Hilarian Issue 1 2024 (A5)

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CONT TAYLAW SWIFT AND LIGGY 16 Isabella Penna 2024 INS AND OUTS 19 Netra Ramkumar DEFINITIVE RANKING OF UNI FOOTWEAR 20 Belle Watts MY PRONOUNS ARE U S A 22 Isabella Moore AGONY ALICE KUSH 18 Alice McKay Kush Goyal 12 14 ADVICE TO THE FIRST YEARS SEM 1 PLAYLISTMISPLACED CONFIDENCE Harry Edmonds Ekaterini Kountourogiannis THE STUDENT EDITORS’ WELCOME 6 PRESIDENT’S WELCOME Patricia Pappas 7 IN MEMORIAM 8 HILARIAN HEADLINES 9
ENTS AWARDS SEASON RECAP 32 Chris Mary INSIDE THE NOTES APP OF A LAW STUDENT 31 Holly Boswell REVIEW OF DOLLY ALDERTON’S GOOD MATERIAL 26 Isabella Moore I’M NOT ON COMMISSION, BUT BUY A CASIO 28 Josh Wilson THE PROCRASTINATOR THE SOUTH AUSTRALIAN VOICE TO PARLIAMENT 45 CAN I JUST IGNORE ANY TEXTS, EMAILS OR CALLS FROM MY BOSS NOW? 39 Dr Anna Olijnyk Dr Gabrielle Golding SHAKE IT OFF! NAVIGATING THE COMMERCIAL LAW MINEFIELD IN THE SWIFT TICKET SALES SAGA 36 CASE NOTE: NZYQ V MINISTER OF IMMIGRATION 42 Dr Mark Giancaspro Ekaterini Kountourogiannis THE LAWYER THE HILARIAN CROSSWORD 30 Belle Watts

A C K N O W L E D G E M E N T O F C O U N T R Y

Credit: Tjungkara Ken, Sandra Ken, Yaritji Young, Freda Brady, Maringka Tunkin, Pitjantjatjara people Seven Sisters 2018

EDITORS CHRIS

ISABELLA

JOSH

SUBCOMMITTEE

ALMA

BELLAROSE

EKATERINI

HARRY

HOLLY

ISABELLA

JENNIFER

KUSH

NETRA

ROSANA

SAMARA

SELINA

CROSSWORD ANSWERS
rollcredits
MARY
MOORE
WILSON
ONDIMU
WATTS
KOUNTOUROGIANNIS
EDMONDS
BOSWELL
PENNA
LAMB
GOYAL
RAMKUMAR
MARSHALL
DIXON
HAN CONTRIBUTIONS
ANNA OLIJNYK DR GABRIELLE GOLDING DR MARK GIANCASPRO ssorcA 3 - retsirraB 6 - ellE sdooW 8 - noitagitiL 9 - retalP 01 - laeppA nwoD 1 - smaxE 2 - noitalsigeL 4 - noitoM 5 - nairaliH 7 - angasaL
DR

Editor’sWelcome

Well folks, we did it. It was a tough campaign, but we defied all odds (an uncontested AULSS election season) and executed a hostile takeover of The Hilarian.

We have taken it upon ourselves to restore order to this prestigious establishment and bring you not one not two but (hopefully) four issues this year We will be keeping the same flawless format of the Student – dedicated to university life; the Procrastinator – quenching your boredom-induced thirst; and the Lawyer – where some important legal shit goes down.

As an institution committed to efficiency and the creation of shareholder value, The Hilarian (following the recent pay-gap report by the WEGA) will be saving an additional 12% on costs by hiring two female editors this year.

After advice from our brand consultant, The Hilarian’s Instagram is undergoing a major facelift this year, entering its Reputation era (rip our thumbs, lots of archiving). Make sure to follow @thehilarian for updates, the best meme content, Liggy confessions as you know and love them, plus general shit-posting. Who let us take over? We’re having too much fun with this.

This year, The Hilarian is going global (call us Mr Worldwide) with a foreign correspondent bringing us the hottest gossip from the Northern Hemisphere. Isab has left us for London innit, where she is “studying abroad” (Bachelors in Sinking Pints). Whilst the GMT to ACDT time zone is royally f-ed up, we’ve made Greenwich our bitch and brought to you a first issue that will satiate all of your high-brow literature needs. Our fabulous subcommittee have been working around the clock to churn out the magazine you hold in your hands right now. If you’re reading from your phone, go find a hardcopy. Its vintage.

So, feast your eyes and prop-a-gander at our first issue of The Hilarian for 2024. It is sure to impress, your law school street cred will d bl (b t 2 0 i till 0 ) d you’ll seem ever so cool and hip and trendy. You’r

Happy reading!

Isab, Josh and Chris xo

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President’s Welcome

Hello and welcome to the Hilarian Magazine!

My name is Patricia Pappas, and I am delighted to introduce myself as the President of the Adelaide University Law Student Society for 2024.

The Hilarian is the satirical magazine of the AULSS, written with the intention to showcase the law student experience in the most relatable way possible –and to help you procrastinate that interim assignment! Our witty, talented and hilarious editors, Josh, Chris and Isab, have worked hard to bring you an exciting new year of The Hilarian, full of your hottest takes, Liggy Confessions, important news and opinion pieces

So, you’re entering your first year, your final year, or anything in between. How do you actually enjoy it?

Come to Law Ball!! We can’t guarantee we will hold it at Adelaide Oval in the future, so make the most of it this year (Also doesn’t hurt that it’s an Open Bar!!)

Get involved!! Law School is so much harder alone and the best way to make friends is to meet people I have met some of my closest friends through AULSS events and initiatives.

Believe in yourself At the end of the day, you’re going through law school with so many people who are willing to support you. You’re eventually going to get that clerkship or that HD. You’ve done the work to get where you are, which means you’re fully capable of getting where you want You can do it and you will get there

The AULSS’s main goal this year is to create a positive and supportive culture within Adelaide Law School As such, we have a great year of events and initiatives designed to support you in your experience. We also have an open door policy in our office, so feel free to come by and have a chat! If you have any questions, ideas, or suggestions, please do not hesitate to reach out to me at president@aulss.org.

I can truly say I am excited to see what the Hilarian achieves this year, and I look forward to seeing you next!

Enjoy the first edition!

Best of luck, Patricia

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InMemoriam

rest in peace to...

BRAD BANDUCCI FORMER WOOLIES

AftergettinghisWooliesworthof sharerights(~$24million)Brad Banducciannouncedresignation followingadumpsterfire interviewwith60minutes.After nineyearsofheadingupthe company,heannounced retirementwithinaweekofhisPR masterclass.Likesoilingyourself atthefinishlineofamarathon, thejourneywaslongandarduous, butyouwillonlyberemembered fortheend.

LIGERTWOOD ELEVATOR

A legit accessibility nightmare. While it lifted us all emotionally and physically, its absence will feel wrong on many levels... what’s that? It’s fixed? Already!? Well, I’ll be damned. Nice.

