Disability Discrimination Commissioner Graeme Innes AM addressing the Social Justice Lecture

obiterthe ndsls

t h e n o t r e d a m e s y d n e y l a w s o c i e t y

Week Eight Semester TwoVolume Two 201303

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From theEditor

Caroline MiChel

Hello all!

It’s so hard to believe it is week

eight already! We are more than

half way through the semester,

and we’re at a point where

assessments are starting to

build up again.

Despite the mid semester

break still being over a week

away, now is the time to start

preparing for exams, and

readjusting if you want to

improve you grades. ‘Yeah, right’

I hear you say, but for someone

who is quite notorious for the

last minute cram session, I’ve

come to realise that this change

in attitude is what I need to

have in order to head into

exams as confident as possible,

and come out of this semester

proud of the efforts I’ve put in. I

find that week eight is a perfect

time to reaffirm myself, and set

appropriate goals for the next

few weeks.

During stressful times where

we are both receiving marks

back, and submitting more

assignments, I always remind

myself of some mantras from

the Dalai Lama (Don’t worry, I’m

not a self proclaimed hipster, I

just think wise words can never

go astray!). My favourite being,

“Judge your success by what you

had to give up in order to get it.”

It’s times like these where we

need to give credit to ourselves

for all our little successes, and

the things we forego (whether

small or large) to achieve those.

It’s been a pretty exciting week

for some of us in the Law

School- on Monday we held our

first ever Social Justice Lecture,

with guest keynote speaker

Graeme Innes AM. The event

was a great success and we

thank all those who attended!

The first round of the mooting

competition also took place last

week. As a competitor this year,

I can say that the competition

is both challenging and very

enjoyable. I feel that mooting is

the most helpful competition in

terms of developing research

and presentation skills. The

second round of the competition

takes place on Wednesday

and Friday, and anyone is

welcome to come and watch

our competitors battle it out for

a spot in the final! Details have

been included further in this

issue.

That’s all from me for now! Best

of luck, and I hope you all have a

relaxing and enjoyable break.

Caroline

acknowledgementsObiter Issue Three, Volume Two

EditorCaroline Michel

ContributorsPeter GrayDominic Rohde

DesignAlexander Carlos

NDSLS Committee 2013ExecutiveEden Christopher, PresidentNatalie Baladi, Vice-PresidentDaniel Austin, SecretarySean D’almada Remedios, Treasurer

DirectorsJacob Deigan, CareersJulia Lavers, CompetitionsAidan Williams, EducationPeter Gray, ITAlexander Carlos, MarketingCaroline Michel, PublicationsDominique Hermo, Social EventsRachel Bennett, Social JusticeLauren Absalom, Sponsorship

Year RepresentativesAdrian Vincent, First YearShelby van Ooran, Second YearCaitlin Gallagher, Third YearSean D’almada Remedios, Fourth/Final Year

Contact the EditorContact the Committeewww.ndsls.org

the obiter, issue three, volume two 2013

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From the President, Eden ChristopherI could almost replicate my President’s note from this time last

semester!

... but I won’t do that because although each semester can be so

predictable, there are always new challenges to meet. If you’re feeling

a bit of cabin fever then maybe you should go about changing it up

this weekend or approaching things differently. Breaking a habit is

very hard especially bad habits (because they are usually born out of

convenience) and so it’ll always take that little bit extra to change and

then even a little bit more to persist!

Something I’d really love everyone to do is attend our Competition

Grand Finals this year. I first signed up to competitions in third

year and I SUCKED! I am almost certain my partner and I received

the worst score ever in Client Interview. I persisted in the next

competition thanks to a friend encouraging me and I’ve gained so

much from showing just that little bit of courage and changing up my

usual habits.

From those small beginnings I’ve been around Australia and seen and

participated in LSS competitions at the highest levels. This year at

ALSA in Perth I was lucky enough to get a seat in the Championship

moot in the WA District Court with Chief Justice French adjudicating

and I watched the International Humanitarian Law Moot in the

WA Supreme Court. Seeing the calibre of these participants, the

procedure and the submissions, listening to the questions and how

the participants responded really affirmed to me that I wanted to

do what I am doing - because I found it so exciting! I think everyone

would really get something out of attending.

Finally, I hope you all have a safe and worthwhile mid-semester break.

