Adelaide Law School Quarterly Newsletter Issue 12, 2 December 2013

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Adelaide Law School Newsletter

The University of Adelaide South Australia 5005

Contact: Kerrin Maratos

T: 08 8313 1227 E: kerrin.maratos@adelaide.edu.au CRICOS Provider Number 00123M

Images of Justice (Truth) Photographic competition winners

During October, The University of Adelaide Law School, in conjunction with Art and Heritage Collections, announced the ‘Images of Justice - Truth’ photographic competition winners for 2013. Congratulations to the winners! Student Prize: Raegan Kelly, ‘Hercules J’ (Raegan Kelly also won the People’s Choice award); Community Prize: James Unkles, ‘Justice - In Time’; Professional Prize: Chris Herzfeld (in

collaboration with Thom Buchanan), ‘Superheroes - Seeking The Truth’.

Photographers were challenged to explore the concept of Truth within the context of Justice. First prize in each category was $1,000 and winners were announced at a Prize Ceremony which was held at the University of Adelaide. We thank our major sponsor Lipman Karas as well as prize sponsors Atkins

Technicolour, Wakefield Press and Wine Direct for their continued support. The featured artist for the 2013 competition was Dr Bob Brown (former Senator for

Tasmania), whose artwork was also included in the exhibition.

1. Photographic competition

2. Alumni event celebrating 130th Anniversary photo ‘Promoting the Rule of Law’ - book release

3. New Business Law academics join Law school New student legal services

4. Indigeneous students shine Spain and Gibraltar review

5. Graduate Diploma in Legal Practice (GDLP)

6. International law seminars Alumni in focus

7. Conference of Evidence Law and Forensic Science United Nations Refugee consultations

8. Book launch ‘State of South Australia - Turbulent Times’ Lex Salus

9. Next step for students New Law School sponsors

10. Citation awarded to academic John Bray Oration

Raegen Kelly ‘Hercules J’

James Unkles ‘Justice - In Time’ Chris Herzfeld (in collaboration with Thom Buchanan) -

‘Superheroes - Seeking The Truth’.

Title:‘ Superheroes -Seeking the truth’

Is a work that analogises good vs. evil and the archetype of heroes. We seek the true nature of the society we live in, and the strategy by which we

shall destroy or save it. This photo was taken as all real 1 shot photos, no camera motor winder was used, no trampolines, wires, harnesses or

Photoshop cutting and pasting was used to create these images. The background was hand drawn over 20 hours and measured 12m x 3.5m.

Title ‘Justice – In Time’ Truth prevails in time. Military lawyer, James Unkles

viewed preparing for a moot hearing in the Victorian Supreme Court on 20 July 2013 against the convictions Lieutenants Morant, Handcock and

Witton who had been convicted of shooting prisoners during the Boer War in 1902.

Title: ‘Hercules J’ This piece was born out of the jurisprudential outlook of venerable Ronald Myles Dworkin, a legal

professor, scholar and philosopher, who became widely renowned through his constructive interpretation of ‘Law as Integrity’ Dworkin’s

interpretivist approach controversially theorized that the law properly interpreted will give the right answer, when provided with the right legal question.

He employs the metaphor of Hercules, a purely idealized paradigm, that is brought to life here by Lucus, aged 4.

Further information can be found at www.law.adelaide.edu.au/images-of-justice/

ISSUE 12, 2 December 2013 Page 2

Adelaide Law School Newsletter - Issue 12, 2 December 2013

New book release ‘Promoting the Rule of Law’

In most post-conflict states, a strong level of legal pluralism is the norm, particularly in regions of Africa and Asia where between eighty and ninety per cent of disputes are resolved through non-state legal mechanisms. The international community, in particular the United Nations, persistently drives the re-establishment of the rule of law in war-torn areas where, traditionally, customary law is prevalent. Adelaide Law School Senior Lecturer Dr Laura Grenfell has recently published a monograph with Cambridge University Press which traces the international community's evolving understanding of the rule of law in such regions, and explores the implications of strong legal pluralism for the rule-of-law enterprise. Using the comparative examples of two unique case studies, South Africa and Timor-Leste, ‘Promoting the Rule of Law’ provides insight into the relationship between the rule of law and legal pluralism. Alongside these studies, the monograph offers a comprehensive introduction to the conceptual framework of the rule of law in the context of approaches taken by the international community.

