NDSLS Staff v Students Sports Day (Tennis and Squash)

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 Eleven Semester TwoVolume Two 201304

notre dame sydney law society

2

From theEditor

Caroline MiChel

Welcome Back everyone!

It’s the end of Week Eleven

already! As we get to the end

of the university year, a lot of

exciting things are happening

around the law school and

NDSLS.

We have a new committee for

2014! I would like to extend

my congratulations to both

the incoming and outgoing

committee. For all the ‘newbies’;

well done on nominating and

being elected. I look forward to

seeing all the new innovation

and talent brought to our

growing society. To the outgoing

committee: congratulations on

all of your constant and often

insane amounts of hard work

and dedication that has ensured

that 2013 was one of the best

years yet for the NDSLS.

I feel a bit sad as I write this;

most likely because it will be

one of the last times I write

my editor’s letter for The

Obiter. As much as this little

publication is close to my heart,

I have been elected Education

Director for next year so will

handing over the reigns of

publications. (Speaking of which,

the publications portfolio is still

open for nomination! If you’re

keen to be part of the society

hit us up). I’m quite proud of the

efforts we have made with the

publications portfolio this year.

We’ve improved the general

quality through new design and

graphics and have been able

to make our publications more

accessible and reader friendly

through our new website. I’m

also proud of how we’ve ‘jazzed

up’ The Obiter, to make it more

student focused and fun. Our

new opinion section, ‘YourSay’

kicked off this year to a great

reception as well as the student

profiles, which I hope will

continue next year.

Keep an eye out for upcoming

dates for the next few weeks!

The Grand Final for the Mooting

Competition is next week, and

will take place in our very own

moot court.

That’s all for now!

Caroline

acknowledgementsObiter Issue Four, Volume Two

EditorCaroline Michel

ContributorsAlexander CarlosCaitlin GallagherAdrian VincentYasmin Thus

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 four, volume two 2013

3

From the President, Eden ChristopherCongratulations to the new NDSLS Committee!

I wish you all the best in the 2014 year. By now, you’ve probably only

realised the smallest fraction of what will be involved but I have faith

that you’ll all be up to the challenge.

The semester is winding down as the last few weeks start rolling into

exam period. I have been hitting the books hard with a few tough

subjects to knock through (I was always hoping that property would

be my biggest challenge! but alas, not so...). I know a few of you have

got some very steep challenges ahead of you in this exam period and

let me tell you that you have to put your game face on! It’s now or

never and although it’s never too late it’s best you start now...

I hope you have all checked out our website (www.ndsls.org) which

has our Education Report and our Social Justice Lecture podcast

up! Both are big things the NDSLS has done this year (with a bunch

of other things by the way...) and are going to be a key part of the

Committee for years to come.

Yours in law,

Eden

O Captain, My Captain

“What do you mean I’m not President anymore?”

In this issue:

Calendar

NDSLS Online

ALSA September Council 2013

We’re Gold, We’re Blue,

We’re Holier than you

2014 NDSLS Committee

YourSay

St Thomas More Society

Student Profiles

4

5

6

8

10

11

13

14

notre dame sydney law society

4

Upcoming Events

oct 23 Stevens Vuaran Lawyers Grand Final Moot

24 Graduation Photo

25 Graduation Dinner @ Bar Reggio

28 Campion v Notre Dame Debating Competition Grand Final

the obiter, issue four, volume two 2013

5

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

notre dame sydney law society

6

From Friday 20 September to Sunday 22

September 2013, Caroline Michel and I

were given the opportunity to attend the

September Council of the Australian Law

Students’ Association representing the Notre

Dame Sydney Law Society. The Council

meets three times per year - in April it was in

Wollongong and Eden attended; in July it is

held during ALSA Conference, this year being

in Perth; and in September, this year hosted

by Macquarie University here in Sydney.

Meeting at Council is a great way to share

ideas between other Law Student Societies

(LSSs) as well as discuss the greater issues that

face all of us (something about tax comes to

mind). We were told that this Council had the

largest registration yet with representatives

from about 24 LSSs plus the main ALSA

Committee. So onto our three days ...

We arrived at Macquarie (a remarkably

‘treeish’ campus) and headed to the venue,

got through all the introductory and

administrative business and straight into

an icebreaker. Karmen (VP Administration)

unveiled Bingo! We had to match twelve

qualities to twelve different people. We

discovered amongst ourselves that law

students love their tequila, aren’t too fond

of vegetarianism, and that it was never really

clear which member of the ALSA Committee

‘lifts’. There were a number of breakout

groups and showcases throughout the three

days (I’ll skip over all the ALSA Committee

presentations):

ALSA September Council 2013

By Alexander Carlos

the obiter, issue four, volume two 2013

7

- Health and Wellbeing Activities: many

LSSs ran a lot of initiatives to promote good

health (physical and mental) and ensured

that their members were happy and felt that

they had a support network. Something to

push on for next year!

- University of Wollongong LSS

presentation: these guys made the step up

from boutique LSS to mid-size LSS and gave

a presentation to all the other boutiques on

all-round advice on improving our LSS.

