Melbourne were he has held a research focussed posiƟon at Melbourne University. Dr Lydia Wells joined us to strengthen our MigraƟon Law program. Kirstein FenƟman will add to our clinical program. Last but by no means least Dr Ann Hunter has also come on board and so has Dr Joseph Indaimo to com‐ plement our roster in the Law School. All of these new staff members will leave their mark and the Law School is quite for‐ tunate to have been able to aƩract them. Almost all of our new staff are also Murdoch alumni for at least a part of their academic journey. Welcome home! Jürgen Bröhmer Time is passing fast and the new year is not so new any‐ more. Consequently there is a lot to report in this news‐ leƩer. I would like to focus on one parƟcular development. We have had the privilege and joy to welcome quite a few new staff members to our Law School. Two of them, Dr Jo‐ seph Clare and Dr Dennis Ndonga are introduced in more detail in this newsleƩer. Joseph Clare will be an out‐ standing addiƟon to our crimi‐ nology department. He joins us from Melbourne but has a Perth background. Dennis also comes to us from Melbourne with a sƟll fresh PhD from Monash University and a pen‐ chant for internaƟonal cus‐ toms law. Dr Shirley Quo is coming home to Perth from Auckland across the Tasman to provide some leadership in our busi‐ ness law area. We are excited to have Associate Professor Chris Dent on our staff list. Chris also came to us from A Word from the Dean…. INSIDE THIS ISSUE: Dean’s Award Ceremony 2 Francis Burt Chambers Medal winner 4 Clinical Legal Education 8 MSLS Update 9 OP Jindal visit 10 Study in India 11 Introducing Ad- juct Professor Luigi Palombi 12 Grad Cert in Legal Training 14 Chinese Law 16 New Staff 13 School of Law Newsletter APRIL 2015 VOLUME 3, ISSUE 3 www.murdoch.edu.au/School‐of‐Law/ Law School staff presented papers around the world. Dr Augusto Zimmermann was especially pro‐ lific. Augusto had the honour to be invited by Tasmania’s Chief JusƟce Alan Blow of the Tasmanian Su‐ preme Court to address the con‐ gregaƟon at St David’s Cathedral during the ecumenical service for the ‘Opening of the Legal Year’ in Tasmania in January 2015. Given that he was on the island already Augusto also spoke at the Christo‐ pher Dawson Centre for Cultural Studies at the University of Tasma‐ nia School of Law on the subject of “Subsidiarity and the Proper Role of the Government in a Free Society”. In March Augusto joined an illustrious line‐up of speakers, among them Mario Vargas Llosa (Nobel Prize in Literature in 2010) at the Mont Pelerin Society con‐ ference in Lima, Peru. On his way back from Lima he stopped in Sydney to speak at a “The Freedom of Speech Symposium” organised by the Centre for Independent Studies (CIS), an independent pub‐ lic policy research think‐tank. Final‐ ly Augusto also addressed NSW parliamentarians on "Legal aƩacks on our freedom of speech. How do we respond?" The Dean of the Law School, Pro‐ fessor Jürgen Bröhmer, gave two talks on “Climate Change and Hu‐ man Rights” at the Europa‐InsƟtute of Saarland University in Germany as part of a colloquium co‐hosted by Murdoch University Law School and the Europa‐InsƟtute (in Febru‐ ary) and at O.P. Jindal University in India as part of a conference co‐ hosted by O.P. Jindal University and the Sir Walter Murdoch School of Public Policy and InternaƟonal Affairs. Law School Staff Speak around the World Dr Augusto Zimmermann Professor Jürgen Bröhmer at O.P. Jindal
Transcript
Melbourne were he has held a research focussed posi on at Melbourne University. Dr Lydia Wells joined us to strengthen our Migra on Law program. Kirstein Fen man will add to our clinical program. Last but by no means least Dr Ann Hunter has also come on board and so has Dr Joseph Indaimo to com‐plement our roster in the Law School. All of these new staff members will leave their mark and the Law School is quite for‐tunate to have been able to a ract them. Almost all of our new staff are also Murdoch alumni for at least a part of their academic journey. Welcome home!
Jürgen Bröhmer
Time is passing fast and the new year is not so new any‐more. Consequently there is a lot to report in this news‐le er.
I would like to focus on one par cular development. We have had the privilege and joy to welcome quite a few new staff members to our Law
School. Two of them, Dr Jo‐seph Clare and Dr Dennis Ndonga are introduced in more detail in this newsle er. Joseph Clare will be an out‐standing addi on to our crimi‐nology department. He joins us from Melbourne but has a Perth background. Dennis also comes to us from Melbourne with a s ll fresh PhD from Monash University and a pen‐chant for interna onal cus‐toms law.
