Torts Illustrated 2: I Object

CONTENTS

4

ACKNOWLEDGEMENT OF COUNTRY AND RECONCILIATION

5

FROM THE PRESSROOM

7

DIRECTOR OF EVENTS Declan Cawley

8

DIRECTOR OF EDUCATION Chelsea Lee

9

DIRECTOR OF COMPETITIONS Ben Quick

10

LAW DINNER Saturday, 12 October 2019

12

AS SEEN ON TV?

By Morgan Lynch

14

AN UNSPOKEN OBJECTIVE

By Alexandra Feeney

16

THE COURTROOM: A MALE-EAT-MALE WORLD

By Hannah Burstow

17

20 25

OBJECTION, YOUR HONOUR: LESSONS ROM VOLUNTEERING WTH THIS YEAR'S BAR PRACTICE COURSE

By Ashton Darracott

FROM THE LAW REPORTS: YZ V THE AGE 2018 [VCC] 148

By Ashton Darracott

THE CHARISMA QUESTION

By Hannah Burstow SEMESTER 2: CASE CLOSED

By Ashton Darracott

AS SEEN ON TV?

by Morgan Lynch ―

12 THE COURTROOM: A MALE-EATMALE WORLD by hannah Burstow ―

16

FROM THE LAW REPORTS by ashton darracott ―

20

Acknowledgements

Credits

The QUT Law Society’s biannual Torts Illustrated publication would not have been possible without the support of its sponsors, as well as the dedicated Media & Communication team.

EDITOR Ashton Darracott

Our sponsors Allens Linklaters | Clayton Utz | Norton Rose Fulbright| Johnson Winter & Slattery | McCullough Robertson | MinterEllison | QUT PLT | Thomson Geer | Ashurst | Herbert Smith Freehills | King & Wood Mallesons | Gilbert + Tobin | K&L Gates

CONTENT EDITORS Ashton Darracott and Hannah Burstow CONCEPT AND DESIGN Ashton Darracott COVER Ed Williams

RECONCILIATION The QUT Law Society respectfully acknowledges the traditional custodians of the land upon which it works, the Turrbal and Jagera people, and pays its respects to Elders past and present.

We recognise the contributions Indigenous people make to society, and celebrate Indigenous success. The QUT Law Society is committed to inclusion, reconciliation and consultation to ensure the future of Australia is one where Indigenous people are afforded equal opportunity.

The QUT Law Society demonstrates its commitment to reconciliation through numerous events and programs facilitated throughout the year in part by a dedicated Equity portfolio.

There are many upcoming opportunities to acknowledge Indigenous history, both within the QUT community and beyond.

For 2020, the QUT Law Society wishes commencing and existing Indigenous students every success in your studies and beyond.

FROM THE PRESSROOM A

nd so semester two and the last year of the decade comes to a close! The days are getting hotter as Christmas looms ever closer, and you now can finally indulge yourselves in a trip to the beach or a Netflix binge in the aircon without the guilt of study stacking up.

Without further ado, the QUTLS Media and Communications team is thrilled to present to you the second and final issue of Torts Illustrated for 2019. This issue’s theme was “I Object”. The articles submitted to us are informative and captivating, and we can’t wait for you to read them! The quality of journalism and curiosity in this issue is phenomenal and we are really proud of our student contributors for their searing investigations and riveting written skill.

This semester the portfolio worked hard to keep you in the loop with all of the Law Society events as well as work and volunteer opportunities available. The George Street Journal, your one-stopshop for all things news, has also taken off with some fresh and spicy content for you to enjoy. Keep your eyes peeled for more breaking stories over the summer holidays.

We’d like to give a huge shoutout and thank you to the Media and Communications team, our Director Ed Williams, Hannah Burstow, Ashton Darracott, Taylor Thomas, Wei-Han Chan, Craig Lester, Jack Vernon, Calum Douglass and Kalinda Cheung.

We wish our very own Ed Williams all the best going into his second term as the Media and Communications Director for the Law Society.

We would also like to offer our sincerest congratulations to everyone that has a position on the 2020 Society team. Splendour in the Grass ain’t got nothing on this upcoming QUTLS line-up!

From all of us in the Media and Communications team, we wish you a restful and rejuvenating summer break and a productive and prosperous 2020!

All the best, The Media and Communications team

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4. Pub Crawl 5. QUTLS Membership

EVENTS For many students, their first interaction with the QUT Law Society is at one of our many events throughout the year whether that be the Law Ball, Pub Crawl, LetsGetRekt or elsewhere. These events provide students of the faculty with the perfect opportunity to build relationships with one another, many of which we hope will span the duration of not only their studies but their professional career and beyond. For this reason the events team, with the much appreciated support of other portfolios, have been hard at work planning and delivering events throughout semester two.

We kicked off the semester with our Euphorically Australian Pub Crawl.

Whilst celebrating all things Australian, attendees zig-zagged between the Botanic Bar, Victory Hotel, Down Under Bar and Johnny Ringos. A fantastic night was had by our crawlers, although by all reports their hangover the next morning was not as enjoyable‌ Sorry!

Up next was our Law Dinner held at the incredible new Emporium Hotel.

Guests were treated to a three-course meal, 4-hour drinks package and fantastic keynote address by the incoming Dean of the QUT Law Faculty, Professor Dan Hunter.

Our final event of the year was once again LetsGetRekt which was a huge success.

Finally, congratulations to Taylor Thomas who has been elected as Director of Events for 2020. We wish Taylor and her team all the best for the year and can’t wait to see what they have in store for us!

Declan Cawley Director of Events

EDUCATION We have finally arrived at the end of 2019, and what a year it has been!

