The Hilarian Issue 1 - 2022

A PUBLICATION OF THE AULSS

THE

ISSUE 1, SEMESTER 1 2O22

HILARIAN0 ADELAIDE UNIVERSITY LAW SCHOOL’S THIRD-MOST RELIABLE NEWS SOURCE

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EXPERIENCES OF AN OFFSHORE INTERNATIONAL UNI STUDENT writes Thomas Paul

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HOROSCOPES, discover the legal field best suited to your personality

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RESTAURANT REVIEWS The Hilarian editorial team takes it upon themselves to do the hard task of reviewing two of Adelaide’s popular restaurants.

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THE ELECTION THROUGH A LEGAL LENS Alex Dorrington delves into past election campaigns to compare promises to reality.

acknowledgement of country The team behind The Hilarian would like the acknowledge that the land the Adelaide University Law School is on... is the traditional lands of the Kaurna people, and that we respect their spiritual relationship with their Country.

We also acknowledge the Kaurna people as the traditional custodians of the Adelaide region and that their cultural and heritage beliefs are still as important to the living Kaurna people today.

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WANT TO JOIN US? Need a reason to procrastinate? Apply for a position on our subcommittee via the QR code, or follow the instructions below to submit your content to The Hilarian Magazine for publication in the next edition!

THE HILARIAN IS CALLING FOR CASUAL SUBMISSIONS FOR ISSUE 2! IF YOU LOVE WRITING, SKETCHING, PHOTOGRAPHY OR MAKING JOKES ABOUT LIGGY LIFE, PLEASE SEND IN YOUR CONTENT! CONTACT US ON FACEBOOK OR INSTAGRAM, OR VIA HILARIAN@AULSS.ORG Prompt ideas include cafe or restaurant reviews, tributes to celebrities or observations on campus life. Comparisons between courses, or a really good playlist.

General advice to First Years (or any years for that matter, we’re all equally lost on the social laws at the Ligertwood).

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NEW YEARS UNI RESOLUTIONS Kush Goyal & Ikhwan Fazli

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SHORT STORY: THE PAISLEY SNAIL Christina Akele

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SINCERE APOLOGY LETTERS Edwina Page

CONTENTS 6

EDITORS’ WELCOME

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PRESIDENT’S WELCOME Chelsea Chieng

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UPCOMING CAMPUS EVENTS Kush Goyal & Ikhwan Fazli

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IN MEMORIAM Kush Goyal

the procrastinator

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LETTERS TO THE EDITOR

IMPORTANT NEWS HEADLINES

the student

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EXPERIENCES OF AN OFFSHORE INTERNATIONAL STUDENT Thomas Paul

PLAYLISTS Netra Ramkumar

HOROSCOPES Bhoomika Trivedi & Belle Watts

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ENTERTAINMENT GUIDE Christina Akele

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RESTAURANT REVIEWS: SUPER BUENO & BBQ CITY Ikhwan Fazli & Cerys Davies

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CROSSWORD Belle Watts

the lawyer

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THROUGH A LEGAL LENS Alexander Dorrington

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A BUNCH OF WEIRD LAWS Rafik Gad

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CELEBRITY CASES: NOVAX JOKERVIC Netra Ramkumar

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WATERSHED: THE DEATH OF DR. DUNCAN Tim Reeves

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HOW VERY GRAPHIC Michail Ivanov

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EDITORS’ WELCOME WELCOME TO THE HILARIAN 2022. WE’VE GOT A PRETTY EXCITING YEAR PLANNED AHEAD FOR OUR FOUR EDITIONS, BUT TO BEGIN WITH WE’D LOVE TO INTRODUCE THE TEAM BEHIND IT ALL.

Kush is our editor for all things procrastination, compiling compelling articles on tips and tricks to help students avoid their towering workload. You’ll typically find Kush ensconced in his natural habitat – the Law Library basement – annoying everyone who’s not actively avoiding him, and/or bullying his brain cells into playing mindless video games on his laptop, instead of actually starting that Equity assignment. Obviously, Kush will be an invaluable addition to our team.

Cerys is our creative lead, responsible for turning ugly articles into Pinterest-worthy layouts through her use of ‘negative space’ and ‘contrast photography,’ whatever those are. You’ll know that Cerys is at the Ligertwood on a Thursday (the only day she deigns to

come) by her trademark over-dressing; any snide remarks on her outfits are appreciated. A Cantonese-Welsh Francophile, Cerys is sure to add some much-needed je ne sais quois to the magazine.

Ikhwan is a super-sophisticated, buttonup-shirt-wearing, scholarship-winning Malaysian student, and he’s somehow always a full assignment-and-a-half ahead.

As a newly ordained occasional vegan, Ikhwan enjoys using his tried and tested air fryer on tofu, chickpeas and chicken wings. Partial to mentioning his private school education in Belgium at any given opportunity, and maybe even a little of his embassy upbringing in Singapore at times, he adds a touch of international pretentiousness to the Hilarian and its social media pages this year.

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For this year’s Hilarian we’ll be dividing our magazine into three segments so that we can really appeal to all parts of the student body. The Student will contain content on general life as a student, like online law school from an offshore international student's perspective, new year’s uni resolutions and apology letters to our much-beleaguered professors. The Procrastinator is our time-wasting segment, featuring restaurant reviews, Spotify playlists, entertainment guides and horoscopes; it is specifically designed to help you spend money and time on avoiding your coursework. Finally, The Lawyer contains legal news and events, including coverage of the recent state election and legal perspectives on the Russia-Ukraine fiasco, sans our usual attempts at satire or slapstick.

CREDITS: EDITORS Ikhwan Fazli Cerys Davies Kush Goyal COVER ART Photo by Joel Jasmin Forestbird

LIGERTWOOD PROCRASTINATION LEGALLYBLONDE TORTS UNIBAR TEXTBOOK WAYVILLE MENSREA AGLC LAWBALL

CONTRIBUTIONS FROM Alan Abraham, Christina Akele, Alexander Dorrington, Rafik Gad, Edwina Page, Thomas Paul, Netra Ramkumar, Bhoomika Trivedi and Belle Watts

XWORD ANSWERS:

GRAPHIC DESIGN Cerys Davies

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President’s Welcome

BY CHELSEA CHIENG

Dear Law Students, If you don’t already know me, my name is Chelsea Chieng and I am the President of the Adelaide University Law Students’ Society.

Welcome to the Hilarian magazine, the most relatable depiction of the Law School experience that will guide you through your many years of study!

Brought to you by the talented and hardworking Hilarian editors, Cerys Davies, Kush Goyal and Ikhwan Fazli, the Hilarian brings the news to the people, offers insightful opinion pieces, and tackles the hard issues; lamenting lecturers, what to wear to law ball and your Liggy love confessions.

We encourage you to join in on the fun and submit an article – it’s a worthwhile way to help the magazine while justifiably procrastinating your interim assignment!

My top 3 tips for law students: 1.GO TO LAW BALL: shameless plug but its open bar and need I say more?

2.GET INVOLVED: what you put in is truly what you get out of it, so make the most of your time here!

3.DON’T SWEAT THE SMALL STUFF: law school can be stressful at times, but remember, we live on a floating rock ;)

My mission for the year is to make the law school a positive and welcoming environment. The AULSS always has an open-door policy, so feel free to pop in, heat up your lunch and have a chat with myself and the team!

