MONDAY 4 MARCH 2013

De Minimis
Official Newspaper of the Students of Melbourne Law School Volume 3, Issue 1

www.mudeminimis.com

MLS Jessup Team Powers Through to Semi-Finals

Doug Porteous

The Jessup 2013 team made it through to the semi-finals of the 54th Philip C. Jessup International Law Moot Court Competition, with team member and second-year JD Doug Porteous earning Best Oralist in the Australian Rounds. The Melbourne Law School team, consisting of Nicholas Boyd-Caine, Rachel Macleod, Sophie Molyneux, Doug Porteous and Shawn Rajanayagam, spent the summer preparing and arguing a case in the worlds largest mooting competition, with over 550 law schools in more than 80 countries participating. The Melbourne team went undefeated until the semi-finals, scoring second highest in the preliminary rounds. The journey ended after a very close moot against the University of Sydney in the ACT Supreme Court. Sydney went on to defeat the University of Western Australia in the Grand Final, held in the High Court before a bench presided over by the Honourable Justice J.D. Heydon. This years competition was beset by a large number of administrative errors, resulting in an incorrect finals draw. A number of universities were unwilling to re-run the finals, and the International Administrators eventually decided that UNSW and Murdoch University should join Sydney and UWA at the International Rounds in Washington, D.C., to be held from 31 March 6 April 2013. The Melbourne team presented an exhibition moot earlier in January 2013, presided over by the Hon. Michael Black AC QC, former Chief Justice of the Federal Court of Australia. Other members of the bench were the Hon. Justice Marcia Neave AO of the Supreme Court of Victoria Court of Appeal; the Hon. Ray Finkelstein QC, former justice of the FCA; the Hon. Bernard Bongiorno AO, former justice of the Victorian Court of

THE MLS JESSUP 2013 TEAM. FROM LEFT: DOUG PORTEOUS, RACHEL MACLEOD, NICHOLAS BOYD-CAINE, SOPHIE MOLYNEUX, SHAWN RAJANAYAGAM. PICTURE: MLS

Appeal; and MLS Associate Professor Margaret Young, who was also the Jessup teams faculty adviser. The exhibition moot bench were unanimous in their praise of the students quality of oral arguments, in addition to the quality of their written memorials. This years problem involved two fictional states, Alfurna and Rutasia, in a dispute before the International Court of Justice and a wide array of subject matters climate change, statehood, laws of asylum, human rights and sovereign debt. The competition required the teams to make submissions on four issues, both as the applicant and as the respondent. The question revolved around whether Alfurna, which had to abandon its home islands due to climate change, could remain a state with only a restrictive lease over another island (maybe); whether the Alfurnans who arrived il-

legally in Rutasian waters had a claim for prospective status in international law (no); whether their treatment by Rutasia, where many Alfurnans fled, and a proposed transfer to a third country violated international law (absolutely); and whether the seizure of Alfurnas assets following its default on a loan was legal (nobody knows). The Jessup team expressed their thanks to (the Hon.) Alex Maschmedt, a final-year JD student from last years Jessup team, and Professor Young, for their support, constructive criticism and insight into international law. MLS students can see the Jessup team present selections from their submissions at the LSS Mooting demonstration at 1 p.m. on Tuesday, 12 March, in the Moot Court on Level 5.

2 FEATURES
First Year Focus

De Minimis mudeminimis.com Volume 3, Issue 1

The Continuation of the Legal Species

Ella Simmons
First-year Ella Simmons has just begun her law studies at MLS. This is her personal perspective on surviving the first few weeks. In just over two weeks, the new firstyear JDs have transformed from brighteyed and unaware individuals, nave and somewhat fearful of the intricacies of law school life, to a cohesive cohort, ever victorious in the battle against excessive reading, lack of sleep and code one word limits. Or so we think. Arriving at Orientation Day was a sickening throwback to the first day of school. (Is it still OK that my mum packed me lunch?) But whether by accident or administrative genius, the sardine effect resulting from attempts to pack 350 students into the foyer while we each took a name tag, gave us an opportunity to make friends and breathe a collective sigh of relief that we wouldnt spend the next three years alone. GM15 seemed much less intimidating with a group of friends. After meeting our professors and the MLS support staff, who succeeded in imparting the message that help is out there for when, not if, we needed it, we were treated to a student panel, who gave us some valuable, if sometimes contradictory, advice about study habits, working and interning, and most importantly, how much they get to see daylight. Their message was: get involved, get passionate, get into it. We were also lucky enough to meet our Pathfinders who helped us find our way to the BBQ and later to the pub, as well as to get to know our LMR group. Then we were given our LMR readers, and a life of BBQs and bantering amicably about politics (ie. my Bachelor of Arts degree), came crashing down before our 542 pages of reading. But it wasnt that bad. Our LMR teachers were inspiring and genuinely helpful, and somehow after two weeks I do feel like a have a solid grip on the basics, and Im ready for more! I also feel like Im part of a group of dedicated students who will help each other through the hard times. Weve already been out for drinks, gone salsa dancing and trivia night is coming up. If nothing else, the past few weeks have taught us the importance of friendship in keeping your sanity, and that I also have a crush on Justice Kirby.