In semester two, the education portfolio brought you the following events: • • • • • •

Russo Lawyers Criminal Law Information Evening Colin Biggers & Paisley Environment and Planning Information Evening MinterEllison Getting your Foot in the Door What is PLT? QUT PLT Litigation and Commercial Advocacy Information Evening QUT PLT Mentor Program

The Russo Lawyers Criminal Law event was a hit as always. It can be hard figuring out how to get into Criminal Law when commercial law is advertised much more frequently, and this event presents a rare opportunity to network with criminal lawyers and have an insight into a career as a criminal lawyer.

The Colin Biggers & Paisley Environment and Planning Information Evening presented our members the opportunity to learn about a niche area of law that many are interested in practicing.

We then held the inaugural MinterEllison Getting your Foot in the Door, which had over 100 registrations! This event presented members with all the tips and tricks needed to perfect their applications and break into the job market. It’s definitely something that will be run again so keep an eye out for it.

This was followed by What is PLT, which was run in first semester as well. It was a great opportunity to find out what is required to become admitted and get all the relevant information without trawling through the QUT website for hours. This year was the first time this event had been run but given its popularity its likely to make a return next year.

Finally, we finished the year with the QUT PLT Litigation and Commercial Advocacy Information Evening. This event took place in week 13 and members got to hear from a panel consisting of a commercial litigator, academic, and two barristers what it takes to become successful in their respective fields.

The QUT PLT Mentor Program was run again in Semester 2, gaining 50 participants.

Once again, Mentor Officer Sarah Sheppard did an incredible job pairing up mentors and mentees and ensuring that first years had access to all the information needed to thrive in law school that lecturers tended to miss.

It’s been a wild ride for the 2019 Education Portfolio, but I wouldn’t have it any other way. A special mention to semester 2 Education Officers Liqing Zhang and Blake Lester for all their hard work and dedication in organising these events. Another special mention goes to Sarah Sheppard for her commitment in ensuring the mentor program continues to thrive.

If you want to get involved in QUT Law Society but don’t know where to start, I definitely recommend coming along to one of our education events, such as the ones listed above. It was around August last year when I decided I wanted toget involved and started attending these events and meeting the committee, and I haven’t looked back since.

Best of luck next year and I hope you all have a wonderful and well-deserved summer break!

Chelsea Lee Director of Education

COMPETITIONS What. A. Year.

Congratulations my fellow QUT Law amigos, 2019 is almost complete!

The Competitions Portfolio had a GIGANTIC year holding 7 competitions. These were the: • • • • • •

QUT PLT Negotiation (won by Catherine Bugler and Astrid Easton); Ashurst Open Moot (won by Karl Townsend and Madeleine Stone); Clayton Utz First Year Moot (won by Johanna Berry, Catherine Bugler and Astrid Easton); QUTLS Paper Presentation (won by Catherine Bugler); MinterEllison Client Interview (won by Rebecca Sutcliffe and Nicholas Tucker); QUTLS Junior Moot (won by Austyn Campbell and Adam Marsh); and

For the first time, QUTLS co-hosted the Queensland Intervarsity Law Competitions with our friends at UQ. We entered 9 teams and were Grand Finalists in the Negotiation (Zane Jhetam and Rana Lateef) and Overall Winners in the Client Interview (Zak Cassells and Camille Etchergaray). Thank you to the QILC Sub-Committee, and in particular Ahana Shetty, for your huge efforts (especially during the week-long competition)!

We also had seven students represent QUTLS at the Australian Law Society Association Competitions, which is the premiere national intervarsity law competitions event. Congratulations to all the participants and thank you for representing QUTLS you did us extremely proud.

We also, also, had our First Year Moot winners bring it home in the Grudge Moot against UQ! Congratulations Johanna Berry, Catherine Bugler and Astrid Easton!

2019’s judges, sponsors and competitions team all agree that the level of competition this year has been phenomenally high. A huge congratulations must go to all the competitors for being bold enough to step into the competitions arena. I have no doubt each of you improved your advocacy and research skills and gained excellent feedback from our judges. Don’t forget to add that extra line under the ‘University Involvement’ section on your resumes!

I would like to sincerely thank our sponsors this year, QUT PLT, Ashurst, Clayton Utz and MinterEllision. Thanks to your continued and generous support, QUTLS can hold these high calibre competitions and QUT Law students are able to develop their skills and engage with their peers and industry professionals. I would also like to thank the Law Faculty, particularly John O’Brien and Mark Thomas, for their continued support on all fronts.

I offer my heartfelt gratitude and appreciation to all the problem writers, judges and student volunteers. Your willingness to give back to QUT Law students is what sets our competitions community above the others. I’d particularly like to thank the following individuals for sending the lift back down: professionals: Janet Barnes, Aaron Beale, Gabe Bednarek, Kate Grant, Tristan Hall and Bianca Stringer; and students: Laura Falkner, Thomas Feeney, Zane Jhetam and Erin Laird.

Finally, thank you to the competitions officers this year, Ellen Stower, Simona Varga, Hannah Belot, Carlos Cheng and Harvey Hope. Collectively we sent thousands of emails (literally, I counted), organised hundreds of competitors, spent hundreds of hours on campus in our roles and kept the competition spirt burning bright within the QUT Law School. Without your dedication and incredible efforts none of it would have been possible.

I am confident the Competitions Portfolio will only get bigger and better in 2020 under the guidance of the new Director, the talented and time-management demi-god, Simona Varga. I’m excited to see the fantastic things you’ll do!

It has been an honour to serve as your Director of Competitions for 2019. I’ll catch you all around C-Block and online.

Ben Quick Director of Competitions

AS SEEN ON TV?

BY MORGAN LYNCH

Examining some of the more objectionable aspects of the way court is played on television.