Dr Shirley Quo is coming home to Perth from Auckland across the Tasman to provide some leadership in our busi‐ness law area. We are excited to have Associate Professor Chris Dent on our staff list. Chris also came to us from
A Word from the Dean…. I N S I D E T H I S
I S S U E :
Dean’s Award
Ceremony 2
Francis Burt
Chambers Medal
winner
4
Clinical Legal
Education 8
MSLS Update 9
OP Jindal visit 10
Study in India 11
Introducing Ad-
juct Professor
Luigi Palombi
12
Grad Cert in
Legal Training 14
Chinese Law 16
New Staff 13
School of Law Newsletter A P R I L 2 0 1 5 V O L U M E 3 , I S S U E 3
www.m
urdoch.edu.au/School‐of‐Law/
Law School staff presented papers around the world. Dr Augusto Zimmermann was especially pro‐lific. Augusto had the honour to be invited by Tasmania’s Chief Jus ce Alan Blow of the Tasmanian Su‐preme Court to address the con‐grega on at St David’s Cathedral during the ecumenical service for the ‘Opening of the Legal Year’ in Tasmania in January 2015. Given that he was on the island already Augusto also spoke at the Christo‐pher Dawson Centre for Cultural Studies at the University of Tasma‐nia School of Law on the subject of “Subsidiarity and the Proper Role of the Government in a Free Society”. In March Augusto joined an illustrious line‐up of speakers, among them Mario Vargas Llosa (Nobel Prize in Literature in 2010) at the Mont Pelerin Society con‐ference in Lima, Peru. On his way back from Lima he stopped in
Sydney to speak at a “The Freedom of Speech Symposium” organised by the Centre for Independent Studies (CIS), an independent pub‐lic policy research think‐tank. Final‐ly Augusto also addressed NSW parliamentarians on "Legal a acks on our freedom of speech. How do we respond?" The Dean of the Law School, Pro‐fessor Jürgen Bröhmer, gave two talks on “Climate Change and Hu‐man Rights” at the Europa‐Ins tute of Saarland University in Germany as part of a colloquium co‐hosted by Murdoch University Law School and the Europa‐Ins tute (in Febru‐ary) and at O.P. Jindal University in India as part of a conference co‐hosted by O.P. Jindal University and the Sir Walter Murdoch School of Public Policy and Interna onal Affairs.
Law School Staff Speak around the World
Dr Augusto Zimmermann
Professor Jürgen Bröhmer at O.P. Jindal
P A G E 2
Deans Award Ceremony - 2015 The School of Law Dean’s Awards Ceremony was held recently to celebrate and acknowledge the School’s high achieving students and recognise the work done by the Murdoch Students Law Society.
The Dean, Professor Jürgen Bröhmer, welcomed the prize winning students and their families and friends and thanked the representa ves of the donor firms who support the prizes awarded on the night and acknowledged the importance of the Law School’s links with the legal profession. The Dean emphasized that for an award night like this to come together it needs the dedica on of many people, lecturers, ad‐min staff, donors and sponsors and commi ed stu‐dents and their families and friends. Murdoch Law School is very proud of its ac ve academic communi‐ty on campus to which all of our staff and students and our Murdoch Law Students Society contribute such a great deal. Communi es work and are suc‐cessful not because everybody does what they have to do but because they do what they can and o en more. The Dean also used the opportunity to inform a fully occupied Freehills lecture theatre of plans, successes and some numbers important to the Law School. For example, under the leadership of A/Prof Guy Hall the Law School’s criminology major in the Bachelor of Arts has developed into the largest major in that degree. The Law School is also looking our highly dis nc ve and successful clinical program that is offered in conjunc on with SCALES. Murdoch Law School’s various moo ng teams enjoyed another successful year na onally and interna onally. Finally the Dean also had the pleasure to remind a endees that the Law School celebrates its 25th anniversary this year, Murdoch University its 40th and the Magna Charta its 800th anniversary. For the 800th anniver‐sary of the Magna Charta the Law School will organ‐ize an exhibi on in the Law School which will be opened by the Chief Jus ce of Western Australia, the Hon. Wayne Mar n. For the Law School’s 25th anniversary the Dean was happy to announce that the Chief Jus ce of Australia, The Hon. Robert French, will be a guest of honour at the Law School later this year to commemorate this event.