(2 OF THE) 2023 HILARIAN EDITORS

After their two-year reign, Cerys and Ikhwan have been returned to their cryogenic chambers to rest, with their brain matter to be harvested for future issues. After much deliberation, we have decided to keep Kush for a bit longer.

GEN Z SAVINGS

Contributed to by $1000 T-Swizzle ticket packages and bedazzled cowboy boots never to be worn again. Zoomers entering their saving eras are having to cut back on sweet little treats for the time being.

LSS BANK ACCOUNT

It seems the previous administration’s champagne tower repayment plan was more catastrophic than anticipated. If the next issue of The Hilarian is printed on 3 ply, you’ll know why. Keep our funding in your prayers.

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HILARIAN HEADLINE

FIFTH-YEAR H

LIBRARY AFT

FINISHING W

THE DAY

ADELAIDE LAW REVIEW EDITOR MISSPELLS “JUDGEMENT”: Stubbs drops C-bomb in disgust

SPLENDOUR IN THE GRASS CANCELLED: Mark Giancaspro dissappointed not to perform PPSR rap

AULSS “MORE STRESS DAY” IN WORKS: volunteers remind students of rapidly indexing HECS and lack of future career if without clerkship

TWENTY-SIX-YEAR-OLD SEMINAR LEADER FIRST TIME TEACHING COURSE: Goated

ISSUE 1, APRIL 2024 09 NEWS

TheHilarianwouldliketotakeapagetothankour

sponsors
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The Student

Adviceto Adviceto FFirst irst Years Years

STEP 1: MYUNI & ACCESS ADELAIDE

The first and most crucial step in your law school careers is knowing how to login to your MyUni and Access Adelaide account. It’s important you download the Google-Authenticator app on your phone This is because no matter how many times you click “remember me” when signing in, MyUni refuses to remember you Whilst some may call this frustrating, it is an important safeguard against the frequent cyber-security breaches the University is subject to annually.

STEP 2: ORGANISATION

The next step is organising your enrolment and ‘pre-university’ tasks to set you up for a stress-free year! First, ensure that you have dropped all enrolments, including any in future study periods, otherwise you will incur the fees for any courses you remain enrolled in after the relevant census date(s). Hey, if we can keep that HECS debt as low as possible, why not, right?

See! Nothing to do here! 12

STEP 3: LEARN THE ADMIN!

I’m sure you’ve heard people say it before, lawyers are just glorified admin staff! Well, in some respects that is very true To assist in developing these important skills you should practice by filling out some fun forms. That brings us to Step 3! Start by filling out the Discontinuation of Studies form on the Adelaide Uni website. This form is for students who wish to discontinue their studies and withdraw completely from the University. It has the perfect structure for those considering studying law

STEP 4: EXPLORE NEW OPPORTUNITIES

Now that you have successfully unenrolled in law you are one step closer to completing my declassified guide to law school success! Take this time to pursue any other opportunity. Allow yourself to be taken as far away from the law school as YOU feel necessary Perhaps a trade would suit you Rely on the bank of mum and dad for a couple years and book a trip to Europe. Use those private school connections to land yourself a role at a multi-national business or real estate agency. Remember king, you don’t need a degree, just rely on that unfounded confidence and ORTC quarter zip your father passed on to you!

STEP 5: FEEL FREE TO HAVE A RANT WHEN YOU NEED IT

After five years of being mercilessly subject to power-point presentations that haven’t been reformatted since the 70s, high workloads and low grades, trudging through the asbestos filled Ligertwood building which resemble the hellish alleyways of Dickensian London, you will be rewarded with unpaid overtime, working weekends, pretentious partners, insolent co-workers, low pay and back pain. Before you know it, the profession will engulf your body and soul. A king-size margarita at Friday night drinks will be the only anaesthesia to combat your newly acquired perpetual state of limerence (or corporate Stockholm syndrome), sacrificing your social life and personal wellbeing on the altar of billables and teams’ meetings

…But you also get to tell people you’re a lawyer at family dinners and on dates and stuff so it balances out, couldn’t recommend this degree more!

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Q: Hi Kush, I’m a fifth year and my regular seat in the law library has been stolen by a first year. How do I go about this dispute? Do I assert my dominance or allow the newbies to establish their own seating arrangements?

K: This generation has gone soft. Do you think that the fifth years when you were a first year would have tolerated such insubordination? No way in hell. The law school is about two things and two things only. These are:

a) Wearing a suit to class so people know that you’re employed at a professional firm; and b) Maintaining a strict hierarchy between year levels.

Think about it – you haven’t braved countless hours of the Westlaw sign in page or attempted to learn whatever the hell an express trust is to get alpha’d by a Saints boy who thinks that they’re ahead in Foundations because they got an ‘A’ in Stage 2 Legal Studies. Get them off that table.

Q: I was wondering whether I should join the Ask Library staff? They seem pretty nice.

K: No comment.

Q: Hi Kush, long time reader, first time asker. Just wondering if you had any skincare tips? You always seem to be glowing!

K: Thanks so much! I personally recommend good genetics, as well as a nightly routine of cleanser, exfoliant, and a natural face mask.

Kush Kush

Q: I slept with someone in my tute after law ball last year and now we have to do our Consti group project together. What do I do?

K: You’ve fallen victim to one of the classic blunders. Something that every law student learns far too late is that the people you go through University with are the very same people that you’ll be working with- both in class and in the workforce. You have to learn how to navigate the awkwardness and get the job done. Think about it this way: you now have a wonderful story to talk about in job interviews when they ask you to talk about a time that you’ve had difficulties in working with someone! This is also fantastic training for when you inevitably do the exact same thing at the office Christmas party. Law school really does prepare us for all aspects of our careers!

Q: What do I do if I see my partner from work at a bar getting hammered? Do I engage?

K: This is basic psychology. The key here, as is the key to most things in life (see question 1), is asserting dominance. Your goal should be to make the partner feel uncomfortable for being at a bar frequented by you and your delinquent friends. There is no better way to career progression then by making your superiors feel, well, inferior (trust me, as someone who has never risen above the title of ‘law clerk’, I should know). The trick is to get just as, if not more, hammered than the partner. Don’t engage with them, just be loud enough so that you know that they will definitely notice you. Then they won’t be able to take their eyes off you and will immediately hold you in a new light. Bam. Dominance asserted. Thank me later.

*Anyunintendedconsequencesarisingfromfollowing(ornotfollowing)thisadvicearenottheresponsibilityof AliceMcKayKush
Goyalorbyextension,TheHilarianortheAULSS.
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Got a question for Kush? Scan the QR code below to submit for the next issue!

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TayLAWSwift TayLAWSwift andLiggy andLiggy

Having trouble picking your 2024 electives? Trying to suss out the vibes for the courses you MUST complete to get that degree? Have no fear fellow Liggy patrons! Taylaw Swift is here to help make your year in the Adelaide Uni Law School just as AMAZING as the Eras Tour experience May this article serve as conformation that Tay Tay has a song for everything.