F

or many law students, our perception of the legal profession is based predominantly on hours spent binge-watching TV lawyers shout “objection” across the courtroom sets of Suits, How to Get Away with Murder or, my personal favourite, The Good Wife. But do these captivating legal dramas provide an accurate image of what it means to advocate for a client in court? To help set the record straight, I sat down with three experienced Brisbane-based courtroom advocates, Jonathan Horton QC, barrister Edward Shorten, and King & Wood Mallesons Commercial Litigation partner Emma Costello.

Jonathan, Edward and Emma were all quick to clarify that a day in court is perhaps not as dramatic and fast-paced as television dramas would lead us to believe. “Those American shows, in my experience, are not very accurate. People who watch Suits and the like are probably in for a bit of a rude shock when they get to court and realise it’s a lot less exciting,” Edward cautioned.

Similarly, Jonathan felt that the biggest misconception television viewers have of the legal profession is that “there are not long, lonely hours of reflection and work spent prepping.” So how much time does a solicitor or a barrister really spend preparing for court?

For Emma, it depends on the complexity of the case. “We just finished a big trial for Queensland Nickel which we filed over two years ago. It was set down for 10–12 weeks in court, but we spent six months preparing beforehand because it was a particularly complex case involving a lot of people.”

For barristers, the preparation-to-court ratio can differ significantly depending on their practice area and current caseload. Edward, for example, estimates that right now, he only spends about one in every ten days in court. However, Jonathan reported that, for the past two years, he has spent more than half his time in the courtroom. He attributes this to the fact that he has been involved in a lot of big criminal and public law cases, which are unlikely to settle beforehand because “it’s not just a matter of money changing hands.”

Another noticeable difference between the Australian courtrooms and US courtrooms depicted on television is the presence of the white wigs donned by judges and barristers. This led me to wonder

Those American shows, in my experience, are not very accurate.

how the added formality of Australian courtroom enhances the judicial process.

“A lot of these more medieval customs tend to enhance a system that’s focused on real people rather than on supporting a big institutional system or state… Wearing a wig reminds that that we are fulfilling special duties and obligations cast on us by time and the concept of acting for the common good,” Jonathan said.

In Emma’s opinion, however, traditional courtroom attire and formalities play a more important role for those outside the legal profession. “As a lawyer, when you go to court, you’re always aware of how serious it is. If you’re appearing as a witness or an accused, however, perhaps you need that formality.

Maybe that does bring something to the integrity of the court.”

From watching scripted television dramas, it’s also easy to think a legal advocate’s greatest skill is giving impassioned off-the-cuff courtroom speeches about moral injustice and over a swell of inspiring music. But what are the skills courtroom advocates actually rely on the most? It became clear from speaking to all three lawyers that communication is key in their profession. “You need to be a good listener and a good communicator. Not only are you trying to persuade the judge, but you also have to satisfy your client’s interest and deal respectfully with your opponent,” Edward said.

Emma added that flexibility in your thinking and approach to your work is critical. “As lawyers, we like to do things we know how to do. But the law is changing a lot, as is the practice of law. I think we need to be able to look at things slightly differently.”

So, if you are an aspiring courtroom advocate, what is the best way for you to find out more? “The thing that I found most helpful when transitioning to the bar was talking to, and more importantly listening to, as many people as I could,” Edward recalled. “People are willing to help you if you go and talk to them. Out of every conversation, you might get one or two little gems and if you do that enough, you gather a lot of helpful advice.”

AN UNSPOKEN OBJECTIVE A HISTORY OF FRUIT THROWING IN COURTROOMS

G

BY ALEXANDRA FEENEY

uiseppe Belli, an Italian poet, cried in the year 1838: ‘God save us from the tomatoes’. There are many things a 19th Century theatre might have in common with a modern courtroom. A noticeable example of this is the abundance of wigs and robes. But it may be surprising that also the throwing of tomatoes is also a shared trait.

You might be thinking, is this something that really happens? The answer to that is yes, both in Italy and George Street, Brisbane. To understand this bizarre phenomenon occurring in Australian courts today, as so often with the law, one must look to 17th Century England.

The year 1631 saw the strange incident of the Chief Justice of the Common Bench, while on assize in Salisbury, struck by a piece of fruit from a recently condemned prisoner. The Chief Justice understandably did not appreciate this action and the prisoner was immediately apprehended, having his right hand cut off, and then being hung from the neck until dead in the presence of the Chief Justice. From a modern and Australian perspective, this punishment may appear quite harsh. The authenticity of this widely circulated story is suspect, but its folktale status is legendary. It can be contrasted with the modern tale of a remarkably forgiving English County Court Judge. This Judge was faced with an angry litigant who threw a dead cat at his Honour. Luckily, the cat narrowly missed. The Judge responded: ‘I shall commit you for contempt if you do that again’. Maybe he would have been harsher if the litigant had better aim.

17th Century England was not the only place where these wordless objections were made.

Between 2014 and 2016, Auckland’s judges were

plagued by a serial horse manure slinger moonlighting as a part-time defendant, part time court-watcher. The first incident occurred on the steps of the High Court. The culprit incurred a $400NZ fine, with a further $150NZ costs order.

The second incident occurred inside the court where the perpetrator had filled his pockets with dried sheep manure which he proceeded to fling at a Magistrate.

When appearing in court for this second incident the perpetrator was asked to empty his pockets before approaching the bench.

Australian courts have not been immune to these incidents, with the throwing of cups and jugs being the objects of choice. In 2017, Magistrate Morrison of Canberra was on the receiving end of a plastic cup of water hurled from a defendant. The defendant was jailed, and the Magistrate merely wiped his face before giving his reasons for denying bail. Later the learned Magistrate remarked: ‘this is why we replaced the glasses on the bar table with plastic cups.’