If you ever have any questions or concerns, or just want to chat – feel free to email me at president@aulss.org. I look forward to seeing you all around campus, and of course, at the AULSS events!

Yours sincerely, Chelsea Chieng xoxo

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Letters to the Editors Are you perennially expecting disappointment on a daily basis? Do you also need some advice about Law School life and have a question in mind? If you satisfy these criteria, then please email us your queries at Hilarian@aulss.org.

Dear Editors, Do you have any tips on good places to study around the Law School? I’m an anxious first year student who hasn’t really had the time yet to explore good spots around campus. For next term, I definitely want to be more involved with the rest of my peers.

Thanks, Barney

Dear Barney, Our top three study spots are [redacted], [redacted] and [redacted]. By the way, we redacted that ourselves. Good luck taking our study spots from us. It’s taken us three years to find these spots and we aren’t giving them up to irritating First Years who want to cut corners. You’ll have to take these ‘tips’ from our cold, dead hands.

Regards, The Hilarian Editorial Team

Dear Editors, I’m a huge fan of Legally Blonde and am currently looking for more law-related shows to check out. What would you guys recommend?

Best regards, Finnegan Dear Finnegan, Do check out page 28 for Christina’s mustwatch list of movies, documentaries and tv shows for law students! Otherwise, we’ve also heard that Suits is pretty good— it’s a bit underground though. Maybe you could check out Married at First Sight Season 9 for some good old family law fun.

Regards, The Hilarian Editorial Team

Dear Editors, I really want to apply for clerkship roles but honestly, I’m pretty scared of getting rejected. My thirst for the mind-numbing 9-5 office routine lifestyle is yet to be quenched but I just don’t have a clue on which of the established and yet forward-looking local law firms to check out.

Regards, Scarlet Dear Scarlet, We completely understand your fear of rejection given that less than 3% of your cohort will find jobs in law (according to our very legitimate sources in the trenches). We can only suggest that you drop out of law immediately, and leave all the clerkships opportunities to us, weakling.

Regards, Hilarian Editorial Team (with slightly better employment prospects).

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HILARIAN HEADLINES https://www.aulss.org/the-hilarian ISSUE 1

(Heart)BREAKING: First Year Confidently Queues up for Career Fair

Adelaide University’s Law School Building Ligertwood displays model use of pebbledash as a method of smoothing structural wrinkles.

Survey Shows Ligertwood Building Just as ‘Aesthetically Pleasing’ As It Was in 1967 Mature Age Student Asks Relevant Question in Seminar

Faculty-General Convenes at University: Moot Court Oath Taken

Prospect of Nuclear War Exciting News for Aspiring Defence Industry Consultant

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THE

STUDENT Everything related to life as a student, including experiences and resolutions, stories and important things to remember that are integral to studying law at Adelaide University.

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Thomas Paul

THE EXPERIENCE OF AN OFFSHORE INTERNATIONAL STUDENT March 4, 1:00 AMIt’s a warm night on Dubai’s streets.

What seems to feel like an entry into a timid journal is a first-year law student’s dream to have all the tricks up his sleeve to turn into Alan Shore, or better yet, Harvey Specter. I hear the Suits theme in the back of my head as I analyse the first chapter of Laying Down the Law. All this information on the history of the common law? I’m sure that’ll be useful. Whatever be the case, I thought of myself as someone who’d like to be infamous at the Liggy for being a dastardly good barrister.

10 minutes into the first Zoom session with Stubbsy and I have come to realize that everyone apparently has the same goal— it’s either that or maybe they don’t talk about it as much as I think about it.

March 11, 3:00 AM Everyone picked up on a case analysis as a layman law-student with inferences that I couldn’t even gather. Analysing

Keating already?! It’s like a standard hit and run being analysed from angles I couldn’t even see myself in. What was the ratio? I can’t read beyond 15 pages of this first chapter. Doubt creeps in and the only conclusion I have come to is that I never set realistic goals for myself. Apparently one week in law school has changed me from the guy who wants to win cases to the guy who just wants to get through a singular chapter of this book without nodding off. Maybe it’s because I’m not physically in the law school? Or maybe it’s too tough to get through all these readings on a screen because it hurts my eyes, which my body keeps reminding me should have been shut many hours ago.

March 11, 4:00 AM It is now 4 AM and time for me to join another online seminar. The rest of my house is quiet, and the streets outside are eerily empty. As I try to pull up my Foundations notes, I find myself craving some sort of proper classroom atmosphere. I look at the SAGov site to remind myself that I’m not going to step into Adelaide anytime soon and that I need to focus on what is in front of me.

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Soon enough I click on the zoom link and my family is now up and there are cars on the road.

I resort to music and looking up the readings and other materials to not remain anxious of my survival in these prestigious halls albeit through a computer screen. After some sensible planning my timetable now tells me to sleep at 6:00 pm so that I don’t lose my sanity. It’s already my fourth cup of coffee; soon I’ll realise that Red Bulls are a commodity worth resorting to.

March 31, 3:00 AMI celebrate a quiet and subtle Birthday morning.

A present is left on my study table, and even though I know it’s a hopeless dream part of me hopes that it’s a letter from the law school saying I can have a week to myself to recuperate. After 3 cups of coffee and a semi-entertaining case summary reading, my morale has picked up. Soon enough however tort law assignments crowd my headspace and my desk. Hopefully I can pull this off. All the tabs that were neatly arranged on my browser are now astray. I don’t know how everyone feels about this, but it’s so frigging hard to switch from tab to tab picking up information, trying to find a case that actually matches the legal principle that I hope I didn’t make up. As part of an attempted productivity drive, sticky notes are now all over my wall with reminders. I remain excited but also unsure of how exactly I will get through this year. A month into my first year, a few other offshore friends and I have resorted to texting each other in class- just to remind each other that one of us looks like they’re falling asleep on camera.

The fact that each of us must be up at ungodly hours just to attend these classes has created a sort of camaraderie spirit between us.

Watching Suits doesn’t help anymore, and all my

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John Grisham books have collected layers of dust sitting on my shelf. I’ve always wanted to do this, but it feels so disheartening when I realise how my social life is going to the dogs. It’s weird how law is such a socially responsible and engaging field and the only person I talk to about it with some real time response is me.

April 12, 4:00 AM, Dinner with my family has gone out the window along with social gatherings, parties and the semi-weekly games of basketball.

Eventually what used to be a good day out with friends has turned into a bunch of half-assed phone calls where everyone sighs at my work ethic and sleep schedule.

“I say this with every fibre in my being, this pandemic has been the worst possible way to enjoy my university life” After a bunch of video calls and obligatory “good-lucks”, I go out for a walk. Weirdly enough the early morning April spring breeze and stray cats give me a different perspective of my situation. I suppose I can hold on and hang on to the edge of my seat, while hopefully doing my best to ace the semester without worrying about things I can’t control.

turn into scholarly rivalries. Fingers crossed. (Although that does sound fun, though). Cut forward to the end of the semester and there are rumours about new travel arrangements for international students. I say this with every fibre in my being, this pandemic has been the worst possible way to enjoy my university life. Sitting 7000 miles away, waking up at 1 AM, just for me to fall asleep 2 hours later as Stubbsy explains Statutory Interpretation.