International Humanitarian Law - The Great War ‘You drew up some good faith treaties ’ As Liggy veterans know (as our new recruits are yet to learn) our favourite international law expert, Dale Stephens, always notes that a crucial element of treaty interpretation is the principle of ‘good faith’. Honestly no need to worry about your exam notes when Miss Swift has provided us students with a 4-minute rundown of the whole course that you can memorise (Please do your exam notes! I’m not going to be held responsible for anyone getting a bad grade thanks!).

Media Law – I Forgot That You Existed

‘I forgot that you existed ’

No literally but who read the 2024 electives guide, saw Media Law and thought ‘WOW! This one has been out of circulation for a good while hey?’. Here to suggest that not many people were alone in that sentiment. Students, if you’re looking for a course that gets into topics like defamation, freedom of information and content regulation, this might be a winner Welcome back Media Law, it’s good to see you again!

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Medical Negligence Law – Bad Blood

‘Still got scars on my back from your knife’. If you’re still salty that the Med students didn’t acknowledge you at Suits and Scrubs (and Spanners now apparently), this course is your perfect chance to show those intellectual elites that law students really are the cream of the crop! Who would think that in room of future lawyers, doctors and engineers, the number geeks were more approachable? Not on anyone’s yearly bingo card for sure

Selected Issues in Criminal Law – No Body, No Crime

‘I think he did it, but I just can’t prove it’. This song quite literally starts with police sirens! What co convey the chaos and drama of criminal law more than th So, if you need extra motivation to finish that assignment show up to your seminars each week, this is the song to g you hyped for some legal crime investigation.

Family Law – We Are Never Ever Getting Back Together

‘We called it off again last night this time I’m telling you, I’m telling you… We are never ever ever getting back together’

Let’s be honest if we are talking divorce or relationship break ups you bet your bottom dollar that Taylor Swift has the perfect song for it It’s her forte! This song truly identifies the crux of this course – helping future clients have the confidence to make those tough decisions and get those settlements. You name the family drama and family law will cover it!

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this is me trying - Taylor Swift

please please please let me get what i want - The Dream Academy so far (it’s alright) - the 1975

Misplaced Misplaced Confidence Confidence

Asthelawschoolopensfor2024,EkateriniKountourogiannisputs togetheraplaylistthatexemplifiesthe“IpromiseI’mgoingtotakelaw schoolseriouslythisyear”energywebroughtto2024.Setasidesome timeinyourdaytoimmerseyourselfinsomeperfectlycuratedtuneswhile youkeeptellingyourselfthatyou’llbedoingallthereadingsandgoingto allthelectures(yeah,right).

keep
up -
confidence -
self care - Mac
your head
Djo
Ocean Alley
Miller
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2024 2024

‘‘insandouts’ insandouts’

Trends come and go, but Liggy is forever. Netra Ramkumar breaks down this year ’ s ‘ ins and outs ’ so you can stay ahead of the pack.

IN:

Doing the readings (sorry)

Functional bathrooms in the Ligertwood - war IS over!

Dr Peta Spyrou’s weekly wellbeing walks in lieu of therapy

Getting a little treat everyday, regardless of how much studying is achieved

Actually checking and adhering to the AGLC instead of referencing by vibe

OUT:

Instantly agreeing to go to events when you learn they’re open barnot even free mimosas can make the hangxiety worthwhile

Perpetually grieving St Raphs coffee like a hung-up ex

Doomscrolling through LinkedIn and watching your peers intern at the UN while you desperately look for any clerkship possible

Debilitating alcoholism

Job listings that are targeted to law students but want “at least 2 years of legal experience”

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ADefinitive RankingofUni StudentFootwear

0 10 10

Barefoot

This isn’t actually an option, I’ve just put it here so no one gets offended that their shoe choice is ranked last There are larger issues at play if anyone feels the need to be barefoot.

I hope it’s self-explanatory why this is only a step up from barefoot Thongs 11 10 10

3 3 10 10

Competitions aside, WHY are you wearing heels to uni??? Don’t get me wrong, you’re wearing them incredibly well but you cannot pretend to tell me that they’re comfortable. I know we‘re all grinding so we can get that great 9 to 5 and go be a boss in the corporate world but we’re not quite there yet so why would you want to ruin your feet before you have to? And the idea of someone tripping and falling down a flight of stairs in Liggy makes me scared

4 4 10 10

RM Williams

Look, we get it – you're a law and/or commerce student and you’re filling the status quo It’s okay, no judgement, but it’s also just not that ground-breaking or original.

5 5 10 10

Functional, comfortable, goes with pretty much every outfit Makes sense Only slightly more original than the RM Williams purely because you have to choose from a few brands in order to make the smallest statement known to humankind

0
Heels
Generic sneaker-esque shoe
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6 6 10 10

Birkenstocks

Summer season is (still) upon us after not really being there in summer (cheers climate change) so I understand the Birks right now. They’re easy, functional, comfortable and go with most outfits What I will not understand is if I see people wearing them around and about in winter (and I have). I’m not talking about a quick little Birks and socks moment to run an errand, I’m talking about genuine, no-fear-for-losing-toesdue-to-hypothermia, all out wearing Birks in the freezing cold.

8 8 10 10

Sambas

These have got their own ranking outside of sneaker-ish shoes because I feel like they’re the IT shoe of the moment Are they cool? Yes Do they have fun colours? Also yes. Will they eventually be replaced by a different shoe that influencers decide are more hip, hop and happening? Definitely yes But hey, for now I’m letting them have their moment because if I owned a pair they’d definitely be my go to shoe.

7 7 10 10

Docs

Some people are not going to agree with the placement of this ranking but I’m the author so I don’t care Docs are functional and comfy (once worn in - pro tip from a friend is 2nd hand ones don’t need wearing in) They’ve got cool colours They’ve got fun platform ones. They’ve got tall ones and short ones We can even include their sandals in this category if it will appease the masses Really, what more could you want

10 10 10 10

Crocs

Have I actually seen anyone around Liggy wearing Crocs yet? No. Would I really like to? Yes. I think it’s a bit of a power move, especially with some fun jibbitz accessories (I heard you can get little flashlights - full honesty I had to Google how to spell jibbitz). The Lightning McQueen ones would be a power move that I’m not sure everyone in Liggy is ready for Remember this as a pro-tip of you’re ever looking to intimidate someone in a competition.

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My Pronouns areU-S-A

Letters from Exile

In case you haven’t heard, I am on exchange in London I know, I’ve been pretty good at keeping it under wraps, especially if you follow me on Instagram/talked to me between the months of October and January/read the editors letter/generally been in my vicinity I digress

My university, Queen Mary University of London, hosts a smorgasbord of study abroad students from all over the world, and it's been incredible to meet so many new people, learn about their cultures, quirks, and legal systems, and generally immerse myself in the exchange experience. It has truly been a highlight of my trip so far Alas, I’ve found that a very, very large portion of fellow exchange students I have met are American From the US of A

You know those TikTok videos that make fun of American accents and how odd and jarring they can sound, kind of like you’re living in a perpetual Disney Channel show? Those videos are 100% accurate Midterms. Spring Break. Sororities. Dorms. Frats. You name it, I’ve heard about it and it’s all completely real This language is mildly hilarious to witness in person and is incredibly difficult not to mock.

