purely dictaissue 1, 2015

The Melbourne Law School community is rich in artistic and literary talent. We have both been blown away by the late-night, creative procrastination of our peers while serving at the helm of Purely Dicta in 2015.

This edition, like others before it, pays homage to its Editors’ journey of discovery. We are delighted to take you, the reader, behind your peers’ public mask of competence, polish, and commercial awareness, into the thoughts, dreams, and fears that occupy some of the most inspiring minds we have ever had the pleasure of studying along-side.

It brings us great joy to present to you this year’s Purely Dicta Magazine. Its creation has been an inspiration and a privilege, and we thank you for the opportunity.

Nathan Van As and Eve Lillas, Purely Dicta Editors 2015.

letter From the editors

CONTENTSA Day In The Life.............................................................................................................1Drea Tran

Paying for Legal Rights.....................................................................................................3Timothy Sarder

Disney Land.......................................................................................................................5Sarah Goddard

The Struggle is Real..........................................................................................................7Phoebe St John

Food for thought..............................................................................................................10Katie Sharp

At The Movies with Tom Monotti................................................................................11Tom Monotti

A Moment with Arlen Duke...........................................................................................13Louise Kelly

Torts Man..........................................................................................................................15Phoebe Williams

Bali Bible............................................................................................................................19Sophie Snow

24 Hours in Hobart..........................................................................................................21Sophie Snow

How We’ve Come To Accept Casual Racism..............................................................23Jessie Huynh

Huxta*nerder.....................................................................................................................25Amy Fogarty

Adam Goodes...................................................................................................................27Charlie Stephens

Animal Pictures.................................................................................................................29Nathan Van As

Acknowledgments............................................................................................................31

Image by M

ario Klingem

ann

A DAY IN THE LIFEDo you guys ever have those days where it feels like it’s only a Tues-day but it’s actually a Friday and you’re wondering to yourself where the week/month/year went as you start to quietly hyperventilate about your future into a croissant? No? Just me? That’s cool, guys—no big deal.

But, seriously. Law school is a crazy challenging, maybe even excit-ing, time for us law students. It’s when the library becomes a (literal) second (maye even first, depending on the time of year) home, and you start seriously considering setting up a cot (or building pillow fort because I’m sure there are more pillows in the law building than

there are people) in the level 3 study area because it’s cheaper than paying rent (and I think there are showers on level 9¾).

Law school is crazy; it’s stressful—it’s crazy stressful. But it’s also fun (although, after 3 years in the JD, maybe I’m not entirely sure what that word means anymore?) and it honestly goes by way too quickly. If you don’t stop and look around once and a while, you could miss it. So dudes and dudettes, how do you spend your days? Hopefully more productively than how I spend mine.

by DREA TRAN

7:02 AM It is taking every fibre of my being not to hit the snooze button for the second—okay, sixth—time.

7:03 AM The great debate: should I shower or sleep an extra 15 minutes? If I scrub myself down with babywipes—that’s pretty much like taking a shower, right? If it works at Golden Plains, it can work at law school.

7:08 AM Bed is the best. It’s so warm AND cosy. Like—really cosy. If I could, I would marry my bed.

7:15 AM Fine, I’ll do it—I’ll shower. You’re welcome, person who sits next to me in class and/or anyone who will be within a 3m radius of me today. You’re welcome.

7:32 AM I’ll just quickly check my e-mail and Facebook while I dry off. Ooo! A Buzzfeed Quiz, and thank goodness because I have always wodnered which Indiana Mole Woman from ‘Unbreakable Kimmy Schmidt’ I’d be.

8:15 AM Got out of the shower almost 45 minutes ago and still hanging in my towel. Being an adult is pretty cool. In case anyone’s wondering, I’d be Kimmy Schmidt.

8:26 AM To tram or to bike? Still not over getting a tram fine last year. Where were you when I needed you, Julian Burnside? This reminds me: find ‘Where Are Ü Now,’ bury it deep in ‘Guilty Plea-sure’ playlist, play on repeat, and if anyone asks—you have no idea how it got there.

9:02 AM Who’s got two thumbs, speaks limited French, and re-grets registering for classes with 9:00AM starts this semester? This moi.

9:03 AM New Word document ready. Time to get my class notes on! Going to note take so hard mutha-truckers gon’ fine me. Oh yeah! This semester, I’m going to be so on top of it. Eat your heart out, Anesti.

9:17 AM I wonder what’s happening on Facebook. Just one scroll through while we wait to talk about that one case, then it’s back to Note-Taking City, population me.

10:00 AM Did someone say ‘15-minute coffee break’?

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10:01 AM Looks like I’m going to have to ask someone about the principle of that case because—where am I? What class is this? How did I get here? I’ll be able to pay better attention after some coffee.

10:15 AM Alright, I’m ready to get back to the note taking party now. I’m all Facebooked out. I got my fill. I’ve got a fresh coffee, I’ve stretched my legs. Let’s do this!

10:48 AM I did it, I made it almost 45 minutes without check-ing the Internet. Turning off Wi-Fi was a good decision. But you know what’s an even better decision? Playing that dinosaur game on Chrome with the Wi-Fi off. High-score city, here I come!

11:16 AM I’m starving. Is anyone else starving? Is it too early to inhale a couple rolls of sushi from that one place downstairs? Or should I get a nutella donut?

11:18 AM Por que no los dos? I’m doing it. It’s happening. I’m going to wash down my coffee with sushi and wash down my sushi with a nutella donut. This is a delicious idea. What could possibly go wrong?

11:30 AM 5 minute break. Go Speed Racer, Go! First one to soy, ginger, or wasabi wins!

11:36 AM Coffee, sushi, and donuts? I’ve had better ideas. Well, I’ve made my delicious bed. Now I must sleep in it.

12:00 PM Class is over? I’ve got a couple of hours until I volun-teer. Maybe I should go read on level 3?

12:38 PM Ran into some people from my LMR that I haven’t seen since last semester because we’re all taking different electives now! Can you believe how quickly 3 years have gone by? I can’t believe we’re graduating.

12:39 PM ERHMAGERD—we are done at the end of the year? Does this mean adulthood is nigh? If so, I’m going to need to find me an adultier adult ASAP.

1:00 PM I love LSS BBQs because I love sausage sizzeles because I love food. Plus, BBQs > grad applications.

