Torts Illustrated (Issue 1, 2019) by QUT Law Society

SEMESTER 1

CONTENTS

Reconciliation 04 From the Pressroom

From the Executives

A manifesto of the sore thumb in the room

The Aftermath of Christchurch Attacks

Difficulties in Defining Diversity

Diversity – It’s Everyone’s Business

Meet the Profession Speech

Diversity — Is It a Dirty Word?

Your friendly QUTLS executives cap off the semester.

What it’s like to be different in the workplace.

The incident that happened in New Zealand left the world in disbelief.

How do we define the achievement of diversity? What is it to be diverse?

Diversity should be everyone’s business, not just from 9-5.

Jack Bristed presents his address for Ashurst’s Meet the Profession.

For a vague and rather innocuous term, “diversity” seems to spark a lot unrest.

The Case of Law v Business 32 Morgan Lynch writes about her learning experience as a double degree student.

Get to know the L Card and more FAQ

Diversity is it a dirty word?

Politically charged and hotly debated, the idea of “diversity” divides the political left from the right and many friends from their enemies.

ACKNOWLEDGEMENTS

Executive’s Statement for Semester 1! Read the what the QUTLS has been up to from pages 08 – 13.

A Manifesto of the Sore Thumb in the Room

The feeling of a ‘boys club’ in the legal industry, and even law school, can make you feel out of place, like you are the irrational one in the room.

The case of Law v Business

Sabrina’s journey jumping between two different worlds did remind me (in a much more dramatic, supernatural way of course) of my own experience navigating life as a dual Bachelor of Laws (Honours) and Bachelor of Business (Economics) student.

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. 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 Editor Edward Williams [Director of Media and Communications] Content Editor Hannah Burstow [Publications Officer] Visual Design and Formatting Edward Williams [Director of Media and Communications] Wei-Han Chan [Designs Officer] Hannah Burstow [Publications Officer] Cover By Wei-Han Chan and Edward Williams

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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. In 2019, the QUT Law Society welcomes commencing Indigenous students, and wish you every success in your studies and beyond.

MAGAZINE TORTS ILLUSTRATED

FROM THE PRESS ROOM

an you believe the first half of the year is over, almost as soon at it began? For some this may have felt like an eternity – but for others, it may feel as if when you next blink it will be Christmas! Either way, you have all earned this much needed mid-year respite (unless you’re doing Winter semester, in which case you’re crazy). So now that you can relax, grab a warm cup of something, your comfiest sweater and snuggle up to have a read of our first issue of Torts Illustrated for 2019: Diversity! Here at the QUTLS, we are delighted to share an issue of Torts Illustrated that surrounds diversity of many kinds – race, gender, sexuality, religion, age, interests, and so the list goes on. This Issue of Torts Illustrated contains diverse features from diverse authors on diverse topics. We can’t express how proud we were to read the calibre of submissions from our very own QUT Law Students. The articles highlight where we’ve come from, and how far we must still go. We are dedicated to fostering a welcoming and inclusive environment at QUT, and we couldn’t do it without fellow students with the same passion. So, who exactly are we, hiding in the non-existent Press Room? Well, we are the team that has brought you the following thus far: • Springboard Careers Guide; • O-Week Brochure • First Year Survival Guide; • This issue of Torts Illustrated, and one more to come! We have also been answering all of your questions online whilst maintaining the marketing of the QUTLS surrounding events, job vacancies and any endeavours achieved by our amazing QUT Law Students. In order to maintain this presence and do the best job possible for you via Social Media, we’ve introduced a new role within the Media and Communications Portfolio – our Social Media Officer. This has been an exciting and much-needed change, as our world continues to digitalise. On that note, a huge thank you is necessary for the entirety of the Media and Communications Team – Ed Williams (our fearless director), Hannah Burstow, Taylor Thomas, Wei-Han Chan, Craig Lester, Jack Vernon, Calum Douglass and Kalinda Cheung. We aim to continue delivering the best possible content for our members throughout the rest of 2019. Thank you for your support so-far this year and we hope you enjoy this colourful issue!

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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 pre-penultimate year for an eight week program, which is completed over two years and law students in their penultimate year for a four week program completed in one year. McCullough Robertson is an independent Australian law firm with more than 400 staff spread across five offices. Operating for over 92 years, we have range of legal services on offer for clients comprising major Australian and foreign owned corporations, financial institutions, governments and high net worth individuals.

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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.

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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

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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.