I’ve had a few moments and conversations with my American peers that have left me shocked to say the very least. I thought I’d share some of these eye-opening discussions to give our readers a glimpse into life across the Pacific Disclaimer: I’m not here to shit on Americans I’m writing this for all our American readers, of which I’m sure there are droves. Remember what this magazine is about people! I write with an air of mere satire and observance! Proceed *

*NB the exception to everything in this article is my American friend Cat (see left) She is so incredibly clued up on Australia (read: knows that Adelaide exists), so she defies all of the broad generalisations I’m making here. Godspeed Cat.

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On our third night in the UK, Holly and I were playing beer pong with our newfound American pals Our general consensus so far was that a) Americans can’t name the capital city of Australia, and b) they cannot pronounce Melbourne, Canberra, or Brisbane to save their lives After reaching these predictable conclusions with our pong opponents, I said “I bet we could name all the states in the US though ” And that Holly and I did This was the beginning of us realising that Americans are extremely out of touch with reality and the world around them. Here are some highlights from my time in London so far:

General oblivion

Americans are largely oblivious to the fact that there is a world outside the US. Part of this is not their fault; their education system is so heavily built on American history that they actually haven’t been taught anything about what has occurred elsewhere. However, this failure of the schooling system has developed into a general cultural ignorance that carries through their whole ethos They don’t know who the Prime Minister of Australia is, but god knows they’re more than happy to roast Australia. One ‘joke’ that Holly and I have received: “Why are all Australian cities close to the water? Because there’s only so far you can stretch a ball and chain”. Incredibly rude. Also, untrue (South Australia was settled by good old fashioned colonisers, didn’t you know! That’s why we speak the Queen’s English)

Gun control

The big one The one thing that makes Americans generally self-aware but is still met with a weird air of nonchalance. “Oh yeah, there was a shooting at the school in my suburb last year” is something I’ve heard a handful of times from different people On the other hand, they complain that they’re sick of people bringing up the gun violence problem in America. Admittedly, one conversation between exchange students isn’t going to fix an epidemic that has plagued the country for decades But the blatant ignorance and almost laissez-faire attitude in which Americans discuss the issue is what gets to me They are so unaware of how much their country’s actions, namely in the political sphere, have such a profound impact on the rest of the world.

The agitating, grating voice I feel bad for our American buddies, because whenever we go out to eat, servers are less inclined to be nice to them due to their accent I recall one of our first nights in London Holly, I, and a bunch of Americans went out for dinner We were being slightly difficult (asking for table water, splitting the bill 6 ways), so much so that Holly and I had to take over all further interactions with the waiters because they were getting visibly annoyed whenever the Americans spoke to them. Sometimes I don’t blame them The American accent is so widely hated overseas It is harsh, overpowering, loud, unmistakable It pierces the airspace The irony of it all is that they find it hard to understand us Australians In fact, upon meeting any American whilst on exchange, they first think that I’m British They don’t exercise any critical thinking (nor do they let me say more than 5 words) before assuming I’m a Pom It isn’t until I chew on an overexaggerated “NAUUURRRRR” before they realise Imagine if I started assuming every American was Canadian Now that would rile them up.

So, I hope you’ve found some entertainment or some shock at my little anecdotes about our friends across the Pacific. But, the Americans that I’ve befriended since being over here are so lovely, they almost make you forget that these stereotypes exist That is until they start talking about the ‘Fall mixer’ or ‘Spring break’….

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The Procrastinator

AReviewofDolly Alderton’sGood Material

Rating: 4/5 stars

I am a die-hard Dolly Alderton fan. She is my blonde, British messiah. I have read all of her previous works (all of which have changed my HYYJHY

life in various ways) so I was bloody ecstatic when she announced her new fiction novel, Good Material. I promptly asked my brother to buy it for me for Christmas and have been working through it whilst on exchange. Now that I’ve finished it, boy do I have some thoughts. Please note that this review contains spoilers.

Good Material follows Andy, a thirty-something comedian, who has just been broken up with by his long term girlfriend, Jen. Naturally, Andy spirals. He wallows in his own self-pity, moves out of his shared flat with Jen, moves back in with his mum and gets outrageously drunk with his mates. All the usual suspects of a non-mutual breakup. Alderton takes us through the months following, where it seems like nothing is going Andy’s way. A failed talking stage through Instagram DMs which results in Andy getting blocked (rough I know). Career woes where Andy is shunned by audiences following a scathing review. A short (read: one weekend) stint living in a canal boat in London. To top it all off, dating an unbothered 23-year-old who claims everything he does is ‘cringe’. It is all utterly ludicrous —‘The Madness’ as coined by Andy’s mate Emery. Nonetheless, Alderton engulfs you in it. You could easily start and finish Good Material in a weekend if you have the will, grit and time (jealous). Alderton has mastered her voice that is equal parts hilarious, tender, contemplative, gut-wrenching, and warm.

Credit:AlexandraCameron HarpersBazarUK
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The opening pages of Good Material made my heart ache for Andy. He describes the first days of being single again, whilst reminiscing on meeting Jen and how they jelled so quickly. Alderton has crafted an unapologetically heartbroken man in a way that doesn’t reduce him to effeminacy; he is sensitive, unabashed in how much he loved Jen. Alderton doesn’t sugar coat Andy’s raw emotion. He is simply sad. I loved how Andy’s mates rallied around him in the months following the breakup. The depiction of quality and sincere male friendship shines in this novel, and what a welcome change it brings.

However, something I struggled with when I really got stuck into Good Material is that I found it increasingly harder to empathise with Andy. I had a lot of sympathy for him – he was broken up with, he didn’t see it coming, he was in love with Jen, he had some well-founded fears of being alone and bitchless at thirty-five. No matter how well Alderton wrote, I still struggled to feel bad for him in a way that made me root for him. I think that speaks to her message about heartbreak – it can unlock a very ugly, bitter, and resentful side to any person.

Alderton spends the first 295 pages of Good Material discussing Andy’s way of processing the breakup and in the last 45, the narrative voice shifts and we finally hear Jen’s side of the story. Turns out, shock horror, that Jen’s breaking up with Andy wasn’t a snap decision based off no merit. Her reasons are nuanced, heart-wrenching, so completely logical when laid out for the reader. The breakup makes so much sense that I felt myself completely switching to Team Jen, but I don’t know if I was ever on Team Andy. I couldn’t help but wonder, was Alderton trying to evoke this innate feeling of empathy that can only truly be engaged in and by women? How about towards women in shitty relationships? Driven, career-focused women? Women with men who are not as successful as them, forced to downplay their accomplishments to pander to fragile egos? Hearing Jen’s side of the story made me dislike Andy more, but I don’t know if that’s what Dolly wanted.