1:00 PM until 5:00 PM Volunteering makes me feel good about what some refer to as my questionable life decision to become a lawyer. Like— really, really good.

5:29 PM Home at last. Time to crack the books and study some law. Making a responsible choice for my future.

5:30 PM If I watch Netflix with a casebook open next to me—that’s still counts as studying, right?

7:00 PM I’ll study after dinner.

7:35 PM Maybe I’ll just clean my room first. Then I’ll read!

11:45 PM Don’t know who I was kidding, but I’ll catch up on read-ings tomorrow before class. Or I’ll read on the tram! That’s doable. I’ll totally do it. Goodnight, world!

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What’s the price of the right to appeal? For Public Trans-port Victoria, it’s $137, the difference between an on-the-spot fare of $75 and the standard fine of $217 for fare evading and other public transport infringments.

On the spot fines were introduced on August 10, 2014, with the intent, according to PTV, to ‘check more tickets, and penalise more fare evaders’. PTV claims the benefit to paying the fine upfront is that ‘passengers won’t have to leave their name and address,’ and will receive a low-er fine. However, there is another important difference – that you revoke your right to appeal if you pay the fare on the spot, whereas you maintain that right if you defer payment.

I posted about the change on Facebook, and received many interesting replies on the topic. One contact wel-comed the change, stating ‘I can’t see how people are worse off under this system than the old one’. His rea-soning is not without merit. Now, fare evaders have the option of a cheaper fine that did not exist before.

Rather than only comparing it to the previous system, it’s important to look at the outcomes of this policy in terms of what they mean for the public. Clearly, PTV would prefer the fine to be paid upfront.

PAYINGfor

LEGAL RIGHTSBy Timothy Sarder

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On PTV’s objective policy statement displayed around train stations and tram stops the use of a green heading above the on-the-spot fine emphasises it as the ‘easier’ option when responding to infringement notices. Addi-tionally, the image is misleading about the right to appeal; the on-the-spot fine can actually be appealed with the public transport ombudsmen.

Prior to the introduction of this measure, the vast major-ity of appeals were actually succesful. According to the Age in 2014, since the introduction of Myki, of 109 chal-lenges regarding infringements to the Magistrates Court only 23 ended up paying the fine. PTV had been with-drawing cases that they might not win, and it appears this new measure was simply introduced to avoid the trouble of courts and legal processes entirely.

Others responded to my Facebook post with the follow-ing statements: ‘I also hate how people have to decide whether to give up their legal rights on the spot’ and ‘scaring people into giving up their rights is precisely the strategy’.

The on-the-spot fare can only be paid through one means; EFTPOS. One friend mentioned an experience of offering $75 upfront in cash, but was refused and told they would still have to pay the larger fine. Crucially – and perhaps this is one of the key structural issues with this policy – one cannot agree to pay the $75 fine later; it has to be immediately paid on the spot.

A close friend of mine was willing to pay the $75 fine, but could not spare that amount immediately. They wanted to wait to get assistance from friends/family to pay it, but were refused. Now, they will have to pay the $212 fine. In this way, the system also discriminates against the poor; if you can’t afford to pay the upfront fine, you par-adoxically will have to then pay a larger fine. This doesn’t make sense at all when the majority of fare evaders will be people on lower incomes. I’d imagine a fairly common experience of not having a Myki card would be when someone loses their wallet, and is therefore unable to pay for an on-the-spot fine.

Full disclosure – my perspective on this issue comes from my own experience. I was fined for resting my leg on the seat. I had, the week before, severely injured my ankle and was told by a doctor to keep it elevated. Because of this, I didn’t pay the upfront fine, as I had a valid reason to appeal it. But when the fine rolled around, I realised the appeal procedure would be too arduous and just ended up paying a larger fine.

‘A LOT OF PEOPLE HAVE BEEN BLUFFED INTO PAYING $75 ON THE SPOT INSTEAD OF GOING TO COURT’ – JULIAN BURNSIDE QC

The appeal process must begin through a letter – there is no easily accessible online portal or form. This ex-perience made me realise the counter-intuitive nature of the policy. People who have no defence to their infringe-ments will be more likely to opt to pay the on-the-spot fine than those who are unsure of their legal status. On the other hand, those who potentially have a valid de-fence are forced to pay a higher amount in the long run due to their hesitance to pay the upfront amount in a grey area. As a result, it seems outright offenders are punished less harshly than those in more uncertain circumstances.

Julian Burnside QC has been critical of the system as a bullying measure. On July 2 this year, he successfully challenged a Myki fine for a commuter who had mistak-enly touched on. In August, September and October last year, of the 73,148 fare evaders who were issued a tick-eting notice, only 17,699 paid the $75 option. This figure shows thet vast majority are still not choosing to pay on-the-spot, disputing any claim to it being an efficient, easy option to pay the fine.

It is not clear whether the policy will continue to stand as is. What is clear is that this is a system that unfairly discriminates against the poor and attempts to discour-age people from exercising one of their fundamental legal rights- the right to appeal.

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IT’S A PLACE wHERE DREAmS COmE TRUE. IN THE HEART OF FLORIDA, IT’S THE HOmE OF mICkEY mOUSE, mONORAILS, PIxIE DUST, PRINCESS CASTLES, SwAmPS, ALLIGATORS, LONG wORkING HOURS FOR mINImUm PAY, ExCRUCIATING HEAT AND OVERwHELmING HUmIDITY. AH, IT’S jUST mAGICAL.

IN 2010 I wORkED FOR THE mOUSE IN A mERCHANDISE SHOP FOR SIx mONTHS, ExPERIENCING BOTH THE BLISTERING COLD AT THE START OF THE YEAR AND THE SwELTERING HEAT FROm APRIL ONwARDS (BREATHING wAS SOmETImES A LEGITImATE STRUGGLE). wHILST THERE wI wAS PRIVY TO THE SECRETS OF THE mOST mAGICAL PLACE ON EARTH.