This article is in no way encouraging the perpetuation of throwing tomatoes, cats, or cups in courtrooms. Australian courts are open to the public — for better or for worse — which results in these (rare) occurrences. It is a curious and notable by-product of an open and transparent legal system.

STAY TRUE.

BY ASHTON DARRACOTT

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

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

THE COURTROOM: A MALE-EAT-MALE WORLD

BY HANNAH BURSTOW

We're getting somewhere with sexism & the legal industry. But the wigs & the robes aren't keeping up.

G

ender equality in the workplace is something that our society has been gradually (albeit slowly at times) working to achieve. Some say we’re almost there; some say we’re already there.

“She’s dealing with a pressing matter,” we would inform callers. Then, after 8 weeks, she would return, as if nothing had happened. As if she didn’t just bring another life into the planet.

I’ll admit, I thought we were pretty close to achieving equality of the sexes. In fact, I rarely feel discriminated against in the workplace as a woman.

However, my view of gender driscrimation was flipped when I realised the subtle ways it manifests in certain industries, in certain roles.

Last year’s New South Wales Bar Association Statistics gave insight to the fact that female barristers are rarely seen or heard in Australian courts.

In News South Wales, 76.64 per-cent of barristers are male, with females making up less than 25 per-cent of the state’s barristers. According to an Australian Bar Association report, these numbers are quite uniform across the country.

A barrister’s assistant was the role that opened my eyes. I worked in a relatively small chambers - 14 Junior Barristers and 1 Queen’s Counsel. Of the 15 barristers, only two were women. This in itself didn’t raise any alarm bells for me (although maybe it should have), as everyone who worked in the chambers was respectful to each other.

Maternity leave was what shocked me the most.

As a defence barrister, you are self-employed, meaning you can come and go as you wish - however, this may be at the expense of clients.

When a woman departed the workplace to have a baby, we were made to never tell those who rang for her that she was on maternity leave. Why? Because this would risk the loss of clientele.

W

hilst I’m not an expert on solving this matter - I believe it’s important to reflect on a few things about this issue. Whether you want to have children or not, it is important to reflect on the fact of the subtle ways in which men still have the upperhand in the workplace. Men - be mindful of your privilege, and always treat your female colleagues with respect and equality. Women - keep chasing those goals, whatever they may be. The women I’ve mentioned above are truly paving the way for our success.

OBJECTION, YOUR HONOUR ― BY ASHTON DARRACOTT ―

A

Lessons from volunteering for this year's Bar Practice B Course

monst the chaos of coming back from an exchange over the mid-year break and getting back into semester 2 of my fourth year, I somewhat inadvertently fell into volunteering as a witness on a few occasions for the second Bar Practice Course this year. The Bar Practice Course, to analogise, is Practical Legal Training for wannabe barristers. If you are thinking of becoming a robe-rocking, wig-wielding advocate for a career, you will have to undertake this course. This article is going to take you through some of the key things I took away from watching barristers-in-training present a mock hearing.

e aware of your habits.

Something the judge commented upon was that one of the pupils, during their cross-examination of me, whispered “That’s correct” under their breath when they got a particular answer from me. The judge pulled that pupil up afterwards and told him to snuff that habit out pronto.

The reason that the judge cited for this was that for counsel, it us not their evidence to give, and it is not their position to determine the factual correctness of a witness’s answer. Further, opposing counsel sitting right next to you is going to hear you, object, and snitch on you, getting you in a pickle when the judge hands down his or her decision. Being aware of what you do, reparation is everything. There is nothing more or do not do, will make you a better and more reflective important than knowing your case like the back practitioner. of your hand. When you are prepared, you will be ready for opposing arguments and you will be able ou do not know everything (and that is okay). I to rebut them. You will also be able to engage in a more was having a gossip (warning: hearsay coming conversation-like exchange with the judge sitting on up) to one of the pupils and she had informed your matter, which makes you look like a boss. You are me that many applicants for the course had failed the less likely to be nervous and therefore will not look like preliminary required exams because they didn’t study. a trembling, wide-eyed chihuahua behind your lectern. Underneath that, it is quite clear that the applicants did When you have prepared, it is much harder to make si- not study because they assumed that they already had lly, avoidable mistakes as well. As the Navy Seals say, all of the knowledge they needed. This is a dangerous you will not rise to the occasion, you will sink to your mindset that, as an industry, lawyers are prone to. Not level of preparation. only is it crucial to reflect on the gaps in your knowledge, but to be able to seek out the knowledge to fill in ook at the judge.This flows on from the impor- those holes. The sooner you can talk to people and let tance of preparation, because if you have ade- them teach you something, or read a really informative quately prepared, you will not need to read from textbook chapter or journal article, you will be so much notes, and you will have ample opportunity to look at better off for it. The law does not change quickly, but and talk to the judge sitting on your case. I noticed from that does not mean that there are never landmark cawatching the opening and closing addresses of both ses that drop that lawyers need to adapt to quite fast. counsel that the judge looked down at notes, looked at In the wise words of Bill Nye the Science Guy, “Everhis watch and looked around the room whenever the yone that you ever meet knows something that you counsel speaking was staring straight down at their don’t.” Once you can accept and embrace that, you will lectern. The judge gets bored. It is hard to blame them. be a better lawyer, and person, for it.

It becomes so easy to tune out when someone is saying something but it just tumbles from their mouth f volunteering as a witness sounds of interest to with no inflection and tone and pace and emotion. Do you, send Gail Cowen an email expressing your innot be boring. Talk to the judge. terest. Her email is Gail.Cowen@qldbar.asn.au. In the subject line, write “Expression of interest for BPC witness”.