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GRADUATE 2018 INTERN 2017 Ligitation and Dispute Resolution

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QUTLS EXECUTIVE Hello QUT Law! Zane, Hannah, Isaac and Jack here. 2019 has been a fantastic year for the QUTLS. The teamâ&#x20AC;&#x2122;s term started off in December with a 2018/2019 committee handover event and a full committee planning day. Each portfolio worked together to plan their year and deliver on what YOU want. Our Events and Education teams surveyed our members which aided key decision making around career events and the Law Ball. From the planning day and with the help of our executive team, the management committee put together the 2019 Sponsorship Prospectus and invited our industry partners to support the many great initiatives the QUTLS offers to our members. The Careers events and various publications were highly supported by Brisbane Law firms looking to engage directly with students. To deliver on these obligations, we introduced a social media officer for the first time, which has been a huge success and has greatly increased exposure online.

This year, we have looked to budget in accordance with the value of our events and initiatives and ensure this is done early to minimise waste. We have introduced new event planning procedures to increase our efficiency in event planning and aid the team when setting up our events. It also includes a large risk analysis component which helps protect attendees and the society from a legal standpoint. A bit about us: Zane is the QUTLS Vice President. He is a Law/IT student with a real passion for the law. He currently works at the AAT and can be found (along with the rest of the team) spending many late nights at the law society office working on Law Society initiatives or assignments.

Hannah is the QUTLS Secretary and is the glue that holds the team together. Hannah is a 4th year Law/Accounting student but moonlights as a rave girl at festivals. If you ever want advice on how to survive law school and smash your goals, Hannah is the one to chat to. Jack is the QUTLS President. Jack is a post-grad law student (yes he is old) who has been a part of the Law Society for far too long. Jack has put his heart and soul into the QUTLS and is always open to a chat, coffee, drink with any other student. If you would like to be involved with the law society, please feel free to reach out to one of us at anytime.

Isaac is the QUTLS Treasurer. He is a 4th year Law/Finance student who loves consulting and is a pro at managing time. His favourite past-time is hanging out in the lawbry with his airpods in and suit on. DIVERSITY ISSUE 1

MAGAZINE

EDUCATION

EVENTS

What a semester it has been for the Education Portfolio!

QUTLS Events has kick started 2019 with a BANG.. and a bar tab or three!

With Clerkship season at the start of the semester, we got stuck right into providing events and opportunities to give students an edge when applying for those highly competitive clerkship positions.

We began our Semester welcoming new and returning students with a Sunday Sesh at Friday’s launching everybody’s favourite student discount card, the L Card. First Year students then worked against the clock at our First Year Social in April.

First, we had the Clerkship Symposium, where 5 firms visited QUT to show students the tips and tricks to perfecting their clerkship applications. This was followed by Meet the Profession, where over 150 students and 70 professionals networked the night away, with students given countless opportunities to make valuable connections. The King & Wood Mallesons Women in Law Breakfast followed, to celebrate the increasing significance of women in the legal industry. We also held a Technology, AI and Innovation in the Law evening, and a ‘What is PLT’ event towards the end of the semester, with the main focus of these events on providing information to members about these topics in an interactive manner.

Our biggest and most mystical event of the year, the QUT Law Ball: Into The Woods, was held on the 4th May at Cloudland. The night was a roaring success with students enjoying dressing in their most glamorous attire and dancing, mingling and drinking among the toadstools and enchanted trees. We have so many exciting things coming up – from our end of semester drinks LetsGetRekt on the 21st June, to our infamous pub crawl, and the 2019 Law Dinner in October. Make sure you keep an eye out on our Facebook page for your next chance to relax and unwind!

These events would not have been possible without the hard work and dedication of the incredible Education Officers: Hamish Townsend and Hannah Haidley, Hannah who has since moved on to become our secretary! Likewise, Sarah Sheppard has done an amazing job revamping the QUT Law Faculty Mentor Program through which many first years have received the mentorship of later year students where they have learnt about all the opportunities QUT Law has to offer. No matter where you are in your degree, these events are a great opportunity to get involved, network with peers and professionals, and learn something new. I encourage everyone to come along to these events as you will always gain something out of it. Now I think we are all in desperate need of a breather, so enjoy your winter break and we’ll be back next semester with more great events!

Chelsea Lee

Alexandria Brown

Director of Education

Director of Education facebook.com/qutlawsociety @qutlawsociety

TORTS ILLUSTRATED

COMPETITIONS Congratulations my fellow QUT Law amigos, we’ve almost completed another semester – just the exams to go… The competitions portfolio had a stellar half-year holding three competitions, the: • • •

QUT PLT Negotiation; Ashurst Open Moot; and Clayton Utz First Year Moot.

A huge thank you to the Competitions Team – you guys are beyond exceptional and are the reason over 200 QUT Law Students have experienced the thrill of competition, not to mention improve on their skills and have ball while doing so. If you see any of them around C-block, be sure to thank them for their time, effort and dedication! If I may be of no further service to the court, that concludes my submissions.