Prizes were awarded for top performing students in many subjects. The main prize for the top gradua ng student, the Francis Burt Chambers Law Medal for 2014, was awarded to James Illich by John Prior,
Director, Francis Burt Chambers. Along with excel‐lence in his academic studies, James was also working full me. James Illich gave the acceptance speech on behalf of the prize recipients. Prize winners were rewarded for excellence in their studies and were grateful for the recogni on afforded to them by both the School and the donor firms. At the conclusion of the formali es, guests were able to enjoy drinks and cocktail food in the gardens. Donors and prize recipients took the opportunity to chat with each other and with School staff.
S C H O O L O F L A W N E W S L E T T E R
P A G E 3 V O L U M E 3 , I S S U E 3
ListofPrizewinners:The Francis Burt Chambers Law Medal
Awarded for the most outstanding academic performance in Law – James Illich
Ronald Wilson Prize in Law
Awarded to the graduand who best combines dis nguished academic performance in Law units with quali es of character, leadership, and all‐round contribu on to the life of Murdoch University – Shzan Plandowski
Allens Prize for Excellence in Company and Commercial Law
awarded for overall excellence in work undertaken in the field of company and commercial law –
Chris ne Tay, Kayla Giudica , Lewis Page, Michelle Trainer & Perveen Kaur.
Australian Finance Conference Prize
Awarded for the best academic performance in the unit LAW332 Commercial Law – Chris ne Tay
Brian J Australian Insurance Law Associa on Prize for Insurance Law
Awarded for the best academic performance in the unit LAW319 Insurance Law – Steven Co ngham
Chamber of Commerce and Industry WA Prize in Migra on Law
Awarded for the best academic performance in all four units in the Graduate Cer ficate in Australian Migra on Law and Prac ce in S1, 2014 – Janet Sorenson and in S2, 2014 – Emily Milnes and Dr Jan Gothard.
Criminal Lawyers Associa on of WA Prize
Awarded for the best academic performance in the unit LAW130 Criminal Law and Procedure – Alicia Pull
Culshaw Miller Lawyers Prize in Evidence
Awarded for the best academic performance in LAW252 Evidence – Chris ne Payne, Dr Julia Lawrinson and Patricia Blake
Eldon Prize in Equity
Awarded for the best academic performance in the unit LAW351 Equity & Trusts – Joshua Richards & Michelle Trainer
Herbert Smith Freehills Prize in Law
Awarded for the best overall academic performance in LAW259 Cons tu onal Law – Gina Lee Awarded for the best overall academic performance in LAW260 Contract – Ashley Roberts Awarded for the best overall academic performance in LAW258 Australian Administra ve Law – Chris an Payne
Herbert Smith Freehills Prize in Resources Law
Awarded for the best academic performance in the unit LAW335 Mining and Natural Resources Law – James Illich
King & Wood Mallesons Prize in Civil Procedure
Awarded for the best academic performance in the unit LAW350 Civil Procedure – Carmel Proudfoot
Ko Gunning Annual Innova on Law Prize
Awarded for the best academic performance in the unit LAW381 Supervised Legal Research ‐ Bianca Grubor
LexisNexis Prizes
Awarded to each of the following students who have achieved the best academic performance in nominated units:
Michael McIlwaine (BJU100 S1) Tessa Maybery (BJU100 S1)
Awarded to the graduand who best combines dis n‐guished academic perfor‐
mance in Law units with qual‐i es of character, leadership, and all‐round contribu on to the life of Murdoch University
Shzan Plandowski
Sponsored by: The Late Ronald Wilson
Sarah Meddin Me‐morial Prize in Legal
Theory
Awarded for the best aca‐demic performance in the Unit LAW301 Legal Theory
Lyndsay Barre
Sponsored by: Donors to the Trust commemora ng Sarah
Shine Lawyers Prize for Torts
Awarded for the best essay in the unit LAW152 Torts – Ellen Pen & Tessa Maybery
Society of Trusts and Estate Planners Western Australia Prize
Awarded for the best overall essay mark in LAW351 Equity and Trusts – Jason Tiong Neo & Yu Qi Koh
Wrays Lawyers Award in Intellectual Property and the Internet
Awarded for the best essay in unit Intellectual Property and the Internet – Tom Griffiths
Wrays Lawyers Award in Intellectual Property Law
Awarded for the best academic performance in LLB375 Introduc on to Australian and Interna onal Intellectual Property – Dr Julia Lawrinson
Sarah Meddin Memorial Prize in Legal Theory
Awarded for the best academic performance in the unit LAW301 Legal Theory – Lyndsay Barre
James TF Chong Scholarship
Awarded to a Year 12 school leaver with a TER of 90 or above who is entering first year Law at Murdoch University and demon‐strates commitment and ini a ve in their academic and personal life – Pauline Mulligan
Squire Pa on Boggs Scholarship
Awarded to a Year 12 Warnbro Community High School leaver who is entering first year Law or Legal Studies at Murdoch
University – Kyle McDonald
It was in this venue, three and a half years ago, that I competed in the grand final of the Magistrates Court Moot. John Prior of Francis Burt Chambers was judging what was a sen-tencing hearing. In his feedback sheet, John said ‘Don’t agree …. too easily, be persua-sive but respectful’. Although John was refer-ring to interactions with the bench, this excel-lent advice has far broader application. By all means have conviction, but do so in the right way.