THERE ARE mANY THINGS THE COmPANY DOES BEHIND THE SCENES TO ENSURE THE PARkS REmAIN DISCONNECTED FROm REALITY:

Disney WorlD

sarah GoDDarD

Image by Joe Penniston

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The magic starts with the staff: Disney employees are all referred to as “Cast members” and wear “cos-tumes” instead of uniforms. Customers are referred to as “guests”, not just at the hotels but on all Disney property. If we were in view of the guests we were “on stage,” to give us a sense of being part of the show. Newspapers aren’t sold in the parks, because who really wants to read up on international affairs when you could be meeting Buzz Lightyear?!

If you walk through any of the Disney parks you’ll notice how clean they are. Whilst this can mostly be attributed to cast members, there is also a quirky fact behind the cleanliness. When Walt Disney opened his parks, he observed guests to figure out how long people would walk in search of a trash can before they littered. The result? 27 steps. As such, there is a trash can every 27 steps throughout the parks.

I can confirm there is a vast tunnel system right under the Magic Kingdom park. There you’ll find cafes and eateries for the cast members, offices and costume offices for characters and other cast members. Rumour has it that the tunnels were built large enough to fit the park at capacity in the event of a hurricane.

Disney cast members will always use the “Disney Point” when giving guests directions. The Disney Point is pointing with both the index and middle fingers. There are two theories behind this. The first is because it is more polite, particularly to some Asian cultures. The more interesting theory? Walt Disney was a heavy smoker and thus often pointed out fea-tures of the parks with a cigarette between his index and middle finger.

During the Summer months Florida literally becomes a sauna. As such, a typical shift for a character whose costume has a mask (such as Mickey) involves working twenty minutes on stage at a time, with a twenty min-

ute backstage break in between appearances. They get paid for the full hour (this is why being Mickey Mouse is always a good idea).

Whenever a cast member is on stage, a cheesy grin is absolutely mandatory. Unless you work at the Haunted Mansion, that is. The Haunted Mansion is the only park attraction where cast members can get away with being grumpy or sad (they are working amongst ghouls after all). Needless to say, a lot of people really enjoyed their rotation at the Haunted Mansion.

The number one rule if you are a masked character is that you can never remove your character’s head. There were whispers during my program that a cast member who played Minnie Mouse was terminated (Disney’s version of being sacked – comforting) for removing her Mouse head because she was – wait for it – pushed into the river by a rogue child (there are so many at the parks). Whilst most of the evidence supporting this story would be deemed hearsay in court, it would not surprise me if it were true given Disney’s strict protocol when it comes to “putting on the show”.

One of my favourite attractions in the Magic King-dom was Space Mountain – a pitch black rollercoaster with speckled lights which made you feel like you were in space (funny, that). Once your eyes become a little more accustomed to the dark, you can faintly make out the structure of the rollercoaster – and boy, it is very compact. There was talk amongst the cast mem-bers that when a guest rode with his hands above his head on Space Mountain he didn’t come out the other end with all of his fingers. Again, hearsay, but quite a compelling story given how close the different tracks are above each other.

And with that, I leave you with the quintessential Dis-ney farewell – have a magical day!

Image by Joe Penniston 6

Law school pals, I’m calling a group meeting. Gather around the dinner table. Pull up a chair, help your-self to an espresso martini, take a complimentary cro-

nut, and put away your goddang iPhone. Right, are we all here? Fabulous. HI. We need to talk. Not about the latest episode of the Bachelor, or that flared pants are back, or the fact the level one fridge is about as grotesque as a 4am Brunswick gutter (who’s rice milk is that?).

We’re a family here at Melbourne Law School, and a family shares their feelings, even when they’re not particularly awe-inspiring or extraordinary, and especially when they’re ones you’d rather hastily stuff to the back of your closet, like last season’s crop top micro trend. There’s something I need to discuss with you all. It’s a topic that has been brewing as long as it sometimes feels like a soy chai latte does in the 10am Porta Via queue. I was diagnosed with generalised anxiety disorder last year. Talking about it makes most people uncomfortable, because it’s enor-mously personal information to absorb. I’d imagine telling some-one you have anxiety evokes a similar atmosphere to when you’re at a house party and someone reveals that their favourite band is Nickelback. Only, it’s your mental health, so people can’t exclaim and cover their ears or scoff or back away quietly or change the topic to Donald Trump’s luscious toupee. Most react supportively and calmly, but sometimes there is an element of awkwardness because it’s difficult to know what to say, and how to say it. Yes, having anxiety is wonderfully difficult to admit to, because there’s that fear you’ll be judged, or even just treated differently the next day. So, usually it’s easier to pretend you’re fine – to your friends, to your family, to the random guy on the tram witnessing you stress-eat an entire packet of Twisties, and above all, to yourself.

There was no one thing that triggered my anxiety. It was more like life just suddenly got too overwhelming. There I was, a wide-eyed, stressed-out first year, battling to balance four subjects, a hectic part-time job, extra-curricular activities, a boyfriend, a social life, family commitments, health issues, that inevitable law school pressure, and still somehow being told to dedicate time to ‘re-lax’. Slowly, I began withdrawing from my family, cancelling plans with my friends. Trying to pretend I was happy took too much strength. Attempting assignments seemed like falling into quick-sand, hobbies no longer had appeal, and every expression of love and support slid right off me. It was like I couldn’t feel anything anymore. The panic attacks began- in supermarkets, while driving, in my bed, at the Toff, on trains, in the level 2 toilets, and even, to my horror, in the middle of a Property class. Every day seemed too tough, each hour felt like an Everest. My chest was used to pounding, my palms continuously sweaty. Then, one insignificant weekday, the thought of walking down my street to the bus stop terrified me. I was too scared to leave my house, let alone contem-plate mustering the energy to haul myself to university. The con-dition became too debilitating to function; relentless dread con-sumed my brain. Anxiety was crippling my life. And that’s when I realised I couldn’t pretend I was coping anymore.

Phoebe St John

Image by Mario Klingemann

the struggle is real: having anxiety at law school

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Having the perfectionist, Type-A, typical law student per-sonality that I do, I found it excruciatingly shameful to ad-mit to my loved ones that I needed help. Not only did the icy grip of anxiety paralyse my days, but to add a whole other layer of torment, I would actually guilt myself for feeling this way. My life was amazingly privileged, safe, and full – how could I possibly confess that my days felt unbearable, that I was afraid of everything – when there were people all over the world who were suffering so much worse? My stupidly high expectations wouldn’t let me accept that something was wrong. I defiantly resisted every treatment my doctor and psychologist gently proscribed, because ad-mitting that I was struggling felt like defeat, like I’d failed somehow. To make things worse, I would hyperventilate every time my face tingled and heart raced; the classic signs of a panic attack in its infancy. Yes, that’s right, my panic attacks gave me panic attacks. I achieved peak panic. I was literally freaking out that I was freaking out. It was basically something out of Inception. You’ve got to hand it to me. Like many budding lawyers, I don’t do things in halves.