The Negotiation had the highest amount of participants in recent history, if not ever, while the Open Moot produced epic competitions with submissions compelling enough to make Kirby assent. In Week 11 the First Year Mooters smashed the status quo on what it is to be classified as a junior mooter and I genuinely have concern for anyone going up against them in the future. 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 expert judges. Don’t forget you can now add a new line under the University Involvement section on your resumes! Plus now that you know it’s not that scary, tell your friends! Special shout out must go to the winners of the Negotiation (Catherine Bugler + Astrid Easton) and Open Moot (Madeline Stone + Karl Townsend) who will be representing the QUT Law Society at ALSA later in the year. Competitions are an exciting and rewarding part of Law School. Unfortunately, not everyone can participate, whether it be due to physical, geographical or mental barriers. That’s why this year the Competitions Portfolio is holding an Online Moot that is designed to be accessible to everyone. Keep an eye on the QUTLS Facebook page next semester for details Also, don’t forget the Paper Presentation is being held over the break! This is your chance to write an essay on a stimulating topic and then get to present a brief presentation in front of professionals and students on the same topic – registration opens after exams (again, keep an eye on the Facebook page!)

Ben Quick Director of Competitions

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SPORT

Semester One has been extremely busy– but I could not be prouder of our results! This semester, brought you: • • • • •

Monday Social Touch games; Thursday Social Netball games; Sunday Social Soccer games; Weekly Running Club tracks; The QUTLS v QUTLS Grudge Match; • The LawRight Walk in QLD – in which we sponsored 30 students to walk with us, and raised nearly $2,000 for legal aid; and • Exam Week Goodie Bags.

A big thank you must go to my officers Abby Wood and Rohan Bollu. Without them none of the above would have been possible. Another big thank you must go to every single person who represented QUTLS at these events. Sometimes it can be hard walking away from the Lawbry and making a commitment outside of studying. However, teams showed up without fail, and that kind of dedication is truly honourable… especially around those mid sem exams!

teams in the River to Roof Top Walk, and the Bridge to Brisbane. We will also be showing our support for Mental Health week, with our annual breakfast and various activities and services available during the week.

Make sure you stay tuned for next semester, and follow ‘QUTLS Sport’ on Facebook for any updates. The Team and I are looking to sponsor

Bronte Jackson Director of Sport

TORTS ILLUSTRATED

EQUITY Greetings! My name is Rebecca and I have the privilege of being the first Director of the new Equity Portfolio. The introduction of this portfolio is very long overdue and represents QUTLS’s strong commitment to student needs, support and inclusion. It is a fascinating coincidence that we make our grand debut in the ‘Diversity’ issue - or perhaps it’s not a coincidence. Every single day, we see news headlines and media posts that bring different societal issues to the forefront of the conversation. The modern law student needs an awareness of these contemporary issues, empathy and a sense of justice. At the core of many of these issues is ‘differences’. Differences in opinion, backgrounds, cultures, thoughts... or rather, diversity. Diversity is a concept that should be embraced and underpins each of my goals for this Portfolio.

Martin and I stepped into our roles with the aim of making a genuine difference in the law student experience. It is no secret that law school is hard, but we’re here to make your time here as enjoyable and comfortable as possible.

old law textbooks to be donated to the Equity Book Scheme. We’ve also worked alongside the other Portfolios to streamline our Equity Ticket process, making our ticketed events more accessible. Our first big ‘win’ was the introduction of free feminine sanitary products in Level 4 of the Lawbry. Anyone with a uterus will tell you that feminine hygiene products can be expensive, difficult to obtain on campus and surprise surprise - emergencies

happen! We understand that law students spend a lot of time in the library and want to support your study sesh any way we can. If this trial is successful, we hope to expand to the other levels. Fingers crossed!

I would like to thank my Equity Officer Martin for the commitment and creativity he brings to the table, the Executives for their unwavering support and the Management Committee for their passion and devotion to the success of this Portfolio. The Equity team has been busy laying the groundwork for our major events and projects in Semester 2, so please keep an eye out! If you have any suggestions of initiatives or issues we should address, please email me at director.equity@qutlawsociety.com. Best of luck with new semester!

We also introduced ‘Coffee Catch-Ups’, which are casual monthly chats that encourage students to socialise in an inclusive, all-ages environment. Our first Textbook Drive was a huge success, which saw many of our members bringing in their

Rebecca Le Director of Equity

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A MANIFESTO OF THE SORE THUMB IN THE ROOM

Do you know why we have the sunflowers? It’s not because Vincent van Gogh suffered. It’s because Vincent van Gogh had a brother who loved him. Through all the pain, he had a tether, a connection to the world. And that is the focus of the story we need – connection.”