This evening, I will focus on those people, like John, who have made studying law such a memorable experience. I will start with Lor-raine Finlay – As a mooter, it should come as no surprise that Lorraine has been a tremen-dous influence on me. Lorraine has bound-less energy, incredible intellect, and a won-
derful sense of humour. She is adored by many, if not all. One student once said to me: ‘I want Lorraine’s life’. That perfectly sums up how Lorraine is regarded throughout the law school.
John Mugambwa and Steve Shaw – Honest feedback is critical to development. With John and Steve, a spade is always called a spade. If you were wrong, you knew about it. We are all the better for their open and constructive feedback.
Robyn Honey – If there is anyone to rival Lorraine in the energy stakes, Robyn would surely be one of the top con-tenders. After a full day on campus, Robyn would drive home through peak hour, feed a family of six, then return to campus just before 5.30pm to deliver a passionate, two-hour equity lecture.
Amanda McGow and Clea Turner – As lawyers at SCALES, Amanda and Clea deal with difficult issues such as do-mestic violence, public housing evictions, and parenting orders. This would be enough for many. However, Amanda
Francis Burt Chambers Law Medal Winner - James Illich
and Clea, while strongly committed to their client-facing work, also make time to teach and mentor their stu-dents. While emotions may sometimes ride high at SCALES, Amanda and Clea maintain a good humoured clin-ic, that provides students with unparalleled clinical experience.
Paul D Evans – Paul was my lecturer for corporations law. Despite holding the important position of State Solici-tor, Paul never let the pressures of his role become apparent to us. He would arrive at our lecture theatre each Thursday with a spring in his step and a smile on his face. While the lectures ran until 8.30pm, Paul never ob-jected to staying afterwards for some Q&A for those who were so inclined.
Michelle Evans – Although Michelle has left the law school, I must thank her for putting my name forward to at-tend the Samuel Griffith Society 2013 Conference in Sydney. At the conference, I had the opportunity to meet Ian Callinan, Dyson Heydon, and the late Brian Pape. Without Michelle’s involvement, such an opportunity may not have been available and I would be the lesser for it.
Jonathon Horne's mother – One afternoon, while we were preparing for the Gibbs Constitutional Law Moot to be held in Canberra, Jon, an alumnus of the law school, said that his mother would bring dinner down to us. What arrived later that evening could only be described as a banquet. After taking a break to feast on Mrs Horne's cul-inary delights, we were perfectly placed to push through to the early hours of the morning to fine tune our sub-missions. Without such care, our submissions would surely have suffered.
The firms – Firstly, thank you for providing such generous support for these awards. Secondly, thank you for making your people available for the many and varied law school activities. While many activities such as moot-ing competitions owe their continued success to the support of student volunteers, practitioner involvement is critical to student development. Thirdly, thank you for making the clerkship and graduate process so rewarding and supportive. By way of example, on the first day of my clerkship at Herbert Smith Freehills, I told the firm that I could not complete the second week as my wife was being induced that weekend. I am fairly confident that no vacation clerk had ever raised such as issue. Nevertheless, the firm took this in their stride, and I was able to complete the second week of my clerkship at a later date. Lastly, to my firm, Allens. Thank you for making my journey from Vacation Clerk to Research Assistant to Law Graduate as brilliant as I could possibly have imag-ined.
In all that I have mentioned, the obvious recurring theme – and the thing that I think is so special about the legal profession – is how generous people are with their time. I am doubtful that any other profession or industry of-fers so much support and encouragement to students and junior practitioners. So again, I thank you all very much.
To my fellow award winners – congratulations on your wonderful achievement. As you well know, law school is challenging and competitive. I am sure many of you read with horror an article published by Lawyers Weekly in August 2013 with the heading: ‘It is the worst time in living history to be a law graduate’. Do not be alarmed. The fact that you are in this room demonstrates that you are excelling now, and will likely excel in the future.
If you will bear with me for a just a few more moments, I have some further words for the award winners.
For those of you early in your degree, university offers tremendous opportunities outside the classroom, but only for those who seek them. Put yourself out there. Step out of your comfort zone. I assure you that what you do outside your prescribed coursework will make you a better student and ultimately a better job candidate.