June 11, 3:00 AMExams. I’m going to stop right there.

June 21, 6:00 AMNow that I’m at the end of the semester I can help but breathe this big sigh of relief. I turn to newspapers everyday hoping to see if ScoMo has finally made the decision to open borders to students overseas. The first half of 2021 went by so quickly I can barely remember a significant day in law school online. But I won’t forget the kindness of all the professors and mentors who understood our situation- I guess I would like to say that their positivity helped me push through.

Cue the Suits theme.

May 18, 5:00 AMI see images of law school parties and moot court events that flood my Instagram feed. I wonder what it’s like going to those things while balancing law school? I guess I can say I made a few friends- hopefully they don’t

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Kush & Ikhwan share their New Year’s Resolutions for 2022

1. Attend lectures in person 2. Attend all seminars 3. Go to more AULSS events 4. Moderate creeping coffee addiction 5. Keep up with note-taking (must install One Note or Notion?)

6. Make new friends 7. Must not hook up with anyone from the law school 8. Make sure that examiners can read my handwriting 9. Get a clerkship 10. Have my parents say they’re proud of me.

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THE PA I S L E Y S N A I L A SHORT STORY BY CHRISTINA AKELE

Based on a true story... I am a snail; a mollusc; an organism whose life is perhaps as inconsequential as it is, well, slow. My life would not be marked by anything significant, and neither would my death – at least so it would appear. I had dreams, dreams that people would talk about me for years to come – that I would go on living; being kept alive by my story.

I hear that the place I live in is called ‘Scotland’. Others call it ‘Paisley’. I’m starting to think that ‘Paisley’ is in ‘Scotland.’ You see, a snail never knows where it is or where it is going; only that it is going. Going somewhere. But overall, the life of a snail would seem directionless – we are merely observers. And one’s interest in a snail is momentary and fleeting.

One day, lethargic from the futile task of exploring a tree, and finding myself occupied by a grey, existential cloud hanging over my head, I decided to rest upon an automobile and cling to its roof – out of sight from the human eye. I retreated into my shell and hoped that I would be transported to another world. I dozed off… “the fault…is not in our stars, but in ourselves, that we are underlings” – I had heard that from somewhere.

Some human – probably feeling pretentious – articulated it emphatically to her friend in a shrill voice. For some bizarre reason it resonated with me in that moment. Oh yes, it was that café! Where I used to retreat to my shell and surreptitiously cling underneath the tables – listening to friends debate, gossip, show-off their knowledge…

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The next day, I woke to a cold, crisp dawn and descended from the roof of the car. That kept me occupied for a few hours. As I reached the ground, I noticed the dew sitting perfectly like fragile, transparent gemstones on the patches of thick green grass. The blades of grass were so long that they nearly reached my eye-line. I went about my mundane quotidian day, trekking through the tangles of grass, dreading life’s interminable cycle. And yet, I felt like Sisyphus pushing the boulder up a hill, only for it to roll down again. I had heard that story from the café too. As I continued my journey, my eyes became drawn to an immense building, a factory, perhaps? Curious about what could possibly be stored in what appeared to be a warehouse, I sluggishly dragged myself towards the building – knowing full well the hours it would take. After a few hours, I reached the foot of the door and watched the few workers sporadically walk in and out of the building – carrying what appeared to be crates: my ticket. In that moment, I made my way to a crate left by the door and hid in my shell, patiently waiting.

How long I waited in the darkness, I do not know. As I felt the crate moving, being lifted up from the ground, I anxiously waited to see and explore the insides of the factory. The crate hit the floor. Stillness. I looked around carefully as I slid out of my shell. Rows of glass bottles. The smell of ginger beer – a familiar scent to me.

Days went by. Each day, I came closer and closer to the rows of bottles being filled with the beer and packaged away. The bottles read the following: D.-S-T-E-V-E-N-S-O-N G-L-E-N L-A-N-E P-A-I-S-L-E-Y. I knew this sign. I knew the arrangement of letters. I would see these words spread over bottles at the café I ‘frequented’. After a considerable amount of time, I came close to a bottle lined up with an immeasurable number of ones just like it, waiting to be filled with beer.

Without thought – like a snail does – I climbed right to the top of it. What happened next is a blur. How it all happened – I do not know, but I felt myself falling down the opening and into the dark, opaque bottle. For what appeared to be an eternity, imprisoned in the lifeless bottle, and choked by fear, I felt myself floating – higher and higher. Ginger beer. Ginger beer rising higher and higher. I became engulfed in a deafening silence, floating through a dark, abysmal space. I knew that the final curtain of my life was drawing to a close. The last thing I could do was retreat into my shell in one final act of resign. The last thing I could smell was the pungent smell of ginger beer.

My fateful end was not in vain, I should think. Someone will find me when they consume the contents of this bottle. Someone will be responsible for my tragedy. But I will be forgotten. But please do me a favour: when you think of the duty to your neighbour, perhaps you will think of me?

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To my Foundations tutor, Giuseppe I’m sorry for the blank stares during class, thank you for giving me a chance.

I’m sorry for asking the same question 15 different ways, and I’m sorry for never knowing what to say.

I’m sorry for leaving zoom classes when you said breakout room, I couldn’t handle the impending doom.

I’m sorry for not doing the readings, I really didn’t think they were that important.

I’m sorry for not taking notes, I never knew what to quote.

Love From

Edwina Page Seminar 01, Semester 1 2020.

Three chairs in from the door.

My Sincere Apologies...

To Stubbsy Honestly, I’m just sad I never got to hold the microphone box.

I loved the fear it stuck in my heart.

Will I say the wrong thing? Will my computer die in the process?

I was absolutely shocked by the throw you had! My god! It wasn’t your first rodeo.

I just honestly feel bad for the first years who will never experience the wrath of your microphone box.

Love From

Edwina Page You’d literally have no idea who I am. I only went to one lecture.

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The average Adelaide Uni Law School student has a hectic schedule. Here are all the upcoming important dates for you to keep track of, or forget immediately.

upcoming events

26 APRIL 26, 2022

Dueling Club opening ceremony, hosted by professors Gilderoy Lockhart and Dale Stephens.

02 05 08 MAY 8, 2022

2 MAY 2022

5 MAY 2022

Eid Ul-Fitr

Orotlan Hunting Workshop

Mother’s Day

12 16 25 12 MAY 2022

16 MAY 2022

Annual Alex Jones Appreciation Day

Biannual Cadaver Re-Enactment

MAY 25, 2022

Synod

Trial

Obi Wan Kenobi Release Date

28 29 31

28 MAY 2022

AULSS Law Ball. Start planning the fits, the pres and the punch, it’ll come up a lot sooner than you think. (FYI Mecca is already sold out for makeup all day).

29 MAY 2022

Pro-Fox Hunting Rally at Colombo Plan Alumni Court

31 MAY 2022

James Crawford Remembrance Day

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IN MEMORIAM

By Kush Goyal

Betty White Snatched away 17 days shy of her hundredth birthday, there is nothing we can say about Betty White that has not already been said. What a shit start to the year.