Yours in law,

Eden

O Captain, my Captain

el Presidente

In this issue:

Calendar

NDSLS Online

Inaugural Social Justice Lecture

The Right to Complain

Head of DPP visits Criminal

Law class at Notre Dame

Mooting

NDSLS Elections

YourSay

4

5

6

9

11

14

14

15

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Upcoming Events

oct 8 NDSLS Annual General Meeting

10 Paper Presentation Submission Deadline

12 Staff v Students Sports Day

14 Stevens Vuaran Lawyers Grand Final Moot

the obiter, issue three, volume two 2013

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The NDSLS Online

Connect with us on all of our online portals

to make sure you never miss a story!

facebook.com/NotreDameSydneyLawSociety

twitter.com/NDSLS

youtube.com/NDSLS

www.ndsls.org

Social media enquiries: Alexander Carlos, Marketing DirectorWebsite enquiries: Peter Gray, IT Director

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On Monday 16th September, the NDSLS

hosted our inaugural Annual Social Justice

Lecture. This event has been a long time in

the making- a year long goal for our Social

Justice Director, Rachel Bennett. Our aim in

creating this event was to expand the social

justice portfolio, and provide all students,

staff, and community members with more

opportunities to engage with social and

legal justice first hand. We hope that this

initiative will continue in the future, and

eventually expand to an entire ‘Social Justice

and Well Being Week’ (Similar to our popular

Careers Week).

For our inaugural lecture, we were very lucky

to have a very special and influential guest

as the keynote speaker. This guest was

Disability Discrimination Commissioner,

Graeme Innes AM. Mr. Innes is an incredibly

influential figure in the field of disability

rights in the legal and political world. Innes

has dedicated many years towards actively

trying to improve the social wellbeing of

physically and mentally disabled people,

particularly in the area of discrimination,

and public accessibility.

Inaugural Social Justice Lecture

A reflection by Caroline Michel

the obiter, issue three, volume two 2013

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He has worked on many high profile cases,

such as recent actions against RailCorp

concerning their audio announcements on

trains (which have improved greatly as a

result), the Federal Court case against The

Hills Grammar School to provide wheelchair

accessibility to their school, and many other

cases, which worked towards increasing

wheelchair accessibility on buses.

The topic for Mr Innes’ address was ‘Who the

law leaves behind, and how vocations can

change the world’. He approached this topic

from a very personal perspective; which

was particularly emotive and engaging for

all of us as audience members. As a vision

impaired lawyer, Innes shared his personal

struggle to succeed in the legal profession

with a disability, and how he’s dedicated his

life and profession to help those achieve

the same merits, and to break down the

discrimination that still exists in many

facets of society.

On a personal level, I found Mr Innes’

address to be incredibly uplifting (despite

the serious subject matter), engaging,

and most of all, inspiring. As a young law

student, I find that it is far too easy to get

caught up in the ‘corporate race’; the aim

to get a job at a top tier firm, and benefit

myself as much as I can. Although this is a

perfectly acceptable goal and career path

for those interested in corporate law, our

obsession for gaining an edge can often

lead us to neglect consideration for the

humanitarian aspect of the law; social

justice, and helping the most vulnerable

in society. Innes is proof that lawyers and

law students can indeed use their skills,

knowledge and experience to change the

lives of many.

He emphasised that speaking out against

injustice is the easiest way to change the

status quo; something as simple as posting

and sharing on social media outlets can

create the necessary ‘buzz’ to bring about

action and change in the legal and political

world. The Law is not just a job- it can be

so much more enriching than that. It is

a vocation that is able to change people’s

lives. Innes’ address proved that this idea

is not idealistic, but indeed a very real

possibility if we are willing to engage with it.

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For me, the most challenging and interesting

aspect of Mr Innes’ speech was when he

talked about trying to get his first legal job.

Despite having all the qualifications, he was

often knocked back from job offers due

to his vision impairment. Luckily though,

he was eventually offered a clerical job

due to an employer giving him the well

deserved chance that no one else had

offered him, and from there, he worked

his way up the field and became very

successful, proving all those who doubted

him wrong. It emphasised the need for us

to address disability employment, and how

the disabled should be entitled to enjoy

all aspects of life as everyone else does,

whether this be getting on the bus, getting

to school, or being offered a job. Employing

the disabled not only helps the individual,

but it addresses many other social issues

such as homelessness and crime. Without

employment, the disabled are often more

susceptible to homelessness or being sent

to prison due to their perceived inability or

unfitness to plead or defend themselves in

a court of law. The statistics were incredibly

confronting, and made me really reflect

on the challenges of both physical and

mental disability that need to be better

acknowledged and addressed if we ever

want to bring about positive change.