For those who are more advanced in their degree and embarking on vacation clerk, graduate, or other recruitment processes, just be yourself. If the firm wants you, that’s great. If they don’t, that’s absolutely fine. It is better to know upfront and go where you are wanted, will fit in, and will be ultimately happy.
For those of you who have completed your studies, never forget the generosity the profession has shown you as a student. As you know, it is always exciting to meet lawyers, so please try to give back to the law school.
To conclude, if one were to say that they did it all on their own, they would be utterly delusional. In my case, I would not be standing here before you were it not for the unwavering support of my lovely wife, Andrea. I hope you enjoy the rest of your evening.
P A G E 8
This month marks the 18th year of our excep onal clinical legal educa on pro‐gram run in collabora on with SCALES in Rockingham.
When we opened our doors we had on‐ly three staff and a handful of students. Since then over 600 students have been part of our clinic; learning invaluable lessons and gaining much needed prac‐ce experience.
Through the hard work of our students SCALES has been able to assist literally thousands of people who would other‐wise have struggled to access legal as‐sistance.
Our students under the watchful eye of our supervisors have had wins in the Federal and High Courts, made submis‐sion to parliamentary and law reform
inquiries, been cited in interna onal
journals not to men on the day to day work they do advoca ng for our clients whether in media ons, magistrates court or tribunals.
The success of the Clinical program and the na onal renown of the SCALES Com‐munity Legal Centre makes this program a standout leader within Australia and highly regarded interna onally.
A er 18 years we have decided it is me to really get our Alumni involved in the ongoing work of the clinic and we have formed an alumni group. If you would like to be part of it please contact us, or get onto our alumni Facebook page. h ps://www.facebook.com/groups/140899399391468/
Watch out for alumni func ons coming up this year and next as we count down to our 20th anniversary.
S
C
A
L
E
S
SCALES and Clinical Legal Education turns 18!
Senior Management paid a visit to the Rockingham office and celebrated with some cake (from le ) Gai Walker, Professor
Jurgen Brohmer, Gail Wescombe, Clare McLaren, Richard Kendall, Steven Dixon
OP Jindal Visit to Murdoch Law School – Jan 2015 day/night finally every‐
one arrived safely and
eager to get started.
Joined by Ac ng Vice
Chancellor Andrew Tag‐
gart, members from the
interna onal office, the
Academic Registrar’s
Office plus the law school
students and staff, the
students enjoyed a wel‐
come BBQ at the student
village pool deck. The
travel stresses were
quickly forgo en and the
guests from India were
ready to explore and get
to know Murdoch Univer‐
sity, Fremantle, Perth
and WA.
Several tours and ac vi‐es were organised
star ng with 2 amazing tours in Perth. First, first the Law Society provided us with an absolutely fantas c tour of the vari‐ous courts. Students were able to see and
pressed – eyes of their Indian colleagues. In the final week the student’s a ended lectures and par cipated in discus‐sions on ‘Climate Change, Sustainability and Envi‐ronmental Law’, an inten‐sive unit taught by our Adjunct Professor Glen McLeod.
Thanks to our law stu‐dent ambassadors and organised tour guides who guided and educat‐
prison. Dinner at Li le Creatures, one of the many eateries and water‐ing holes in “Freo”.
But there was also aca‐demic work to be done. Professor Neil McLeod from the Law School pro‐vided a special workshop on legal wri ng.
Murdoch Law School’s Jessup Moot team used the opportunity to do a prac ce moot under the cri cal – and indeed im‐
ed the Indian students about Perth and Freman‐tle and shared with them some of their knowledge and experiences of what it is like being a law stu‐dent at Murdoch. The OP Jindal Students had a great me and we are looking forward to the welcoming the next group of students in Jan2016.
ible Indigenous tour at Kings Park. Tired as the students were they were fascinated by the stories and informa on given to them by our out‐standing tour host.
Fremantle was ex‐plored next on the hop‐on and off tram to all the sights and, of course, a visit to the famous historical
compare the different courts, processes and set up plus had the oppor‐tunity to sit in on three different court hearings in the Magistrate, District and Supreme Court. This was followed by a tour of the Old Courthouse Mu‐seum (the oldest public building in Perth) and the chance to dress up and act out the various roles. This was followed by lunch and then an incred‐
Assistant Dean of Inter‐na onal Collabora ons, Assistant Professor Kal‐yani Unkule and 8 stu‐dents from OP Jindal Global University in India visited Murdoch Law school for a 2 week Aus‐tralian Immersion Pro‐gramme.
