the importance of building towards getting a job straight from First Year. (Caroline attended a group on ‘Beyond Corporate Careers’)

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notre dame sydney law society

We’re Gold, We’re Blue, We’re Holier than you.

While many spent break week relaxing,

working

studying,

some

and of

perhaps the

ND

students (including quite a few law students) flew up to the Gold Coast

for

Australian

University

Games. For many of us it was the first time meeting our Fremantle counterparts and our first time competing in a national sporting competition. There were students from all different courses across the Sydney and Fremantle campuses

By Caitlin Gallagher

and we represented the University in a number of sports ranging from touch to European handball to table tennis (NOT ping pong).

Proud Women’s Footballer

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the obiter , issue four , volume two 2013

Each day we would walk from our hotel, the Mantra Legends, to the transit centre to catch coaches to our respective venues where we competed against universities from all around the country. Some teams were certainly more competitive than

We had great weather every day which

others. Our men’s beach volleyball team

spilled into the nights, when we would

won gold while our women’s football team

dress up and head over to Cavill Ave after

were proud wooden spooners. What the

team “Court”. The themes were childhood

women’s football team lacked in skill they

superheroes, onesies (which we replaced

certainly made up for in spirit, earning

with Hawaiian), tight and bright, witches

a nomination for the John White Spirit

and wizards and the 90s.

of the Games Award. I am fairly certain

forward to court each night where we

our women’s football team were the only

would nominate our team mates for all

team to get a free golf buggy ride around

the ridiculous things they had done in the

the fields. Yes – seventeen women and a

previous 24 hours. The final team dinner

competition official all on one golf buggy.

saw the rookies share love poems they had

And the whole women’s football team also

prepared for other members of the squad.

managed to get yellow-carded for playing

Needless to say there were a lot of red-

dead soldiers. Beat that.

faced rookies and poem recipients and a

We looked

lot of laughing seniors and staff.

All-in-all it was an amazing week playing and partying with those we already knew from ND and those we met and became friends with. It is definitely a must-do event while you are studying at university. Bring on AUGs 2014 in Sydney!!

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notre dame sydney law society

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the obiter , issue four , volume two 2013

On the last 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?

1. They are private institutions and reserve the right to refuse service to anyone. As you’ve rightly mentioned however, many of them do not exercise this exclusion. Having attended Catholic schools throughout my life, I’ve studied alongside people from different and no faiths. It’d be against the Catholic ethos to discriminate someone on any grounds.

Another problem arises when people complain about the rules set by these private institutions (can’t wear a crucifix for example).

2. As a student from the LGBT community, I am outraged that universities have the potential to discriminate against me based on my sexuality. I am of legal age as are all of my peers and have an ability to make my own decisions and respect others. Furthermore, I am very proud of being a student at Notre Dame as they have always in my opinion delivered a very balanced religious education so what use are these stupid laws anyway?

As Ellen De Genres said, Now can’t we all just love one another, crack up the music and dance.

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notre dame sydney law society

3. - It is more natural for parents (as compared with the state) to assume responsibility for their childrens’ education – They are happy to care for their offspring in this way. Freedom of conscience is thus permitted, state power suitably restrained.

– Third parties’ sexuality or religion may, conceivably, directly foster or undermine parents’ determination of their childrens’ education. Eg, a school begun for the promotion of strong marriages will not be as effective where its teachers believe promiscuous sex is ok.

– There is no human right to be employed to teach; the right is something more like to work.

4. I think there is a misconception about what discrimination is and is not. For example a Catholic school should be able to enrol only Catholic students if it wishes. It is not discrimination given that any person has the right to become a Catholic if they wish.

Private educational authorities should be able to select students and staff based on their personal characteristics as these institutions are often grounded in particular religious beliefs or other core values that would be upset by an inability to choose who is a part of the institution.

5. Who has ultimate responsibility for the education of children? If parents, they should be able to determine the environment their kids grow up in, including by starting schools fostering a particular code of philosophy and ethics. Third parties’ sexuality and religion may be directly relevant to fostering or undermining such endeavours. So, it may not be discrimination to consider those third parties’ characteristics.

What of students’ rights to education and would-be teachers’ rights to employment?

All of the above rights may be balanced where the state provides for public schools and there is not any crisis in unemployment generally.

6. I don’t see any problem with private educational institutions being able to keep the exemption they’ve been given. If a Catholic, Jewish or Muslim school only wants to educate students from that faith then I think they should have every right to do just that. It enables them to carry out their purpose and ethos as a religious school, which is a part of a larger religious community. These communities are an integral part of our ever-growing multicultural and multi-religious society.

