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David Bamford,
Dean, Flinders Law School
Newsletter April 2010
On Monday 22 March 2010 Flinders Law School was privileged to host the Supreme Court of South Australia on the occasion of the Court hearing a Magistrates Court Appeal in the Moot Court in the Law and Commerce Building. The Honourable Justice Tom Gray presided over the hearing of a criminal appeal from the Magistrates Court. The appeal, Hebberman v South Australia Police [2010] SASC 98 was argued on two main grounds; that the sentence imposed was manifestly excessive and that the magistrate erred in failing to give adequate weight to the impact the community service ordered would have on the appellant's employment.
The hearing was open to all students and visitors and the Moot Court was filled to capacity (60). In addition to being heard in the Moot Court, the appeal was streamed lived into three further classrooms where academic staff were on hand to discuss with students the case and any procedural issues.
This opportunity complements the approach to legal education that distinguishes Flinders Law School. Flinders is almost unique in the Australian context in offering a law degree that incorporates both the academic and professional training requirements needed to gain admission to legal practice.
We are extremely grateful to his Honour Justice Gray for enabling and agreeing to the Court hearing the appeal in the Moot Court. Also on this occasion, the Law School was very pleased to welcome back two of its graduates, Lisa Ziegler (Associate to Justice Gray) and Michelle Sutcliffe (for the prosecution).
We look forward to the possibility of future hearings being held here.
Thanks must go to Deborah Ankor, our Director of Professional Programmes for co-ordinating the event.
Magistrates Court Appeal held in the Moot Court Justice Tom Gray talking with students prior to the hearing of the Magistrates Court Appeal
Supreme Court of South Australia sits at Flinders Law School
WELCOME TO NEW STAFF MEMBERS18th annual Law School Prize-giving CeremonyOn Tuesday 6 April 2010 the Law School held its annual prize-giving ceremony to acknowledge and recognise those students who had achieved significant academic success during the 2009 academic year. A total of 121 prizes and awards were presented to current students and recent graduates before an audience of family, friends, invited guests, sponsors and Law School staff in the Matthew Flinders Theatre.In her opening speech, our guest of honour, the Honourable Catherine Branson QC, President of the Human Rights and Equal Opportunity Commission and the Human Rights Commissioner, urged the prize recipients to use their legal knowledge and skills for the common good of all in our society. She highlighted the important role Australian lawyers had played in the development of human rights since the Second World War, highlighting the roles played by Dr Herbert Evatt and Dame Roma Mitchell. President Branson spoke of the need for lawyers and the legal profession to encourage and promote human rights and equality from both within and without the courtroom.It was a pleasure to welcome President Branson back to the Law School, the previous occasion being as our Visiting Judicial Fellow in 1998 during her tenure as a Justice of the Federal Court of Australia.It is also a great pleasure to announce that four of our graduates have been awarded University Medals in 2009 for outstanding academic performance throughout their law studies. Our congratulations are extended to: Lisa Ziegler, Julie Ngov, Chester Frank, and Josh Richards.
The Hon Catherine Branson QC
Prizewinners and guests at the Prize-giving Ceremony, Matthew Flinders Theatre
Mark Day
In July 2010 we will welcome Mark Day to the Law School as a Lecturer in Law.
Mark is a senior international commercial lawyer and he has been Chief Counsel and consultant for the Motion Picture Association of America for the Asia Pacific region for the last nine years.
He was an Australian Trade Commissioner for five years, and has worked for a number of major international law firms in Australia, the United Kingdom and the United States of America.
Mark speaks Mandarin and has lectured at the University of Beijing and at Zhong Nan University in Wuhan. Mark will be teaching in the topics Lawyering, Advanced Civil Litigation and Intellectual Property.
Dr Susan Breau
Susan Breau will be joining us as a Professor of International Law in July 2010.
Susan has taught at Queens University, Northern Ireland and at the London School of Economics and the University of Surrey in the United Kingdom. She has also been the Dorset Fellow in International Law at the British Institute of International and Comparative Law. Her major interest is in international humanitarian law and her doctorate, under Sir Christopher Greenwood, judge of the International Court of Justice, focused on the legality of humanitarian interventions. Her recent scholarship includes Humanitarian Interventions: The United Nations and Collective Responsibility (2005), Testing the Boundaries of International Humanitarian Law (2006), Religion, Human Rights and International Law (2007), The Kurdish Conflict: International Humanitarian Law and Post-Conflict Mechanisms (2010) as well as many articles. She also acts as consultant to a number of international organisations and is an active media commentator. She also has 18 years experience as a legal practitioner in Canada.