A er some delay with
flights and students
spending many hours
stuck at Delhi airport and
on planes for most of the
Kings Park
S C H O O L O F L A W N E W S L E T T E R
Opportunity to Study Abroad in India P A G E 1 1
O.P. Jindal Global University (JGU) is situated on an 60‐acre‐state‐of the art and cus‐tom built academic and resi‐den al campus north of Delhi in the country side, with plen‐ty of space and spor ng facili‐es all at world standard. JGU
is a very young private non‐profit University that has achieved outstanding success and has, for example, just re‐cently been ranked as the
best private Law School in In‐dia by the pres gious Indian Careers360 Law School Rank‐ing 2015. Murdoch University success‐fully applied for funding under the Government’s new Co‐lombo plan and that means that there is scholarship fund‐ing available for six Murdoch Law students to go to OP Jindal University and study a
specially prepared unit on “Business in India: Legal Land‐scape and Social Impact”. Stu‐dents will receive credit upon successful comple on of the unit. The unit including assess‐ment will take place in India , partly on the campus of OP Jindal University outside of Dehli with a possibility of some parts being conducted in Dehli itself. This unit will cover top‐ics such as:
Included in the experience in India will be several field trips including the oppor‐tunity to visit a local integrated organic farm and Delhi‐based social enterprise, a premium cab service driven by women for women. Students will have the oppor‐tunity to explore historic sites in Delhi and also enjoy an organised trip to Agra to see the famous Taj Mahal. If you think this is something that would interest you, please send expressions of interest to Fiona Peters at [email protected]
Introducing Adjunct Professor Luigi Palombi For more than thirty years resolving the controversy over the paten ng of naturally occurring biological materials has been the primary focus of Professor Palombi's research and legal prac ce. Having graduated in law from the University of Ade‐laide in 1981, comple ng his ar cles, prac cing law in a general commercial law firm in Adelaide and gradua ng with an Economics degree in 1986, he moved to Melbourne to join the patent a orney firm of Davies & Collison. He became head of li ga‐on and a partner by the me he was 28 years of
age in 1988. In 1993 he opened his own law firm in Sydney ac ng for a Bri sh company that was being sued for infringing a patent granted over the hepa ‐s C virus. That case was a career changing experi‐
ence. Prof Palombi was persuaded to the view that patent law was on the wrong track. How could anyone claim to be the inventor of a naturally occurring biological material? Whether it be a virus, a bacte‐rium or a human gene. By the mid‐90s the accepted mainstream posi on around the world was: "Without patents", so it was claimed, "there would be no incen ve to undertake the expensive and risky research into new biotechnological medi‐cines."
Prof Palombi argued, as superficially a rac ve as that argument was, that it was false. In his seminal PhD thesis, first published in 2005, he developed the legal argument to show, not only that patent law did not extend monopoly protec on to human genes, such as the BRCA gene c muta ons linked to familial breast cancer, but that if incen ves for in‐vestment in the biotechnological sciences were
needed, then a more appropriate model had to be developed. He proposed the Gene c Sequence Right. In 2013 the U.S. Supreme Court in a unanimous decision concerning patents granted to Myriad Gene cs over the BRCA muta ons, accepted Prof Palombi's central thesis and struck down Myriad's U.S. patents. Unfortunately, the controversy in Australia is far from over. His a empt to persuade the Australian parliament to legislate his thesis into Australian patent law failed due to massive opposi on from the legal and patent a orney profession as well as from the research, university and biotechnology sectors in Australia. Despite this setback, Prof Pal‐ombi's thesis will be tested again, this me in the High Court of Australia. The appeal concerns the same BRCA human genes the subject of the U.S. Supreme Court decision. A decision from the High Court is expected later this year.
New York October 2009 ‐ Professor Palombi was a member of a panel that addressed a public mee ng over the BRCA gene patents. The mee ng was organised by the American Civil Liber es Un‐ion. It was the test case that the ACLU backed that led to the U.S. Supreme Court decision in 2013 (discussed below). On the le of me is Ellen Mat‐loff one of the plain ffs and on the right is Sandra Park, a U.S. a orney that acted for the plain ffs.
Dr. Dennis Ndonga Associate Lecturer in the School of Law at Murdoch University. I hold a Law degree from the Catholic University of Eastern Africa, Kenya and an LLM and Ph.D. from Monash University, Australia. My research specialty is in the area of Interna onal Trade Law and Law and development issues. I have previously worked with interna onal organiza ons and Cus‐toms on issues of trade facilita on and Single Windows and have made several contribu ons to the World Customs Organisa on’s (WCO’S) Part‐nerships in Customs Academic Re‐search and Development programme and the WCO news magazine. I am also a member of the Interna onal Network of Customs Universi es and the Society of Interna onal Economic Law.
What do you do at Murdoch? I teach Business Law units at under‐graduate and postgraduate level.