The titular moment comes in the novel’s final throws, when Andy meets up with Jen after she watches him perform his new comedy show based on their breakup. God knows why she would go, she’s stronger than me that’s for sure. I digress. The pair chat after the show, as Jen suggests that “some people write a letter” to their ex instead of publicly airing their breakup. To this Andy replies, “Why waste good material?”. Ouch! At the crux of it all, no matter how distraught his breakup left him, Andy needed to get that bag. Why waste the material that life handed him? All those months of wallowing had to manifest in something worthwhile. And I guess that’s what breakups are. Our experiences mould us into who we are, and we can capitalise on sharing them. Maybe we just need to respect the hustle that comes with the heartbreak.

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I’mnoton commission, butbuyaCasio

These past 2 years, I have accumulated a small collection of Casio digital watches for a fraction of the price of a luxury timepiece. If you, dear reader, have not lost your wrist-ginity, or wear a smartwatch, Casio represents a perfect niche in the watch market for you. When it comes to watches, like clothes or shoes, there can exist a disconnect between price and enjoyment. A watch does not have to be expensive to evoke a memory, complete your outfit or boost your confidence. Besides, not all of us have the budget for Harvey Spectre’s $300,000 Patek Philippe ref. 5004p (below).

Harvey’s Patek has a perpetual calendar function. i.e., it not only knows the day and date of every month, but it accounts for an extra day in February every four years. Pretty mind-blowing for some springs and gears, right

On the other hand, Quartz watches are battery powered and rely on a small quartz crystal that, when charged with a small electrical current, vibrates at 32,768 times a second This measures each second and makes the is yields a more accurate, lower vement Casio have been selling quartz nce 1974, and have now become ir reliability and functionality

Watches come in two main flavours: mechanica quartz (battery-powered). Mechanical watches re springs, gears and need to be wound to keep time W brilliant pieces of engineering, these watches are expensive to buy and expensive to run Below is the case back of Harvey’s mechanical Patek, showin breathtaking movement inside

endation for a do-anything Casio would unchanged since 1989 and incredibly b ng Obama

In 1978, Casio launched the G-Shock, a wildly popular family in the brand, renowned for toughness and functionality. Casio has skilfully portrayed the message that no matter whether you’re 50 Cent (pictured in court wearing his Casio G-Shock Mudman G-9300), or own 50 cents, there is a Casio for you.*

Casio famously displayed the durability of the G-Shock in 1983 by advertising an ice hockey player using the watch as a puck. Every watch collector needs a G-Shock, those are the rules. Drop every LexisNexis textbook you own onto it and it will still tell you the time.

ByJoshWilson 28
C
Credit:EuropeanWatchCompany
Obama: F91W ~$30 Credit:KevQuirk Harvey sp
this movement has more individual parts than a typical car engine *Theycostmorethan50cents
Patek Ph 5004p ~$3

Below is the A158, the F91W’s cousin with a dressier look, but the same features. Former Footballer Gerard Piqué is wearing his (despite owning watches from Patek Philippe and Audemars Piguet worth hundreds of thousands). Guaranteed to look the part on your Insta story next to an almond latte. Amortising the $50 it will cost you over the decade it will last (even longer if you change the battery), this watch is incredibly inexpensive. Girl-math it, buy it, wear it, you won’t regret it.

The Casio A500 has a unique feature where you can cycle through the time in different time zones. The mini map displayed in the top right lights up different parts of the world and gives you the time for that location. It even accounts for South Australia’s weird half-hour time zone. Great for that European exchange you’re going on.

Below is proof that Casio will still be used in the year 2122. The A100 is nicknamed the ‘Ripley’ because Sigourney Weaver wore one in Alien. One of Casio’s first releases and their first watch made entirely from resin back in 1976. The four different coloured buttons are for settings, light, calendar and stopwatch. products in one: calculators worn by Walter White (below), Marty McFly, Dwight Schrute and your Dad in 1989. Display the time on it or just write 58008 on the calculator and wear it around. Child.

Finally, this is my Casio W71-1V that was worn by my Great Grandfather He died when I was very young and I have heard so much about him from my family Wearing his watch makes me feel more connected to him The W71 was discontinued in the 2000s so I won’t be able to buy another one retail. It’s a bit scratched up but it still works and its sentimental value to me is far greater than any other watch I own. It might be a cliché, but I believe a Casio is more than a watch. It’s a statement, a slice of culture, a time machine I guess it could be said that the real Casio was the friends we made along the way

50 cent: g-9300 ~$250 gerard piqué: a158 ~$50 Casio a 500 (World time) ~$90 Ripley: a100 ~$100 heisenberg: ca53 ~$80 29 Credit:IBTimesUK Credit:MSN Credit:Casio Credit:Hodinkee Credit:Worn&Wound Cred i t : Casio Cred i t : Casio Credit:Casio Credit:AMC
Me: w71 Priceless (probably like $40 new)

TheHilarianCrossword TheHilarianCrossword

1-Boo!(Sorry,didn’tmeantoscareyou) 2-Act

4- oftheoceanorthesuninthesky (thinkHairspray)

5-Hilarious,innovative,witty-thelistgoeson todescribethisfantasticliterarywork

7-WhatImadefordinner

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Across
3-Iaskedsomeoneforalawwordandthisis whattheysaid
6-AGeminivegetarian 8-Takingyoutocourt 9-Aneruditelecturer
Down
10-Whatyoudowhenyoudon’tlikewhatthe firstcourtsaid
See ‘roll credits’ for answers - no cheating!
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AwardsSeason AwardsSeason Recap Recap

As a chronically online lover of TV and movies there is no better time in the year than awards season and this year surely did not disappoint.

We got off to a stumbling start with “comedian” Jo Koy hosting the Globes and delivering a monologue that can only be described as a flaming car crash – horrific to look at but also hard to look away from. Sure, some of it could be put up to a lack of preparation (hey he only had 10 days and team of writers to pull something together) but even then, it was mildly concerning how badly he bombed considering that being funny is quite literally his day job. It wasn’t just that he was shaky or that his delivery was bad, but many of the jokes were inappropriate and offensive, coloured with a tinge of misogyny. His lowest point in the night was a joke made about Barbie which highlighted the underlying themes of misogyny the film tackled – a point which almost entirely flew over Koy’s head. Now while this was probably the best spot for Koy to attempt a dignified exit, he instead opted to throwing his writers under the bus for his tasteless monologue and complete inability to deliver a good joke. Regardless, we do have to thank Koy for setting the bar for hosting so incredibly low that every other presenter smashed it through the roof.

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Credit: mike blake

Koy’s little mishap was soon forgotten as we hit the Emmy’s where Elton John finally became an EGOT!!!! My favourite show of the year, The Bear, swept at the Emmy’s but apparently the only thing on everyone’s mind was Jeremy Allen-White’s Calvin Klein campaign. I mean I get it, like really, I do but come on, you have an incredibly talented cast on the biggest night of their lives and all you can ask them about is their co-worker’s thirst traps??

Speaking of sweeps, it’s a good year to be me because all of my faves have been raking in the accolades this year. Succession, The Bear and Beef dominated the TV category while Oppenheimer, Barbie and Poor Things were front runners in the film category. It was also a massive year for Ireland, with the likes of Cillian Murphy, and the people’s princess, Ayo Edebri making their hometown proud.