On behalf of the NDSLS, I would like to thank

Maurice Blackburn Lawyers and Benbro

Electronics for sponsoring our event. I’d also

like to thank Graeme Innes for dedicating his

time and insight, and for providing us with

an incredible opportunity to reflect upon

social justice, and the many things we can

do as lawyers to change people’s life for the

better. Finally, I would like to thank Rachel

Bennett, our Social Justice Director, for

dedicating her time and efforts into bringing

this event to fruition. It ran very smoothly,

and the response was fantastic.

I look forward to next years Social Justice

Lecture!

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The Right to ComplainBy Peter Gray, IT Director

As an avid politics nerd I have thoroughly enjoyed

following the recent federal election. Time and

time again in each election we are told of the

informal vote. In a country which prides itself as

one of the best countries in the world for:

• Freedom of election and being elected;

• Freedom of assembly and political participation;

• Freedom of speech, expression and religious

belief;

• Rule of law;

• and many other basic human rights

It makes me angry that many electors don’t take

the opportunity to vote, unlike in other countries

where suffrage doesn’t exist or is limited. Most

interestingly the informal vote has increased 0.4%

since the 2010 poll.

In the most recent election, out of a total

13,354,226 votes, 94% or 12,568,198 votes were

formal producing a total percentage of 5.89%

informal votes. At the same time just over 90% of

Australians eligible to vote placed a vote in this

election.1

Irrespective of political persuasion or belief, it

begs the question: in a country where voting is a

democratic right, where we have the opportunity

to elect our governing representatives, why do we

still have a minority within our population who

don’t take the responsibility as seriously or as in

high regard as 90% of Australians do?

1 Australian Electoral Commission, House of Representatives – First Preferences by Party <http://vtr.aec.gov.au/HouseStateFirst-PrefsByParty-17496-NAT.htm>

Photo: The age

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Does the increase in the informal vote and

group of eligible voters who make the decision

not to vote demand that changes be made to

our educational curriculum? Is there a need

for events targeted at informing the general

public about how our political system operates?

This could include how to vote, the history

and development of our political institutions,

suggested criteria to consider when voting and

the role, responsibility and effect that their vote

can have in our elections.

Those who have followed the count post-election

would be aware of a number of seats that are

being decided on as little as 100 votes, such as

Fairfax that shows Clive Palmer ahead by 98

votes.2 In my own electorate of Lindsay, where

the sitting member lost by just over 6,500 votes

before preferences and an informal vote of 7,699

and 92% of eligible voters completed a ballot

paper it illustrates the real fact that every vote

counts.3

Suffrage or the right to vote has come a long way

since 1902 when Australia was the first country in

the world to grant women the right to vote and

the right to be elected into federal parliament.4

The Australian Electoral Commission (AEC)

continues to provide alternative means for voting

other than voting at a polling booth on Election

Day. The AEC at the 2013 election offered the

following methods of voting: absentee vote, early

voting or postal vote, interstate voting on Election

Day, overseas polling centres, provisional voting,

mobile polling facilities, interpreter services

and information on how to vote translated into

26 different languages5 as well as assistance to

voters who are visually impaired.6

Efforts have also been made to make enrolling

to vote easier and more accessible by allowing

young people to enrol when they are 16 or 17.7

There is also the opportunity to do a ‘practice

vote’ online.8 To give you one of the more

extreme forms now available for people to

enrol, you can register to enrol as an elector in

Antarctica!9

2Australian Electoral Commission, QLD Division – Fairfax <http://vtr.aec.gov.au/HouseDivisionFirstPrefs-17496-160.htm>.3Australian Electoral Commission, NSW Division – Lindsay <http://vtr.aec.gov.au/HouseDivisionFirstPrefs-17496-128.htm>.4Australian Government, Australian suffragettes <australia.gov.au/about-australia/australian-story/austn-suffragettes>.5Australian Electoral Commission, Translated information and telephone interpreter service <http://www.aec.gov.au/About_AEC/Translated_information/>.6Australian Electoral Commission, Ways to vote <http://www.aec.gov.au/voting/Ways_to_vote/index.htm>.7Australian Electoral Commission, Enrol to vote <http://www.aec.gov.au/enrol/>.8Australian Electoral Commission, Practice voting <http://www.aec.gov.au/Voting/How_to_vote/practice/>.9Australian Electoral Commission, Antarctic Electors <http://www.aec.gov.au/Enrolling_to_vote/Special_Category/Antarc-tic_electors.htm>.