Upon reflection, it is so magnificently depressing to anal-yse why I felt the way I did. How have we got to this point that we beat ourselves up for not coping? Why is it that we equate struggling with failure? What does that say about us? Why do we put so much pressure on ourselves? I’ve be-gun to wonder how many fellow ducks exist here at Pelham St – calm from above, but furiously paddling to stay afloat beneath the surface.

When law students support each other, the vibe around Pelham St imaginably mimics that of Tony Abbott at a Speedos’ convention – there’s a lot of love in the room. But when assignments pile up and deadlines loom and the exams tundra rears its ugly, unsolicited head, the stressful environment we create for each other can be so damaging. We joke about being anxious to the point that our hair falls out, and freely laugh off breakdowns and late-night crises. So many of us turn a blind eye to our emotions, because we’re too busy trying to keep up. I know the Juris Dogtor is great and all, but there’s only so much good one fluffy therapy pup can do.

“Anxiety was crippling my life. And that’s when I realised I couldn’t pretend I was coping anymore”

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The thing is, once I got over my irrational shame of finding life too mountainous, acknowledging I had anxiety became a huge relief. Rather than punishing myself for not under-standing something in class that day, for not having time to see my boyfriend’s parents for dinner, or even just for having a really crap day, accepting that there was a name to explain how I felt meant accepting that my feelings were le-gitimate – that I wasn’t alone in being overwhelmed. Rath-er than enduring yet another restless evening hallucinating about failure, I began making time to rest and relax; to do something for myself and only for myself.

I’d love to say that these days I wake to a 6.15am spin class, recite Mother Theresa quotes in front of a mirror, and then inject kale into my veins, but that would be a lie of Belle Gibson proportions. I go to Zumba classes because shim-mying to ‘Uptown Funk’ alongside fitness nuts, school mums, and elderly Vietnamese women is one of the great-est pleasures known to man. I limit alcohol because I don’t like the way it makes me feel, but put me in front of a pear and goats cheese pizza, and my life gladly transforms into an episode of ‘Man vs Food’. I study some pretty ridiculous hours, but I also hit the d-floor on a Saturday night, make

time to hang out with my family and boyfriend, sleep in, and go on massive Netflix binge streaks. I visit a psycholo-gist a few times a month, and words cannot describe how outrageously awesome it feels to finally talk to someone. There are still anxiety-ridden days where I can barely face getting in the shower, but those moments are fewer and more far between.

So, what’s so special about my story? Well, the reality is, nothing. I’m just another student here at Melbourne Law School, sitting in your 2pm Criminal Law seminar, hiding behind my armour of patterned pants, winged eyeliner and enthusiastic lunchtime chats. It doesn’t matter what grades you get, how many friends you have, what shoes you wear, how much money’s in your bank account or what your In-stagram looks like. Mental health does not discriminate. Law students aren’t superhuman wunderkinds; we’re only flesh, blood and bone. If we don’t look after ourselves, we fall apart. Can we all please kick the stigma of anxiety right in the guts? The air in here can be suffocating. There’s noth-ing wrong with struggling to breathe. It’s okay to not be okay. It begins with giving yourself a break.

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Image by I’m Already Trying My Hardest

Food For ThoughTKaTie Sharp

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I almost gave this film 4.5/5. I used to believe that there was no such thing as a perfect movie- one cannot award a film the full five stars, ever. However, I decided that Pix-ar’s latest animation spectacle, Inside Out, returns Pixar to its true form, crafting a film that is accessible to all au-diences while having a strong emotional core. There were three instances when I almost cried watching this film. It is so endearing to watch Riley (Kaitlyn Dias) as she copes with moving to a new house, in a new city, and to a new school. Her five inner emotions, embodied by Joy (Amy Poehler), Fear (Bill Hader), Anger (Lewis Black), Disgust (Mindy Kaling) and Sadness (Phyllis Smith), all try to manage the transition. But when Joy and Sadness are ejected from the control centre to Riley’s brain, it is left to Fear, Anger and Disgust to try and help Riley, with disastrous results. Meanwhile, Joy and Sadness try to get back to Riley’s brain to provide balance.

There are several moments of brilliance in Inside Out. One is the writing of the characters, especially Riley’s personified emotions. Pete Doctor brilliantly manages the emotions, giving them enough range without com-promising their core characteristic. The dialogue between the emotions requires a meticulousness that is evident on the screen. All the actors give great performances - ku-

dos goes to Amy Poehler for maintaining the energy that characterises Joy’s optimism.

Secondly, the world of Riley’s head is beautifully realised. One particular instance has Joy and Sadness navigate through Dream Productions, which resembles a Holly-wood set, to create ‘films’ that are Riley’s dreams when she sleeps. Another is a prison where all the nightmares of Riley’s imagination are locked away.

Finally, there are the Pixar-isms that make these movies so great to watch. A magnificent short film accompanies the feature, and its theme song is available on Youtube (complete with lyrics). There are also the Easter Eggs that dominate the film, such as the Pizza Planet truck from Toy Story. Apparently, one scene contains a reference to Pixar’s next film, The Good Dinosaur, coming out later this year. I will certainly undertake repeat viewings in this regard.

After a few misfires (such as Cars 2), Pixar is back to true form. I am confident it will appear in next year’s Oscars.

INSIDE OUT - 5/5

Image by genovic.com

AT THE MOVIES WITH TOM MONOTTI

Image by dji: diogo m

achado

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Wild Tales is an Argentine film and a nominee for Best Foreign Film at the Oscars this year. It is an anthology of six short stories, all dealing with conflict and revenge. In each tale, writer-director Damian Szifron starts with a sit-uation we can relate to- for instance, the nuisance of slow drivers on the road. From there, he proceeds by adding additional layers of drama, propelling the narrative to the verge of absurdity.