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the obiter , issue four , volume two 2013

The NDSLS officially welcomes the St Thomas More Society as a new sponsor!

How to Contribute The Obiter welcomes original student written pieces. If you would like to have something included in our publication, don’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. It’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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notre dame sydney law society

Adrian Vincent Age: 18 Degree: B. Law / Arts (Philosophy) Current year of degree: First Year What area of the law interests you the most?

Well considering you only study the Criminal Law A and B area in first year - I can say that I thoroughly enjoyed studying it.

As heavy as the substance of the area can get - It is seriously one of the most intriguing aspects of Law. The way the law responds to particular events and the analysis that goes into the details of fact are so precise and objective - its almost like watching the most complex and extensive plot unfolding.

What do you enjoy most about studying law?

I find it interesting how dynamic law is, and how much has changed. Studying law to me has largely become an exposé on how the values, ideals and ethics of society changes. It’s almost like studying bits and pieces of Psychology, Sociology and Anthropology as well - which gives the Law student a much more holistic and diverse range of insight, thus making graduates so much more adept at dealing with reality and the profession.

What do you enjoy most about Notre Dame?

Being a Catholic myself- I’m one to believe that this world of

ours is in fact becoming more ‘worldly’. Firstly and foremost, I love how Notre Dame allows me to tap deeper with my faith and is a constant reminder of my foundation with God. On the university side of thingshaving lecturers that know you by first name basis, a close-knit community in the courtyard and a common room that’s always buzzing - you develop such an attachment for what this university possesses that other other ones do not.

What are your goals for the future?

I’m hoping to work alongside a humanitarian aid organisation at some stage- hopefully even specialise in Human Rights Law and practise to that end. It’s also always been an ambition of mine to enlist as part of the Australian Defence Force in some capacity.

I’d really like to compete in minor league cross-fitting if that should ever become as large in Australia and it is in the USA. Apart from the career side of things - I also do hope that having a family/ being a father is part of my vocation too.

Favourite hobby outside of uni Away from study, I spend most of my time either attempting to stay fit, working, trying to tune my culinary skills and facilitating a youth group. If I had to pick one thing that I absolutely love doing its music. I’ve been playing guitar since junior school and

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picked up piano during my senior years. There is something almost therapeutic about playing music that takes me away from the hustle of deadlines and agenda.

If I have a spare moment or two here and there - you can usually find me sitting amongst the keys.

Person you admire the most I find my inspiration from too many people! But If I had to narrow it down to a handful it would have to be: a former parish priest Father Greg Morgan, the worlds fittest person Rich Froning, fictional lawyer Harvey Specter and probably the greatest of these four- My mother. It’s common for mothers to be the epitome of greatness, mine just happens to surpass that definition by successfully putting up with me!

I owe my success, happiness and life to my parents and will forever be in debt of an unconditional and endless love they provide. They have built me up into the person I am- and I know of the sacrifices they’ve made to drive our family upwards. They fostered my thirst for excellence and still kindle that flame.

the obiter , issue four , volume two 2013

Yasmin Thus Age: 20

What do you enjoy most about Notre

Degree: Bachelor of Laws / Bachelor of Arts

Dame?

(International Relations and Politics)

At Notre Dame it’s always a guarantee that

Current year of degree: Third

you’ll run into someone you know. I have made so many lovely friends here and will

What area of the law interests you the

continue to meet more. All the lecturers

most?

make an effort to know who you are and go

I really enjoyed Criminal law in my first

out of their way to help you when you need

year and would be interested in working

it. For most of the time, I actually genuinely

in litigation. I am also keen to study

enjoy coming to university. It’s been an

Environmental law as I am perhaps also

experience that I think I will value for the

interested in pursuing a career in that field

rest of my life.

later on. In saying that though, I know I will What are your goals for the future?

change my mind in a year’s time.

Although I am not entirely certain as yet What do you enjoy most about studying

which specific area of law I will be in, I am

law?

hoping that I can work overseas, hopefully

To have the opportunity to study law has

somewhere in Europe!

allowed me to explore a number of possible interests that I did not think I would have.

Favourite hobby outside of uni

There are so many different areas that you

Travelling, although I am constantly caught

can major in and so many different job

between being broke and trying to save, it’s

opportunities available I honestly didn’t

worth it.

expect to have.

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notre dame sydney law society

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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the obiter , issue four , volume two 2013

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