No award season is complete without some notably unfair snubs and this year is no different. Both Past Lives and May December were left out of notable nomination categories. A real shocker considering how incredible both Greta Lee and Charles Melton were in their respective roles. To address the elephant in the room, Barbie didn’t perform quite as well as expected, with Greta Gerwig and Margot Robbie being left out of the Best Director and Best Actress categories numerous times. In a surprising turn of events, we have new graduate from the ‘Leo Dicaprio school of snubbery’. Bradley Cooper, despite spending 6 years training to be a conductor for Maestro, lost out to hat wearing, cigarsmoking Cillian Murphy. What must have obviously been a crushing loss for Bradley was certainly a win for the internet. It’s all right, at least he’s not alone, because joining him in the halls of snubbery is legal drama Better Call Saul, officially the most nominated show in history to not win an Emmy with 53 nominations.

There you have it folks, that brings us to the end of another momentous awards season. Considering the incredible line up of entertainment we’re expecting in 2024 I’m sure I'll be back again next year with even more iconic moments.

credit: KEVIN WINTER
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Credit: TVDB

THE LAWYER

Shakeit Shakeit Off! Off!

Navigating the commercial law minefield in the Swift ticket sales saga

OMG YOU GOT THEM! It only took five hours in the Ticketek queue, 38 timeouts, 16 mental breakdowns, three computers, a wasted workday, and a small loan to cover the exorbitant ticket price, flights, and accommodation. But you GOT them. The ticket confirmation is on screen, and you are seeing Taylor Swift. Good work.

If this is you, you can stop reading.

If instead, like thousands of others, you had a crack at the unofficial ticket market to see Taylor on tour, and you encountered issues with your tickets, this article is for you. From ticketing problems to bizarre venue entry requirements, you have here the lowdown on what your rights are in some sticky situations that your fellow Swifties may encounter (note: I am NOT a Swifty, Josh made me do this). You’ll also find some Swift songs throughout because, dear reader, anything’s better than a blank space

cREDIT: CASSSIDY
ARAIZA
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I bought a ticket but want/need to sell it. Can I charge whatever I want?

No, there are limits.

You can certainly resell your ticket—by the way, are you crazy?—but there are statutory rules governing resales. In South Australia, since 10 December 2018, section 37G of the Fair Trading Act 1987 (SA) prohibits the sale of a ticket to any person ‘for an amount that exceeds 110% of the original supply cost of the ticket’. The original supply cost is the original sale price excluding booking fees and other payment surcharges. The max penalties for breach are, in the case of a body corporate, $100,000, and in the case of a natural person, $20,000. There’s also an expiation fee: $550.

I unknowingly bought a fake ticket from a scammer! What can I do?

You can pray if you’re religious, or otherwise hope for the best.

In January this year, the National Anti-Scam Centre issued a warning about reports of scammers infiltrating social media accounts and selling fake Taylor Swift tickets to the hacked account’s friends list (see below for an example courtesy of the ACCC).

By February, Scamwatch had received 273 reports of people being scammed since tickets for the Eras Tour went on sale in June 2023. The losses totalled $135,000 but the unreported losses are undoubtedly far greater.

crEDIT: jOHN SHEARER

There are some exceptions under s 37J, such as where you are selling the ticket as a fundraiser for religious, educational, charitable, benevolent, or other socially beneficial purposes. Basically, a perfectly good heart will exculpate you. So, if yours is a personal sale, be careful – the regulators and law enforcement agencies frequently peruse online marketplaces for scalpers.

If you, poor foolish one, have been stung by a hoax, you should immediately notify your financial institution. Most major banks have policies to help you recover any money that has been unlawfully taken from your account and which you have promptly notified them about.

You’re far better off buying from authorised sellers or directly from contacts or trusted sources. It might cost you more, but it’ll still be less than the pain of being duped.

credit: imaturoedits 37

The promoter organising the tour said we cannot take our friendship bracelets into the venue if they’re on a keychain, they must be worn on the arm. I have 2,385 bracelets and they do not all fit on my arms. Can they do this?

Yes, they can.

Many Swifties lost their minds when the promoter of Taylor’s Eras Tour, Frontier Touring, issued a lengthy list of rules governing entry into her Sydney and Melbourne concerts. Namely, stipulating a limit on the famous friendship bracelets adorned by Swift and her devoted fanbase. The justification was that these items were safety hazards if thrown.

So, what’s the legal answer? Under contract law, a party can stipulate whatever terms of entry to an event that they like, provided those terms do not infringe the law (e.g. you cannot violate discrimination laws through a term in your agreement). The minute you sign up, you're agreeing to those terms, even if you haven't read them. That’s the famous rule in L'Estrange v F Graucob Ltd [1934] 2 KB 394.

‘WHAT ABOUT MY BRACELETS?!?!?!’, I hear you screech as sparks fly. It’s okay. The promoter backflipped and said fans could bring their bracelets in their single permitted carry bag within the size limits, but not in a separate bag. Now you can rock your bling like the superstar you are.

Alright, the term sticks. But what if it’s just unfair? Well, the Australian Consumer Law (‘ACL’) could help you out. Section 23 of the ACL states that unfair terms in standard form contracts are void. Contracts for the

sale of concert tickets count as contracts for ‘services’ as they relate to the use or enjoyment of facilities for amusement, entertainment, or recreation (see s 95A of the Competition and Consumer Act 2010 (Cth)). They will also invariably be standard form under ACL s 27.

It is hard to see how such terms can meet the unfairness test in ACL s 24. After all, the promoter would impose these terms to protect their legitimate interests (keeping patrons safe and ensuring they have an enjoyable experience at the concert), which would knock out ACL s 24(1)(b). It is also unclear how a concertgoer would suffer ‘detriment’ through these terms under ACL s 24(1)(c). If anything, they are benefited by ensuring they are kept safe from harm or disappointment. You might just have to tolerate it and bag your extra bracelets as instructed.

Clearly, Swift broke us and our banks, but many would say it was worth it. This article has answered some of the critical questions for those Swifties left aggrieved by the experience. Long story short, if and when Taylor returns, you’ll not be left to dwell on the bad blood between you and the ticketing agencies. Instead, you can just breathe and know you have the answers to ensure yours isn’t a cruel summer

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CanIjustignoreany CanIjustignoreany ttexts,emailsorcalls exts,emailsorcalls ffrommybossnow? rommybossnow?

Resident employment law expert Dr Gabrielle Golding explains Australia’ s new ‘right to disconnect’

From 26 August 2024, as a consequence of the Fair Work Amendment (Closing Loopholes No. 2) Act 2024 (Cth) (Amending Act), the Fair Work Act will have a new ‘right to disconnect’ contained under s 333M(1). That newly inserted section provides that: “An employee may refuse to monitor, read or respond to contact, or attempted contact, from an employer outside of the employee’s working hours unless the refusal is unreasonable.”