Each tale must be watched with tongue firmly in cheek. It is a bit like Cards Against Humanity, where one person contributes a joke that people cry out to be ‘too real’. As a wise friend once told me, sometimes such jokes pass over the ‘valley of ‘too real’’ and reach the other side to be funny again. This is a matter of perspective. Regrettably, what prevents this film from attaining the full five stars are those moments that, for some, are too close to the bone and distasteful. You have been warned.

Szifron’s witty screenplay finds no need for exorbitant ex-position. We are thrust into each situation, Javier Julia’s camera-work telling the story. Each story is profoundly different, with every character fresh and original. Szifron is not a man who applies one voice to his characters. He has a brilliant palette of human experience that he applies

to his canvas. As a result, he attains great performanc-es from his entire cast. Inherent in the narratives is the socio-political backdrop of Argentina’s corrupt govern-ment, from the justice system to towing services, which adds another layer to the film. Szifron may begin with real characters, but he retains self-awareness and mocks these situations, so we are never sure how each story will be resolved.

Wild Tales is a fascinating film and one that movie-lov-ers should look out for. The difficulty in this film is that there is so much I want to say without saying too much. My advice is to go and see it, without knowing too much!

WILD TALES - 4.5/5

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wHAT ARE YOUR BEST mEmORIES FROm YOUR TImE AT LAw SCHOOL? wHAT wOULD YOU HAVE DONE DIFFER-ENTLY?I enjoyed the freedom that came with being a universi-ty student, even though it is obviously a time when one works very hard. In terms of what I would have done differently, I would have chosen elective subjects based more on my interests rather than second guessing what the firms were looking for. I now know they are looking for students who perform well across a range of subjects, whatever those subjects may be.

wHAT wAS YOUR ExPERIENCE LIkE AT mINTER EL-LISON? wHAT wAS THE mOST VALUABLE LESSON YOU LEARNT THERE? I really enjoyed my time at Minter Ellison. It is a great firm to work for and had I decided practice was for me, I am sure I would still be there (assuming they would still have me!). I received excellent mentoring and worked with a lovely and supportive group of people.

wHAT PROmPTED YOU TO RETURN TO THE UNIVERSITY AS A LECTURER? I was fortunate in that Minters allowed me to work part-time so that I could take on some sessional teaching work (teaching Contracts). I absolutely loved teaching and when I was fortunate to be offered a full-time position at Melbourne Law School I jumped at the chance.

wHAT wOULD BE YOUR DREAm SUBjECT TO TEACH? IF YOU COULD DEVELOP A SUBjECT FROm SCRATCH, wHAT CONTENT wOULD IT COVER AND HOw wOULD IT BE AS-SESSED? This may sound boring and uninspired but I love teaching Legal Method and Reasoning. The small class sizes allow me to really get to know students and the fact that there is no grade attached to performance makes for a very pleas-ant teaching experience.

A momentwith

Arlen DukeBy Louise Kelly

Image by M

ario Klingem

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WITH A BREADTH OF EXPERIENCE FROM HIS TIME AS A STUDENT, PRACTITIONER AND NOW TEACHER OF THE LAW, ARLEN DUKE IS MELBOURNE LAW SCHOOL’S GOD-FATHER OF CONTRACTS. WE SOUGHT SOME PEARLS OF WISDOM FROM THE MAN HIMSELF.

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HOw DO YOU THINk STUDYING ECONOmICS HAS SHAPED YOUR APPROACH TO STUDYING THE LAw AND YOUR RE-SEARCH INTERESTS? My primary area of research is competition law – I chose this area as it allowed me to draw on both the law and economics. So, studying economics absolutely shaped my research interests.

wHAT AREAS OF COmPETITION LAw OR CONSUmER PRO-TECTION LAw DO YOU THINk ARE mOST IN NEED OF RE-FORm? I would like to see reform in the area of consumer law enforcement – to facilitate claims by private individuals. There are also issues surrounding enforcement against those who exploit vulnerable groups (such as the elder-ly or the disabled). Such groups may find it difficult to give evidence before a court and thus there is a risk that exploitation goes unpunished.

YOUR TEACHING STYLE, OF wHICH I Am A HUGE FAN, IS NOTORIOUS-LY EFFICIENT – IS THIS SOmETHING THAT HAS EVOLVED THROUGHOUT YOUR TImE AS A LECTURER? It has indeed. I try to reflect on what I liked and did not like about my lecturers. I also like that I teach the same subjects most years as it en-ables me to reflect on my approach and learn. Marking exams provides lecturers feedback on the extent to which they have managed to convey complex concepts.

wHO wAS YOUR FAVOURITE OR mOST mEmORABLE TEACH-ER? wHAT mADE THEm SUCH AN INFLUENTIAL EDUCA-TOR? My favourite lecturer was Robert Chambers. He taught me Property Law, a subject feared by most students when I was studying. He was so clear, his lectures were very structured and, as he was Canadian, we didn’t have to read Mabo!! My most memorable teacher was Fred Ellinghaus. You had to purchase the textbook from Fred, cash only. His methods of promoting class discussion were interest-ing to say the least. He would bring a soft toy (a Mel-bourne Football Club demon if I remember correctly) and throw it, at random, at the class. Whoever the demon hit had a choice – they could answer the question or throw it at a fellow classmate. When that failed, he would whip out a $20 note to get discussion going!

wHAT ARE SOmE OF THE mOST ABSURD ExAm ANSwERS YOU HAVE SEEN IN YOUR TImE AS A TEACHER?This is a tough one. I did have a student answer an entire Obligations exam referring only to privity. I thought to myself, if I was going to learn one topic inside and out, it would not have been such a complex one

IF YOU wERE CURRENTLY A jD STUDENT, HOw wOULD YOU APPROACH THE COURSE wITH ALL THE PRESSURES STUDENTS FEEL TODAY? HOw DO YOU THINk THE jD IS DIFFERENT FROm YOUR ExPERIENCE OF STUDYING LAw? I think there is more pressure on law students today. First, the job market is much tighter and there are far more insti-tutions offering law degrees. Second, as I studied a com-bined degree I did not have to study four law subjects at once (I was meant to towards the end of my degree but

I solved that problem by stretching out my time at University by a year). The JD course structure, whilst intense, is much more integrated and there is a much great-er focus on subjects developing particular skills than when I studied my LLB.

