OEEICIAL NEWSPAPER OE THE STUDENTS OE MELBOURNE LAW SCHOOL

DL MlNlMlS
MONDAY, JULY 30, 2012 Established 1948, Revived 2012 VOLUME 1, ISSUE 14
W
z
The Baillieu`s government`s
decision to retain the Victorian Charter
oI Human Rights and Responsibilities
has been welcomed by the legal
community.
Recommendations oI a
Liberal/National dominated review
body, the Scrutiny oI Acts and
Regulations Committee (SARC), have
been rejected.
However, the government has
deIerred a decision on the operation oI
the Charter in the courts until it
receives legal advice
Attorney-General Robert Clark
said in light oI recent High Court
andCourt oI Appeal cases the
government
requires Iurther advice.
Mr Clark said the government
would also consider possible inclusion
in the Charter oI additional rights Irom
the International Covenant on Civil and
Political Rights.
The Law Institute oI Victoria
supports the Government`s decision to
retain the Charter and said it appeared
that the Government had listened to the
overwhelming evidence provided to
support the beneIits oI the Charter Ior
all Victorians.
LIV President Michael HolcroIt
said many lawyers breached a
'collective sigh oI relieI Iollowing the
announcement last week.
Mr Holbrook highlighted that 95
per cent oI submissions received by the
SARC supported retention oI the
charter.
Public Interest Law Clearing
House executive director Eiona McLeay
agreed that the Government had made
the right decision and had taken
community Ieedback on board.
"As a service that provides Iree
legal services to some oI the state's
most disadvantaged people, we have
seen Iirst-hand that the Charter has led
to better quality public services and
Iairer outcomes Ior our clients,"
MsMcLeay said.
Author
The Charter`s Here to Stay. For Now
BRLAKlNG NLWS
World 1
st
Place Finish for Melbourne Uni Space Law Moot Team
The Iniversily of Melbourne Lav School's mooling leam has laced 1
sl
in lhe World in lhe IALSA Sace Lav Mool.
Team members Nick aum, }ono McCoy, en Muller, and }ack Nelson beal oul Cambridge Iniversily in lhe final
round on Iriday 27 }uly, al 3m Hong Kong lime.
The final mool vas |udge by Dr Vernon Nase and Professor Ra|esh Sharma of lhe Cily
Iniversily of Hong Kong. Comeling for lhe alicanls vere Cambridge Iniversily's MsAlinaSviderska and Mr
Chris Sergeanl, vilh Nick aum and }ono McCoy as resondenls.
The mool lasled for a gruelling 2 hours, and included exchanges such as:
COINSLL: Your Lxcellency, if I can |usl have lhirly seconds for lhis final oinl.
|Lxlended ausej.
DR NASL: Oh yes. I vas |usl losl in lhoughl. Your argumenls`
When asked hov lhey fell aboul lheir lo lace finish, lhe leam resonded, We are over lhe moon!
The Inlernalional Air and Sace Lav Associalion
-Lmma Shorll
Champinnship Trnphy wnn by Nick, Jnnn, Bcn, and Jack.
The University oI Melbourne Law School`s mooting
team has placed 1
st
in the World in the IALSA* Space Law
Moot.
Team members Nick Baum, Jono McCoy, Ben Muller,
and Jack Nelson beat out Cambridge University in the Iinal
round on Eriday 27 July, at 3pm Hong Kong time.
The Iinal moot was judge by Dr Vernon Nase and
ProIessor Rajesh Sharma oI the City University oI Hong Kong.
Competing Ior the applicants were Cambridge University`s Ms
Alina Sviderska and Mr Chris Sergeant, with Nick Baum and
Jono McCoy as respondents.
The moot lasted Ior a gruelling two hours, and included
exchanges such as:
COUNSEL: 'Your Excellency, iI I can just have thirty seconds
Ior this Iinal point.
Anders Breivik and the Land of Luxury Prisons
The Championship Trophy won
by Nick, 1ono, Ben, and 1ack.
|Extended pause|.
DR NASE: 'Oh yes. I was just
lost in thought. Your arguments?