For further information, please go to: www.cambridge.org/us/academic/subjects/law/public-international-law/promoting-rule-law-post-conflict-states or contact Dr Laura Grenfell at laura.grenfell@adelaide.edu.au.

The Adelaide Law School 130th anniversary photo

On Saturday 26 October, on the stairs of the Mitchell Building, a group of Law alumni gathered for a very unique photograph. An image that would represent the many cohorts of Law graduates from the 1950’s until present, to celebrate the Adelaide Law School’s 130 year history. We put a call out to all Law alumni to participate in a group photograph, aiming to have a student from each graduating class represented for as many years as we could gather. It was particularly fitting for the photograph to take place in the Mitchell Building as this was where the Law School began. Some alumni recalled sitting their exams in the building. It was a great opportunity for the many decades of alumni to come together. There was a wonderful array of careers and contributions within the group which included

leaders in the public, private and community sectors. Among the guests were judicial officers, parliamentarians and acad- emics. The Hon Bob Fisher QC who graduated in 1950 and is now 92 years young was the earliest graduate represented on the day. This was contrasted with recent graduates from the last few years who are just

beginning their careers. The Adelaide Law School’s long serving staff members were also represented with Professor Horst Lucke, Dr John Keeler and current Dean of Adelaide Law School Professor John Williams in attendance. More photos can be found at http://flic.kr/s/aHsjLEiA2h.

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Adelaide Law School Newsletter - Issue 12, 2 December 2013

Business Law academics join Adelaide Law School

Joining forces: student legal service and specialist law firm unite

Adelaide Law School would like to warmly welcome our new Business Law academics: Pasqualina Callea (Associate Lecturer), Domenic Carbone (Lecturer), Franc de Zwart (Lecturer), Robert Langton (Senior Lecturer), Tiziana Margaritis (Associate Lecturer) and Sylvia Villios (Lecturer). The Business Law academics have relocated to the Adelaide Law School from the Business School to foster common research interests and to concentrate the teaching of Law at the University. Courses taught by the Business School include Commercial Law I and II, Legal Aspects of International Business III, Income Tax Law III,

Business Tax and GST III, Corporate Law M, Income Taxation M and Business Tax and GST M. With these courses being taught by the Adelaide Law School, the School is now one of two Go8 Universities that have had our Tax Law courses confirmed by the National Tax Practitioners Board as approved courses in Australian Taxation Law, and the only Go8 University that has had our three Commercial Law courses confirmed by that Board as approved courses in Commercial Law. Future newsletter stories will focus on these new academics and courses.

The Magistrates Court Legal Advice Service (MCLAS) has formed a partnership with Lipman Karas as part of the Service’s dedication to promoting justice access within South Australia. The MCLAS is located in the Adelaide Magistrates Court and is staffed by final year law students from the University of Adelaide. Under the supervision of legal practitioners, students provide free legal advice in regards to minor civil claims that do not exceed $12,000. The University of Adelaide Law School established the MCLAS in recognition that accessible and community-driven legal services should remain a cornerstone of our society and that the Service provides an unrivalled educational experience for students. Practitioners from Lipman Karas, a specialist legal practice with an international client base, will attend the MCLAS each month to supervise students and assist with the resolution of clients’ disputes. Working with a student legal clinic will enhance Lipman Karas’ pro bono program while allowing those practitioners involved to help shape the next

generation of South Australian lawyers.

By adopting a mentor role, Lipman Karas’ solicitors will support students by encouraging them to delve deeper into legal disputes and assist in producing

timely outcomes for MCLAS clients.

Ultimately, the partnership will enable the MCLAS to continue to provide South Australians with inclusive legal services to support the notion of a ‘fair go’ for

all.

all. Lipman Karas’ involvement with the Service is representative of the emerging way in which leading firms can continue to support justice access within our community. For more information please visit http://www.law.adelaide.edu.au/free-legal-clinics/

mclas/.