P

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Where you are supported to think differently, grow and develop your career.

At McCullough Robertson, our unique internship program recruits both law students in their

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McCullough Robertson is an independent Australian law firm with more than 400 staff spread across five offices.

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We believe that old ways won’t open new doors – sometimes the same old approach won’t always guarantee the right outcome, and with the ever-changing terrain in our industries, we require strategic thinkers We are looking for law students who value a growth who can apply innovative solutions and open up new pathway – starting with our Internship Program and moving towards securing a place in our Graduate Program. opportunities.

For any queries, please contact: Tara Elston HR Consultant +61 7 3233 8812 telston@mccullough.com.au

Our Intern Program - what’s in it for you?

Find out what area of law interests you, our intern program rotates across our legal groups so you can get a comprehensive view of what is involved.

Support and mentorship with our buddy program (Junior Lawyer) and a supervisor (Senior Lawyer) to check in and assist with your development at work and during your study.

Personal and professional development program including profile branding, mentoring, networking, business development, goal setting, CV building, and interview skills.

Challenge yourself and represent our firm in one of our many wellbeing, social and sporting initiatives including quiz nights, meditation classes, marathons, netball, touch rugby and cycling.

Learn from and work closely with the best partners in the industry on a range of complex and high profile matters.

Community development opportunities including pro bono and volunteer work through our Community Partnership Program (CPP).

Practical on the job experience to help strengthen your understanding of law concepts and theories you learn at University.

An earlier opportunity to apply for our Graduate Program with established relationships and first hand McCullough Robertson experience.

Flexible, diverse and inclusive workplace, we take pride in creating a safe and supportive environment allowing our people to bring their

Teamwork - our purpose of Unlocking Success Together recognises the value of each individual within our firm. Learn the internal operations of how a law firm operates and the various teams that drive success.

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Write your McR Story with us

“

Life at McR so far has been nothing short of exciting – from being involved in large matters from day one, going on secondment during the internship program, to taking on a pro bono client as a graduate. McR empowers juniors by providing us with endless opportunities! From the get-go I was involved in large matters and treated as a valued member of the team.

The perks of working in the Litigation and Dispute Resolution group is that every day differs from the next. From considering case law to attending the Supreme Court, each day uncovers new challenges and invaluable learning experiences. I work with likeminded people in an area that genuinely aligns with my interests. My team exudes diversity, balance and innovation.

My top tip: Focus less on what you were taught at Law School and more on your holistic approach to working as a member of a team in the legal industry.

Emily Stone

GRADUATE 2018 INTERN 2017 Ligitation and Dispute Resolution

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“

Read Milan’s success story

For someone like me who is broadly curious about all kinds of industries and areas of law and who is hungry to learn from a diverse range of legal experts and potential mentors, McCullough Robertson seemed to be the perfect place to start my legal career.

Where it all began My journey with McCullough Robertson started nearly 5 years ago in April 2014. At the time, I was entering my third year of law school and had just returned from a short-term exchange program at the University of Vienna where I studied international law. A friend of mine mentioned that McCullough Robertson was hiring clerks on a casual basis to assist in the document review component of a major construction trial.

I had never been exposed to a law firm (my previous job being in wedding videography/ photography of all things) and the idea of wearing a suit to work, having a desk and rubbing shoulders with the kinds of characters that may have inspired John Grisham novels and Suits was exciting and intimidating.

Given the urgency of the work, I was interviewed the very next day. I bought a suit on the way to the interview and cheekily told the salesperson that if I was unsuccessful I would be back to return it.

Luckily for me, I didn’t have to.

By the time the interview commenced, I had read everything I could find on McCullough Robertson.

One thing that impressed me before I had stepped foot in the firm was that it was (and I believe still is) the biggest law firm office in Brisbane – it is not merely an international brand with a few desks in Brisbane.

For someone like me who is broadly curious about all kinds of industries and areas of law and who is hungry to learn from a diverse range of legal experts and potential mentors, McCullough Robertson seemed to be the perfect place to start my legal career.

Writing my story with McCullough Robertson I was lucky to nab the document review role back in April 2014 (while still at university) and I commenced work the very next day. The next chapter of my life at McCullough Robertson went from reading about the firm on paper to living and breathing it on a daily basis. It is not a story of the size of the firm or statistics that you can read about in Doyle’s Guide but of the people I have met – and they remain the reason as to why I love my job and the source of all of the opportunities that I continue to enjoy.

”

McCullough Robertson is sometimes described as ‘a big firm without the attitude’, and while I am consistently sceptical about corporate taglines, this one rings true. Here are a few examples: Strong Mentorship: the partner I worked for in the beginning and whose team I have joined as a newly-admitted lawyer is genuinely someone I look up to and hope to emulate. He is a socially intelligent manager who never fails to recognise the efforts of his juniors including with handwritten thank you notes, frequent in-person check-ins (“how are you going?” “what do you want to do in the future?” “what are your thoughts on how we should approach this client?”), and is eager to develop us not just as technically excellent lawyers but as future leaders of the firm;

Milan Gandhi

GRADUATE 2018 INTERN 2016 RESEARCH CLERK 2014 MCR INNOVATION AMBASSADOR Construction and Infrastructure | Insurance and Corporate Risk

Welcoming and approachable leadership: Seniors leaders including the Managing Partner and Chairman of Partners rarely miss an opportunity to say “Good Morning” to my fellow juniors and me. They take an interest in what we are up to, notwithstanding that these individuals must be close to the busiest people on the face of the planet; Structures to support growth: I have consistently felt that the HR Team is a warm and positive force, have my back and are available at any time to have a chat; and Camaraderie with Colleagues: One time my Senior Associate said I was the “Mike Ross” to her “Harvey Spectre” – need I say more?