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Therefore, as future legal professionals

we have a responsibility to advocate

for change that ensures that the

minority of people who don’t vote are

given more opportunities to realise

the value and privilege available to

them. Further, those of us who aspire

to be politicians or seek to represent

our communities have a responsibility

to give those disillusioned with the

political system reasons to engage.

With the advent of social media and

increased technological developments,

we have a real opportunity to shape

and foster the next generation of

voters by sharing and connecting them

with a likable electoral process.

If Australia wants to pride itself on

being a socially inclusive nation, it is

imperative that the vulnerable and

those without a voice are also given an

opportunity to engage with the political

process.

Head of DPP visits Criminal Law class

at Notre DameBy Dominic Rohde

Criminal Law classes at Notre Dame are

usually known for their dense analysis of

case law precedence and the occasional

witty joke from lecturer Robert Pelletier,

however, this class was to welcome an

unexpected dignitary: Lloyd Babb SC, the

Director of NSW Public Prosecution (DPP).

The first thing that one of my colleagues

and I noticed was the striking

resemblance between our guest and the

state member for Davidson, Jonathan

O’Dea – not only was Mr Babb similar

in stature, he had the same relaxed, yet

focused, aura about him.

Having attended high school in Hornsby

Shire and later attending Macquarie

University, Babb immediately struck a

cord with the student audience as he

drew comparison with the then provincial

Macquarie University (in the 1980’s) with

the relatively small Notre Dame Sydney

campus.

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As he continued to describe his career path,

at first jumping from job to job, criminal law

to commercial law and back again, it became

apparent that even the most accomplished

lawyers and barrister’s have faced hurdles

and uncertainty during their time in practice

but that a desire to follow your passions will

get you through eventually.

In 1989, Babb was admitted as an Australian

lawyer and called to the Bar the same year.

Ten years later, he returned to his former

high school, Asquith Boys High, to make

an address to the student’s. He stated, “A

criminal lawyer is always what I wanted to

be ever since I was in mock trial for Asquith

Boys High in year 10 in 1982. In our class, I

distinctly recall Babb answering a student’s

question on what skills we should be

learning in preparation for the ‘real world’,

with: “mooting and mock trail…certainly

they will help you”. That is a piece of advice

that all students should take to heart.

When law students think about a

professional legal career post-law school,

they generally imagine a job with relatively

little pay compared with the workload, high

stress environments and long nights. Rarely

would it be assumed however, that someone

with Babb’s tenure could list basketball, golf,

surfing and playing the guitar as activities

he enjoys. The lesson here is probably two

fold: firstly, that engaging in regular physical

activity is not only a healthy lifestyle choice

but will also increase your productivity, and;

secondly, that personal interests can be

balanced with heavy work loads – during

university and in the workforce – if you

manage your time effectively.

One student asked Babb about his role as

Director of the DPP. If Hollywood movies

are to be believed, prosecutors are out for

blood and the harshest possible sentence

so that every, and any, potential offender

thinks twice. Babb’s answer was insightful

and, whilst acknowledging that the goal

of sentencing is to match the punishment

with the crime, he demonstrated virtues

that government interviewers were most

likely looking for when they interviewed him

for the position: a practical outlook with a

sympathetic attitude.

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Babb recounted one particular case involving a son and his father at a family gathering,

which turned bitter when they got into a dispute and the son struck his father who then fell

back and hit the pavement. At some stage that evening, the father tragically passed away

from a head injury in his sleep. Babb was Crown Prosecutor at the time and during the trail,

having recognised the son’s heavy guilt expressed on record, advised the jury that, should

they find the son’s action to be less culpable than that of a hardened killer, they should

acquit the son of manslaughter.

The role of the prosecution is to fairly bring criminal cases to the court’s attention that

it feels needs to be carefully examined, and determined, in order to uphold community

ideals of right and wrong. Babb is clearly an exemplar.

So what were some of the cut-through messages from Babb’s address? For one, that

student anxiety is natural and the best way to counter it is to be prepared for in-class

tests and end of semester exams. Perhaps more importantly, Babb, at 45, explained that

students and practitioners alike should set goals and plan ahead. When opportunity and

preparedness meet, great things can happen.

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Stevens Vuaran Lawyers Notre Dame Mooting Competition

Round 2 of the Stevens Vuaran Lawyers Notre Dame Mooting Competition takes place

next week (week 9) on Wednesday and Friday. The scores so far are very close, so anything

could happen!

All students are welcome to observe the moots. The timetable for round 2 is below. All

moots take place in the moot court in the Law School on Shepherd Street.