Will Smith(‘s Career) after slapping poor Chris Rock onstage at the Oscars, on live TV. Smith hasn’t slapped anything like that since the crash-landed alien in Independence Day. He then went back onstage to collect his Best Actor award and apologised to everyone except Rock. Ouch. I still can’t tell whether this was a joke or not.

Taylor Hawkins Continuing the tradition of Dave Grohl’s long haired blonde music friends dying, the Foo Fighter’s Taylor Hawkins died with ‘10 drugs in his system’. Still, he was one heck of a drummer.

Dame Roma Mitchell The first female judge in Australia, and the first female governor of South Australia, Dame Roma Mitchell was also the chancellor of the University of Adelaide. If only we had a lawyer as the chancellor now, we could petition for the removal of Equity as a subject.

Constance A. Constitution Born in 1900, Constance is 122 years old. Surely she’s dead by now. What’s that?

She’s still alive?! It is the biggest tragedy in human history that she outlived Betty White.

Shane Warne RIP Warney, the overweight elite athlete who smoked, drank, slept with Elizabeth Hurley and was one of the greatest to hold a cricket ball.

Peace & Quiet in the Law Library Do you remember the days when you could go to the library and study in complete, beautiful silence? Yeah, me neither, but it’s still annoying when self-entitled law students disrupt everyone’s study. Apart from when me and my friends do it.

My chances of getting a clerkship As I add my most recent rejection to the pile that now dwarfs the size of my self-esteem, I consult Daddy one last time to make sure that he has no lawyer friends or connections that I haven’t already burned through. Although, I suppose that something can’t be dead if it was never really alive.

P.S: We really wish we could include COVID-19 on this list of recent deaths but, much like my inability to understand trusts, the damn thing just isn’t going anywhere. So rest in peace to being able to go to a nightclub and paying an entrance fee of 7 days in isolation.

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THE

P R O C R A S T I N AT O R Everything you need to help you actively avoid doing your work. Playlists, Style Inspo, Horoscopes and Crosswords, Entertainment Guides and Restaurant Reviews (both cheap eats and slightly more spenny).

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hilarian 2k22 study playlist

N E T R A ’ S P L AY L I S T F O R A R E L A X I N G S T U DY ( O R S PA ) S E S S I O N.

LUDOVICO EINAUDI Nuvole Bianche

CLAUDE DEBUSSY Reverie

DAFT PUNK

Outlands, from TRON legacy

JOE HISAISHI

The Flower Garden (from ‘Howl’s Moving Castle’)

SCAN THE QR CODE TO ACCESS THE PLAYLIST

ALEXANDRE DESPLAT The Imitation Game

FRANZ SCHUBERT Serenade

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BY BHOOMIKA TRIVEDI & BELLE WATTS

HOROSCOPES

what legal field are you based on your star sign?

AQUARIUS (JAN 20 – FEB 18)

PISCES (FEB 19 – MARCH 20)

ARIES (MARCH 21 – APRIL 19)

TAURUS (APRIL 20 – MAY 20)

You’re not like a regular lawyer, you’re a cool lawyer!

You love the showbiz and the glamour that comes with it. That is why you can easily make your way in as an Entertainment lawyer. Who knows- the next time Kim Kardashian hears “you're doing amazing sweetie” might be from you as she signs through her contracts. You are independent, clever and hard-working, hence for you, ‘the limit does not exist.’

You’re a fire sign. Bold. Dynamic. Loud. No stranger to a little hard work and ambition and no fear of a little competition. This will set you up well in the cutthroat world of Corporate Law. You’ll make sure that you work your way to the top and you won’t be afraid of doing some hard (dirty?) work to get there.

You are the perfect combination of Jenna Rink and Mowgli. As weird as it sounds, it’s true. Those dreamy eyes find solace in the lap of Mother Nature.

You want the wind to gently caress your hair while you run through lavender fields. Just as you take the first few steps into the land of your dreams, thud! A fresh can of red bull trips you over and all that’s heard next is a blaring shriek of anger. Hence, water, baby!

Environment law is the way to go.

A lover of peace, you’re an easy, chilled out, content being. You hate fights.... until you see someone being deprived of their rights. The mighty bull then wakes up, with blinders on and ears red hot steaming, charges towards whatever hinders its path towards providing justice. Whilst you pray to Goddess Clooney almost every morning for strength, you often fail to realize that your stubborn go-getter personality might actually be your golden ticket to becoming the Greatest Human Rights lawyer there ever was.

So, watch out all picadors, ‘Cause, (T.N.T.) I’m dynamite’ 23

GEMINI (MAY 21 – JUNE 20)

CANCER (JUNE 21 – JULY 22)

LEO (JULY 23 – AUGUST 22)

VIRGO (AUGUST 23 – SEP 22)

Ever heard of the saying curiosity killed the cat? Well, ignore it, because you’re not a cat. But you are curious. You’re an air sign that loves to have as many pursuits as possible. You may even have considered cloning yourself at one point to let yourself get everything done. Where else would your curiosity be satisfied other than the final frontier, debating laws amongst the stars? You’re bound to enjoy using some of that curiosity in your Space Law work.

Don’t lie, you love the drama. Roll out the red carpet.

You’re passionate and fiery (quite literally) (fire sign).

Someone as infamously dramatic as you couldn’t pass up the opportunity to live out your real life How to Get Away With Murder moment in none other than the Criminal Law field. Whether you’re going to be fighting crime or helping some innocent mobsters out, you’re going to be strutting your stuff in the courtroom and soaking up every teeny bit of media attention.

As a nurturer, you are highly intuitive and compassionate. You have the ability to claw your way into your client’s heart and give them the comfort they crave for. In an ideal world, you would want to heal every broken relationship but as a protective lawyer you will give your clients interest the utmost priority.

That is why you will do wonders as a Family lawyer.

You’re logical, practical and systematic. A little bit (a lot) of a perfectionist definitely shines through in your Earth sign personality. Your gentle and protective nature will serve you well protecting those who need a little bit of extra care and can’t afford to miss the details. Hopefully you love your work in Health Law and if you don’t you can just switch it up and become a doctor yourself.

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LIBRA (SEPT 23 – OCT 22)

SCORPIO (OCT 23 – NOV 21)

SAGITTARIUS (NOV 22 – DEC 21)

CAPRICORN (DEC 22 – JAN 19)

You’re an air sign who is incredibly fair minded and diplomatic. You’re certainly in the right place with your degree choice. Unfortunately, word on the street is that you can’t make a decision to save your life. Let’s save you some of that decision making and let you know that you should become an International lawyer. You will do great standing on the shoulders of giants and bringing harmony to people regardless of borders and oceans.

You always want to know as much as possible. Chasing as many different pursuits and skills as you can possibly manage. Blazing the way forward like the fire sign that you are. Knowledge is important to you which is why you will want to work in the area of Intellectual Property Law. Protecting other people’s knowledge will give you almost as much satisfaction as learning it yourself. Except of course now you’ve got the inside scoop so you can.

You are known to be good at examining the darker side of life. As a fierce person, you are not afraid of being involved in complex matters and are always ready to dive deeper into the unknown. With excellent research skills and a powerful persona, you will be great at handling end of life affairs as an Estate Planning lawyer.