Is this the right place for me?

I feel confident in putting my hand up for various opportunities, and actively pursuing my professional interests. I really do like the people I work with. They’re excellent at what they do but they’re also the kind of people who you would actually have a beer with outside of work (and we do!). Law life is challenging but it is easier to enjoy it and do it well when your colleagues have your back.

Read the rest of Milan’s story and other mcr stories on our Grad & Interns website page or follow our Instagram and Facebook.

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From the law reports: YZ v The Age [2018] VCC 148

BY ASHTON DARRACOTT

crime reporter for six years and a Supreme Court reporter for three. She had a brief stint in the sports division of the newsroom although that was short-lived when she was pressured by her superiors to go into the court reporting aspect of the job. The cases that would go to the Supreme Court were, in many instances, the natural progression of the crimes that the plaintiff used to report on immediately after they happened. Over the six years in the crime reporting division, the plaintiff reported on 32 crimes. She found the murders involving children the hardest to cope with. Throughout her time reporting in the crimes division and the Supreme Court division, the plaintiff exhibited worsening symptoms of mental disturbance, such as having trouble sleeping, being "snappy” and short-tempered in the workplace, and eventually starting to abuse alcohol to ease her mind and help her sleep. The damage that she alleged she suffered due to the negligence of The Age was posttraumatic stress disorder (PTSD).

Judge O’Neill handed down his decision in February 2019 that found in favour of the plaintiff, saying that The Age had breached its duty of care to its employees by failing to provide a safe workplace. In his reasons, Judge O’Neill found that the plaintiff’s psychiatric injury was foreseeable to her employer because a few things: the nature of crime reporting and Supreme Court reporting was filled with such traumatic material that it was obvious to the employer that exposure to this would cause trauma; there was documentation from experts that exposure to traumatic material poses a risk of mental injury; and the plaintiff herself had complained of and exhibited real signs and symptoms of emotional distress on multiple occasions, suggesting that her affliction was chronic and not isolated.

M

ental health: it is one of the industry’s favourite buzzwords as conversations around mental health become less taboo and more candid than they have ever been before, both inside and beyond the workplace. The legal profession in particular is notorious for its long hours, the stressful nature of the work, and a system that evolves at a frustratingly slow pace. Depending on the area of law, legal practitioners are exposed to varying degrees of stressful and traumatic content, which has great potential to cause distress and worst case, psychological injury.

This article discusses the recent case of YZ v The Age, which was a workers’ compensation case brought in the Victorian County Court late last year.

The plaintiff, protected under the pseudonym “YZ”, was a journalist working for The Age who sued the media company for failing to provide a safe and supportive workplace in the context of her being a

The decision is set to have a ripple effect on the way that media companies have to protect and support their employees, especially the employees that do emotionally and mentally taxing work.

This is clearly a case about a journalist and her employer, a print and online news and media corporation; what does it have to do with the legal profession? Well, more than what might be evident on its face. Lawyers and journalists often share an exposure to traumatic events and stories, which can potentially be emotionally absorbed by the lawyer or journalist. This is a phenomenon known as “vicarious trauma”. Vicarious trauma, when left unacknowledged, will snowball into more severe psychological issues. Depending on the area of law that a lawyer practices in, exposure to criminal acts and other distressing things is the nine to five for many lawyers. Working for community legal centres for oppressed and marginalised citizens and smaller firms that deal with criminal law and family law are especially rife with material that can upset and distress people.

Vicarious trauma is a recognised concept that describes the “negative transformation in the helper that results (across time) from empathic engagement with trauma survivors and their traumatic material, combined with a commitment or responsibility to help them” (Pearlman and Caringi, 2009, 202-203). For law students, especially students that want to pursue a career in family law and criminal law, it is vital to be aware of what vicarious trauma is so that it can be detected and treated.

The workplace culture can also look the same between the journalism and legal industries. In her evidence, the plaintiff said that newsroom attitudes are of the general calibre that one does what they are told and puts up with it. In one instance, the plaintiff said that she had been told to “toughen up, princess”. Not only can the workplace, be it the newsroom, courtroom or boardroom, be a place where employees are passively encouraged to ignore their individual health needs and prioritise the job but are actively pressured to push through legitimate obstacles that they face.

Further, in this case the plaintiff was a female working in a “blokey environment” as she said in her evidence, which adds an extra layer of gender into the disastrous mixture. The legal profession is a male-dominated one and the feeling of needing to keep up is familiar to many women.

Such a culture of a workplace can more often than not have a negative impact on employee wellbeing.

This is an extreme case and in litigation and socially, The Age has become quite well known as being a “get on with it” type of workplace. This is very much illustrated in the evidence of the plaintiff and other employees at The Age as YZ fought her case, and also the defence that The Age put to the court.

The Age is no stranger to this kind of employee action in court. An earlier case that shares similar facts in that a different journalist sued The Age or psychological injury landed on the desk of the County Court, however, on the evidence available, the court was not satisfied that The Age had breached its duty of care to provide a safe workplace for its employees. YZ v The Age represents a shift away from this earlier judgement and is placing greater burdens on media companies to provide actually effective and supportive measures in place for employees who perform work of a highly traumatic nature.

We live in an era of millennial professionals who are breaking down the stigma surrounding mental health and wellbeing through candour and empathy. We are all going through something, after all. The significance of this case cannot be understated for achieving greater protections for employees that work in environments that expose them to traumatic and sensitive material. According to Bruce Shapiro, the executive director of the Dart Centre for Journalism and Trauma in the United States, this case is a world-first decision. With case law like this going through the courts, we can be rest assured that if we cannot get the peer and employer support needed at work, we can fight for it and depending on the facts of the case, be successful.