This same right of refusal also applies to contact from third parties (eg, clients or customers associated with your employment) (s 333M(2)). All Modern Awards, which provide for the minimum terms and conditions of employment on top of the National Employment Standards, and are based on one’s industry or occupation, must contain a right to disconnect term (ss 12, 149F). The right to disconnect will also become a protected right for the purposes of the Fair Work Act (s 333M(4)). For small businesses, the right is set to come into operation 12 months later, on 26 August 2025.

So, if the right to disconnect applies to you, outside your working hours, you will be able to legitimately refuse contact or attempted contact from your boss or a third party, so long as it is reasonable for you to do so.

There are all kinds of benefits associated with exercising the right to disconnect. You will maintain an appropriate work/private life boundary. You will avoid getting caught up in working unpaid overtime. You will lessen your likelihood of stress and burnout. Your employer also stands to benefit from the right—if you are disconnected, their duty of care will not need to extend outside your working hours, and hopefully you’ll also be more productive during your working hours!

S o u r c e : Q u e e n s l a n d s t a t e a r c h i v e s
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Who

will the laws apply to? Full-time, part-time, casual employees?

The new right to disconnect applies to all ‘national system’ employees covered by the Fair Work Act, which includes most Australian employees, save for those covered by their respective state-based workplace relations system (eg, those working in statebased public sector organisations, including local governments). Therefore, most Australian employees—whether they are full-time, part-time, or casual—will be able to exercise the right to disconnect. Also, if you happen to have a more beneficial right to disconnect in your employment contract or enterprise agreement, then you will be able to retain that existing right (s 333M(6)).

What about those who are rostered to be 'on call'? Are they offered the same protections?

If you are rostered to be ‘on call’ and are paid a suitable ‘on call’ allowance, then it would be considered reasonable for your employer to contact you whilst you are indeed ‘on call’. The right to disconnect would have no operation in that circumstance.

The Amending Act says that I can decline calls from my boss if it is unreasonable to answer outside my normal working hours. Who decides what is considered reasonable?

In certain situations, like during an emergency, an employer can reasonably contact an employee outside their working hours. For certain roles, some amount of afterhours contact may also be considered reasonable. Helpfully, the new s 333M(3) of the Fair Work Act sets out a range of factors that will assist in determining whether an employee’s refusal of contact by their employer or a third party is unreasonable, including:

the reason for the contact; the method of contact and the level of disruption it causes (eg, an email could be considered less disruptive than a phone call); whether the employee is paid to be available or is paid for additional hours worked; the nature of the role and the level of responsibility held by the employee; and the employees’ personal circumstances, including family or caring responsibilities.

Exemptions may also apply for matters relating to Australia’s defence, national security, or an Australian Federal Police operation (ss 333S, 333T).

Therefore, if seeking to exercise the right to disconnect, you must be able to demonstrate that a request to monitor, read or respond to after-hours communication is unreasonable.

s o u r c e : m a r i a s m i t h
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How will the laws be enforced? Who bears the onus of proof? Is there a complaints or dispute resolution mechanism that will be available?

In terms of enforcement, an employee or employer may raise a dispute regarding contact or attempted contact under s 333M(1) or (2) (s 333N(1)). So, if you feel that a request to monitor, read, or respond to an after-hours communication would be unreasonable in your circumstances, you must first discuss the matter with your employer, and will bear the onus of proving that the request was unreasonable. Conversely, your employer can raise a dispute, suggesting that your refusal was unreasonable, and would instead bear the onus of proving unreasonableness on your part.

In the event of a dispute, a discussion must first occur at the workplace level to try and resolve it (s 333N(2)). I would anticipate that most disputes would be resolved at this early stage. However, if the dispute is not resolved at the workplace level, then an employee or employer can make an application to the Fair Work Commission (FWC) for a ‘stop order’ (s 333N(3)), and they may or may not be permitted representation when doing so (s 333N(4)). The FWC must then deal with the application for a stop order in accordance with certain protocol (s 333P). The FWC also has the power to deal with the dispute in other ways it considers appropriate (eg, through conciliation and arbitration) (s 333V). If made, a stop order must not be contravened (s 333Q). If it is, then a civil remedy under the Fair Work Act may be applied.

The final thing I would add is that there have been a lot of myths flying around in the media about the right to disconnect not being suitable for the legal profession. We have seen time and time again that, in fact, the legal profession is in dire need of a right to disconnect. Overwhelming stress, burnout, and undue pressure to perform work at all hours are not akin to acting in a client’s best interests, or indeed in one’s own best interests, should you be seeking to maintain a long, happy, and healthy career in the law. Refusing to disconnect does not mean you will ‘get ahead’. It means the opposite.

Life is for living, and your work is but a part of your life not the whole of it.

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NZYQvMinisterof NZYQvMinisterof IImmigration mmigration

That one case you were told to read about and never did in Principles of Public Law just got set aside: what does it mean for Australia moving forward, and is law school even worth it if the stuff we need to memorise is rendered obsolete? (I mean seriously, does the High Court even care about our textbooks resale value?)

What did Al-Kateb v Godwin & Ors do?

The case of Al-Kateb v Godwin & Ors concerned the appellant, Ahmed Al-Kateb, a stateless Palestinian man who was born in Kuwait to Palestinian parents. Despite being born in Kuwait and residing there long term, Al-Kateb was not afforded Kuwait citizenship, nor permanent residency. Al-Kateb arrived in Australia in 2000 without a visa or a passport and was held in immigration detention, with his attempts at receiving a protection visa refused, and the decision upheld by both the Refugee Review Tribunal and the Federal Court. Despite Al-Kateb requesting he be removed from Australia and be returned to either Gaza or Kuwait, neither country would accept him, and as such he was declared stateless and detained under mandatory detention.

Following multiple appeals of the decision to continue to hold Al-Kateb in mandatory detention, his case made it to the High Court. The respondents were named as all members of the Government of Australia, with the first named respondent being Deputy Secretary of the Department for Immigration, Multicultural and Indigenous Affairs; Philippa Godwin.

The question before the court was whether Al-Kateb’s continued detention was lawful, and in its determinations the court considered two things; did the Migration Act 1958 (Cth) allow a person in a situation such as Al-Kateb to be indefinitely detained, and if the legislation allowed it, was it also permissible under the Australian Constitution?

With a 4:3 majority, it was held that the Act permitted indefinite detention of stateless persons, as it read that unlawful non-citizens of Australia are to be removed ‘as soon as reasonably practicable’. In the interpretation of ‘reasonably practicable’, McHugh J went so far as to say that the language had required the indefinite detention of Al-Kateb, as ‘reasonably practicable’ “did not mean that the detention … is limited to a maximum period expiring when it is impracticable to remove or deport the person”.

CASE NOTE: 42

Further, it was held that the indefinite detention of stateless persons under the Migration Act 1958 (Cth) was not in contravention of Chapter III of the Australian Constitution, as the detention itself was not punitive in character, with McHugh J stating that “as long as the purpose of the detention is to make the alien available for deportation or to prevent the alien from entering Australia … the detention is nonpunitive”. Therefore, the indefinite detention of stateless persons for the purposes of immigration did not infringe on the recognised power vested only in the judiciary to impose punitive detention.