Margaret Castles of University Adelaide Law School, Matthew

Simpson of Lipman Karas and Paula Meegan of University Adelaide Law School in front of the Magistrates Court

Story by: Stephanie Ventrice and Sarah Keelan

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Adelaide Law School Newsletter - Issue 12, 2 December 2013

Giving Indigenous students a chance to shine

Building numbers of Aboriginal and Torres Strait Islander law students and helping them succeed in their studies has won national recognition for an Adelaide Law School academic. Senior Lecturer Dr Matthew Stubbs is one of four University of Adelaide staff to receive a $10,000 award from the Office for Learning and Teaching (OLT) for outstanding contributions to student learning. Dr Stubbs has been recognised for his proactive pastoral care and inclusive academic support of the University’s Indigenous law students. He has also developed new entry pathways into Law and raised awareness about legal study among Indigenous communities. “Legal education offers Indigenous students the opportunity to make a real difference in their communities,” says Dr Stubbs. “I feel really privileged to work with these fantastic students and to help them develop the skills to become successful legal professionals and the next generation of Aboriginal leaders.” The OLT citations are awarded annually to individuals and teams who have made a significant contribution to the quality of student learning over a

sustained period.

“This national award reinforces the University of Adelaide’s commitment to Indigenous education and widening access,” says Dean of Law Professor John Williams. “Matthew’s dedication and personal effort have made a tremendous contribution to Indigenous education in the Law School and enhancing the achievement of our students.”

Spain’s dubious claim to Gibraltar

The full article can be found at http://www.chronicle.gi/headlines_details.php?id=30405

“I make a point of getting to know all of our Aboriginal or Torres Strait Islander law students and I am ready to help them in any way I can throughout their University life. I want to make sure that each and every one of them has the opportunity to shine at Adelaide Law School” says Dr Stubbs. Dr Stubbs’ work with Aboriginal and Torres Strait Islander law students has also been recognised through University awards including a Commendation for Excellence in Support of the Student Experience in 2012 and an inaugural Vice-Chancellor and President’s Award for Outstanding Contributions to Aboriginal and Torres Strait Islander Education and Engagement in 2013.

Associate Professor John Gava has been studying the recent dispute over Gibraltar. He writes: ‘Gibraltar has once again hit the headlines with a dispute over fishing rights spiralling into a barely concealed demand by the Spanish government for the ‘return’ of Gibraltar. Spain’s latest claims for Gibraltar are clever politically, because they divert attention of Spaniards away from their terrible economic situation. But an analysis of Spain’s claim to Gibraltar shows that it is weak historically, inconsistent with generally accepted notions of self-determination and sets new records for hypocrisy.’ John has written an article on this topic in the Gibraltar Chronicle.

Dr Matthew Stubbs receiving his Office for Learning and Teaching Citation for Outstanding Contributions to Student Learning

Adelaide Law School Newsletter - Issue 12, 2 December 2013

The University of Adelaide, in partnership with the Law Society of South Australia offers a new GDLP program designed to offer convenience, establish connections and prepare students for their legal career. The key advantages of studying the GDLP at the University of Adelaide are: Convenience:

Flexible delivery - with lectures delivered online and course seminars held during the day, evening and weekends, with resources and assessments available online. Direct local admission - to practise in South Australia. Students can then easily apply for a practising certificate in other States and Territories without seeking further admission. Don’t wait until you graduate - students can commence the GDLP concurrently with their final year undergraduate studies. Individual assessment and no exams Location - the Adelaide Law School campus is conveniently located in the CBD and offers a seamless continuation of study at the University of Adelaide. FEE-HELP - is available.

Connections:

Network while learning and build face to face relationships within the South Australian legal profession. Most GDLP sessional staff are practising lawyers (barristers, solicitors and Judges). This is a valuable opportunity to make an impression. Don’t underestimate the importance of connections with peers as it often leads to ongoing professional relationships.