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THE CHARISMA QUESTION Indimdated by the likes of Harvey Specter & Elle Woods? But do you really need that killer personality to own the courtroom?

T

he likes of Harvey Specter, Elle Woods, Mike Ross, Ally McBeal.

BY HANNAH BURSTOW

Tenacious, fierce, charming. All full of character.

For aspiring barristers, the likes of the aforementioned can be quite daunting. Am I witty enough? Interesting enough? Persuasive enough? Do I have enough personality?

I’ve asked myself those questions.

I’ve imagined myself strutting along in my power suit to the soundtrack of my life. Turning heads, full of pep.

Back to reality - TV Lawyers have often made me want to become something that rarely exists in the real world. Sure, you will meet some lawyers that are spritely, intriguing and hilarious. But you’ll also meet lawyers that are the human equivalent of a wet blanket (a QC has literally been called one by a Judge before).

You merely need to conduct a quick Google search to uncover just how much television gets wrong when it comes to being a lawyer. Here are some of my favourites (courtesy of Mic.com):

"Funnily enough, real human lawyers can’t specialise in everything."

Court is just one giant intellectually stimulating conversation.

If you’ve ever been inside of a courtroom to view a case, you’ll know this to be absolutely false. Sure, there’s some quite banterous debate at times but interesting enough, legal TV shows make no mention of the dreary readings of submission.

Law is fast-paced Why do legal TV shows always leave out the gruelling hours of legal research spent on a case? Or the wait times for a court to hear a case?

Lawyers are experts in everything This is something I didn’t pick up on until I started law school. Weekto-week TV Lawyers jump from representing clients on criminal matters, to intellectual property, to civil bankruptcy. Funnily enough, real human lawyers can’t specialise in everything.

So don’t despair if you find yourself unmatched to the likes of our favourite TV Lawyers. The chances are, you will never be able to match them, because they aren’t real.

SEMESTER 2: CASE CLOSED

School's out, scream and shout! But how to while away those long summer days and hot summer nights? ― By Ashton Darracott―

Semester two is over and out already? It feels just like yesterday it was O-Week of semester 1 and we were all scrabbling around campus sweating bullets and getting our L-Cards in anticipation for the Law Ball coming up in the middle of semester. Now it is the end of semester 2 and even though we are all sweating our hearts out again, the main academic year is over! So what is there to do aside from twiddling our thumbs for the coming two months as we eagerly await the arrival of semester 1 of 2020?

Take a summer semester! If you want to fast track your degree or if you are afraid of getting out of the study swing, a summer semester might be right up your alley! Spots in the library during the break are plentiful, so you will never miss out on a seat there.

Conversely, what is sexier than watching Administrative Law lectures with your shades on by the pool, fruit salad in one hand and ice-cold cocktail in the other?

If a summer semester is not really your tune, do not let the precious break go to waste! The holiday is your perfect opportunity to get some real-world work experience under your belt. Missed out on a summer vacation clerkship? Not to worry; plenty of small firms and even medium tier firms love to take on board law students for a few days a week as an extra pair of hands. Take a weekday off and print a bunch of resumes and cold call into the offices of boutique firms in your local suburb and sit back and let the offers roll in.

Have you promised yourself that you will “do better next semester”? Believe me, we have all said that one to ourselves after a particularly stressful and full-on semester. Take some time to sit down with yourself and flesh out your goals for the coming academic period. Do you want to get better grades?

Do you want to get involved in extra-curricular activities and social sports? Once you understand what you want to achieve next semester, start planning out the small steps that you need to take in order to achieve those aspirations. Do not forget to break them down into your SMART goals: specific, measurable, achievable, realistic, and timely.

Apply for a short-term study exchange. There are heaps and heaps of ways that you can take your degree overseas! The QUT Global Portal has opportunity after opportunity to study a short two to fourweek program in dozens of universities all over the world. Dreaming of a white Christmas? Or maybe something a bit more tropical in South East Asia?

Check out the Global Portal for everything on offer.

Depending on where you are in your course, you can put it towards your degree!

Get your textbooks for the coming semester. If you are like me, reading the prescribed textbook for a unit is a brilliant way to consolidate information and rephrase concepts taught during the lectures and tutorials. Chasing the books down may be a boring endeavour at best, I know, but you will seriously thank yourself for it. There is nothing worse than being three weeks into the semester and trying to get your hands on a textbook only to be scouring the second-hand Facebook pages to no avail and either buying brand new or not snagging at all.

Pursue a hobby project or take a course in something you are interested in outside of law. As law students, we are notorious for keeping ourselves busy with a number of things during the semester to keep our minds stimulated. Just because the academic side of our pursuits is over for the year, unless you love torturing yourself with a summer semester, that does not mean that you cannot take up something really fun that you have been dying to start but just could not find the time or energy for. Course-wise, the website Udemy has some brilliant upskilling courses that cover a range of topics and disciplines and are usually quite cheap.

Every other suggestion aside, make sure that you actually take a break over summer. The burnout is real, and in many cases, it creeps up on us at the least expected and most inconvenient time, namely that one week that everything is due! Take the time to spend the silly season with everyone that you love the most. A few ideas may include but are not limited to Secret Santa with friends, a beach-side picnic with your immediate or extended family, a cruise or other getaway trip, or driving around in your pyjamas to see the Christmas lights in wealthy suburbs!

These are just a few suggestions for some ways to spend your valuable time over the break. In the wise words of Cady Heron from Mean Girls, “the limit does not exist!” So go out and make some memories to make the class laugh during the awkward ice-breaker activities in the first week of tutorials. Believe me, telling the class a fact about yourself is not confined to first year!