Do you remind others of Captain von Trapp? I bet you do. Your sheer grit and resilience make you one of a kind. You are regimented and like to take the rockier path to success. No wonder you are G.O.A.T (literally and metaphorically). Loyal, hardworking, honest and sometimes cold, you will leave no stones unturned as a Military lawyer.

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Christina Akele’s

ENTERTAINMENT GUIDE This Issue’s Must-Watch List of Movies, Documentaries and TV Shows: Handpicked for Law Students Hello fellow law students! What would a Hilarian magazine be without a recommendation list of films, movies and documentaries chosen especially for law students? Unlike previous issues, I thought I’d kick off this year’s recommendations with a theme: feminism. That’s right, each recommendation today explores the complex lives and stories of brave and determined women and their encounters with the law. So, without further ado, let’s get started!

#1 On the Basis of Sex (2018) and RBG (2018) If you’ve read my articles before, you will know that I have already recommended this movie and documentary based on the life of the former Supreme Court Justice Ruth Bader Ginsburg. But seeing that this issue’s theme has a feminist twist, I just could not resist including something on this true feminist icon and esteemed, legendary figure in the legal world. If you are interested in reading one of my summaries on On the Basis of Sex, you can find it in Issue 3 of last year, whereas you can find the summary on RBG in Issue 2.

#2 Erin Brockovich (2000) This Academy-Award Winning film, based on a true story, explores the work of single-mother and legal clerk Erin Brockovich (played compellingly by Julia Roberts in an Oscar-Winning performance), who, along with lawyer Ed Masry (Albert Finney), takes legal action against major company Pacific Gas & Electric Company (PG&E). The film follows Brockovich’s persistent and thorough work in investigating how PG&E were responsible for the contamination of the Hinkley groundwater with a toxic carcinogenic chemical, leading to many of Hinkley’s residents to suffer serious health implications as a result.

Roberts does an excellent job in portraying Brockovich’s tireless efforts to seek justice for the plaintiffs affected by this contamination, demonstrating the importance of persistence in the face of adversity – no matter how intimidating.

This film is sure to inspire confidence in any law student – and it is also a mustwatch for law students with a particular interest in health and the environment!

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#4 Inventing Anna (2022) I would be surprised if you haven’t already heard of this show. For those who are aware of the premise, you may be asking why it fits with this issue’s theme. Some may know exactly why this dramatized Shonda Rhimes Netflix production has found a spot on this list. While the ‘protagonist’ (if she can be called that), Anna Delvey (Julia Garner), is certainly a conflicting figure, there is no doubt that the show highlights the complexity and often difficulties women face in the professional world. On top of that, the show also explores the perspectives and experiences of other women involved, particularly the journalist Vivian Kent (Anna Chlumsky), who relentlessly pursues the story – all while pregnant – despite initial pushback from her superiors.

So, what is this show all about? Based on a true story (you might be noticing another trend here), the show depicts the story of Russian-born German con-artist (or failed entrepreneur?) Anna Delvey (also known as Anna Sorokin) who scammed the wealthy of New York by convincing them that she was #3 Mrs America (2020) If I am being completely honest, I only just started this miniseries, but after watching the first few episodes, I believe that it deserves a spot on this issue’s list – especially given the theme. This show explores – as the show itself states – ‘the political struggle and debate over the Equal Rights Amendment’ in America. The show depicts two sides of this struggle and debate: a group of women staunchly opposed the ERA, led by the rather paradoxical conservatist Phyllis Schlafly (Cate Blanchett), and the incredible, inspiring second-wave feminists, including Gloria Steinem (played by Rose Byrne), advocating for the ratification of the amendment.

With complex, nuanced portrayals of the women on both sides of the debate by a powerhouse cast, this show depicts the realities of misogyny in the 1970s – but may also reveal something about inequalities experienced by women to this day.

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a German heiress with a trust fund that allowed her to maintain her ostentatious, opulent lifestyle. The show essentially moves between scenes between journalists interviewing Anna at Rikers Prison, her lawyer and former friends, and Anna’s temporary luxurious lifestyle, depicting her vague claims to wealth and her unwavering belief in her business venture: the Anna Delvey Foundation.

If you get past Anna’s ambiguous accent – which further highlights the enigma that is Anna Delvey – law students may appreciate this new show, particularly when it

and tirelessly fighting for things like gender equality and LGBT rights. She is also famous in the United States for her use of the media as a lawyer – which has at times been considered controversial. However, this documentary demonstrates her persistent, admirable and successful efforts to raise awareness for her clients and the causes she believes in.

Further, the documentary highlights some of her high-profile cases such as her work representing the women accusing Bill Cosby of sexual assault, and the family of Nicole Brown Simpson during the OJ Simpson trial. Overall, the documentary conveys how Allred has played a pivotal role as a feminist lawyer, especially in her ongoing representation of women, and advocacy for women’s rights over the years. This documentary is a must-watch!

refers to anything remotely law-related. #5 Seeing Allred (2018) I happened to stumble across this documentary that explores the life of famous American lawyer Gloria Allred on Netflix. While she may not be as well-known in Australia as she is the US, this documentary is still an interesting watch – especially for those interested in the advocacy of women’s rights. For those who are less familiar with Allred, she is a generally lauded attorney known for representing survivors of sexual assault

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$$

SUPER BUENO RESTAURANT REVIEW

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By Ikhwan Fazli

W E D N E S D AY N I G H TS AT SUPER BUENO SUPERBUENO OFFERS A COMPACT MENU OF AUTHENTIC AND DELICIOUS EUROPEAN DISHES WITHOUT BREAKING THE BANK. Ratings: A M B I E N C E 9 / 1 0 T A S T E 8 / 1 0 COST 7/10 (10 BEING HELLA $$$)

DIVERSITY 6/10 SERVICE 10/10

As the local dining scene continues to rebound after a tumultuous period brought about by the pandemic, we’ve been seeing a range of new cafes and restaurants opening across Adelaide in the past two years. Most of these are worthy additions to South Australia’s existing pantheon of bougie food— but only a few can stand out while still appealing to those of us on a (student’s) budget. The latter is definitely the case for Super Bueno, which proudly doubles up as both a pasta and wine bar.

Having been recommended it numerous times, we at the Hilarian team opted to try out Super Bueno’s Wednesday-specific ‘Super Special’ $15 pasta menu.

We ordered the Rigatoni with Veal Ragu, Spaghetti with Caponata and some Garlic Bread on the side.

The pasta itself was quite delicious (especially given the competitive pricing)— but the main draw for us was definitely the fun and vibrant atmosphere of the restaurant and the lovely service by the staff. Those of

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you looking for something to take the edge off after work or assignments may also appreciate the $10 Aperol Spritz and $15 Espresso Martinis that SuperBueno generously offers.

Super Bueno’s proximity to the Courts also makes it a great place to ‘coincidentally’ bump into a few lawyers and ask them for industry tips. Our sources on the ground tell us that Thomson Geer himself frequents the halls of Super Bueno for Friday after-work drinks.

In summary, if you find yourself in need of a good feed on a Wednesday Night, you should definitely check out SuperBueno and its reliable and yet affordable selection.