— Hannah Gadsby

TORTS ILLUSTRATED

here is something glamorous about the hallways of corporate officers—with the flowers that get delivered to the reception desk every day, with training that makes you feel prepared and overwhelmed all at the same time, like your fear is mixed somewhere between awe and a desire to prove yourself in the world. I remember the glamour and feeling so out of place. It has never been an unfamiliar feeling, being the sore thumb that sticks out. All-girls schooling does that, where phrases like I’d rather be dead than gay ring out in the school yard. That feeling doesn’t go away. We were sat down to talk about diversity in the corporate sector, to discuss targets of female partners and ways to reduce environmental footprints. These are all noble causes, ones that I support and align with what I believe in. But, then the presenter moves to LGBTIQ+ diversity in the workforce, and the first words to come out of their mouth are: Women, gay women, are under represented in the corporate law sector, and it’s never spoken about. Progress towards a more progressive, diverse, representative workforce has come leaps and bounds. However, in 2019 we are having conversations that indicate lesbians are less likely to come out in the workforce than gay men—and all I could do was sit there and consider the ten reasons I wasn’t comfortable telling the very peers who surrounded me in that room. I am a proud lesbian, and a proud law student interested in a legal career. I have never thought that those two things needed to be mutually exclusive. There is something deeply uncomfortable about correcting people when you talk about your partner, about finding the correct point in a conversation to slide in the pronouns to prevent later awkward conversations, about

“I am a proud lesbian, and a proud law student interested in a legal career. I never thought that those two things needed to be mutually exclusive.” hearing phrases like that’s so gay dropped as if we do not know better now. This is not behaviour that is exclusive to the school yard or the corporate offices. It happens each time that you make a joke towards your friend and excuse it as banter—think before you talk, before you create a culture that causes discomfort or reminds people of their struggles for being different. Sometimes, they might laugh and not want to—I certainly have, for the sake of getting along and not creating tension, to not be the angry, left-wing lesbian in a room. The feeling of a ‘boys club’ in the legal industry, and even law school, can make you feel out of place, like you are the irrational one in the room. It isn’t true, but we spend our entire lives reminding ourselves that the things people say aren’t true, when media campaigns attempt to tear us down for the people that we love. For others, it can be difficult to understand the kind of challenge that comes

with being different, with fitting into the bubble of being ‘diverse.’ I worked on the phones in a mental health service during the postal vote; and can vividly recall the calls of a distressed and scared community. When you say that diversity is not important, you minimise these struggles and the need for representatives of our community to benefit a once disenfranchised minority. There can be hard conversations to have when you don’t understand because the issue isn’t personal, because you haven’t experienced these challenges, or you don’t understand what it is like to stick out like that sore thumb. Listen to your friends, have a conversation, and complete some research on how to be a good ally. Take productive steps to ensure that the struggles of those you love do not fall upon deaf ears. My greatest experience of love and absolute support came from my best friend, when we watched Nanette by Hannah Gadsby together. She sat with me and cried and expressed for the first time that she was starting to understand the difficulties and the stigma that has historically been placed upon the gay community. For me, that was one of the most important moments in my identity—give that feeling to your friends, of full support and love. I can only hope that this journal on diversity of thought and community starts these conversations. Connect with your friends, they can’t do it alone. And the next time that someone tells you Women, gay women, are under represented in the corporate law sector… – Tell them: not yet, but they will be.



Contributed by Anonymous. DIVERSITY ISSUE 1

STAY TRUE.

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 AFTERMATH OF CHRISTCHURCH ATTACKS BY SHAWQI MOHAMMED

he 15th of March 2019 has been a shocking day for the residents of Australia and New Zealand. Many Muslims left home for Christchurch mosques for prayer where a carefully planned mass shooting took place at lunchtime on that day. About 49 people have been reported dead while other 20 people have been found injured. This incident which happened in New Zealand, a peaceful nation, left the world in disbelief. New Zealand has always been a tolerant country that has embraced equality and diversity. For such an act to have happened on that land, even the New Zealand Prime Minister Jacinda Ardern was taken off guard. She immediately came out in the public wearing a headscarf and showed compassion and empathy towards the families of all those who were affected in those two attacks in Christchurch city. Paradoxically, when the attack happened, Fraser Anning, a Senator who entered the Australian Parliament in 2017 made discriminatory remarks against the Muslim community by using the words “final solution” with a call for ban on Muslim immigration. He added, “The real cause of bloodshed on New Zealand streets today is the immigration program that allowed Muslim fanatics to migrate to New Zealand in the first place”. While hate speeches like this are illegal in Australia, there is also this difficulty in drawing the thin line between this and free speech. Just three days ago, it was declared to the Press that the New Zealand’s immigration Minister has decided to grant all those directly and indirectly affected in those attacks a permanent residency visa, amid the uncertainty surrounding their immigration status following these attacks.