Become a real lawyer.

Do your PLT at QUT. ‘QUT’s firm connections gave me the opportunity to turn my workplace experience into a real job when I finished.’

Mark Goldsworthy Associate at Results Legal PLT graduate

DON’T JUST STUDY LAW. PRACTISE LAW. QUT has the real world Practical Legal Training (PLT) you need for admission to the legal profession.

QUT Graduate Diploma in Legal Practice January, February, July, and August Full time or part time online I Full time on campus www.qut.edu.au/courses/graduate-diploma-in-legal-practice

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ARRIVE... AT A LARGE AUSTRALIAN CORPORATE LAW FIRM WHAT IT’S LIKE TO WORK FOR US The law is an incredibly rewarding profession, but we recognise that it can be demanding.

Thomson Geer aims to create an environment that is flexible, friendly, personable, collegiate and professionally stimulating.

We work hard to enhance our culture through transparent and authentic communication, and by being respectful and accountable to each other every day to provide an environment where our staff can grow personally and professionally.

Our clients are at the centre of everything we do; so it is not only the openness we demonstrate in our dealings with each other, but also the well-established and trusting relationships we have with our clients, which make Thomson Geer a great place to work.

Our active social committee provides opportunities to develop close relationships with colleagues. Our staff practice their teamwork outside of the office by participating in sporting events and challenges.

Wellbeing has a significant impact on motivation, morale and performance at work.

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Students who complete clerkship employer a clerkship with us are award eligible to be considered for a position in the firm’s AFR 2019 next graduate development program, commencing in 2021. In Brisbane, we offer our graduates the opportunity to complete a Supervised Workplace Traineeship (SWT), which consists of two rotations through core practice groups of the firm. Our law graduate trainees complete comprehensive training in-house, as well as structured external training which allows them to tick off all required competencies to gain admission to practice.

Our New Lawyer Training program provides our graduates with skills that are not taught in the classroom; structured, real world development to set them up as high functioning and savvy practitioners. Following the graduate program, all employees can access our comprehensive in-house continuing professional development program, and are encouraged to attend external training to benefit their careers. We also have a Study Assistance program should our employees choose to undertake additional studies.

Management Committee's Recap We as a society pride ourselves on delivering an exciting social, academic and professional experience for all our 2,709 members. 2019 was no exception; we delivered countless events and opportunities for our members across all portfolios. We would like to thank everyone who has been on this journey with us, including our members, volunteers, the QUT Law Faculty and of course, you, our dear reader, for making 2019 into the year that it was. Without your participation in QUTLS events and initiatives, we wouldn’t be a real-world society run by law students for law students.

Media and Communications What a great year!

This year for Media/Comms we've been working on setting up a uniform QUTLS style, and more importantly creating more engaging content for our members.

I'm proud to announce our publications team for 2020! In 2020 we're going to deliver more even more online content (some that may even come direct to your inbox) and even more student-voice focused publications. We've already begun some exicting changes for our pubs (and a review of GSJ) so keep your eyes out!

If you have any suggestions or feedback, don't be afraid to get in touch: director.mediacommunication@qutlawsociety.com Keen for 2020!

Your 2019-2020 Media and Comms Director, Edward Williams

Publications Team

Gideon Caturla Law/IT QUTLS Publications Officer Humans of QUT Director

Hi all, I'm super excited to be involved with the QUTLS next year as a publications officer.

I am also the director of Humans of QUT, and with this experience, I aim to bring more wholesome content towards publications. The first creative project that I would love to bring next year is to resurrect Helen Driscoll's Humans of Lawbry series from the 2015 Torts Illustrated series. So if you see me around the "Lawbry", let me know if you want your law student story to be heard, and we can have a quick chat about absolutely anything! We can talk about your subjects, your favourite place to study or your favourite judge. Let's talk about what it means to be a human studying law at QUT! I also work in intellectual property for an American commercial law firm, and it has been unbelievably exciting. It is a field of law that has plenty of interesting stories that I would love to share with you all.

Asides from that, I identify as an aromantic asexual, and I would like to promote more inclusive content in publications and throughout the QUT law school. I am a big fan of expressing yourself, whether it is through your beliefs, your interests, or your goals in life. It's your story, and you have to own it. I chose the publications role because I felt that it's time for me to begin a new chapter in my story. One where I can write and express who I am as QUT Law Student.

See you all in 2020! Hope you have a great holiday!

Hi everyone! I’m very excited to be one of the publications officers next year and be a part of the QUTLS for 2020.

One of our big goals for 2020 is to see more engagement with the publications from QUT Law Students to really make our content representative of the student body. So if you have any thoughts on topical legal or social issues that you’d like to see published, we’d love to here it! There’s plenty to write and read about on a larger scale as 2020 is already shaping up to be a big year in terms of global politics and events.

Alex White Law/Media and Communications QUTLS Publications Officer Legal Research Clerk

However, also on a smaller scale we want to here about individual law student experiences and we really want this to drive our publications because at the end of the day we are a publication team run by students, for students. The life of a law student can definitely be one of highs and lows. We are so fortunate to have this opportunity to study a great degree yet an increasingly competitive job market and high academic expectations can make the experience pretty difficult sometimes. This is why we want our publications to become part of this shared experience where students can read about their fellow students and feel part of a community and know that their not alone.

We’re very excited to be hearing from you all in 2020 and have a great summer break!

Want to get involved?

The 2020 committee is aiming to be more collaborative and open than ever, so we're seeking your feedback.

If you have any ideas or intitatives that'll make your QUTLS/Law student experience even better get in touch: facebook.com/qutlawsociety | @qutlawsociety | president@qutlawsociety.com

QUT LAW SOCIETY 2019