HAVING jUST PUBLISHED ‘THE EmPIRE wILL STRIkE BACk: THE OVERLOOkED DImENSION TO THE PARALLEL ImPORT DEBATE’, wHERE IS YOUR RESEARCH HEADED NOw? I continue to be interested in competition policy surrounding parallel import laws

and have also recently published articles dealing with re-form proposals put forward by the recent Harper Review into Competition Law. At the moment I am working on a new edition of the Contracts casebook and textbook with Andrew Robertson and Jeannie Paterson. I will be on long service leave in the first part of next year to help my son settle into school – I am very much looking forward to spending more time with him and taking a break.

‘I absolutely loved teaching and when I was fortunate to be offered a full-time position at Melbourne Law School I

jumped at the chance.’

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veryone’s favourite winter getaway destination, Bali is easy to get to, affordable and fun.

Avoid the winter blues next year and start planning your mid-year Bali getaway now. Or, if you’re really impatient, maybe you’re just going to jump on that plane come mid-sem break in September. Either way, we have rounded up a few of our fave Bali hangouts here to get you excited.

Crate Café:Definitely a place to see and be seen in Canggu, Crate serves up amazing smoothies (including a funky triple-lay-ered hot pink number) and Melbourne-style egg dishes to cure your hangover blues. Be warned though – if you aren’t a hot European surfer (and let’s face it – you live in the law library for 9 months of the year) you may want to retire to the safety of an umbrella and admire the crowd from behind your biggest pair of sunnies.

Betelnut:Just down the road from Crate, Betelnut is the place to come when you want to feel virtuous. Maybe you’ve just been to yoga and want to continue your health kick, or maybe you just want to pretend you’re a raw vegan for the day. Regardless – the food is fresh, colourful and cheap. If you’re a secret sweet-tooth don’t fret – there is a giant cab-inet of cheesecakes to offset all those veggies.

Desa Seni Yoga:A stunning resort in itself, Desa Seni hosts a variety of yoga classes every day. With mats, water and lemongrass tea provided, all you have to do is turn up and reap the bene-fits. Angela is a goddess, so be sure to try one of her class-es. Desa Seni also runs a variety of workshops and retreats.

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Bali BiBle

Sophie Snow

Sardine:If you’ve always dreamed of dining in a rice field whilst sip-ping on an Arak lychee martini, you will find heaven inSardine. The sardines are, of course, a highlight.

Sarong:Indian/Thai/Asian fusion….whatever they’re doing, they’re doing it right. Trust us – you wont regret this one.

Potato Head Beach Club:By now Potato Head is a Seminyak institution, and it’s easy to see why. Amazing views, delightful drinks, great food and regularly hosting world-class DJ’s…no trip to Bali is com-plete without a few big days (and nights) at PHBC!

Chill Spa:There are countless spas in Bali, and while they all compete for the cheapest prices, Chill takes a different approach. Fo-

cusing on reflexology, your experience at Chill will begin with a cleansing foot wash. Follow the therapist into what resembles a futuristic business class cabin, where you lay on a comfy daybed. Put on your eye-mask, switch on the iPod with relaxing tunes they provide, and chill!!

Old Man’s Canggu:Old Man’s is like the poor man’s (or law student’s) potato head. It’s a lot less glam but just as fun – a casual place to watch the sunset with a few drinks and dance the night away.

The W Hotel Brunch:Perhaps the most hyped hotel in Seminyak, the W definitely knows how to do a Sunday brunch. Splash out for the un-limited alcohol option and settle down for at least 3 hours of solid feasting and drinking…after all, you’re not at the Law School and that’s definitely something to celebrate.

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assie always seems to get a bad rap from us Melbournians. But a little weekend getaway down South may be all you need to change

your mind on that front!Only an hour away, Hobart is the perfect place to head for a night of art, food and wine.

Your Itinerary:Kick off your adventure by hopping on the ferry to the Museum of Old and New Art (MONA). It’s definitely worth splashing out for the VIP ferry pass so you can sip champagne the whole way there – if you drink enough, you may even con-vince yourself you are cruising the Med. Who needs Europe?!

Spend the morning wandering the special exhibi-tion – right now it’s an awesome Marina Abramovic retrospective exploring her incredible contribution to the world of interactive and performance art.

When hunger strikes, head to the ‘Cellar Door’ for a snack and some Moorilla wine – MONA’s own

vineyard. After lunch, explore the rest of the muse-um, and don’t forget to spend some time at James Turrell’s ‘Amarna’ on the rooftop.

As the sun begins to set, jump back on the ferry to the harbor for a few more champagnes en route to dinner! ‘Ethos’ is like dining in your grandma’s house with a Scandi/minimalist twist. The food is outstanding – all locally sourced – and the bread is so good you’ll want to take a loaf home.

The next morning, hit the Salamanca markets along the beautiful Hobart harbor – a perfect place to buy trinkets and wander round chatting to the friend-ly craftspeople. Pick up a coffee and meander the stalls, and hit the pub for a relaxed Sunday lunch before heading back to the airport.

Offering food, wine and culture – Hobart is the perfect destination for your next getaway! 24 hours in this magical city will leave you feeling fresh and rejuvenated, and ready to face the law library again!

24 Hours in HoBart

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The function of the artist in a disturbed society is to give awareness of the universe, to ask the right questions, and to elevate the mind.

– Marina Abramović

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HOW WE’VE COME TO ACCEPT CASUAL RACISM

BY JESSIE HUYNHIm

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As a first generation Vietnamese-Australian born and raised in Melbourne, I would hazard a guess to say it has been a little easier for me to assimilate into Australian culture than if I had moved here later in life. My parents migrated to Australian in the late 1970s during the Viet-nam War. They lived in the South, but were forced outof the country by the Viet Cong.

Growing up with immigrant parents made fitting in a lit-tle tougher. It was the little things about my upbringing that stood out. I was never taught proper table manners, my family never had a typical Sunday roast and education was viewed with the upmost importance. Although it was tough trying to figure it all out, I managed to grow up relatively unscathed.

That’s not to say that I haven’t experienced a deluge of casually racist remarks growing up. I’ve been labeled ev-erything from ‘Bok Choy’ to ‘Kim Jong-Il’.