How long have you been at Mur‐doch? I started at Murdoch in June last year (2014), that’s when I moved from Melbourne to Perth for the first me.
What’s your favourite spot on cam‐pus? I enjoyed taking breaks on bush court during the summer. I’m more of an outdoors person.
What do you like to do away from work? More work . . . Just kidding! I like the beach. If the weather is fine I enjoy going to Co esloe beach and occa‐sionally cycling.
At lunch where would we find you?
yet. I really like the sound of the birds that filters in through my office win‐dow.
What do you like to do away from work?
I play cricket and watch a lot of sport.
At lunch where would we find you?
Usually at my desk, ea ng while I read.
What have you discovered at Mur-doch?
The students and colleagues I’ve met so far have been very friendly.
Who inspires you?
Steve Waugh and Sir Alex Ferguson
Dr Joe Clare Before working at Murdoch, I have worked at UWA and Simon Fraser University in a research‐role and also with a Canadian fire service and the Victorian State Government. I spent three years direc ng strategy and analysis for Surrey Fire Service, Bri sh Colum‐bia, and 18‐months direc ng re‐search for the Victorian Sentenc‐ing Advisory Council. In broad terms, I am interested in helping applied criminal jus ce agencies u lise theory and research to solve problems they are facing.
What do you do at Murdoch?
I’m a Lecturer in Criminology, based in the Law School
How long have you been at Mur-doch?
2 1/2 months
What’s your favourite spot on campus?
I am s ll learning my way around, so I don’t know too many places
Introducing New Staff Members The staff lounge. What have you discovered at Murdoch? I’m s ll working on that. So far I’m just familiar with the spots you can see on the University official map.
Who inspires you? I find my inspira on from everyday events and the people I meet and stories they share. For every challenge I can draw inspira on from a friend’s previous struggle, a family member’s history or
Address by the Honourable Michael Kirby AC, CMG
P A G E 1 3
On the 27th March 2015 The Honoura‐
ble Michael Kirby delivered an address
at Murdoch University, The High
Court’s decision in the ACT Marriage
Equality Case: Death of Original Intent?
The address was well a ended by over
170 people. A er the address Jus ce
Kirby posed for photographs with a few
of the students.
Dean of Law, Jurgen Brohmer and Jus ce
Kirby
P A G E 1 4 V O L U M E 3 , I S S U E 3
Murdoch School of Law has launched a new graduate cer ficate which will provide our stu‐dents the opportunity to complete the necessary prac ce experience for admission. In a very ght legal employment market, many law graduates are having difficulty finding the prac cal
hours necessary to gain admission.
The Graduate Cer ficate in Legal Prac ce places these graduates within our na onally ac‐claimed Clinical Legal Educa on Program based at SCALES Community Legal Centre. We have just seen the gradua on of our first pilot group of students, who, while mee ng their require‐ments for admission, worked on a range of cases assis ng some of our most marginalised cli‐ents. Here is what one of our graduates said of the program:
“I was fortunate enough to be able to do both the SCALES undergraduate program and the Graduate cer ficate program. Both programs helped me immensely in developing my skills as a lawyer. I conducted client interviews, a ended Tribunal hearings, dra ed a law reform submission, and completed projects that I would not have dreamed of doing so early in my legal career. Best of all it was done in a very suppor ve and congenial en-vironment! I would recommend SCALES to every law student who wants a head start on their career.”
Most importantly, this program allows further development of our lawyers graduates, giving them the edge in a compe ve market. It not only develops their legal skills in prac ce but also allows them to gain insight into the role of law within a broader social context taking them beyond being prac ce ready and into ethical prac oners. If you would like to apply for this Graduate Cer ficate please visit:
h p://handbook.murdoch.edu.au/courses/details/?us=25786&year=2015
Graduate Certificate in Legal Training
From Le : Anna Copeland (obviously) Nia Cardian, Rhea Thomas, Rosie Blakey‐Scholes and Bre Waterhouse
The GCAMLP is the only Migra on Law postgraduate degree offered by a Western Australian University. This pro‐
gramme is accredited by the Office of the Migra on Agents Registra on Authority (MARA) as the prescribed entry‐level
training course leading to registra on as a Migra on Agent. The programme has also been approved by MARA for Con‐
nuing Professional Development (CPD) for exis ng agents.
Teaching
A er teaching and managing the GCAMLP for many years Rean du Toit has le Mur‐
doch University to enjoy travelling and life in re rement. Rean was a graduate from
the programme and was a gi ed teacher and mentor to many of our students. He con‐
sistently received teaching results in the top 10% of teaching surveys. We wish him
well for his travels.