Career:

The GDLP curriculum has currency because it is designed by local lawyers and tailored to the tasks that junior lawyers complete. Legal Practice Placements - the program helps

students secure a 6 week placement which provides vital experience, building the skills and confidence to be prepared to enter the legal profession. Practice advocacy skills - students get to practice their advocacy skills in the district court, making submissions to and receiving feedback from senior members of the legal profession. This is a unique opportunity that has been the highlight of the program. For further information on the GDLP pick up a brochure from the Adelaide Law School reception or visit: www.ua.edu.au/law/gdlp. Contact: Maree Cutler-Naroba

GDLP Program Director E: gdlpenquiries@adelaide.edu.au P: 08 8410 5865

The Three ‘C’s of the Graduate Diploma in Legal Practice

ISSUE 12, 2 December 2013 Page 5

Cheryl Chin - GDLP Student 2013

Helena Jasinki, Barrister and GDLP sessional staff member

for Criminal Law, including Trial Advocacy

Stephen Whittaker, GDLP Graduate, Semester 1, 2013 Completed his placement at the Crown Solicitors Office

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Adelaide Law School Newsletter - Issue 12, 2 December 2013

Adelaide Law School holds first evening seminars for International law On 5 August, Dr Luis Eslava delivered the first International Law evening seminar. Dr Eslava, a visiting international scholar, described the widespread tendency to represent International Law in academic and popular accounts as a superior law that operates only in removed places and in extraordinary events. While acknowledging that these international sites and events remained important, Dr Eslava explored how international law also operates through national and local norms, through minute administrative practices, and in the ‘everyday’. The seminar was a wonderful display of Dr Eslava’s work. He used visual representations and also drew on and shared compelling narratives drawn from research projects in rapidly globalizing cities, such as Bogotá, Rio de Janeiro, and more

Bogotá, Rio de Janeiro, and more recently in Istanbul. International law is a compulsory subject at Adelaide Law School and the evening seminar series complements the interest in international law, offering an opportunity to further explore the impacts and relevance of international norms and institutions. During Dr Eslava’s time at Adelaide Law School he also conducted a staff seminar where he discussed his research methods, which involve sustained jurisprudential and historical analyses combined with ethnographic fieldwork in community and institutional settings. Dr Eslava is currently a Senior Fellow at Melbourne Law School, Junior Faculty at Harvard Law

School’s Institute for Global Law and Policy, and Guest Researcher at the Max Planck Institute for Comparative Public Law and International Law.

Alumni in Focus - Jonathon Redwood

I graduated from the University of Adelaide with a First Class Honours Degree in Law/Commerce and the University Medal in 1996. I then had the privilege to serve as Associate to the former Chief Justice of South Australia John Doyle AC QC until going to Harvard Law School in August 1998 where I completed a Masters in Law having been awarded the Menzies scholarship. At Harvard I concentrated on comparative constitutional law, corporate law theory and the regulation of international financial markets. Following Harvard, I worked for six years (from 1999-2005) in New York in international finance at the leading Wall Street law firm Sullivan and Cromwell. In 2005 I returned to Australia to fulfil my ambition to become a Barrister at the Australian Bar.

I also undertook further postgraduate study at Oxford University completing the Bachelor of Civil Law with a focus on international dispute resolution and legal theory. I practice broadly in commercial and public law courts and tribunals around Australia from my chambers in Sydney and Melbourne. I also practice internationally in international arbitration. I was a research fellow this year at the Lauterpacht Centre for International Law at the University of Cambridge. My study of law at Adelaide University provided me with the essential foundation to pursue further academic study at leading universities around the world and integrate that study into a diverse and rewarding practise of the law.

When studying and practising overseas, the Adelaide Law School’s rich history, international reputation, distinguished alumni and diverse student body has been a constant source of recognition and reassurance.

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Adelaide Law School Newsletter - Issue 12, 2 December 2013

Emeritus Fellow Andrew Ligertwood and Lecturer Mr David Caruso attended the 4th ICELFS in Beijing in July. The Conference brought together more than 200 academics, practitioners, scientists and judges, representing more than 10 countries, to share knowledge and research in the fields of evidence law, forensic and political science and their intersection, through plenary lectures and concurrent workshops. Keynote addresses were delivered by the John Henry Wigmore Professor of Law at Northwestern University in the USA, Ronald J. Allen, and the Vice Chief Justice of the Supreme Court of the Peoples’ Republic of China, Professor Shen Deyong. Emeritus Fellow Ligertwood and Mr Caruso are the Vice President and Associate Executive Director, respectively, of the International Association of Evidence Science, which hosts ICELFS in partnership with the Institute of Evidence Law and Forensic Science at the China University of Political Science and Law (CUPL).