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Members of the Parliament in New Zealand have demonstrated solidarity with the Muslim community in the country and around the world by marking the opening of the parliamentary session with a recitation from the Quran - the Islamic Holy book. Several debates have sparked online that started as a movement in the decolonization in the mindset of people that have occasionally associated Muslims with the term ‘terror’ and people have come to realize that Muslims, just like the others, fall prey to such vicious acts by the extremists. It takes a wise and enlightened mind to see past the hatred that the dark web is trying to spread around the globe. Also, PM Jacinda Ardern, being the remarkable and distinct leader that she is, has come to reflect upon the cause of such an atrocity that happened in New Zealand and after much consideration, has called for a law banning all semi-automatic weapons in her country. This effort is applauded because it is a call for change in its domestic legislation of weaponry, as opposed to the reluctance in USA in making such changes.

TORTS ILLUSTRATED

Notably, there has been wide-spread interfaith solidarity from around the world in support of the victims’ families and to the Muslim community in New Zealand. Ladies from different communities have been wearing head scarves to show respect, support and compassion to the Muslims. If it takes hatred to divide people, it also takes hatred to unite people. Sometimes, it takes an incident like this to restore faith in humanity. The aftermath of Christchurch attacks has led to more unity despite the diversity in the background of every individual for a common cause. 

Connect with us... Thomson Geer @ThomsonGeer www.tglaw.com.au

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Students who complete clerkship employer a clerkship with us are award eligible to be considered for a position in the firmâ&#x20AC;&#x2122;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. DIVERSITY ISSUE 1

troversial figure to chime in on the topic was journalist Lionel Shriver, who responded to Penguin Random House’s diversity pledge critically. Concerned about the pledge’s effect on publishing criteria, Shriver wrote that ‘literary excellence will be secondary to ticking all those ethnicity, gender, disability, sexual preference and crap-education boxes.’ In response, Kenan Malik noted in The Guardian that Shriver misunderstood the term and observed that diversity was frequently confused with notions of equality. The merits of these arguments aside, each represent the difficulties in establishing a clear definition for diversity. Nonetheless, in a typical law student definition, I sought to do so. The Macquarie Dictionary defines diversity as ‘the state of being diverse.’ It suggests ‘difference’ and ‘variation’ as synonymous with diversity. If linguistics alone are anything to go by, ‘div’ as a prefix means to separate, while ‘verse’ indicates the range of this separation. This leaves us with a term describing multiple differences on a varying scale.

THE DIFFICULTIES IN DEFINING DIVERSITY By Sonia Stone 20

TORTS ILLUSTRATED

n 2017, Hua Hsu of The New Yorker cited ‘the year of diversity fatigue’, noting that diversity had become a ‘worn and misapplied term.’ Hsu described diversity’s arrival into America’s legal scene in the 1978 decision of University California v Blake—a case that struck down the applicability of quotas in university admission but upheld affirmative action—as being responsible for its ‘messy origins’ that ensured the term’s ‘vague and ahistorical’ application. That same year, Keelfa Sanneh wrote that diversity was something ‘everyone can love, not least because no one can define it.’ Perhaps the most con-

Personally, I find it ironic that a term used to connote inclusion is not limited by an exhaustive definition. Such an observation calls into question the practical realities of diversity—that is, how do we demonstrate diversity has been achieved, in the sense that diversity is limitless and therefore never ending? To this end, there’s diversity of thought; diversity of opinion; diversity of age, socio-economic, gender, sexual orientation, politics, experience, occupation—and so on. Given the difficulties of establishing representation in each and every one of these categories, Malik made the point that diversity in today’s institutional sense means ‘being representative in a few chosen categories, and only those categories.’ Similarly, Janet Stovall makes the persuasive argument that diversity should not exist alone. Rather, it should be paired

with inclusion. Diversity, she argues, is a numbers game, capable of being mandated; inclusion is cultivated and focused on impact. These comments, while helpful in determining the scope of diversity, do little to aid in defining the term. Interestingly, almost each author agrees that diversity—in its pure form—aims to expose individuals to new people and ideas, so as to create environments that more accurately reflect one’s community and encourage unity. But, as the Macquarie Dictionary points out, diversity is not an endpoint or final destination to aspire to. True diversity reflects a ‘state of being diverse’. It is a way of being, as opposed to something that can be ticked off a list. ‘Being diverse’ means approaching all areas of one’s life with an open and inclusive mind, a willingness to learn and a withholding of judgement. Perhaps we should aim to embody diversity, rather than achieve diversity. 

How do we demonstrate diversity has been achieved, in the sense that diversity is limitless and therefore never ending?

