MURDOCHLAWNEWSLETTER Vol. 11, Issue 3, December 2018

AWordfromtheDean

Insidethisissue:

MSLS Competition Winners 2

25th Anniversary of the 1st Cohort 4

Dr Dennis Dinga Presents 5

End of Year Reception of the Profession 6

MSLS End of Year Dinner 8

Another year gone by! Time again to say Merry Christmas and thank everybody for all the work done this year. Time again to wish us all a successful and healthy new year 2019! 2018 was not just another year. It is the year Murdoch University has decided to undergo a major restructure and has embarked on that journey. With already visible consequenc-es and with many details yet to be figured out, determined and implemented. One of the consequences of the restructure is that all 8 schools of Murdoch University will cease to exist and be replaced by disciplines, 14 altogether. All schools? Well, not quite. Three areas will con nue to exist as “virtual schools”, and Law is one of them (as are Business and Veterinary Science). That means that Murdoch University School of Law will con nue to present as such to the outside world but will internally be a discipline in the College of Arts, Business, Law and Social Sciences. It means that the tle of this column is a misrep-resenta on as there is no Dean of the Law School any more. I write this as the “Head of Transi on” (note: HoT) and from next year there will be a “Head of Discipline” (note: HoD). And whereas I am now “HoT” I will not be “HoD”. The new HoD will be Sonia Walker, who everybody knows and who knows everything about our Law School, virtual or otherwise, because Sonia has studied law at Murdoch and has worked here from the beginning. Presumably Sonia will write this column going forward. It is important that we not only wish Sonia the best of luck in her new posi on but that all of us, staff and students, give Sonia the best support we can to master this difficult task. For me almost 12 years as a Head of School and Dean, 7 here at our Law School are now coming to an end. It was a fantas c ride for me with so many opportuni es. Time for me to say a hear elt thanks to all who have supported me so wonderfully here at Murdoch. We are a great team here at OUR Law School. A special thanks must go to my PA, Fiona Peters, and our School Manager, Gail Wescombe. The changes will mean new challenges for them as well and I wish them the best of luck to master them as no doubt they will. I certainly could not have func oned without them. All of us will stay at Murdoch Universi-ty and at least for a few month I will spend my “new life” as the interim Dean Engagement for the College of which our Law School is now a part. And con nue to do what I have tried to do in the past 7 years—help make OUR Law School a li le bit be er. I am looking forward to this new task and one thing I know already—I will again need a lot of help to make it work!

Jürgen Bröhmer

www.murdoch.edu.au/School-of-Law/

Migration Clinic 9

2018 Geoff Adjuk Memorial Prize Visiting Scholar - Simone Lamont-Black

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Staff Publications 11

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MSLS2018CompetitionWinners

Ashurst Junior Trial Advocacy

Alex Di Rosso

This junior compe on sure did heat up with Alex and Troy going head to

head for the tle of champion. In an exci ng display of skills that came

down to the final bell, however Alex managed to take out the tle.

Ashurst Senior Trial Advocacy

Elisha Rayner

The intense compe on between Sean Ayres and Elisha Rayner was a spec-

tacle to behold and provided great entertainment to all. Congratula ons to

Elisha for taking out the top spot.

MinterEllison Senior Moo ng

Rueben Pemberton-Ovens

Rueben took out the top spot in a heated display of advocacy skills, showing

everyone how it was done. Since then, Rueben has competed in the champi-

onship moot at ALSA and the Kirby Contract Moot—where the team won

the best wri en respondent memorandum award.

Senior Client Interview

Monica Vu & Troy Gi os

In a great display of interviewing skills, Monica and Troy took the win in a

soccer themed interview with plenty of delicious Easter eggs.

Clayton Utz Nego a ons

Kevin Jarret & Candice Jonker

A ques on of dodgy business prac ces and backroom dealings kept the

whole room cap vated as the teams ba led to secure the best deal for their

clients. In a close final, Kevin and Candice took the win with an amazing dis-

play of high-pressured nego a ng.