First Years Survive Law Camp

Nicholas Baum
Activities Directors Nick Jane, 23, and Andrew Frawley, 22, returned safely yesterday from Law Camp 2013. The camp was fantastic, said first-year student Raoul Renard, 23, his comments reflecting widespread acclamation for the camp held for new JD students. Thomas Richardson, 22, described it as a magical blur. Jane seemed tired but relieved when he spoke to De Minimis Sunday evening. Everything that needed to be done, got done, he said, and the students were well-behaved. We hold high hopes for this year level. The students left at 1 p.m. Friday in two coaches and a 25-seat minibus, with many committee members car-pooling separately to carry supplies and prepare the site. They returned early Sunday afternoon. 135 first-year students and 24 Law Students Society committee members attended the latest edition of the annual camp, held for the past four years at Camp Kangaroobie in the Otways. This years camp was held earlier than other camps, coming in between the end of the introductory subject, Legal Method and Research, and the start of the semester proper. LSS Vice President Lewis Cohen, 22, approved the shift as a good idea, saying it helped students make new friends in relaxed environment. Students competed in a trivia competition, a table tennis tournament, and on Saturday ventured down to Port Campbell beach. Accomplished Melbourne DJ and second-year JD student, Otis David, 23, played for the students on both Friday and Saturday evenings. Culinary Director John Azzopardi, 23, prepared a sophisticated menu that included huxtaburgers, slow-roasted lamb and mixed salads. Overwhelmingly the catering was a success, Azzopardi said, pointing out that it was enjoyed by all and came in under the previous years food budget. Renard described the food as a highlight. Tessa Sidham reports next week on Law Camp food.

Second Year Focus

Deadline: Jakarta
Melissa Peach
Second-year JD Melissa Peach spent six weeks of summer interning for international legal firm Herbert Smith Freehills in Jakarta, Indonesia. This is her story. Its a country with legal issues as diverse as its ethnic groups, whose status as a foreign investment darling sets the stage for a range of corporate dramas. Located in the heart of the Golden Triangle, you maneuver through the crowd vying for a spot in the lift, and finally make it to your floor. Work begins, and you negotiate your way through cases, contracts and documents. Remember how hard it was to master legalese in English? Do it in Indonesian. Deadlines are coming up. These docu-

ments are urgent. Youre so engrossed in your projects that you forget to take lunch. You look at new laws, old laws, corruption and current affairs. You begin to see people, places and events through legal eyes. You see inequality, but progress; degradation, but development; corruption, but morality. This place is a paradox. You stay late and work weekends with the other lawyers, who always maintain a positive, upbeat attitude, reminding you that its okay to have a sense of humor. Time flies until the very end, where you look out at the Jakarta skyline as you clutch your drink in your hand, dazed and mesmerized by the beauty and insanity of the city.

De Minimis mudeminimis.com Volume 3, Issue 1

FEATURES 3

Changing of the Guard

DM Appoints New Editor, Farewells Founder Emma Shortt

Nicholas Baum
Dean Edwards, 26, today unveils the first issue of De Minimis for 2013, his first as Editor. Edwards, who worked as a writer for De Minimis in 2012 and has worked in newspapers at a school, university and professional level, was elected to the position by De Minimis staff in October of last year. He replaces Emma Shortt, 25, the inaugural editor of the revived student newspaper, who has returned to Canada having completed her JD in just two years. Shortt worked tirelessly from late in 2011 to establish a community newspaper for the Melbourne Law School. The original De Minimis ran as a weekly publication in various forms from 1948 1976. In the first edition of the newspaper last year, Shortt outlined her purpose as being to inform students of the goings-on at the Melbourne Law School, including weekly events, perhaps a gossip column, study tips, and opinion pieces on anything and everything. Asked this week about her experiences editing the paper last year, Shortt described the interest and support from fellow students as amazing, but warned the 2013 team to be aware of deadlines for assignments, which made putting a volunteer newspaper together very difficult. She congratulated Edwards on his appointment, saying that she hoped his experience in publishing can give the paper a stronger direction and maturity. Edwards wrote for De Minimis throughout 2012, including interviews with faculty members and spotlights on key events at the law school. He credits Shortt not just for her initiative but also her hard work managing the newspaper. We at De Minimis are indebted to Emmas vision and hard work, he said. He described his goals for 2013 as to continue the task begun last year, to get more people involved, and produce better, edgier content that our readers will love. Retiring staff writer Bronwen Ewens said Shortt was the ideal editor, giving writers free rein, support and understanding, and obtaining generous funding from the Graduate Students Association. Columnist Charles Hopkins, 23, who is also stepping back from the newspaper this year to give other students opportunities, praised Shortts courage in pursuing the newspapers revival, and her selflessness in assembling a team and allowing them to contribute their own ideas and voices. Interested in Writing for De Minimis? We are having an information session in Week 2 of Semester. There will be food.