Have you ever played the game ‘Who would play you in a movie?’ Without a doubt, every time I’ve played this game, Jackie Chan would always be the first name to pop up, despite the fact that I’m a girl and less than half his age. Is there no one else? Please don’t say Lucy Liu. Or how about this classic line: ‘she can’t drive because she’s Asian.’ If someone could explain the correlation between race and the ability to drive, I would applaud them, and ask them to do my math homework (also a question I’ve been asked numerous times).

Almost everyday I encounter these similarly racist slights and time and time again, I choose not to react. Why? Be-cause it’s easier that way. It’s easier being the person who can laugh at herself and brush it off. The person who dresses up as Kim Jong-Il for a UN Summit themed 21st. But I can’t help but feel that every time I do so, I’m per-petuating these stereotypes even further.

I didn’t come here to complain about all the unfortunate things my skin colour or my eyes have burdened me with. I’m here to point out the fact it has become convention to condone casual racism towards other cultures. Cul-tures that may be considered a little different from the ‘norm.’ And we accept it. But what makes me different, and you…normal?

Just the other day, I was in a group assignment meeting and one of my partners turned to the other and said (re-ferring to another girl), ‘she’s like you and me…white.’ It didn’t offend me, but it drew a line in the sand; one that I’ve been trying to cover up my entire life. By cover up, I mean perpetuate these stereotypes to the point where I am continually the butt of every Asian joke. It’s easier that way though; it gets the laughs and it alleviates the sting of the insult just a little. It’s a tug-of-war I constant-ly play with myself – stand up and go against the grain, or laugh along and do my bit to go unnoticed. Usually I choose the latter.

I have come to understand that perhaps certain cultures, like mine, aren’t ready to protest, for the fear of being socially persecuted. I am certainly aware that that’s the current predicament I find myself in. It’s ironic because I offer a solution and yet I find it difficult to follow my own advice. I realise that whilst my self-deprecating humour is a defence mechanism, it is damaging. I have become a product of my western socialisation and this in turn, has caused me to stray far away from my immigrant heritage. Although it is tempting to persist with this behaviour, it only exacerbates the casual racism we experience and wit-ness everyday.

When we begin to realise the ramifications that these ra-cial slights have, we may be able to change this all too common behaviour in society, and alleviate the struggles of integration for future generations.

‘I realise that whilst my self deprecating humour is a defence

mechansim, it is dam-aging’

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HUXTA*NERDER

You would be forgiven for never thinking about law students as you freely consume your Huxtaburger of choice. However, if you can manage to get your mind past the butter lathered bun and crinkle fries, you may realize that there is really not much setting the JD–ers apart from these trendy burgers.

Allow me to introduce you to your classmates, in edible form:

Behold the burger that makes up the majority of us students. Hux-taburgers are pretty standard fare. But there is comfort in knowing what you are getting, with no hidden surprises, and so they are proba-bly the most popular burger. These burgers go to every class, do most of their readings, and dabble in and out of the library. They get lunch from MoMo Su-shi, their backpack is a Herschel and their shoes are Nike Frees. They are pretty smart, with consistent grades. They probably haven’t lost a night’s sleep over a crappy mid term mark, but nor are they getting emails from the Dean inviting them to lunch.

Huxtaburgers are popular, reliable, dependable, and pretty hard to dis-like. Go burger!

More qualified and expensive that your standard Huxtaburger, the Theo is like a, a Huxtaburger that has done a summer internship at the UN. There are only a few of these burgers in each year level. That Dean’s lunch you mentioned? Consider them a VIP. ‘Most of the readings’? Ha. They did ‘most’ of them over Jan-uary at their beach house in Sorrento. Once semester starts, they are polishing off week five’s cases for the third time, whilst on the train darting between mooting and their job as a paralegal. Some people might find this burger a bit too much. Except that they are good at everything, including being popular. They typi-cally have more Uni friends than their average exam mark (cough, 90). They can fit in four coffee dates a day with acquaintances begging for a catch up, but please excuse them for being rushed as they have to run an STS tute at lunch time.

With all the extra toppings, the Theos have a lot on their plate.

What would a law school be without a vegetable burger, and here at Melbourne, this group of burgers is statistically strong. Passionate and vocal? Welcome to the family. Politics, ethics, global warming, Caitlyn, health, sport, even down to the type of pen brand you are using, Sondra burgers love an opinion. Most law school burgers are opinionated, but it’s the neck-vein-popping, hyperventilat-ing passion of the Sondra’s opinions that make them stand out. Often their passion and commitment is admired — this little soy product is not one that a meaty burger can just push aside. They are intelligent (spot a trend here.. #lawschool), and not afraid to let you know it. Sondras practice what they preach (and preach often).

All burgers in the law school acknowledge and accept the freedom of speech, but throw the Sondra a timely topic and watch as they grill the other burgers right off the barbecue.

The huxTaburgerbeef paTTy, musTard, mayo, TomaTo sauce, TomaTo, cheese, leTTuce, pickles.

The Theo The huxTaburger wiTh bacon, double paTTy, double cheese, bbQ sauce.

The sondra Tofu burger wiTh sesame soy mayo.

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HUXTA*NERDER

If you order this burger unaware of its contents then SURPRISE the Denise will shock your system. There are two kinds of burgers in De-nise’s group. We have all met both.

The first type finds the workload ‘too much’. They did ‘oh my god NONE of the readings’ and they found the exam ‘completely impossi-ble, totally choked it!’ Then come holidays when they start to leak their incredible exam mark to you other burgers, SURPRISE! So spicy and unexpected. Funnily, often the other burgers know exactly what to expect of them, but the Denise likes to think they fall victim to their jalapenos.

The second type of Denise is genuinely unexpected. These burgers don’t actually do the readings. They tend to miss one or two classes per week, and begin their exam notes roughly four days before they sit it. Whilst the other burgers put their glasses on and get comfy at their desk on a Sunday morning, these Denises are probably crawling out of Lounge into a cab. Are they going home? No, they are going to Revolver. Exactly like the other Denise: BOOM, straight H1’s.

Don’t underestimate the Denises of law school or you’ll be caught unawares by their spicy spice.