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MSLS2018CompetitionWinnersContd.

King & Wood Mallesons Junior Client Interview

Jessica Elin & Noran Elwafai

The show stopping performance from both teams made for an incredible

night. However, Jessica and Noran blew everyone away with their skills -

demonstra ng an incredible standard of professionalism in the early days of

their degrees.

ALSA 2018

A big congratula ons to the team who represented MSLS at the 2018 Aus-

tralian Law Students Associa on conference in Adelaide. The team this year

comprised of Andy Hunter and Marche Bantum (Nego a ons), Rueben Pem-

berton-Ovens and Timothy Wrathall (Championship Moot), and Elisha Rayner

(Witness examina on).

MSLS would like to thank all the compe on sponsors for giving students the chance to

compete and con nue developing prac cal skills, and thank you to the judges for all their

donated me and effort.

MSLS 2019 Commi ee President: Daniel Baker Secretary: Brodie Coyle Educa ons and Careers Vice-President: Karla Fernandes Socials and Spor ng Vice-President: Calum Moultrie Compe ons Vice-President: Daniel Morey Publica ons and Marke ng Vice-President: Ma Grice

Cafe Manager: Jessica Ellin It Officer: Jessie Lonergan Finance Officer: Nicholas Troy Educa on Officer: Alex Manning Careers Officer: Louise Dinnie Socials Officer: Emma Truffet Compe ons Officer: Riya Shah Compe ons Officer: Alex Di Rosso Publica ons Officer: Janaya Oreb Marke ng Officer: Josephine Ferraro Social Jus ce Officer: Sage Adams General Commi ee: Timothy Wrathall General Commi ee: Owen Wright

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25thAnniversaryofFirstGraduatingClass

On Thursday 8th November 2018, Murdoch School of Law celebrated a special reunion for Murdoch Law Alumni on board the Swan River steamer 'Decoy' to celebrate 25 years since the very first law graduates emerged from the new Law School at Murdoch University. It was a wonderful event and the weather put on its best behaviour as we paddled down the Swan River on the only ocean going paddle steamer in the Southern Hemisphere.

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DrDennisNdongaPresents

Dr. Dennis Ndonga presented at the Africa Skills Trade & Investment Conference held at the Novotel Peth Lang-ley Hotel on 30 August 2018. The conference was part of seminars held during the Australia Africa Week that a racted interna onal, interstate as well as local delegates and organisa ons. Dr. Ndonga’ presenta on focused on how African countries can leverage their diaspora’s skills and resources in promo ng the con nent’s econom-ic vision.

Dr. Dennis Ndonga with trainee students of the Shanghai Customs College (SCC) in Shanghai, China. The SCC is the World Customs Organiza on’s (WCO) Asia Pacific Regional Training Centre (P.R. China). Dr. Ndonga was invited by the SCC to give a guest lecture series on single window systems and Customs managements on 27 September 2018.

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AnnualLawSchoolEndofYearFunctionOn Tuesday 27th November the Law School hosted its annual end of year func on, which is held to thank the profession and alumni for their support during the year.

Invited guests included Adjunct Professor Jennifer Searcy OAM , our Founda on Dean, the Hon. Ralph Simmonds and the Dean of the Cur n Law School, Professor Paul Fairall.

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MSLSEndofYearDinnerThis year the MSLS End of Year dinner was held on Friday 2nd November at Burswood on Swan. The evening was a farewell dinner to those students about to graduate as well as the announcement of the Lecturer of the Year Award and the Administra ve Support Person of the Year Award.

This year the Lecturer of the Year was

Dr Steve Shaw At le he is depicted giving his acceptance speech. Runners-up were Associate Professor Chris Dent, Sarah Howe and Lorraine Finlay. The award should be seen as what it is - a recogni on of the fact that a lot of effort goes into teaching. A big thank you to all teaching staff of the Law School!

The award for the Administra ve Support Person of the Year went to

Gail Wescombe Gail gave acceptance hugs—this one to the MSLS (now immediate past) President, Carmen Grobbelaar. All of our Admin staff at the Law School are out-standing and without them neither Steve nor any-body else could do their good work.