When asked how they
Ielt about their top place Iinish,
the team responded 'We are over
the moon!
Emma Shortt
*The International Air and Space
Law Association
This week marks the one-year anniversary oI Anders
Breivik`s mass murder oI 77 people in Norway. Breivik, a right-
wing extremist, is due to be sentenced at the end oI August, when
Iive Oslo court judges must decide whether he should be
considered criminally sane and sentenced to prison, as requested
by his deIence, or instead Iollow the prosecution's line and send
him to a closed psychiatric ward. Breivik insists on his own
sanity and has said that liIe in a psychiatric ward would be a Iate
worse than death`.
II he is sentenced to prison, however, Breivik can expect
living conditions so pleasant that they have called into question
the emphasis the Norwegian justice system places on
rehabilitation rather than punishment.There are no liIe sentences
in Norway and the maximum jail sentence Breivik could Iace is
21 years.
But do the compassion and high-mindedness go too Iar?
In Halden, many prisoners are not just vicious criminals, but
hardened ones, repeat oIIenders who seem to give the lie to the
ideal oI rehabilitation. Yet they too can buy wasabi at the prison shop
iI they have a craving Ior sushi, receive overnight visits Irom loved
ones, record music in the prison`s mixing studio and beneIit Irom
Iree English lessons (this option is popular with non-Norwegian
prisoners; the Norwegian inmates all speak perIect English).
To date, Breivik has been held at Ila, a high-security prison
that has already converted one wing so it can be used as a miniature
hospital. In any event, wherever he goes, he will be held apart Irom
the other inmates. Lest he suIIer Irom loneliness, Ila oIIicials are
already exploring the possibility oI hiring people with whom he can
play chess and sport.
It seems that people will need payment to have suIIicient
incentive to associate with him. Already, some Norwegian prisoners
have expressed reluctance to have anything to do with Breivik. At
Halden, one oI Norway`s highest-security jails and the Ilagship oI the
Norwegian justice system, where the inmates include all kinds oI sex
continued page 2
Monday, July 30, 2012 |VOLUME 1, ISSUE 14|
De Minimis
2
oIIenders as well as murderers, everybody wants to take him out`, according to one prisoner.
In the event that Breivik serves his time at Halden, and assuming he receives the same treatment as other prisoners, his cell will
have its own Ilat screen TV and its own bathroom, complete with the kind oI IluIIy towel usually Iound in luxury hotels. Prisoners have
their own Iridges, cupboards and desks and the enormous, unbarred windows give views oI beautiIul pine Iorests. The pleasant conditions
are oI a piece with the Norwegian emphasis on rehabilitation and the absence oI liIe sentences. The rationale is that civilised prison
conditions will enable inmates to return to society as better people. Prisoners are encouraged to spend time with their guards, all oI whom
are university-educated, with majors in ethics, law and human rights.
Bronwen Ewens
August 1, 2001 - US 1udge Installs Ten
On August 1 2001, ChieI Justice
oI the Alabama Supreme Court Roy Moore
had a large monument oI the Ten
Commandments commissioned and
installed in the Alabama Judicial Building.
What Iollows is a bizarre case oI a member
oI the elected judiciary so IaithIul to a
2400kg granite block oI tenets that he
reIused to remove it despite orders Irom a
Iederal judge, eventually leading to a
lawsuit and his own removal Irom oIIice.
ChieI Justice Moore consistently
deIended the propriety oI the monument in
his courtroom, explaining that the
Commandments were there to establish
the moral Ioundation oI our law`. At the
oIIicial unveiling, he declared that this day
would mark the return to the knowledge oI
God in our land`.
Unsurprisingly, the monument
generated political controversy and
litigation soon Iollowed. Organisations
such as the American United Ior Separation
and Church, and State and the Southern
Poverty Law Center, among others, Iiled a
lawsuit against the District oI Alabama
asking Ior the granite block to be removed,
arguing that it clearly sends a
message.that the government encourages
and endorses the practice oI religion in
general and Judeo-Christianity in
particular`. Arguments advanced included
evidence that people had begun treating the
courtroom as an area oI prayer, and lawyers
uncomIortable with the religious
atmosphere created changed their court
visits and work practices in order to avoid
seeing the monument. The presiding judge
declared the monument unconstitutional; it
violated the Establishment Clause oI the
oI the Eirst Amendment, which prohibited
the government Irom giving preIerence to
one religion over another.