The Clair stands out from its beefy peers. Other burgers often think about trying the Clair, but deviating to an unfamiliar cut of meat is usually too risky for the comfortable Huxtaburger, or the proud Theo. The name Porta Via means nothing to them and their coffee is more likely to have come from Admiral Cheng Ho’s in Abbotsford. Perhaps it is not even caffeine but home-brewed kombucha instead. You probably won’t find them in the library, as their breaks are spent at the Acne store in the city, amongst ridiculously attractive friends who finished Uni aeons ago. What are they wearing? Can you mimic their style? Sure. Do you own insanely expensive Y3’s? And if your plain white T-shirt came from a boutique in Copenhagen, then join the club. They are the epitome of cool, yet painfully smart. Their class notes written in leather bound A5 notebooks all semester typically re-sult in impressive grades.

The Clairs are worlds apart from the Huxtaburgers, Theos, Sondras and Denises of Law School, but help to complete the delicious spread of our JD community.

The denise huxTaburger wiTh Jalapeno and sri-racha mayo.

BY AMY FOGARTY

The clair souThern fried chicken, slaw and mayo.

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BY CHARLIE STEPHENS

ADAMGOODES

As a distinctly average junior footballer running around chasing a footy in the suburbs of Melbourne, the number 37 was proudly displayed on my back. The pre-cocious rising star from Horsham had set my imagination alight with his athleticism and unparalleled ability to win a game off his own boot. Over the following years, Adam Goodes took me through the highs and lows of a pas-sionate Swans supporter, transitioning in the meantime from a raw talent to one of the all time greats of the AFL.

Whilst the aura of infallibility around all of our heroes is eventually shattered, the manner in which Goodes has

been character assassinated and driven from the field upon which he made his own has been deeply upsetting and nothing short of deplorable. Whilst I would never profess to begin to understand the complexity and depth of emotion Goodes must be enduring through this peri-od of his life, it is manifestly clear that he is suffering. We pride ourselves upon the fact that ours is a game where all sections of the community are able to come together as one and show support when needed. Goodes certainly needs it now.

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AOf course, part of the innate attraction of all sports is its capacity to create heroes and villains, both on and off the sporting field. Yet after decades of watching the nation’s game, there has not been a player that has incited as much vitriolic ridicule as Adam Goodes. The booing of Good-es has insidiously become ingrained within the match day viewing experience for a vast swathe of the crowd. This begs the question - to what crime is Goodes charged with that demands this weekly character assassination?

After a week of reading some of the venomous com-ments on Facebook and sections of the media it appears the common argument sprouted by those seeking to jus-tify their actions centres upon the fact that Goodes is a ‘sook’. The perception is that he is a man of question-able character who has sought to promote his own im-age above all else, an egocentric individual who seeks to maintain constant publicity and accolade.

Upon kicking a goal in a win over Carlton during the AFL’s ‘Indigenous Round’, Goodes had the ‘audacity’ to perform a dance premised upon Indigenous culture, a dance that concluded with the throwing of an imaginary spear at the crowd. Columnist and broadcaster Andrew Bolt suggested on the 7:30 Report in the past week that a ‘war dance’ of this kind has no place in our sport and is needlessly provocative. Far from inciting violence, this act served to illustrate Goodes’ pride in his culture and its history. This dance was perceived as divisive by Mr. Bolt - a deliberate effort to segregate Indigenous and non-In-digenous people in a binary manner. In the aftermath of this event crowds caustically booed Goodes with more intensity and passion than ever before. Such constant heckling served to propagate the notion that his expres-sion of culture went counter to what society deems ap-propriate and what is expected of Indigenous footballers.

Broadcaster Alan Jones has sought to perpetuate the idea that the 13-year-old girl who compared Goodes to an ‘ape’ had no concept of the connotations of the word to a proud Indigenous man. Whilst this young girl did not deserve to be singled out and publically humiliated, this incident has become representative of a broader seg-ment who have engaged in far worse racially denigrating remarks. Indeed, ‘go back to the zoo’ was the catchcry of one West Coast fan during the match which ultimately proved to be the straw that broke the camel’s back as far as Goodes is concerned. In this day and age to go to a game of football and witness rabid supporters refer to the man you idolised as a ‘petrol sniffer’ is quite simply unacceptable.

The zenith of anti-Goodes sentiment was reached with his richly deserved accolade of being named Australian of the Year in 2014. On this day, Goodes became the most prominent face of Indigenous culture within Australia. His mission in the following 12 months was to work with troubled Aboriginal youths, promoting education and leadership as well as being a passionate advocate against family violence – a scourge he witnessed as a child. On this day he transcended mere sportsperson and became a beacon of hope for progress on indigenous issues.

Whilst many maintain that their discontent towards Goodes is purely premised upon his personality, that they don’t appreciate the manner in which he carries himself on the field, their vociferous abuse is about so much more than football. Booing Adam Goodes has connota-tions far beyond the man’s personality and actions once he crosses that white line. Sport has presented a medium through which those of Indigenous descent can press forward an agenda of recognition and inclusion, a mantle upon which Goodes has decided to place his legacy upon. Whilst it is inevitable that Goodes will never garner the same level of public love and sympathy as many other heroes, Indigenous and otherwise, his cause is one that merits considerable public support and encouragement. Not booing and abuse.

My fervent hope is that this controversy ignites a level of public discourse that moves beyond Adam Goodes to focus on why Aboriginal life expectancy is 10-17 years below the national average. In the light of such damn-ing statistics, surely instead of destroying the man with relentless bullying, irrespective of your opinions of him as a footballer, he should be celebrated for seeking to fur-ther the cause of Australia’s Indigenous population. The time has come for those who take refuge at sporting are-nas, under the cloak of anonymity, and engage in bullying and racial vilification of the most cowardly kind to think anew and celebrate Adam Goodes for the champion he is - both on and off the field. G

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Acknowledgments

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EDITORSEve Lillas

Nathan Van As

COPY EDITORSophie Snow

WRITTEN CONTRIBUTIONSLouise KellyAmy Fogarty

Phoebe St JohnCharlie StephensTimothy SarderPhoebe Williams

Drea TranSophie Snow

Sarah GoddardJessie HuynhTom Monotti

ARTISTIC CONTRIBUTIONSCover by Molly Trumble

Katie SharpChase Blatman

Phoebe WilliamsI’m already trying my hardest

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purely dicta, issue 1, 2015