International conference on Evidence Law and Forensic Science (ICELFS) held in Beijing

During the consul- tations, Associate Professor Reilly was interviewed on the Radio National program ‘Bush Telegraph’ in relation to the circumstances facing asylum seekers on bridging visas with no work rights living in regional centres. The interview explored what rural communities can do to welcome and assist asylum seekers living in their communities.

Associate Professor Alex Reilly attends United Nations refugee consultations

Emeritus Fellow Ligertwood and Mr Caruso are now working with colleagues across four faculties of the University of Adelaide, together with colleagues in China and the USA, to host the 5th ICELFS in Adelaide in July 2015. This will be the first time the Conference has been held outside China. Prior to attending the 4th ICELFS, Emeritus Fellow Ligertwood and Mr Caruso taught a two-week intensive course on Expert Evidence in Common Law jurisdictions, for Masters and PhD students of law and forensic science at CUPL.

From 14 to 16 July, Associate Professor Alex Reilly attended the United Nations High Commissioner for Refugees (UNHCR) annual consultations with service providers for refugees and academics working in the field of Refugee Law and Policy. The consultations covered a wide range of issues ranging from the global refugee situation, to specific challenges in relation to the new legal framework in Australia, issues relating to immigration detention, and post-arrival settlement support. The consultation confirmed how volatile and challenging current refugee policy is for all those working in the sector to promote asylum seeker claims and protect refugee rights.

Emeritus Fellow Andrew Ligertwood and David Caruso

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Adelaide Law School Newsletter - Issue 12, 2 December 2013

Book launch attended by State Premier: ‘State of South Australia - Turbulent Times’

Law is a difficult profession and the stress starts in law school. The pressure to get good grades, clerkships, work experience, part-time work, and a job on graduation, can really build up stress.

The Law School set out to encourage student well-being and formed a Health and Well-Being Committee of Corinne Walding, Mark Giancaspro and Kellie Toole.

The Committee launched ‘Lex Salus’ (latin for law and well-being) in August 2013 to promote: Understanding of mental

health issues and support services;

Well-being through nutrition, yoga, meditation and free health checks;

De-stressing through activities including table tennis, knitting, comedy workshops, spin classes, and free lunches; and 77777

Lex Salus (law and wellbeing) at Adelaide Law School

The recently released book ‘State of South Australia - Turbulent Times’ brings together a group of

respected academic researchers and commentators who analysed major social, economic, cultural and political trends and policy challenges facing South Australia. Three of our Adelaide Law School academics contributed to the book. Dr Gabrielle Appleby and Professor John Williams wrote on 'Law and Order', while Professor Andrew Stewart co-authored the chapter on 'Industrial Relations' with Elise Jenkin. The book was launched by the Hon. Jay Weatherill, Premier of

South Australia and introduced by Professor Warren Bebbington, Vice

Information about graduates jobs through talks from the Young Lawyers Committee.

The week was a great success with students saying they loved the buzz in the Law School, found staff more friendly and the vibe relaxed and welcoming, and found new opportunities to chat with other students. The success of the week was made possible through generous support from the University Counselling and Disability Support Service and Fitness Hub, The Ice Arena, Adelaide Produce Market, Beyondblue, Sallie Emmett, Boost Juice, On the Fly Improv Theatre, Events Cinema, the Young Lawyers Committee, and the School of Nursing. More information, photos and comments from students are available at https://www.facebook.com/lex.salus.9. Check it out or ‘Friend us’ to keep up with what’s happening!

Vice-Chancellor at the University of Adelaide on 24 October.

Lex Salus activities to help student relax included Table tennis, knitting and yoga.

Photo courtesy Cecilia Moretti, Research Fellow, WiSeR.