Moore vehemently reIused to
remove the monument, declaring that all
law came Irom the sovereignty oI God`. He
unsuccessIully appealed. He continued to
deIy the court order, which eventually
resulted in his removal Irom oIIice. The
monument was Iinally removed in 2004. To
this day, Moore stands by his decision and
wrote about it in his 2005 autobiography, So
Help Me God, opining that those who sat
behind benches.did not want to be
reminded that there is a God.judicial
restraint gave way to judicial tyranny, and a
new law reigned the rule oI man`.
Annie Zheng
Access the judgments and judicial inquiry
documents at
http://en.wikipedia.org/wiki/RoyMoore
Annie Zheng
THlS WLLK lN lLGAl HlSTORY
ASK AGONY AUNT
Dear Agonv Aunts,
I am thinking oI getting involved in extra-
curricula activities this semester, as I keep
getting told that it is important Ior my CV.
I`m just not entirely sure how to balance it
with study and work. Do I need to give up
on having a social liIe?
-Fra::led

Dear Fra::led,
It`s about balance. And being able to say
what great time management skills you
have in an interview and citing your
juggling oI study, work, extra-curricula
activities while being able to maintain a
healthy, Iunctional personal liIe as the
example. Being busier may in Iact Iorce
you to be more organised in terms oI your
readings, and instead oI playing |insert
example. Being busier may in Iact Iorce
you to be more organised in terms oI your
readings, and instead oI playing |insert
current favourite online game here| in
class, you will actually have to pay
attention in class.
Joining one oI the journals could be a good
idea, as it does not involve a weekly time
commitment. Just make sure you don`t take
on more than you can handle, as it is
essential Ior your sanity that you don`t
Iorego a social liIe. As a good Iriend oI
Aunty Ethel`s likes to say; just schedule the
Iuck out oI it.
-Auntv Ethel
Dear Agonv Aunts,
I`m seeing all these posters Ior something
called the Melbourne Uni Law Revue.
What`s this all about, I thought the Law
Review was a book?
-Confounded bv Homophones

Dear Confounded bv Homophones

You are indeed correct, the Melbourne Law
Review is indeed a book, a rather
spectacular academic journal in Iact,
published three times a year by our Iellow
law students.
The posters you`ve undoubtedly been
seeing around however are Ior the
Melbourne Law Revue, (notice the ue`
there). The Law Revue is the LSS`s annual
variety comedy show, a hallmark staple oI
the law-student-comedy-skit-show season.
It has an excellent pedigree oI hilarity, and
I`m told tickets are on sale now so you
should book Iast!
- Auntv Moira
Monday, July 30, 2012 |VOLUME 1, ISSUE 14|
De Minimis
3
Lack of Time Management
Charles Hopkins will be returning next week with his regular 'L
is Ior. column, this week, his contribution is the quotation
below.
'I have the Law Revue production this week and did not have
time to write anything. Apart Irom that last sentence. And this
one.
LlS lOR...
STAll lNTLRVlLWS GLTTlNG TO KNOW]OHN TOBlN
Associate ProIessor John Tobin, who teaches Human
Rights Lawyering, MJIL Research and Writing and Legal
Research Children, Rights and the Law at the JD level, as well as
coordinatingLegal Internshipsin all the law school`s programs, has
had an unusually diverse career. He talked to De Minimisabout his
multiIarious proIessional liIe and his many non-legal enthusiasms.
Growing up in a Family Culture of the Law
John`s grandIather was a police oIIicer and his dad a
magistrate. It`s thereIore not surprising that, Irom anearly age,
spent he spent time sitting in the back oI courtrooms, learning not
just about legal procedures but also imbibing a culture oI the law`
including a strong Ieeling Ior social justice and a desire to
promote it.