Fostering Global Ties, MLS Hosts Chuo Summer Exchange

Reegan Grayson-Morison
Twelve Japanese students studied comparative law in an Australian environment, part of the MLS Asian Law Centres (ALC) Chuo Summer School program, held from 18 February 1 March 2013. Mal Smith, the ALCs founder, established the program in an effort to promote international exchange and foster an interest in comparative law amongst students in both Australia and Japan. The ALC has hosted Chuo students nine times since the inaugural program launched in 2005. During the program, Japanese students are given a rare break from the tedious study for the bar exam and are exposed to diverse ways of legal thinking through a program of lectures on specialist legal topics, such as cross-border transactions and intellectual property law, as well as through site visits to the courts and law firms. There are not only benefits for the Japanese students: they interact with their Australian counterparts, who learn about the Japanese legal system and benefit from meeting young lawyers they

THE ASIAN LAW CENTRES CHUO SUMMER SCHOOL PROGRAM PARTICIPANTS VISIT THE FEDERAL COURT OF AUSTRALIA IN MELBOURNE. PICTURE: REEGAN GRAYSON-MORISON.

may work with on future international transactions. The students social connections were further strengthened over a few beers and experiencing the real Melbourne with trips to St Kilda, White Night and the night markets. These interpersonal connections are seen as central to the Australian government as highlighted in the Asian Century White Paper. The ALC sees programs such as this exchange as a

possible model for other universities.

More information about the ALCs Chuo Summer School is available online at http://www.law.unimelb. edu.au/1BB9E3A0-BC48-11E1BFE60050568D0140.

4 FUN
Agony Aunt

De Minimis mudeminimis.com Volume 3, Issue 1

Hopelessly Infatuated
Dear Agony Aunt Im on a committee with someone I really like at Uni. I think hes flirting with me, because hes always sitting next to me, touching, laughing at my jokes (which is sadly not due to my meagre comedic timing). What should I do to let him know Im keen and want him to ask me out? Hopelessly Infatuated Dear Hopelessly Infatuated, Your Aunt Beryl is here to give you love, but tough love. As sisters in the twenty-first century, we are no longer bound by the gender norms of the 1870s or even the 1970s. You can, in this day and age, take the lead. To do this, start small and build up. First, gauge interest by, at committee meetings, sitting down after him, and not next to him. If he moves and sits next to you, we can consider that an indicator of interest. Second, when he touches you, dont flinch or press into it. Make it seem like you havent even noticed. Third, tell only the worst Dad jokes, while keeping your already stellar comedic timing. From his responses to your pulling away, you can calibrate your next steps. If he still shows cautious optimism, hes keen (or clueless). If he cools in his ardour, he was never really interested. As long as hes not being creepy, you can dole out your next eticements. Respond to his entreaties, laugh at his jokes (no matter how bad even better if you actually find them funny), smile, twirl your hair. All this is advice your Aunt Beryl would have given you in 1991. Its 2013. Youre a big girl; youve got your own mind and can obviously speak it. How about this, hey, if you asked me out, I would say yes, or this, Im keen lets hook up, or even more direct, I would like to take positive steps towards you seeing me naked. You came for advice, and here it is: dont be afraid to get it wrong. If hes keen, hell laugh at your efforts and keep being friendly, not like a brother. If you spend your time consoling yourself by watching The Notebook, eating a tub of ice cream and crying, but do not take any action, your Aunt Beryl will be very disappointed in you. Sincerely, Aunt Beryl

QUIZ
1. Which film won the Academy Award for best foreign film this year? 2. Which country is currently considering proposals to completely ban pornography? 3. Which country is known for farming and eating guinea pig? 4. What does the term eagle signify in golf? 5. Who wrote The Great Gatsby and which director is releasing a film adaptation this year? 6. In which country did Che Guevara die? 7. What is the Russian word for porridge? 8. If you have broken your phalange, what have you broken? 9. When was the last time a Pope retired? 10. Which is the saltiest sea in the world? Answers below. 1-3 points: Your general knowledge is second to some. 4-6 points: Well done, old bean. 7-9 points: We are impressed. 10 points: Do you want to write quizzes for De Minimis? (Seriously)

SUDOKU
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Puzzle 1 (Easy, difficulty rating 0.38)

Upcoming Events
GSA Queer Mixer - Tuesday, 5 March, 5 - 7 pm, Tsubu Bar, RSVP: queer@gsa.unimelb.edu.au

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9 5 2 6 8 1 2 4 5 4 2 1 5 7 4 8

GSA Cinema on the Lawn Life of Pi, 7 pm, Western lawn of the Graduate Centre (1888 Building) Discussion on JD Acceleration - Tuesday, 12 March, 1 - 2 pm, G08

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JD Town Hall Meeting Tuesday, 19 March, 1 pm, GM15

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retired on 4 July 1415 10. The Dead Sea.

QUIZ ANSWERS. 1. Amour 2. Iceland 3.Peru 4. A score of 2 under par for a hole 5. F. Scott Fitzgerald and Baz Luhrmann 6. Bolivia 7. Kasha 8. Your finger or toe 9. 600 years ago, Gregory XII

Generated by http://www.opensky.ca/~jdhildeb/software/sudokugen/ on Sun Mar 3 08:08:37 2013 GMT. Enjoy!