/ Photos by Annie Zhang and Cerys Davies

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Created using the Crossword Maker on TheTeachersCorner.net

Horizontal 4. proof that you did actually commit a crime :( 6. mamma mia!

10. the place to get a bevragino or 5 after a busy day studying 11. bend and snap! this movie is an OG

Horizontal 4. proof that you did actually commit a crime :( 6. mamma mia!

10. the place to get a bevragino or 5 after a busy day studying 11. bend and snap! this movie is an OG

Answers next to Credits

Vertical 1. ~guiltymind~ 2. what this crossword is allowing you to do right now 3. the little blue book of wonder 5. see you there at the end of the semester Created using thenegligence, Crossword Maker on TheTeachersCorner.net 7. battery, assault, Maeghan Vertical 8. a horrid thing that eats everyone's money 1.the ~guiltymind~ 9. holy ground 2. what this crossword is allowing you to do right now 3. the little blue book of wonder 5. see you there at the end of the semester 7. battery, assault, negligence, Maeghan 8. a horrid thing that eats everyone's money 9. the holy ground

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$

CHEAP E ATS I N CHINA TOWN

BBQ CITY O N G O U G E R STREET IS THE IDEAL PLACE FOR A QUICK LUNCH BETWEEN LECTURES, OR A LATE NIGHT DINNER WITH FRIENDS. FOR NEW-COMERS, DON’T BE SCARED BY THE MINIMALIST DECOR IT’S DEFINITELY A PLACE TO EAT YOUR FOOD, NOT INSTAGRAM IT.

Ratings: AMBIENCE 8/10 TASTE 9/10 DIVERSITY 6/10 COST 7/10 SERVICE 5/10

One of many longstanding family restaurants on Adelaide’s Chinatown strip (Gouger Street), BBQ City is the ideal place to go for classic Cantonese comfort food. It’s the kind of place where the laminated menus haven’t changed since it opened, and recurring customers don’t even look at it before ordering.

The Ambience is quintessential example of the open late, inner-urban Chinese barbeque. It doesn’t have the vibe of a cool restaurant plucked from Fitzroy in Melbourne - but it doesn’t need it either. It has a very authentic and honest atmosphere, and around lunch or dinner time there is always a bustle, and often a crowd queuing for take-away which makes up for the lack of mood music with a nice busy atmosphere. The food itself is excellent, but given the cuisine, quite heavy. It’s the classic definition of comfort food. There aren’t any salads or 34 lighter options on the menu so it’s space

definitely a place to practice moderation (or just visit with a large group and share).

Highly (highly) recommend the salt & pepper eggplant or tofu, and the combination fried noodles. It’s not the best place for tricky diets however - really easy for vegetarians and relatively okay for gluten free (does make ordering dishes to share more complicated however) but if you’re vegan I’m really sorry just enjoy your steamed rice, it’s not the best for you. There’s a strategy for the prices here, like a formula; one dish for one person is cheap, upwards from $10.

Multiple dishes for two people suddenly becomes relatively expensive (like $20 p.p.)

Multiple dishes for multiple people (more than two) is cheap however, when you split the bill (which can’t be done at the counter unfortunately, there’s an ATM by the Central Market carpark otherwise transfer!) As for service, it’s not bad - but it’s not good either. The serving staff are all nice, but it’s like the restaurant version of Zara.

They’re there to make things function, not to spend ages at the table lovingly introducing each dish. It’s a definite goto for a fast and really filling meal, casual place to visit with groups and in my opinion, the best won ton noodle soup to be found in Adelaide.

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Everything the modern Liggy Law Student needs to know about their future profession. We’ve compiled content from our wonderful professors, have examined some genuinely bizarre pieces of legislation and looked at the most recent legal news.

the lawyer

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THROUGH A LEGAL LENS:

A summary of state electoral promises from 2018 to 2022 to impress your favourite “theory-oriented” lecturers Alex Dorrington

Only a few weeks ago, scores of first to third year Law students plagued polling booths all around Adelaide’s eastern suburbs to submit, for the very first time, their vote.

With this election came a wave of political policies, the bulk of which were based on the polar opposite of the other party’s proposals. We understand that it can get a little confusing for all you voting-virgins hopelessly looking at the State election for analogies to course content that you can stockpile and slip into an essay on Constitutional Law to impress Cornelia.

The Hilarian (as always) has you covered, and, in the spirit of student solidarity, we’ve compiled all the major policies of note from the respective campaigns into one place, so you can memorise with ease and subtly mention Malinauskas’ promise for the re-expansion of the Labour Hire Licensing Act 2017 (SA) to cover all industries in conversation with Andrew Stewart (we promise this was written before he posted an announcement about this exact thing), and the pledged $2 million victim support fund to Kelly.

The list goes on – there’s nobody that won’t be impressed by your political-legal knowledge.

Besides all the funding-humbug, there’s some of what some would call “real legislative action” being promised.

We’ve assembled a list of legislative promises announced by all “major” parties in the lead-up to the state election.

Feel free to forward this article to Labour’s leader Peter Malinauskus to remind him about his promise to recognise recreational fishing as a sport (yes, it’s real).

The most applicable and exciting legislation for (more than just) the budding socialites in Ligertwood is the upcoming expiry of the emergency powers given to State officials by the Emergency Management Act 2004 (SA). The Police Commissioner, Grant Stevens, is the ‘co-ordinator’ for COVID-19 restrictions in the State, and has flagged that he may have made his last application for a 28-day extension in time for an expiry in April. The authorities have already changed close contact and isolation rules, additionally flagging the removal of mask mandates just in time for those Easter-benders.

For those of you who’ve taken isolation a bit too seriously recently (and haven’t read a single news article in the last two years), the expiry of the emergency powers means that

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all COVID-19 related restrictions which not already relaxed will lapse entirely – mostly because the Government will lose the ability to enforce them. This will include an end to government vaccine mandates, but retains the possibility for private enforcement under the Public Health Act or other avenues (Cornelia will be all over a heads of power question for vaccination mandates after the expiry of emergency powers). But for the regular student, this means one thing, and one thing only; the return to town - and with it, our basic human rights to dance to the same five songs or to drink vertically – but much to the dismay of law and med students alike, inside vaping may never be allowed.

Andrew Stuart must be ecstatic this year: finally getting the opportunity to see Labor fulfil its promise to criminalise industrial manslaughter, wage theft, and child labour exploitation (as it also promised last election). Labor seems to have ditched its’ promise from last election to implement a minimum working age in South Australia. Despite that caveat, beware (definitely not an obvious McAnalogy): you’re breeding a whole generation of teenagers for an ex-Hilarian-writer’s class-action lawsuit for wage theft, and it could be backed by some McJail time now, considering that Labor has followed that promise to criminalise wage theft right up to their election victory. After thinking they escaped it last election cycle, it’s possible that more wage theft cases will pop up in law of work in the next few years. Next year and beyond, law of work students will be on their own for wage-theft seminar questions.

Peter Malinauskas has promised to pass legislation immediately that would force Funds SA (the public investment manager and public servant superannuation fund) to retract any state government funds from Russian and Russian-related assets. Obvious moral brownie points aside, it may bring another unwelcome surge in petrol prices so it might be best to leave the Volkswagon Golf or the Suzuki Swift at home and test out public transport until Putin gives up. Whilst it’s not exactly clear what such legislation would look like, we’re sure that every lecturer looking to be hip will include a slide on it at some point for your viewing pleasure.