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MigrationClinic

Students enrolled in the Graduate Diploma in Australian Migra on Law and Prac ce (GDAMLP) in 2018 had the opportunity to experience prac-

ce with real clients through the Migra on Clinic run in collabora on with SCALES Community Le-gal Centre.

The GDAMLP was offered for the first me in 2018. Recognised by the Office of the Migra on Agents Registra on Authority (MARA), it meets one of the requirements of becoming a regis-tered migra on agent in Australia. Murdoch is one of only six universi es in Australia to be rec-ognised by the MARA to deliver this course, and the only university in WA to offer this course face to face.

“Our ini al cohort of students chose Murdoch because we offer unique opportuni es for learn-ing that are not available in other online courses. Our small classes with experienced teachers offer great opportuni es for problem solving, discus-sion and the applica on of the law. The oppor-tunity to then apply those skills in a clinical con-texts gives our graduates the skills to manage a challenging and ever area of law.”- Associate Pro-fessor Mary Anne Kenny

Four GDAMLP students completed the Migra on Clinic in semester 2 where they worked on immi-gra on law cases under the supervision of Mary Anne Kenny and Kirstein Fen man. During their 14 week placement at SCALES they delivered im-migra on advice and assistance to around 24 clients. The clients were from a wide variety of na onali es including: Afghanistan, Iran, Myanmar, Pakistan, Spain, Sri Lanka, Vietnam, Canada, Mexico, Turkey, PNG, Zambia, England and Liberia

They assisted clients on a range of migra on ma ers including ci zenship, refugee and protec on visas, child visas, temporary work visas, cancella on, family violence and partner visas. Students interviewed clients, (o en with interpreters), dra ed documents such as le ers of advice and submissions, prepared applica ons for review and appeal

Some students also worked on a specific project preparing educa onal materials for delivery to refugees who hold Safe Haven Enterprise Visas (SHEV) about their op ons for applying for other visas at the comple on of their SHEV. One session was run with a group of around 20 Afghani SHEV visa holders at the Riverview Community Cen-tre.

This is a complex area of migra on law, which, since this case, I have become very interested in and is something I now want to do in prac ce. This case was extremely upse ng knowing what this client is about to face. I found this case emo onally challenging yet sa sfying in helping her achieve a good out-come. I really enjoyed working on this case with Mary Anne. (Jesse Casey Migra on Clinic 2018)

My experience in the SCALES migra on law clinic has not only added to my prac cal skills but also in my passion for helping disadvantaged people access jus ce and legal services. (Sahaj Leach Migra on Clinic 2018)

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LawStudentawardedtheGeoffAdjukMemorialPrize

Law student Caitlin Joensson was award-ed the 2018 Geoff Adjuk Memorial Prize by the Magistrates Society in recogni on of her commitment to social jus ce. Caitlin has volunteered at several organisa ons such as Legal Aid, CARAD, SCALES and the Mental Health Law Centre.

She has also undertaken several research projects and she has submi ed research pieces to parliamentary inquiries, advo-ca ng for recogni on of issues such as Abo-riginal deaths in custody, imprisonment for fine-only offences and a lack of cultural awareness training for custodial officers. At present, she is examining the posi ve effect that domes c tenancy legisla on can have on protec ng vic ms of family violence, with my research recently being used in a submission by SCALES.

Caitlin is travelling to the Hague in January 2019 to study interna onal law.

Pictured above: Caitlin with Geoff Adjuk’s daughters, Miranda and

Kate (Murdoch Alumni).

VisitingResearchFellow‐SimoneLamont‐BlackDr Simone Lamont-Black (Edinburgh University) visited Murdoch University School of Law on Sabba cal between February – July and enjoyed her me at the School so much that she returned in November 2018. Simone was drawn to Murdoch by the opportunity to work with Professor Kate Lewins, expert in Mari me Law and Carriage of Passengers by Sea, who kindly spon-sored her visit. Whilst at the Law School Simone was engaged in researching Interna onal and Australian legal perspec ves in two broad fields: a) the carriage of passengers and b) freight forwarding.