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DIVERSITY IS EVERYONE’S BUSINESS

By Ausbert She

Whenever we hear diversity, we think of inclusion in society, non-discrimination regardless of race or gender. Diversity should be everyone’s business, not necessarily a 24/7 9-5 workday, but it at least should be at the centre of awareness of every individual out there, be it office workers, construction employees, university students or professors, to media, and even those who make our offices and our schools clean – the cleaners. And yet, it is still a widespread issue in all corners of society across the world. Let’s take Australia for example. According to the Australian Human Rights Commission, in 2018, 23% of women and 16% of men have experienced sexual harassment at work in Australia. But in a comprehensive research study by the Australian Human Rights Commission last year, it was found that 71% of Australians had been sexually harassed at some point in their lives – women (at 85%) far more likely to experience it than men (at 56%). And, often, men were the perpetrators (let’s be honest guys and agree that as men we are prone to this sort of behaviour against women). Yes, women can be beautiful, intelligent, but they need to be respected as individuals and not objectified based on superficial “looks”. 22

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Understand that Australia is a vibrant, multicultural country and we are home to one of the world’s oldest continuous cultures, as well as Australians who identify with more than 270 ancestries. We should not have to deal with this, but sadly it is the reality. Everyone deserves a fair go and certainly we are starting to see that change both in the workplace, in sports and in the legal arena. In terms of the workplace, many companies are beginning to realise the importance of inclusion and no doubt that women deserve better remuneration for the same amount of work they give as men do. In terms of sport where the disabled are given a fair chance of representing Austrralia in the Special Olympics 2019 held in Abu Dhabi and letting the world know that a handicap will not impede their potential. Quoting Martina Navratilova who is a Czechoslovak-born American former professional tennis player, “Disability is a matter of perception. If you can do Just one thing well you’re needed by someone.”

In terms of the legal arena, the recent legalisation for same-sex marriage is another strong example of the change in diversity in Australian history. Whilst yes there are members of the community and certainly in the country who may despise this sort of behaviour, but human rights are human rights and we should all respect the UN Declaration. After all it has given us a life, a voice and ability to pursue our goals and dreams. Business is business, but let’s be real – our rights matter even more and every individual, regardless of race, ethnicity and gender, should be respected for who they are and the ideals and values they represent. Keep in mind the next time you engage in a group discussion whether it is a work meeting or casual drinks at a local bar, to be mindful of what you say. As demonstrated in a TV advertisement that was circulating last year, it only takes a few seconds of non-activity for sexual harassment to do harm and it doesn’t need to be physical. 

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CRICOS No. 00213J

law for the real world

Meet the Profession Address

Good evening everyone and thank you all for coming. I’m very pleased to announce that tonight’s event is once again a sold out affair. It really speaks volumes about the willingness of QUT Law Students, and of Brisbane Law firms, to engage with one another. I would like to briefly speak about two things that are quite prevalent and topical for people in our industry, whether they be at the start of their journey or ‘seasoned veterans’. Firstly I will talk about the ‘difficulties of finding a job in the legal profession in the 21st century’; and secondly, I’d like to preface what Bill will speak about tonight, by mentioning some thoughts on the future of the legal industry and QUT Law Students’ place within it.

Jackson Bristed

QUTLS President

We are all very well aware that finding a job in law is competitive, particularly as a graduate in today’s climate. We are aware of the huge numbers completing a law degree every year; we experience the stress of trying to do everything we possibly can to put ourselves in the best position to find one of these elusive

Clerkship or graduate positions; and we’ve even had Uncle Malcolm tell us that we shouldn’t study law if we do not want to practice. But this competitiveness is not a new phenomenon. When our QUTLS team and I took office in December, I thought it was important for us to find out a bit more about the history of the QUT Law Society. For example, we used to be known as ‘Quotals’ or the Queensland University of Technology Association of Law Students. I’m sure some of the ‘wiser heads’ in this room may have enjoyed 1 or 2 quiet beverages at a ‘Quotals’ law ball along the way. Before Quotals and when QUT was known as QIT, we were the Association of Queensland Institute of Technology Law Students or ‘AQITLS’ - I’m sure our founding members had fun with that acronym. But why am I telling you this? Well during the search of our history I came across a journal article written in 1997 for the QUT Law Journal by Michael Morris who as I understand it is now a partner at Allens. The article was about QUOTALS, its

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history, and its future and I’d just like to read a brief passage from it now…. “QUOTALS has moved on from being the primarily “social” institution that AQITLS was to aiming to provide students with services which better equip them (or at least give them a “leg-up”) to find employment. Such services and initiatives include the Careers Market Day, the Meet The Profession Night, the Careers Guide and others which shall be discussed further below. QUOTALS sees this type of work as one of the most essential and primary services it could offer to law students in the current extremely competitive employment market which perhaps did not exist (at least not to the same extent) when the law school was established twenty years ago. It is this which distinguishes QUOTALS from the “social clubs” around campus.” As you can see even 22 years ago, law was a competitive industry. I would put to you all of you today looking to work in law that it is not good enough to complain about how hard it is to find a job in law. If working for a great firm is what you want then you need to do the hard yards. You need to try new things, network with your peers and members of the profession and do everything you can to set yourself apart and broaden your thinking. But of course I don’t need to say this to the people in this room because you’re already doing it.