Even though your likely lack of a merit in mathematics probably prompted you to pursue Law over straight Commerce or Business, you still can’t avoid numbers; donation figures became a point of contention after another Labor promise to ban state election donations. Funnily enough, the pledge includes Unions alongside business and individual donations, which is typically Labor’s largest source of income. Under Part 13A of the Electoral Act 1985 (SA) the current donation scheme requires a separate account for election donations as well as declarations to the Electoral Commission for donations over $5310.

The Labor promise follows a string of victorious incumbent government promises to tighten government transparency, like the Liberals did with whistle-blower protection in 2018.

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But who knows how many of these exciting legislative promises will come to fruition? Will the victors treat many of their smaller promises like a law student treats a 5pm quiz at 4.58pm? But, in the context of a new government and a recent election we thought it would be beneficial to remember the previous election, and compare the policies proposed with the policies passed. Casting our minds back to high school, before half of us had the opportunity to vote, the election that welcomed South Australia’s first Liberal government since 1997 introduced a range of legislation from criminal matters to employment issues.

Criminal Law students from 2018 are bound to remember a few extra slides on the changes promised by SA Best and Labor to criminal penalties. Labor promised to pass an Act which would create a ‘public child sex offenders register’, as well as presumably amending the Criminal Law Consolidation Act (SA) (everyone’s favourite piece of 300-page legislation) to increase penalties for paedophiles. Having lost that election, Labor once again promised harsher penalties for paedophiles this cycle. In a rare bipartisan display,

“Casting our

minds back to high school, before half of us had the opportunity to vote”

both Liberal and Labor also pledged to create a 24/7 service which would allow individuals to legally enquire into the domestic-violence history of a partner. This doesn’t seem to have come to fruition, and there’s little explicit mention of it in Labor policy this cycle.

Whilst even the most astute political-analyst-protégé Hilarian writer could never have predicted that Marshall’s term in office would witness record-breaking fires, floods, fruit fly infestations or the small matter of a pandemic in our even smaller state, we wanted to compare what

was promised, with what was done. In his early-bird concession speech to the public, streamed from a pub’s smoking area (in true South Aussie style) Steven Marshall said he was ‘proud of his government’s achievements.’ Marshall’s Liberal Government certainly delivered on a few of its’ more notable promises: abolition of the payroll tax for struggling SA businesses (which became even more relevant with the onset of COVID) and the reopening of the Repat Hospital, complete with surgical theatres. Additionally, they delivered on their promise to decriminalise whistle-blowing with the Public Interest Disclosure Act 2018 (SA). If you know what subject this is relevant to, please let us know in time for our own South Australian Edward Snowden, so we can make some relevant jokes on day one. A few more notable of their legally-tinted election promises were shelved after the election for various practical reasons, however, including the controversial push to deregulate shopping hours by amending the Shop Trading Hours Act 1977 (SA).

Another big one was a promise to cap council-rates.

They carried it to the 2014 and 2018 elections, and formed a large part of the rhetoric. A delivery on the policy undoubtedly would have won the Liberals more support this election, especially in the Mitcham area (largely in the Waite electorate), as the council with the highest rate increase in 2019. Such a promise would have involved amending Chapter 10 of the Local Government Act 1999 (SA), but undoubtedly could have saved a few of their ‘safe’ seats this election.

However, the government scrapped the idea after Vickie Chapman blamed Labor and other crossbenchers for refusing to pass a Bill including rate-capping. Of course, the opposition denied that accusation.

Undoubtedly, the Liberal government had some bigger priorities – but a promise is a promise, and voters focused on some of the issues mentioned here would certainly have not looked favourably on the failure to deliver. Hopefully the Malinauskas’ government’s agenda is dominated by more than just COVID, and continues on the track to giving us students back some of our human (party-related) rights (among their other promises).

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S T R A N G E L AWS .

RAFIK GAD HAS PULLED TOGETHER A BUNCH OF GENUINELY BIZARRE LAWS. THANK GOD WE ALL STUDY SOMETHING SO SENSIBLE AND LOGICAL.

Did you know that it’s illegal to wear a disguise in South Australia without a ‘lawful excuse’ (Summary Offences Act 1953 (SA) s 21C)? Better get those excuses lined up before Halloween this year!

The UK parliament passed the Salmon Act in 1986, which makes it illegal to handle salmon ‘suspiciously’ (s 32). Notably, what counts as ‘suspicious’ is not specified in the legislation.

I’m going to carry around a swordfish as if it were a weapon and maintain that I’m well within my rights.

It is an offence to sell a refrigerator with a capacity of 42.5 litres or more, unless all of the doors can be easily opened from the inside, or it was brought into the State before 1962 (Summary Offences Act 1953 (SA) s 58B). Pretty sure this one is to stop people hiding whole bodies in refrigerators- sorry Hannibal, you’ll have to cut it up.

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Live snails may need their own specific ticket if you take one on a train in France. In particular, when taking any animal under 6 kilograms in weight, individuals must fork out another 7 Euros for the ride. In contrast to other weird laws, this one has actually been enforced by inspectors working on trains operated by the French company SNCF.

In South Australia it is against the law to disrupt a wedding. The same goes for funerals, too. According to the Summary Offences Act s 7A, any person who intentionally obstructs or disturbs a wedding ceremony or funeral — whether secular or religious — is guilty of an offence and could face a maximum penalty of $10,000- or two-years’ imprisonment. Guess I’m going to have to go to a different State to live out my fantasy of objecting to a wedding and then running away with the bride.

Section 48A of the Summary Offences Act 1953 (SA) makes it an offence to advertise a reward asking for stolen or lost property to be returned with a ‘no questions asked’ implication. The maximum penalty is a $500 fine Every time I think I understand the policy behind this, I realise that I don’t.

According to Section 22 of the Marketing of Potatoes Act 1946 (WA), it is an offence to be in possession of more than 50kg of potatoes. Police can also stop and search your vehicle if you are suspected of having more than 50 kg of potatoes. You really have to wonder what went down in WA that led to parliament legislating this. Also, if I stock up on 50kg worth of potatoes in packeted chips, am I still a criminal?

Section 50 of the Summary Offences Act also states that ‘A person who, without reasonable excuse, disturbs another by wilfully pulling or ringing the doorbell of a house or by knocking at the door of a house is guilty of an offence. Maximum penalty: $250’. I’m pretty certain that lawmakers either a) don’t know how to have fun, b) hate people who do have fun, or c) a mix of both, because dingdong dashing is simultaneously hilarious and extremely amusing.

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BREAKING DOWN CELEBRITY CASES

By Netra Ramkumar

If you’ve been watching the news lately, you’ve probably grown quite familiar with the name ‘Novak Djokovic’. The Serbian tennis pro has become quite the controversial figure in the past few months in light of the current pandemic, sparking debates about vaccination and Australian border rules. And if you’re anything like me, you probably have no idea what’s going on at any given time, and don’t particularly understand why this is such a big deal.

So if you want to know what all the fuss is about, let’s break it down. (Note: this is not meant to be a comprehensive account of what’s transpired in the past months. The entire matter is so complex that I wouldn’t be able to do it justice in such a short piece.