The first Flinders Law School on-line courseGRADUATE CERTIFICATE IN ENVIRONMENTAL COMPLIANCE
Flinders Law School is strengthening its postgraduate area of studies through the addition of a new postgraduate course. The Graduate Certificate in Environmental Compliance (GCEC) will commence in Semester 2, 2010. It will comprise four discrete topics delivered part- time over one year addressing the following areas: Environmental Law; The Principles of Environmental Compliance; Investigation Practice; and Dispute Resolution – the Role of the Courts. Three topics will be delivered on-line and the fourth will be an intensive held in Adelaide. Further information about the GCEC will be available from Associate Professor Simon Marsden ([email protected]) or telephone 8201 5802. The GCEC is a welcome addition to our postgraduate areas of studies which currently include the LLM (by thesis), the LLM International Law and International Relations (by coursework), the MA (by thesis in the area of Law or Criminal Justice) and the Doctor of Philosophy (by thesis).
Graduates and current students who are interested in commencing postgraduate studies are very welcome to contact Professor Margaret Davies ([email protected]) to discuss their options.
New Law students and ‘New-in-Law’ Program In March we welcomed our newest students. Prior to commencing their first year studies, our new law students were introduced to the Law School through the ‘New-in-Law’ program held during Orientation Week (22-26 February 2010). New students were introduced to current students, recent graduates of the Law School, academic and administrative staff members and informed of the whys and wherefores of being a law student through a series of events that culminated in a live demonstration of a witness examination. We were privileged to welcome the Honourable Justice Bruce Lander of the Federal Court of Australia who acted as counsel for the defence in the witness demonstration with Mark Rankin acting as counsel for the prosecution. Thanks go to Mark Rankin and David Worswick for organising the program and the members of the Law School’s administrative staff and members of FLSA who contributed to its great success.
Law School Graduate News
Catherine Stubberfield
It is always a pleasure to hear of our graduates’ achievements as they commence and progress through their careers.
Catherine Stubberfield graduated in 2009 with First Class Honours in the Bachelor degree of Law and Legal Practice. Catherine has been awarded a Sir John Monash Award and a Law Foundation Fellowship which will assist her to undertake an MSc at the University of Oxford where she will study the area of Forced Migration. We congratulate Catherine on her outstanding achievement.
Catherine recently commented: 'I feel very fortunate for the excellent education and support I received at Flinders and have emphasised this in recent interviews also!’
Judicial AssociatesIncreasing numbers of our graduates are being appointed as Judicial Associates. Darren Kruse, Christopher Kwong, and Claire Gitsham have all been successful in attaining Judicial Associate positions in the Federal Court of Australia and Julia Randall-Smith, Lisa Ziegler and Matt Simpson have all been appointed as Judicial Associates in the Supreme Court of South Australia.
Criminal Justice Honours students
Tom SullivanTom Sullivan completed a Bachelor of Behavioural Science (Psychology) with
Honours (First Class) in Criminal Justice in 2007. He is currently employed as a graduate at the Adelaide office of the Australian Bureau of Statistics. Since commencing, Tom has undertaken placements in the National Migrant Statistics Unit and in the Regional Population Unit. One of the projects he has been involved with includes producing an article detailing migrants’ experiences of assault and property crime in Australia.
Kristen GobboKristen Gobbo completed a Bachelor of Behavioural Science (Psychology) with Honours in Criminal
Justice and is currently working for Victoria Police as an Intelligence Support Officer within the DNA Management Unit (State Intelligence Division). Her work involves compiling and disseminating DNA Match, liaising with the courts to obtain DNA court orders for convicted offenders and the management of persons with outstanding DNA court orders so as to ensure execution of the order. A further element of her role is to liaise with police officers with regards to the administration of post conviction DNA Samples.
Human Rights Internship - Robert CooperIn 2009 Robert Cooper undertook an Internship at the Human Rights Campaign (HRC) in Washington, DC. Robert described the HRC as, 'the foremost lobbying organisation in the United States on issues affecting the lesbian, gay, bisexual, and transgendered communities. It was founded in the early 1980s, and has evolved over time to deal with a range of issues from discrimination, to marriage equality and HIV/AIDS. It also runs a number of outreach, education, and coalition building programs. However, it is not purely focused at the national level, a reflection of the powers still maintained by states, such as the regulation of marriage, and local government, such as outlawing discrimination at the county level. Rather, the HRC lobbies at all levels of governments, on issues from the Don’t Ask, Don’t Tell policy of the United States Armed Forces, preventing openly homosexual persons serving, to campaigning for equal benefits in health-care and taxation. During my time I researched a number of issues, including Don’t Ask, Don’t Tell, hate crimes, and marriage equality. It was a wonderful experience to see how a lobbying organisation actually works, especially in the theatre of American politics.’