Adelaide Law School thanks our sponsors

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Adelaide Law School Newsletter - Issue 12, 2 December 2013

This semester the Adelaide Law School has launched ‘The Next Steps’ seminar series for second and third year law students. Initiated by Dr Joanna Howe, this is a new program aimed at preparing our students for embarking upon a legal career post Law School. Recognising that the jobs market is increasingly competitive, both in Adelaide and interstate, we have decided to run a series of workshops about the different types of careers a law degree can lead to, and also about how to improve interviewing, application and CV writing skills so that our graduates can stand out from the pack. Led by an organising team of Moira Groves, Anna Consentino, Corinne Walding and Dr Joanna Howe, two workshops have been held and we have had

between 60 and 70 students attend each workshop. The first workshop was on the topic of securing clerkships and associateships. Ben Consentino spoke of his clerkship experiences interstate and emphasised the importance of using the cvmail application tool and of being prepared and confident in the networking events that tend to be a key part of the interstate recruitment process. Adam Webster and Rebecca

The Next Step for our law students to start their career

McEwen discussed their experiences of applying for associateships and how this process tends to hinge more upon the interests of particular judges. The second workshop was on the topic of working for government and we were fortunate to have two external guests from the SA Attorney General’s department: Christine Groemer, Executive Director, People Strategy who addressed the practicalities of applying for public sector jobs and Kate Guy, a recent law graduate, who spoke about her experience going through the application process and working at the Crown. In particular, the students were inspired by Kate’s passion for her job, its variety and the way she has been given client work right from the beginning of her time at the Crown. Any alumni who are interested in participating in one of these workshops in the future, please contact Dr Joanna Howe: joanna.howe@adelaide.edu.au.

The Adelaide Law School wishes to thank new sponsors who have established new prizes during 2013 for our students. The new prizes are: The Hon. Christopher

Legoe QC Prize for Excellence in Mooting

The Sheahan Lock Partners Award for Excellence in Personal Insolvency Law

The Sheahan Lock Partners Award for Excellence in Corporate Insolvency Law.

The Dean, Professor John Williams, expressed his thanks to all sponsors for their generosity in providing significant prizes for our top students.

A full list of the Adelaide Law School prizes can be found at: http://www.law.adelaide.edu.au/about/sponsors/.

The 2012 Prize Winners at this years Prize ceremony

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Adelaide Law School Newsletter - Issue 12, 2 December 2013

2013 John Bray Oration ‘South Australia and the Australian Constitution’

Dr Peter Burdon awarded Citation by the Australian Academy of Social Sciences

Dr Peter Burdon has been awarded a citation for academic excellence by the Australian Academy of Social Sciences. The academy awards citations to scholars in the early years of their careers whose research has attained an outstanding level of achievement in the social sciences. Fellows of the academy submit nominations for the award and the Academy’s Award Committee makes the final choice. Dr Burdon will be presented with the citation at a dinner gathering of Academy Fellows in 2014. At the ceremony Dr Burdon will also give an address to the Academy about his research. Also, Dr Burdon in July presented at two conferences at the University of Peace, Costa Rica. The University of Peace is a UN Mandated University and is also the home of the international Earth Charter Initiative. The first conference was organised by the Global Ecological Integrity Group on the topic ‘Ecological Inte

Integrity, Globalization and Radical Social Change’. At this conference Dr Burdon gave the keynote address on the topic ‘Realising Earth Democracy: Governance from Below’. The second conference was organised by the Environmental Human Rights Group on the theme ‘Hurdles and Pathways Forward in International Law’. Here Dr Burdon gave a ‘constructive critique’ of environmental human rights and offered suggestions for alternative international mechanisms for protecting both human rights and the environment. Both papers will be published in edited collections, produced by Routledge Press and Edward Elgar respectively.

Global Ecological Integrity Conference, University of Peace, Costa Rica

Dr Burdon with Professors Joan and Ron Engel from the University of

Chicago

The 2013 John Bray Oration by The Honourable Robert French AC, Chief Justice of the High Court of Australia, was held on Monday 14 October 2013 in Elder Hall. This was the first occasion a Chief Justice of the High Court has given the Oration and His Honour spoke about the contributions made by South Australian delegates in the drafting of the Australian Constitution. Chief Justice French was appointed Chief Justice of the High Court of Australia in September 2008. At the time of his appointment, he was a judge of the Federal Court of Australia, having been appointed to that office in November 1986. Download the audio at http://blogs.adelaide.edu.au/

law/2013/10/31/listen-2013-john-bray-oration/.

Left to Right: Mr Anthony Crocker, President of the John Bray Law Alumni

Network; The Honourable Robert French AC, Chief Justice of the High Court of Australia; The Honourable Chris Kourakis, Chief Justice of the Supreme Court of South Australia; Professor John Williams, Dean of the

Adelaide Law School