- H&R Block finance presentation: for

many months (if not years) there has been

concern about the tax liability of LSSs. An

accountant came and gave a presentation

on the topic. In short, there were a few pale

faces in the room.

- Handover: a great discussion on how to

make the process of handover smoother

year to year and ensure incoming

Committees can kick off their term without

a hitch. (Caroline attended a group on

committee motivation)

- Graduate Recruitment: a discussion on

getting a job after your degree and the

issue of decreasing graduate intake. In

future, we’ll be stressing the importance of

building towards getting a job straight from

First Year. (Caroline attended a group on

‘Beyond Corporate Careers’)

That’s a brief outline of what went on - we

also participated in discussions on student

engagement, improving our sponsorship,

and on ALSA Conference 2014 (which we’re

very much looking forward to by the way).

Of course, all of this was intertwined with

some good socials including a seemingly

unlimited pizza/pasta/salad night on the

Friday, and drinks and canapes in Darling

Harbour on the Saturday.

We really did learn so much at this Council

and you can bet that you’ll see many of the

initiatives we picked up on implemented

into the NDSLS over the coming year and

beyond.

I will leave you with Caroline’s one liners of

the weekend:

“This place is very tree-ish”

“What’s the plural of Ibis? Is it Ibi?”

“Does anyone else think that painting of a

capsicum looks anatomy?”

notre dame sydney law society

8

While many spent break week

relaxing, working and perhaps

studying, some of the ND

students (including quite a few

law students) flew up to the Gold

Coast for Australian University

Games. For many of us it was the

first time meeting our Fremantle

counterparts and our first time

competing in a national sporting

competition. There were students

from all different courses across the

Sydney and Fremantle campuses

and we represented the University

in a number of sports ranging from

touch to European handball to table

tennis (NOT ping pong).

We’re Gold,We’re Blue,We’re Holier than you.

By CaitlinGallagherProud Women’s Footballer

the obiter, issue four, volume two 2013

9

Each day we would walk from our hotel,

the Mantra Legends, to the transit centre

to catch coaches to our respective venues

where we competed against universities

from all around the country. Some teams

were certainly more competitive than

others. Our men’s beach volleyball team

won gold while our women’s football team

were proud wooden spooners. What the

women’s football team lacked in skill they

certainly made up for in spirit, earning

a nomination for the John White Spirit

of the Games Award. I am fairly certain

our women’s football team were the only

team to get a free golf buggy ride around

the fields. Yes – seventeen women and a

competition official all on one golf buggy.

And the whole women’s football team also

managed to get yellow-carded for playing

dead soldiers. Beat that.

We had great weather every day which

spilled into the nights, when we would

dress up and head over to Cavill Ave after

team “Court”. The themes were childhood

superheroes, onesies (which we replaced

with Hawaiian), tight and bright, witches

and wizards and the 90s. We looked

forward to court each night where we

would nominate our team mates for all

the ridiculous things they had done in the

previous 24 hours. The final team dinner

saw the rookies share love poems they had

prepared for other members of the squad.

Needless to say there were a lot of red-

faced rookies and poem recipients and a

lot of laughing seniors and staff.

All-in-all it was an amazing week playing

and partying with those we already knew

from ND and those we met and became

friends with. It is definitely a must-do event

while you are studying at university. Bring

on AUGs 2014 in Sydney!!

notre dame sydney law society

10

the obiter, issue four, volume two 2013

11

On the last 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?

1. They are private institutions and reserve the right to refuse service to anyone. As

you’ve rightly mentioned however, many of them do not exercise this exclusion. Having

attended Catholic schools throughout my life, I’ve studied alongside people from different

and no faiths. It’d be against the Catholic ethos to discriminate someone on any grounds.

Another problem arises when people complain about the rules set by these private

institutions (can’t wear a crucifix for example).

2. As a student from the LGBT community, I am outraged that universities have the

potential to discriminate against me based on my sexuality. I am of legal age as are all of

my peers and have an ability to make my own decisions and respect others. Furthermore,

I am very proud of being a student at Notre Dame as they have always in my opinion

delivered a very balanced religious education so what use are these stupid laws anyway?

As Ellen De Genres said, Now can’t we all just love one another, crack up the music and

dance.

notre dame sydney law society

12

3. - It is more natural for parents (as compared with the state) to assume responsibility

for their childrens’ education

– They are happy to care for their offspring in this way. Freedom of conscience is thus

permitted, state power suitably restrained.

– Third parties’ sexuality or religion may, conceivably, directly foster or undermine par-

ents’ determination of their childrens’ education. Eg, a school begun for the promotion

of strong marriages will not be as effective where its teachers believe promiscuous sex

is ok.

– There is no human right to be employed to teach; the right is something more like to

work.

4. I think there is a misconception about what discrimination is and is not. For example a

Catholic school should be able to enrol only Catholic students if it wishes. It is not discrim-

ination given that any person has the right to become a Catholic if they wish.

Private educational authorities should be able to select students and staff based on their

personal characteristics as these institutions are often grounded in particular religious

beliefs or other core values that would be upset by an inability to choose who is a part of

the institution.