60% of QUT law students are female. 500+ students studying the post grad entry course. The majority of QUT Law grauduates have dual degrees. more than just a buzzword. It means providing lawyers to clients that can relate and have had similar life experiences. It means providing advice in an age where communication is instant and almost every action is a political action that has consequences farther reaching than just the black letter of the law. For all of you in this room that will have a hand to play over the next month in deciding what opportunities you will be providing the plethora of legal talent in Brisbane, I truly believe that QUT cultivates the most diverse forward thinking

graduates. 60% of those doing law at QUT are female. We have dedicated programs for indigenous students and equity students. We have over 500 students studying the post grad entry course and many students from outside Brisbane studying externally. The majority of QUT law graduates have dual degrees and at least two thirds sign up to be members of the QUT Law Society, however I suspect in some cases this may merely be for the ‘social networking’. So please, really consider QUT Law Students that apply to your firm. These are the people that WILL bring the diversity, vision, and 21st-century drive necessary to carry your firm into the future. Finally, I would like to thank all of our generous sponsors for their support, particularly Ashurst, MinterEllison and QUT PLT. Firms like yours are the driving force behind the powerful initiatives that we offer to our members - initiatives which deliver higher quality graduates to the marketplace. 

This leads into my second point about the future of the law. The law is diversifying. The landscape of a firm’s client-base is changing. It is not enough just to tell a client about the law. They want to know how it applies to them and how it will affect their business and their lives. The diversification of the client base means that a firm’s product needs to diversify with it. But how does it do that? Well the product comes from all of you in this room and diversification is 26

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Jackson Bristed, QUTLS President, Meet the Profession Address 2019.

I learn from market leading partners, and have exposure to industry leading clients. My professional skills are continually growing because of the ongoing training, mentoring and resources MinterEllison provides.â&#x20AC;? Alex Doust Graduate

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DIVERSITY — IS IT A DIRTY WORD? BY ISAAC FISHER

Diversity – Is It a Dirty Word? Politically charged and hotly debated, the idea of “diversity” divides the political left from the right and many friends from their enemies. As defined in the Oxford Dictionary, diversity is “a range of different things”. This vague and rather innocuous definition has sparked enormous unrest in recent years. I suggest that this unrest arises due to the blanket nature of the term. A Different Kind of Diversity Putting the politics and personal views aside, I have observed a growing trend in the business and management literature around a new kind of diversity – diversity of thought. Diversity of thought focuses on the utilisation of people. It involves recognising employee’s full potential, creating an organisation where they feel comfortable contributing ideas and seeking out knowledge from those around them. This evidence suggests that diversity of thought leads to increases in business performance through employee optimisation. What Does Diversity of Thought Look Like? Diversity of thought goes beyond race, ethnicity, gender and sexuality – it involves understanding how people think. It seeks to utilise an individual’s strengths and weaknesses to determine their optimal contribution to the businesses’ common goal. McKinsey (2018) suggest identifying a mix of inherent traits which are most relevant to the organisation’s business and industry through using advanced business and people analytics. Take for example a retail business where the core function of the employees is to engage customers and sell products. Unsurprisingly, research suggests that a retail employee’s personality is closely linked to their revenue generation and their customer’s satisfaction. Most people would assume that retail staff who are characterised as outgoing and friendly would maximise organisational performance. However, the evidence suggests this is not the case. Instead, there is a close correlation between an employee’s ability to minimise distractions and their performance. Moreover, there is no evidence that the length of an employee’s service leads to better management. Rather, organisations should seek to analyse what “good” managers do so that newer managers can be trained to emulate them.

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Where to Next for Diversity of Thought? Born out the advancement in neurological research, diversity of thought is expected to continue its unprecedented levels of growth. In the not too distant future, the onus will shift to managers to better connect their diverse talent, with the goals of the organisation. Business leaders and executives will also face challenges around creating an inclusive culture and creating structures and procedures which simplifies recruiting for diversity of thought.

EVIDENCE SUGGESTS THAT DIVERSITY OF THOUGHT LEADS TO INCREASES IN BUSINESS PERFORMANCE THROUGH EMPLOYEE OPTIMISATION.

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Pull out something worthwhile

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1.4. OVER Pub Crawl 195 DEALS Membership 2. LAunch party 3. Law Ball

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4. Pub Crawl 5. QUTLS Membership

THE CASE OF LAW V BUSINESS Written by: Morgan Lynch

’ve recently started watching Chilling Adventures of Sabrina. For those of you without a Netflix subscription, this series tells the story of a teenage half-witch caught between the magical and mortal realms. While I don’t plan to pledge myself to the Dark Lord anytime soon, Sabrina’s journey jumping between two different worlds did remind me (in a much more dramatic, supernatural way of course) of my own experience navigating life as a dual Bachelor of Laws (Honours) and Bachelor of Business (Economics) student.