Wednesday 25th September, 12:30pm

Appellants: Caroline Michel and Patrick O’Sullivan

Respondents: Kate McGurk and Mark Van Der Hout

Friday 27th September, 12:30pm

Appellants: Mohammed Algalele and Dominic Rohde

Respondents: Alexander Carlos and Jeremy Maspero

NDSLS ElectionsAfter consultation with the Nominees, Staff

of the Law School and Staff of Student

Services it has been decided a new election

will be run.

Voting will commence from Monday 23

September, 2013 (Week 9) to close of

business Thursday 26 September, 2013

(Week 9).

To be eligible to cast a vote, you must be

currently enrolled in a Law unit for Semester

2, 2013 and currently enrolled in a Law

degree.

To cast a vote, you will need to present

your Student ID to the Law Admin Officers

in the School of Law. You will then receive,

complete and return a ballot paper.

The votes will be counted by 2 Staff Members

and results released before the AGM.

For a list of nominees and their statements

of candidature please visit our website, or

click here.

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On the last YourSay ...Recently, the WA Supreme Court ruled against Gina Rinehart in a case involving Western Australian

Newspapers and Journalists. Rinehart’s ‘failed bid’ was to force a Perth journalist to reveal his

confidential sources. The decision has been described as positive for the journalism community, by

enacting ‘shield laws’ to protect journalism ethics of confidentiality. Do you think that journalists should

be legally protected from revealing sources? Or does this allow corruption in journalism?

1. “Confidentiality in sources in a incredibly important right to reserve. Journalists rely on

these sources providing them with (often inside) information and don’t want their identity

revealed. Revealing your sources is a betrayal of their trust and will likely ruin your jour-

nalism career and your personal reputation. Maintaining the privacy of sources is funda-

mental to the media’s role as the Fourth Estate.”

2. “I don’t really think that confidentiality should be an expected right for journalists. It’s

important that the are able to be honest about sources, otherwise we could be taking

purely speculative information as credited facts. ‘Anonymous’ sources can often have

ulterior motives, and there needs to be some sort of check and balance to maintain integ-

rity in journalism.”

3. “I think it’s a bit of both. Without the shield laws, the social and political elite would be

able to sue journalists and media outlets whenever they came across negative publicity.

Whilst not completely flawless, I think the laws are reasonable.”

4. “I think it’s great that we finally get one up over Countess Gina. I’m considering suing

her for emotional damages – I have nightmares where Gina eats me for dinner, with a

side of $50 and $100 notes. Creepy stuff.”

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YourSay

Recently, a bill was introduced to the NSW Parliament to amend the Anti Discrimination Act

1977 (NSW) by removing the exemption of private educational authorities from provisions

that make it unlawful to discriminate against a student or prospective student based on any

category other than race.

Currently, while most schools and institutions choose not to allow this discrimination,

there is limited legal protection if they do. Students from private schools who experience

discrimination based on any other criterion than race cannot go to the Anti-Discrimination

Board.

Should private educational authorities continue to be allowed to discriminate against

students and staff based on gender, sexuality or religion? Or is this an unfair exemption that

needs to stop?

Have your say by submitting 100 words or less here.

Disclaimer: All submissions will be considered for publishing provided that they do not contain offensive language or

themes. The NDSLS reserves the right to refuse a submission if it is inappropriate.

How to Contribute

The Obiter welcomes original student written pieces. If you would like to have something

included in our publication, don’t be shy- we are now accepting a range of original works

whether they be short articles, long essays or maybe just a piece of advice for other students.

As long as they are focused on a legal or university related issue/topic we would love to

publish your work! If you are a budding writer why not send us something?

You can either upload your document here, or email it directly to Caroline, the Publications

Director at publications@ndsls.org. It’s that easy. We look forward to hearing from you.

the obiter, issue three, volume two 2013

17

Copyright and Disclaimer© The Notre Dame Sydney Law Society

This publication is copyright. Except where permitted under the Copyright Act, no part of this publication may be reproduced

or stored by any process, electronic or otherwise, without the express permission of the Notre Dame Sydney Law Society.

This is a publication of the Notre Dame Sydney Law Society. Its sponsors, contributors, the University of Notre Dame

Australia, its affiliates or its employees do not necessarily endorse any facts or opinions contained within this publication.

The NDSLS would like to recognise the significant contributions of our Gold Sponsors. These

sponsors have been with us for many years and have made significant contributions to YOUR

society during that time. Check out their website and Like them on Facebook to stay informed

on how they can help you more.

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