The first of these ed-in with a research project en tled “Ring-fencing Passenger Rights a er Brexit?”, comparing the rights of passengers as provided in the EU with those that may be available in Australia and Singapore. The second contributed to the prepara on of a book chapter featuring the benefits of a model law for Freight forwarding for an Edward Elgar Mari me Re-search Handbook.

Simone gave a staff seminar in the Law Café Series of the Law School at Murdoch on Passenger Rights available when travelling to the EU and par cipated as arbitrator in the 18th Interna onal Mari me Law Arbitra on Moot Compe on (IMLAM) organised by Murdoch Law School and hosted at Brisbane by TC Beirne Law School. Simone also spoke on the EU and UK experience with the Athens conven on on the conference on Carriage of Passengers by Sea, held at TC Beirne School of Law, UQ under the auspices of the Global Shipping Law Forum 2018.

Simone (h p://www.law.ed.ac.uk/people/simonelamontblack) is Senior Lecturer in Interna onal Trade Law, at the University of Edinburgh. She trained and prac ced law in Germany before mov-ing to the UK. Teaching across a range of topics in interna onal commercial law, private interna onal law and arbitra on, her re-search centres on interna onal transport law (goods and passen-gers) and the law related to freight forwarding. She recently co-edited with Professor R. Thomas the book Current Issues in Freight Forwarding: law and logis cs (Lawtext, 2017) and, with Paul Bug-den, is co-author of Goods in Transit (4th ed., Sweet and Maxwell, 2018).

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2018SchoolofLawPublications

Refereed Ar cles Dent, C., “A Law Student-Orientated Taxonomy for Research in Law”. Victoria University of Wellington

Law Review, Vol 8, Issue 42, October 2017, pp 371 - 388.

Dent, C., “New insights in patent history: an applica on of evolu onary theory”. Queen Mary Journal

of Intellectual Property, Vol 8, Issue 3 2018, pp 171 - 190

Dent, C., “Oligopolist Speech and the Public Interest in Pharmaceu cal Patent Law Reform”. Canadian

Journal of Law and Society, Vol 33, Issue 1 2018, pp 1 - 20.

Dent, C., “Taking the Human Out of the Regula on of

Road Behaviour”. The Sydney Law Review, Vol 40:39,

Issue March 2018, pp 39 - 62.

Finlay, L., “Human Rights Complaints to the United

Na ons” in Western Australian Law Handbook

(Online) (Sussex St Community Law Service, 2018).

Finlay, L., “Finding the Streams’ True Sources: The Im-

plied Freedom of Poli cal Communica on and Execu-

ve Power” (2018) 43(2) University of Western Aus-

tralia Law Review 188 (co-authored with Joshua For-

rester & Dr Augusto Zimmermann).

Hall, G., Whi le, M, “In mate Partner Homicide:

Themes in Judges’ Sentencing Remarks”. Psychiatry, Psychology and Law (Online), Vol 25, Issue 3 2018.

Hall, G., Whi le, M, “The Use of Alcohol and/or Drugs in In mate Partner Homicide: Themes in Judges’

Sentencing Remarks”. Psychiatry, Psychology and Law (Online), Vol 25, Issue 3, pp 404 - 416.

Keatley, D., Parke, Griffiths, Pa nson, Keatley “Age-related physical and psychological vulnerability as

pathways to problem gambling in older adults”. Journal of Behavioral Addic ons, Vol 7, Issue 1 2018, pp

137 - 145.

Keatley, D., “A tudes and beliefs towards alcohol minimum pricing in Western Australia”. Health Pro-

mo on Interna onal, Vol 33, pp 400 - 409.

Keatley, D., Chan, D, Keatley, D, Tang, T, Dimmock, J, Hagger, M, “Implicit versus explicit a tude to dop-

ing: Which be er predicts athletes' vigilance towards uninten onal doping”. Journal of Science and Medi-

cine in Sport, Vol 21 2018, pp 238 - 244.