Robert Cooper at theUS Supreme Court
Professor David Bamford with new law students
Representatives of Flinders Law Students’
Association
CRICOS No. 00114A
Flinders Law Students’ Association (FLSA)
First Year DinnerIn Week 2 of Semester 1, FLSA hosted a dinner at the Duke of York Hotel to welcome all first year law students.
As is usual, the dinner was exceptionally popular and well attended with our students occupying the entire outdoor area of the hotel. The dinner provided a further opportunity for students to meet their new colleagues in a more social atmosphere.
The FLSA Equity FundSemester 1 saw FLSA launch a second hand book sale that has enabled students to deposit their used books for purchase by other students. This inaugural book sale was a tremendous success and approximately 200 books were sold. A small handling fee charged on each book sale is deposited into ‘The FLSA Equity Fund’. Interest earned from the Fund and the revenue received from the book sale will be combined to assist students to attend conferences and social justice events. A further book sale will be held in Semester 2.
STAFF AND POSTGRADUATE STUDENT SEMINARSThe seminars are held from 1:00-2:00pm on Tuesdays in Room 2.18 in the Law and Commerce building.
11 May 2010: Robert Hayes (UWS)‘The Assessment of Risk in a Civilised Society’
18 May 2010: Jessica Viven‘Separation of State and Religion: Lifting the Veil on French Dressing’
25 May 2010: Eva-Maria Svensson (Gothenburg)Chair: Margaret Davies‘Nordic and Australian Feminist Legal Studies: A Comparison of Key Questions’
1 June 2010: Elizabeth Handsley‘Regulation of Food Advertising to Children on Non-Broadcast Media’
‘Making their MARRC’ From Refugee to AdvocateMembers of the Law School were closely involved in the recent public conversation 'Apart of and Apart from: young refugees’ experience of Australia'. This event was jointly organised by the Flinders’ Migration and Refugee Research Cluster (MARRC) and the Don Dunstan Foundation, and held at Flinders University Victoria Square. MARRC is convened by Law School academic Deslie Billich.
A full house watched the first public screening of 'Never Forget', a short film written and directed by Flinders Screen Production student Yasmine Ernst. The audience then joined in a broad ranging discussion facilitated by Greg Mackie OAM, the Deputy Chief Executive of the Department of the Prime Minister and Cabinet. Film-maker Yasmine led the discussion along with Flinders law students Stephen Tongun (who played the main role in the film) and Khadija Gbla. Stephen, an active member of Adelaide’s Sudanese community, is passionate about using film and music as communication tools for refugee and immigrant youth. In 2005 he received an award for his work investigating the educational dilemmas faced by Sudanese students. Stephen is the President of Flinders African Students’ Association, of which he and Khadija were both central to establishing. Khadija is the youth leader of the Sierra Leone community in South Australia. Her wide range of community service has been recognised by numerous honours including a Channel 9 Young Achiever Award in 2009.
Upcoming eventsElliott Johnston Tribute LectureElliott Johnston QC AO was a Supreme Court Judge, Foundation Staff Member of Flinders Law School and Royal Commissioner into Aboriginal Deaths in Custody.
The annual Elliott Johnston AO QC Tribute Lecture named in his honour will be held on Tuesday 18 May 2010, at Flinders University Square, 182 Victoria Square, Adelaide commencing at 5.15pm (for 5.30pm).
The speaker for 2010, Mr Shaun Berg of Berg Lawyers will deliver the lecture 'Coming to Terms: Aboriginal Title to Land in South Australia'.
If you would like to attend the lecture please RSVP to the Dean's Secretary (Sandra Brooks or Joanne Nesbitt) on telephone 8201 5542 or email to [email protected] by Tuesday 11 May 2010.
Law Graduates Dinner, 2010The Law School will be organising a 2010 Law Graduate Dinner to be held on Friday 30 July 2010 at the Adelaide Pavilion (Veale Gardens, South Terrace). All students who will have completed their law degree between 1 July 2009 and the 31 July 2010 will be invited. A letter of invitation from the Dean will be sent out approximately six weeks prior to this occasion.
10 Year Reunion - Year 2000 GraduatesThe Law School is planning to hold a 10 year reunion for those law students who graduated in the year 2000.
If you would like to receive more information about this event please ensure that your current contact details are updated with the University's Alumni Office and then register your interest with Colleen deLaine, School Development Officer via email: [email protected]
L-R: Sergeant Trevor Smith (SAPOL), Greg Mackie, Khadija Gbla, Yasmine Ernst, Stephen Tongun
[Photo courtesy of Don Dunstan Foundation]