This article is simply meant to provide a rough and simplified overview of events for those who, like me, want to stay generally informed without having to read all the legal stuff.)

The first thing to know is this: Novak Djokovic is not vaccinated against COVID-19. This fact— which is really the crux of the entire debate—came into relevance when he travelled to Australia in early January this year to compete in the 2022 Australian Open Tennis Championship.

In November 2021, Djokovic was issued a subclass 408 Temporary Activity visa; essentially, a temporary visa granted for activities such as sport. Before his coming to Australia, he had already established that he was not vaccinated but had been granted a medical exemption permitting him to

The entire matter is so complex that I wouldn’t be able to do it justice in such a short piece... enter. It would be later revealed that this exemption was granted on the grounds that he had recently recovered from COVID-19 and thus did not have to be

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vaccinated. However, shortly following his arrival in Melbourne in January this year, Djokovic was taken in and questioned by the Department of Home Affairs due to his lack of vaccination, and his visa was cancelled by a delegate of the Minister for Home Affairs.

The cancellation was per s 116(1)(e) (i) of the Migration Act 1958 (Cth), which (in a grossly oversimplified explanation) allows the Minister to cancel a visa if they’re satisfied the holder could be a risk to the health or safety of the Australian community.

Soon after the cancellation, Djokovic commenced a proceeding in the Federal Circuit and Family Court of Australia (FCFC) to appeal the decision. This appeal was on the grounds that the original cancellation lacked procedural fairness (otherwise referred to as “natural justice”), with Djokovic not being given ample time to seek advice and contest the decision. At the hearing, counsel for the Minister for Home Affairs essentially accepted Djokovic’s allegations that the visa cancellation was a denial of natural justice, and the visa cancellation was reversed. However, immediately after this, counsel for the Minister of Home Affairs said that the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) would be considering the exercise of his personal power of cancellation. This is a power which only the Minister holds (i.e. it cannot be delegated), and, under s 133C(3) of the aforementioned Migration Act, allows the Minister to essentially cancel a visa if he is satisfied that it would be in the public interest to do so. This is subject to the fulfilment of certain basic requirements outlined in s 116 among other provisions, but it is no-

table that under s 133C(4), the rules of natural justice do not apply to such a decision. While Djokovic provided submissions and other material to the Minister as to why his personal power of cancellation should not be exercised, the Minister did later cancel his visa under this ministerial power. Djokovic applied for a judicial review of this second cancellation, but when taken to the Federal Court of Australia, the application was unanimously dismissed by three Federal Court judges, and his participation in the 2022 Australian Open was ultimately prevented.

So… what now? Well, the Minister’s decision to exercise ministerial powers means that Djokovic is currently barred from returning to Australia for three years, a ban which may only be waived in certain circumstances. While Djokovic accepted the ruling and left for Dubai soon after in a somewhat anticlimactic end to a case of international controversy, the public did not settle. The outcome has raised debate not only regarding Djokovic’s specific circumstance, but also more general implications regarding the great breadth of decision-making power the Minister holds, and the limited ability of the judicial system in reviewing such decisions.

If you’d like to learn more and are willing to parse through the legalese, I’d absolutely recommend taking a look at the court files, which have all been made publicly accessible in light of the public interest in the matter.

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WAT E R S H E D :

T H E D E AT H O F D R . D U N C A N GEORGE IAN OGILVIE DUNCAN WAS BORN ON 20 JULY 1930 IN LONDON, THE ONLY CHILD OF NEW ZEALAND-BORN PARENTS. HE WAS KNOWN AS ‘IAN’ FROM AN EARLY AGE.

BY TIM REEVES

The family came to Victoria in 1937 and Ian attended Melbourne Grammar School where he won prizes and scholarships, and was dux in 1947. His study towards an honours degree in classical philology at the University of Melbourne was interrupted in 1950 by a prolonged bout of tuberculosis.

Seven years later Duncan entered St John’s College, Cambridge, eventually completing a PhD in legal history. In 1966-71 he taught law part-time at the University of Bristol where his colleagues described him as ‘a mystery’. Tall and slim, with fair hair and blue eyes, he wore thick-framed

glasses and possessed the demeanour of a dedicated, self-effacing scholar, but he was intensely shy and taciturn, and found it difficult to communicate with students and fellow academics. He was a devout Anglo-Catholic and a regular churchgoer.

About 1970 he joined the Gaytime Friendship Society, a London club.

In 1971 Duncan’s doctoral thesis was published as The High Court of Delegates.

The deaths of his parents and half-sister had left him relatively wealthy. He returned to Australia on 25 March 1972 to

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take up a lectureship in law at the University of Adelaide and moved into Lincoln College. He had come from a country where male homosexual acts had been decriminalised to one where no jurisdiction had enacted such legislative change – homosexuality was still a major social taboo. About 11.00 pm on 10 May that year he was thrown into the River Torrens from the southern bank, near Kintore Avenue, and drowned. The area was a covert meeting-place for homosexuals – a ‘beat’ – and rumours spread that Duncan had been killed by police engaged in ‘poofter-bashing’. Following a service at St George’s Church, Goodwood, he was buried in Centennial Park cemetery. An inquest began on 7 June.

Based on questionable evidence, Dr Colin Manock testified that his autopsy had indicated that Duncan had been a practising homosexual. On 29 June two members of the vice squad refused to

answer questions put to them. Three officers were suspended from the police force and eventually resigned. When the coroner returned an open finding on 5 July, public concern was so great that Premier Don Dunstan permitted his police commissioner, Harold Salisbury, to call in detectives from New Scotland Yard. They described the attack in extraordinary terms: as ‘merely a highspirited frolic which went wrong’. But their report, which would not be released for another 30 years, also concluded that the three vice squad officers were guilty. It was announced, however, that the crown solicitor had decided against proceeding with any prosecution.

The case gained nationwide publicity because it involved ‘the broader issue of homosexuality and attitudes towards it’. On 26 July 1972 Murray Hill introduced a bill in the Legislative Council to decriminalise homosexual acts between consenting males over the age of 21; after two months of debate the bill was passed, but with an amendment that weakened its original intentions. In 1975 South Australia became the first state or territory in Australia to legislate for full decriminalisation.

More than this: it was a first in the English-speaking world in the way it treated equally homosexual and heterosexual acts. Tasmania was the last to embrace gay law reform and it took another 22 years – not until 1997.

On 30 September 1988 two of the three members of the vice squad linked to the case were acquitted of Duncan’s manslaughter; the third was not brought to trial for lack of evidence. A police task force interviewed eighty-one people and reported to parliament in April 1990 that there was ‘insufficient evidence to charge any other person’.

10 May marks the 50th anniversary of Duncan’s still unsolved murder, which was recently commemorated in the commissioning of the oratorio, Watershed, for the Adelaide Festival. Duncan’s death is a case of a life tragically lost, but a state and nation transformed.

Tim Reeves (based on his 1996 entry on Dr Duncan for the Australian Dictionary of Biography). His book, The Death of Dr Duncan, was recently launched at Adelaide Writers’ Week and is available from Wakefield Press.

Images: via TheAustralian.com.au

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