Kirsty Fen man taught in the GCAMLP last year and has now taken up a posi on as a
Clinical Legal Educa on Lecturer at SCALES.
Associate Professor Mary Anne Kenny has returned to Murdoch University a er a 2
year period at Cur n University where she was the Director of the Centre for Human
Rights Educa on.
In January 2015 the GCAMLP welcomed Dr Lydia Wells as a lecturer who is now teaching in the programme. Lydia has a
background in teaching law and in legal prac ce. She completed the GCAMLP at the ANU, and has been a registered
migra on agent and lawyer for many years. She has experience at working with a range of skilled, family and other vi‐
sas, as well as experience in the Migra on and Refugee Review Tribunals.
Students
Student numbers for the GCAMLP con nue to be strong. Our recent
graduates are a diverse group of students from a variety of back‐
grounds including accountants, lawyers, human resources profession‐
als, community workers and engineers.
Last year’s top students were awarded prizes from the Chamber of
Commerce and Industry (WA) at the Deans Awards this year. Con‐
gratula ons to Janet Sorenson, Dr Jan Gothard and Emily Milnes.
Na onal Presence
Murdoch University con nues to meet with the Migra on Agents Registra on Authority and other universi es who pro‐
vide the GCAMLP to discuss issues in respect of curriculum and assessment. Murdoch University along with other uni‐
versi es provided input into the MARA’s dra competency standards for migra on agents.
Associate Professor Kenny was appointed to the Ministerial Council on Asylum Seekers and Deten on, a high level advi‐
sory group that provides advice to the Minister for Immigra on and Border Protec on. She also is a member of the
Joint Advisory Commi ee on Nauru and provides advice to the Government of Nauru and Australia in respect of refugee
law issues.
Scholarship
Murdoch University con nues to offer the Social Jus ce scholarship to students enrolled in the GCAMLP who have a
background in working in the not‐for‐profit or community sector. This year the scholarship was awarded twice to very
worthy students who had an extensive background in working with disadvantaged migrant and refugee communi es.
Graduate Certificate of Australian Migration Law and Practice
Intensive Program 2015 Winter Intensives (S2G teaching period)
LLB375 Introduc on to Australian & Interna onal Intellectual Property – (S2G) 29 June to 3 July 2015 – Dr Heather Forrest (exam w/o 24 August 2015)
LAW3003 Special Topics in Law – Personal Property Security Rights Law – (S2G) 6 – 10 July 2015 – Profes‐sor Henry Gabriel (exam w/o 24 August 2015)
LLB284/CRM284 Vic mology and Restora ve Jus ce – (S2G) 20 – 24 July 2015 – Dr Courtney Field (exam w/o 24 August 2015)
Spring Intensives
LAW/LEG307 Media on – (SP18) 24 – 28 August 2015 – Lisanne Iriks (exam September 2015 TBC)
LAW365 Public Interna onal Law – (SP17) 28 September – 2 October 2015 – Jurgen Brohmer (exam in November exam period)
Summer Intensives – Enrolment from Mid‐November 2015
LAW392 Oil & Gas – (SUM) 30 November – 4 December 2015 ‐ Dr Tina Hunter (Exam end Jan 2015)
LAW372 Law of Occupa onal Health & Safety – (SUM) 7 – 11 December 2015 – Maria Saraceni (Exam end Jan 2015)
LAW349 Compara ve Contract Law ‐ (Trimester 1) (January 2016 Date to be Confirmed) Professor Erman‐no Calzolaio (Universi de Macerata, Italy) (Exam Early April 2016)
Graduate Certificate in Chinese Law Murdoch University, in partnership with East China Universi‐ty of Poli cal Science and Law in Shanghai, is offering profes‐sionals and graduates from all disciplines an exci ng oppor‐tunity to gain first‐hand knowledge of Chinese law and en‐hance their understanding of Chinese culture.
The Graduate Cer ficate in Chinese Law is an enriching expe‐rience that allows students to engage with the commercial and legal systems of Australia’s largest trading partner, whilst immersing themselves in the culture of the fascina ng city of Shanghai. Lectures are delivered in English by quali‐fied Chinese academics and lawyers. The program provides students with a unique learning experience and VIP access to world‐class Chinese law experts, fieldwork in courts and firms and cultural trips.
The Graduate Cer ficate is taught intensively in Shanghai over 4 weeks in January and is comprised of four units: Doing Business in China, Chinese Commercial Law, Chinese Contract Law and Chinese Shipping and Trade Law. Alterna vely, one or more of the units may be taken for Con nuing Professional Development (CPD) points. Each unit a racts 6 CPD points. The School of Law is offering 11 x $2000 scholarships to enable students to par cipate in the program.