Consequentially, indefinite detention was held to be lawful, and as such, Al-Kateb was lawfully held in immigration detention until he was granted a bridging visa in 2005.

How did NZYQ v Minister for Immigration change this?

NZYQ v Minister for Immigration related to a Rohingya man from Myanmar, who had migrated to Australia by boat in 2012 and was granted a bridging visa in 2014, before being charged with a child sexual offence and having his visa cancelled by the Australian Government. The unnamed man plead guilty for the offence and was imprisoned, being released on parole in 2018 and was immediately detained as his visa had been revoked.

As the man, known only to the public as NZYQ, was a refugee, the Australia Government was unable to deport him back to Myanmar. Therefore, NZYQ was held in mandatory detention for 5 years as an individual with no prospects of deportation.

The High Court was faced with the question of whether the indefinite detention of NZYQ was considered lawful. In the High Court’s determination, NZYQ’s statelessness as a refugee and an individual not recognised as ‘belonging’ to Myanmar were considered.

In the end, the High Court unanimously held that indefinite detention of stateless persons is considered unlawful, as there was “no real prospect” of NZYQ’s deportation from Australia “becoming practicable in the reasonably foreseeable future”. This was as NZYQ was not recognised as an individual ‘belonging’ to Myanmar, and as no other country would accept him, his removal from Australia was unrealistic and his detention was unlawful. The courts unanimously recognised that there are limits on the powers of the Ministers to detain people in immigration detention and recognised the strict separation of powers between the 3 branches of government (judiciary, legislature and executive) had been overstepped by the executive’s indefinite detention of stateless persons. As the detention of these stateless persons was recognised by the executive to be indefinite, the detention cannot be reasonably seen as legitimately connected to an immigration purpose (the purpose being an individual pending removal from Australia).

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This overturned the belief of non-punitive indefinite detention as established in AlKateb v Godwin & Ors, and instead held that detention is considered punitive and as such can only be imposed by the courts. It was also held that henceforth the burden to establish that those held in immigration detention are held legitimately falls to the Government, not the detainee.

Such a ruling meant that the 20-year precedent established in the case of Al-Kateb v Godwin & Ors was to be set aside, and all stateless persons being held under indefinite detention were to be released.

What does this mean moving forward?

As a result of the new ruling, visas were issued to 149 stateless persons that had been held in immigration detention and have now been released into the Australian public. As noted by the High Court in NZYQ v Minister for Immigration, this release from unlawful detention “is not to be equated with a grant of right to remain in Australia”. The visas issued to the recently released persons have strict conditions attached to them, including being required to wear ankle-tracking devices and adhere to curfews. Following their release, several detainees have since been arrested for breaching such visa conditions.

This does not mean that every individual being held in immigration detention must be released as a result of the ruling in NZYQ v Minister for Immigration. The government retains the ability to hold individuals in immigration detention for temporary periods of time, so long as they can establish that the detention is legitimately connected to the specific purpose of either visa processing or preparation for deportation.

Prime Minister Anthony Albanese has framed ‘community safety’ as a priority, with Government intending on rolling out a monthly report detailing the statuses of the immigration detainees in an attempt to ease the public’s concerns.

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Credit: greg brave

TheSouth AustralianVoice toParliament

in conversation with Dr Anna Olijynk

In 2023, the South Australian First Nations Voice to Parliament was established in an effort to implement the Uluru Statement from the Hear –Voice, Treaty and Truth. The SA First Nations Voice will be a representative, elected body for Aboriginal and Torres Strait Islander people set up to advise the Government and Parliament of South Australia about matters of interest to First Nations people. We sat down with Dr Anna Olijnyk to discuss the impacts of SA First Nations Voice and the upcoming elections.

What is the structure of the state and local voices?

South Australia has been divided into six regions, and what has happened recently is the elections for the local voices for each of those regions. Each region has seven elected members except for the central region of Adelaide which will have eleven members. Each of those local voices will elect two presiding members who will become members of the State First Nations Voice. They will sit on the local voices, and they will be hearing from their community and from the other members of their local voice and then they'll be feeding those views and information into the state voice.

Where did this model come from?

The South Australian Government appointed Dale Agius as the Commissioner for the First Nations Voice a few years ago and he conducted a series of consultations all around the state went out to communities with high First Nations populations and discussed the structure of the voice with them. He then created a report and a draft bill which were released for consultation and there was then a second round of consulting with communities about the issue of regions in particular, which is how they settled on the six regions.

Do you think SA’s Voice will affect other States decisions whether to implement similar legislative bodies?

One of the key advantages of Federalism is that the states can work like laboratories as areas of experimentation. There's no doubt that the other States will be watching South Australia and seeing if this works if this would be a good idea to adopt elsewhere and it’s certainly a possibility that this idea might catch on. Of course, one big difference between South Australian voice and the proposed Commonwealth voice is that this is a lrg

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legislative body which means it can be abolished at any stage if parliament thinks that that's a good idea so it's got that vulnerability the constitutional voice wouldn't have. Which is quite handy when you've got a body whose role involves for taking the government yes if your existence depends on the government liking you there's a bit of a structural weakness there so a lot of the success of the voice would depend on how it's embraced by the South Australian people if it's seen as something that's too valuable to abolish, that will give it greater permanence.

What will the First Nations Voice be able to have their say on in State Parliament?

The First Nations Voice will be able to talk to both the Parliament and the Executive Government. To the Parliament, the Voice will be able to give an annual report and address to a joint sitting of both Houses of Parliament. In addition, the Voice will be able to address the Parliament on any bill that is brought before Parliament. So, any new potential law in addition the Voice can provide a written report for parliament about anything that's a matter of interest First Nations people. Finally, the Voice will be able to provide either a verbal or written report if requested to do so by either House of Parliament which is an opportunity to provide views on other things as they come up during the year.

Also, there will be two meetings with the South Australian cabinet and the Voice each year, at least two briefings with the chief executives of public service departments per year, and then an annual engagement hearing in which the members of the voice will be able to ask questions of relevant ministers and also chief executives of the departments about their operations relevant to First Nations people. So, a few contact points with both the executive and legislative branches.

What are the potential benefits of such a body?

This goes back to the other dialogues that led to the Uluru Statement which emphasised that First Nations people will felt that they weren't being heard by governments or that the government wasn’t going into communities to get information on potential policies. The aim of the Voice therefore is to create a better line of communication from community to government which should result in more accurate information and more effective policies.

I think it's important to remember that this is not a quick fix. The SA Voice will be under a lot of scrutiny because of the political climate which is really quite unfair. We cant expect the voice to be a complete solution to issues faced by first nation communities as they are the results of very deep and long term factors that are complex and institutional. The voice also only has the power to speak, its effectiveness is determined by whether governments will listen. Therefore, it is important to remember to have realistic expectations when assessing the Voice’s performance.

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