In spite oI this background, once he began his
Law/Commerce degree at Melbourne, John Iound himselI not
overly engaged in the law`. None oI the compulsory subjects held
much appeal Ior him, and Contracts was his very least Iavourite.
Only when he took international law as an elective, and was
exposed to such inspiring teachers as Hilary Charlesworth, was he
less concerned that he had made a mistake by choosing law over
medicine or architecture.
Forging a Career Centred on Passions
John claims that he has never had a long-term career
plan`; instead, his career has moved along as he pursued his
interests. Having started in a large commercial Iirm, he then moved
to Victorian Legal Aid. Next came a move to London to obtain an
LLM with distinction. His next job was in Elorence, with UNICEE.
While the post at UNICEE reIlected his interest in children`s rights
a subject on which he has authored several reports and articles
living in Elorence also made him a conIirmed Italophile. He
admires the zest Ior liIe he Iound in Italy, the uncomplicated
enjoyment oI Iood, Iamily and Iriends, which is less marked in
English-speaking countries (though he also loves the energy and
unique vibe oI New York).
AIter UNICEE, he returned to Melbourne to work as a
Legal OIIicer with the Department oI Justice. An invitation to work
to work with ProIessor Philip Alston Irom NYU lead to an oIIer oI
oIIice space to undertake his research at Melbourne Law School
Irom ProIessor Cheryl Saunders. This in turn led to his
appointment as an academic at MLS. This career path has been rich
and varied. He has been Visiting ProIessor at both the American
Academy oI Human Rights and Humanitarian Law, Washington
College oI Law, American University and in the Law School at
New York University. In 2011 he was the Senior Scholar in
Residence at the Center Ior Human Rights and Global Justice at
NYU Law School.
John`s own career demonstrates how broad and diverse
the opportunities opened up by a law degree are, and he considers
this one oI the greatest advantages oI a legal education. Eor him
the best thing about the practise oI lawyering itselI is representing
a disempowered or vulnerable person and being able to help. That
is a true privilege`.
The adversarial nature oI the law is its least attractive
aspect Ior John. In another liIe, he would like to be a paediatrician
working on global public health issues a job that would satisIy
his desire to help children but in the collaborative as opposed to
adversarial proIession oI medicine`.
Both John`s idealism and his concern Ior children are
apparent when asked to name his Iavourite book. Without
hesitation, he replies Anne Franks Diarv a constant inspiration`.
Advice for the World - and 1Ds
II John ruled the world, we would all strive harder to
cultivate empathy Ior one another, to put ourselves in the other
person`s shoes and respect other people`.
His advice Ior JDs: Don`t stress! Things will Iall into
place, especially iI you create opportunities Ior yourselI. Try to
enjoy things and don`t rush too much. Take the time to make
Iriends, get to know Iaculty, and get engaged in activities outside
class. Above all, don`t be aIraid to Iollow your passion. Whether
deciding on electives or a career, don`t opt Ior what you think you
should` be doing. Eollow your heart and choose what you love`
Bronwen Ewens
Monday, July 30, 2012 |VOLUME 1, ISSUE 14|
De Minimis
4
COUlD THlS BL YOU lN 5 YLARS?

Name: Giuseppe Ensabella

Eirm: Baker & McKenzie
Graduating year: 2011
Degree: LLB
At this point in the year, Iirms have visited MLS multiple times
and preached what they want in their students: teamwork,
communication, etc. It was interesting interviewing Giuseppe
because he brought the other side to light - that Iirms want team
players who communicate well, but also look Ior well rounded
people who have interpersonal skills and a variety oI interests
outside work
Eor Giuseppe, the 'romance with Baker & McKenzie began with
a paralegal-type role, arising Irom the Iirm`s need Ior a Iluent
Italian speaker and Giuseppe`s ability to Iill that role. But this job
didn`t come knocking at his door.
Giuseppe arrived at the end oI his second year studying law to the
realisation that in a couple oI months` time he was due to complete
clerkship applications. A second realisation hit - he had no legal
experience, so he thought he'd better do something about it!.