Keatley, D., Marono, A, Clarke, D,. “Unmaking a murderer: Behaviour Sequence Analysis of False Confes-

sions”. Psychiatry Psychology and Law, Vol 25, Issue 3, pp 425 - 436.

Keatley, D., Golightly, H, Shephard, R, Yaksic, E, Reid, S,. “Using Behavior Sequence Analysis to Map Serial

Killer's Life Histories”. Journal of Interpersonal Violence, Vol 1-23 2018, pp 1 - 23.

Lewins, K., Nair, A., “Interna onal Recent Developments: Australia”, 42 Tulane Mari me Law Journal

(2017/2018), pp. 533-568.

Lewins, K., “Shore Transfers and carrier liabili es under the Athens Conven on” (2018) 24 Journal of

Interna onal Mari me Law pp 173-177.

Ndonga D., Liza L., Mupanduki N. (eds.), “Impact and Implica ons of the WTO Trade Facilita on Agree-

ment in East and Southern Africa” (2018) WCO ESA ROCB, Nairobi.

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Kenny, M. A., & Loughry, M. (2018), Addressing the limita ons of age determina on for unaccompa-

nied minors: A way forward, 92 Children and Youth Services Review (2018), pp 15-21.

Quo, S., “Corporate insolvency reform in Australia: safe harbour provisions for directors from personal

liability for insolvent trading”. Company Lawyer, Vol 39, Issue 6 2018, pp 207 - 208.

Quo, S., “Update on corporate insolvency reform in Australia: safe harbour provisions for directors from

personal liability for insolvent trading”. Company Lawyer, Vol 39, Issue 7, pp 238 - 240.

Passmore, H., “Fetal Alcohol Spectrum Disorder (FASD): Knowledge, a tudes, experiences and prac ces

of the Western Australian youth custodial workforce”. Interna onal Journal of Law and Psychiatry, Vol 59,

Issue July –August 2018, pp 44 - 52.

Young, L., Easteal, P, Young, L, Carline, A, “Domes c Violence, Property and Family Law in Australia”. In-

terna onal Journal of Law, Policy and the Family, Vol 32, Issue 2 2018, pp 204 - 229.

Young, L., Goodie, J, “ Is there a need for more certainty in discre onary decision-making in Australian

family property law?” Australian Journal of Family Law, Vol 32, Issue 1 & 2, 2018, pp 162 - 188.

Book Chapters Bröhmer, J., “Expropria on, na onalisa on and resource protec on

- 'resource na onalism' and interna onal law”. Interna onal Natural

Resources Law, Investment and Sustainability, 2018, pp 162 - 182.

Bröhmer, J., “The Use of Force as a Response to Chemical Weapons

A acks – Might There Be Something Brewing in the Laboratory of

Interna onal Law?”, in: Zimmermann (ed.), A Commitment to Ex-

cellence - Essays in Honour of Emeritus Professor Gabriël A. Moens,

2018, pp 204 - 229.

Kenny, M. A., & Loughry, M. (2018). ‘These don’t look like children

to me’: age assessment of unaccompanied and separated children,

in: Protec ng Migrant Children. Edward Elgar Publishing.

Other Publica ons Copeland, A., “Review of the amalgama on of the Administra ve Appeals Tribunal”. Submission to the independent statutory review.

Evans, P., “AJCCL Ar cle Penal es Final”.

Evans, P., “Dominance and Deterrence”. Brief Vol 45 No. 4 April 2018.

Honey, R., “Review of the Family Law System”. Submission to the Australian Law Reform Commission.

Lewins, K., “Carriage of Passengers and Their Luggage by Sea” Le er to DOTI outlining third op on.

Lewins, K., “Carriage of Passengers and Their Luggage by Sea” The Athens Conven on Discussion Paper.

Shaw, S., “Comparison with NSW Costs Assessment Regime” Coulson’s Legal Costs Quarterly, July 2018.

2018SchoolofLawPublications