5. Who has ultimate responsibility for the education of children? If parents, they should

be able to determine the environment their kids grow up in, including by starting schools

fostering a particular code of philosophy and ethics. Third parties’ sexuality and religion

may be directly relevant to fostering or undermining such endeavours. So, it may not be

discrimination to consider those third parties’ characteristics.

What of students’ rights to education and would-be teachers’ rights to employment?

All of the above rights may be balanced where the state provides for public schools and

there is not any crisis in unemployment generally.

6. I don’t see any problem with private educational institutions being able to keep the

exemption they’ve been given. If a Catholic, Jewish or Muslim school only wants to edu-

cate students from that faith then I think they should have every right to do just that. It

enables them to carry out their purpose and ethos as a religious school, which is a part of

a larger religious community. These communities are an integral part of our ever-growing

multicultural and multi-religious society.

the obiter, issue four, volume two 2013

13

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.

The NDSLS officially welcomes the St Thomas More Society as a new sponsor!

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.

notre dame sydney law society

14

Age: 18Degree: B. Law / Arts (Philosophy)Current year of degree: First Year

What area of the law interests you the most?Well considering you only study the Criminal Law A and B area in first year - I can say that I thoroughly enjoyed studying it. As heavy as the substance of the area can get - It is seriously one of the most intriguing aspects of Law. The way the law responds to particular events and the analysis that goes into the details of fact are so precise and objective - its almost like watching the most complex and extensive plot unfolding.

What do you enjoy most about studying law?I find it interesting how dynamic law is, and how much has changed. Studying law to me has largely become an exposé on how the values, ideals and ethics of society changes. It’s almost like studying bits and pieces of Psychology, Sociology and Anthropology as well - which gives the Law student a much more holistic and diverse range of insight, thus making graduates so much more adept at dealing with reality and the profession.

What do you enjoy most about Notre Dame? Being a Catholic myself- I’m one to believe that this world of

ours is in fact becoming more ‘worldly’. Firstly and foremost, I love how Notre Dame allows me to tap deeper with my faith and is a constant reminder of my foundation with God. On the university side of things- having lecturers that know you by first name basis, a close-knit community in the courtyard and a common room that’s always buzzing - you develop such an attachment for what this university possesses that other other ones do not.

What are your goals for the future?I’m hoping to work alongside a humanitarian aid organisation at some stage- hopefully even specialise in Human Rights Law and practise to that end. It’s also always been an ambition of mine to enlist as part of the Australian Defence Force in some capacity. I’d really like to compete in minor league cross-fitting if that should ever become as large in Australia and it is in the USA. Apart from the career side of things - I also do hope that having a family/ being a father is part of my vocation too.

Favourite hobby outside of uniAway from study, I spend most of my time either attempting to stay fit, working, trying to tune my culinary skills and facilitating a youth group. If I had to pick one thing that I absolutely love doing its music. I’ve been playing guitar since junior school and

picked up piano during my senior years. There is something almost therapeutic about playing music that takes me away from the hustle of deadlines and agenda. If I have a spare moment or two here and there - you can usually find me sitting amongst the keys.

Person you admire the mostI find my inspiration from too many people! But If I had to narrow it down to a handful it would have to be: a former parish priest Father Greg Morgan, the worlds fittest person Rich Froning, fictional lawyer Harvey Specter and probably the greatest of these four- My mother. It’s common for mothers to be the epitome of greatness, mine just happens to surpass that definition by successfully putting up with me! I owe my success, happiness and life to my parents and will forever be in debt of an unconditional and endless love they provide. They have built me up into the person I am- and I know of the sacrifices they’ve made to drive our family upwards. They fostered my thirst for excellence and still kindle that flame.

Adrian Vincent

the obiter, issue four, volume two 2013

15

Age: 20

Degree: Bachelor of Laws / Bachelor of Arts

(International Relations and Politics)

Current year of degree: Third

What area of the law interests you the

most?

I really enjoyed Criminal law in my first

year and would be interested in working

in litigation. I am also keen to study

Environmental law as I am perhaps also

interested in pursuing a career in that field

later on. In saying that though, I know I will

change my mind in a year’s time.

What do you enjoy most about studying

law?

To have the opportunity to study law has

allowed me to explore a number of possible

interests that I did not think I would have.

There are so many different areas that you

can major in and so many different job

opportunities available I honestly didn’t

expect to have.

What do you enjoy most about Notre

Dame?

At Notre Dame it’s always a guarantee that

you’ll run into someone you know. I have

made so many lovely friends here and will

continue to meet more. All the lecturers

make an effort to know who you are and go

out of their way to help you when you need

it. For most of the time, I actually genuinely

enjoy coming to university. It’s been an

experience that I think I will value for the

rest of my life.

What are your goals for the future?

Although I am not entirely certain as yet

which specific area of law I will be in, I am

hoping that I can work overseas, hopefully

somewhere in Europe!

Favourite hobby outside of uni

Travelling, although I am constantly caught

between being broke and trying to save, it’s

worth it.

Yasmin Thus

notre dame sydney law society

16

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.

the obiter, issue four, volume two 2013

17