Studying a double degree has been a fantastic way to diversify my university experience. In particular, constantly adjusting to the different conventions and expectations of two QUT faculties has allowed me to develop into a more flexible and adaptable learner. However, I realise the intricacies of living this kind of double life may be unfamiliar to students who have studied exclusively in the Faculty of Law. With this in mind, I decided to compile a list for all my single-degree friends out there of some of the differences I’ve encountered in my first two years at university.

1. Week One Tutorials

2. Referencing

3. Formatting Assignments

Law students, prepare to feel envious! While you may have to attend your first tutorial bright and early on the first day of the semester, business tutorials almost never start until week two. This is based on an understanding that tutorials are designed to reinforce the content covered in the previous week’s lecture. As there was no lecture the previous week, there is nothing to learn in a week one tutorial. In saying that, holding a law tutorial in the first week can be a good opportunity to get those dreaded ‘get to know each other’ activities out of the way, lest they eat into valuable learning time the following week.

As a law student, I’ve read through the Australian Guide to Legal Citation so many times I’ve probably started reciting it in my sleep. However, when I start writing a report for one of my business units, I have to switch to APA referencing. This entails complying with an entirely new set of citation conventions, many of which differ significantly from the AGLC rules. Nonetheless, I’m grateful I’m able to rely predominantly on the succinct APA referencing guide provided by QUT Cite|Write (and, to a lesser extent, the APA Blog) rather than spend even more time analysing over 300 pages of frustratingly-specific AGLC rules. This is especially true now AGLC 4 has been released!

The guide to Written Assessment in the Law School can feel like the bane of my existence when I’m putting the finishing touches on a long essay or research report. ‘Why does it matter how wide my margins are?’ I feel like shouting angrily into the night. But there are moments when I’m working on an economics assignment that I long for the business school to adopt a similar assessment guide. Style and formatting requirements frequently differ between business units and sometimes even between tutors within the same unit. This inconsistency can prove very frustrating and timeconsuming.

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4. Word Limits

5. Exams

As a student with a propensity to dramatically exceed the word limit on my first draft, I am a BIG fan of the 10% leniency Iâ&#x20AC;&#x2122;m generally afforded in my business assessment. Unfortunately, the law school has no such policy. This may be a good lesson in the importance of being concise, but cutting down large chunks of (hopefully) well-crafted prose is an agonising process nonetheless. On the other hand, unlike APA referencing, AGLC does allow me to avoid including in-text citations and instead rely on footnotes. This can be extremely advantageous as footnotes are generally excluded from the overall word count.

It may be a shock to law students, but if you plan on taking a business exam, expect to leave your notes outside the exam room! While the vast majority of law exams are open-book, this is rarely the case when it comes to business exams. In spite of this, I generally find my business exams easier as they tend to rely on demonstrating a general understanding of relevant theories and concepts. By contrast, a significant portion of marks in law exams are awarded for citing dozens of cases and specific sub-sections of legislation. This would be near-impossible without notes on-hand.

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L Card Matters

Q&A

What’s the L Card? The L Card is your unique Law Society Membership. Through L Card funding we’re able to bring you publications such as this one, networking opportunities as well as heaps of free events and student support initiatives. Although your L Card may look the same as your mate’s from UQ, you’ll need a QUTLS L Card to get all of these benefits. As an added cherry on top, all L Cards receive the same 195+ student deals at 235+ locations.

Where can I get this elusive card?

https://www.thelcard.com

It’s not hard to get, actually. There’s two ways – download the QPay app on your smartphone, or visit:

https://qutlslcard.getqpay.com Make sure you answer honestly! You don’t need to be a QUT student (or even a student) to become a QUTLS member. You or a friend can come and pick up your card. If you go with the latter route, remember to give them some proof that you authorise them to pick-up your card. Your membership number will do (or even a musical Snapchat). Can’t I just use last year’s L Card? You need to renew your membership every year. But don’t worry! We put all of your money back into bigger and better events for our everyone.

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Society Matters What are your office hours? We’ll be in our office for any questions, queries, merch or L Card pick-ups at the times indicated below: Tuesday

Wednesday

Thursday

Saturday

10 am – 12 pm 12 pm – 2 pm

10 am – 12 pm

12 pm – 2 pm

5:30 pm – 7:30 pm

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[QUT, Gardens Point, C402] Where’s Law Dinner going to be held? That is a secret revealed by tilting this page under the right conditions. Adjust your eye line if you can’t see it.

I’d like to be a part of the next Torts Illustrated, how can I submit my work? We haven’t announced the next edition’s theme but you’re more than welcome to email us at: publications.officer@qutlawsociety.com How can I connect with the QUTLS?

CONNECT WITH US facebook.com/qutlawsociety @qutlawsociety linkedin.com/company/quotals-inchttps://qutlawsociety.com

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