This led to a manic job search which appeared to be IruitIul aIter
interviewing at a small Iirm and being given the position. The
problem? Once he was told he got the job, Giuseppe never heard
Irom the small Iirm again.
The manic search Ior a job continued, with a paralegal role at
Baker & McKenzie being the position he eventually landed. Erom
there, Giuseppe's Baker & McKenzie experience Ilourished he
undertook a paralegal position Ior halI a year, did a clerkship,
became a part-time research clerk, and landed a role as a graduate.
Giuseppe noted that, in every team and practice group he worked
with, everyone was very approachable and had an open door
policy, and there was a genuine sense oI collaboration as well. In
Iact, Giuseppe said 'II you don`t know whether you`re doing
something right, you can always ask the person next to you.
On the Clerkship Process
Giuseppe was applying Ior clerkships when the GEC hit Australia,
in autumn 2009. He said that he knows 'a lot oI people with good
marks and a lot oI hard working people with great experiences who
didn`t get a clerkship. He speciIically remembers one Iriend who
had 10 interviews and didn`t get a single clerkship. Giuseppe
himselI applied Ior 6 clerkships and only received one oIIer.
Giuseppe recommends trying to get a sense oI the Iirms you`re
applying to. He notes that while he was at university, there seemed
to be a sense amongst the students that one should at least try the
corporate experience. However, he said that 'not everyone who
goes through a law Iirm is aware oI what a corporate Iirm does.
And some oI these people who go to a corporate Iirm really don`t
enjoy their experience. In other words, make the choice to be in a
corporate Iirm, and then make the choice regarding the Iirm you
want to work Ior.
The Graduate Rotations
The graduate rotations at Baker & McKenzie are 3 x 6 months.
Giuseppe`s Iirst rotation was in property, which involved draIting
leases and contracts oI sale, debt enIorcement, and due diligence on
properties to be purchased. His Iavourite part oI this rotation was
having substantial contact with clients.
His second rotation was in dispute resolution and litigation which
involved working on prominent matters Ior top clients. and a lot
oI research. His Iavourite experience was when he got to do that
thing 'that so many lawyers want to do the moment they start their
degree go to Court!.
His current rotation is with the corporate team and is exciting
because Giuseppe gets to work Ior a number oI international clients
under the direction oI an international partner - an experience that
he is only able to do working Ior such a large, international Iirm.
Law School vs Work
As many oI the alumni have noted, law school is hard work.
Giuseppe thinks that one oI the distinguishing Ieatures oI having a
Iull time job is that 'you`re productive every day whereas with uni
'it`s hard to stay motivated and 'SWOTVAC`s a very stressIul
period.
But law school was deIinitely not that bad. The courses Giuseppe
enjoyed the most were the practical ones such as Dispute
Resolution with Camille Cameron and Advocacy taught, in part, by
Hampel J. He also enjoyed Competition Law with Arlen Duke but
had a word oI warning that those oI you who took the course last
semester are probably well aware oI- 'Get ready Ior the exam!
Best and worst of working in Law
Best: Iinally being able to do some "real" legal work, the people he
gets to work with and has met along the way, and mixed netball (go
Obstructions!).
Worst: the longer days, with the occasional late night (the latest
Giuseppe`s Iaced is 12:30pm).
Best advice: Irom his mum 'Always consider other people`s
advice, but stick to your own.
II he ruled the world Ior a day: 'I`d make it a public holiday.
Eavourite coIIee spot near MLS: 'DeIinitely Seven Seeds.
Emma Shortt
2012 MENTAL HEALTH AND
WELLBEINC CUIDEBuuK
CuuD VIBES!
Now taking submissions!
1he Law Students' Soclety ls seeklng pro-tlps and trlcks lor handllng the
stresses and worrles ol law school. Contrlbutlons can be anythlng lrom a
1op 10 1v shows to watch durlng study breaks to reclpes lor zen-lnduclng
mlnestrone soup.
Email the Editors, Bec and Ali, at lss-education@unimelb.edu.au with
expressions of interest. Pieces should be around 500 words.