JuristDiction Magazine for University of Sydney Law School alumni 2018 edition - Shaking up the student law society 08
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Magazine for University of Sydney Law School alumni 2018 edition JuristDiction Frank tips for Insights from a Shaking up the Can human rights lifelong learning successful deanship student law society tame the bull? 02 06 08 12
From the Dean’s desk
—
This is the last message I shall write from the Dean’s desk, as I clear
my desk to make room for the next Dean of Law. I step down in
December 2018 after six years in the Dean’s chair, ever mindful
of what a great privilege it has been to serve in this role.
The University of Sydney Law School is In these pages you will find Professor I have had the pleasure of working with
a remarkable place. I have just returned Rosemary Lyster, eminent environmental some of the most brilliant minds in the
from a whistle-stop tour of Canadian lawyer with a particular expertise in country; and it has been a great joy
universities in Toronto, Ottawa and climate disaster law, who was recently to witness the success of our talented
Vancouver, where I spoke with students in named one of the 100 most inf luential students. I have enjoyed many invitations
‘pre-law’ societies about the benefits of a women by the Australian Financial to meet alumni from many generations,
Sydney law degree. Review. Dr Carolyn McKay’s fascinating and it has always been inspiring to see
work at the margins of art and criminal the remarkable things they do with their
In those presentations, I focused on law is featured in the article on the Sydney law degrees.
the exceptional work of the dedicated justiceINjustice exhibition. Dr Rosemary
scholars on staff, and the achievements Grey, recently appointed postdoctoral Professor Joellen Riley
of our brilliant students and the candidate, explains her work on the (BA ’79 MA ’85 LLB ’95 PhD(Law) ’05)
contributions they make to our world Khmer Rouge Tribunal. And the Dean, Sydney Law School
upon graduation. It is an easy task. There exceptional achievements of all our
are so many stories to tell, and this edition Sydney alumni is listed in the Australia
of JuristDiction provides even more. Day and Queen’s Birthday honours rolls.
This edition
—
02 13 18
Frank tips for lifelong Percy Valentine Storkey Gender-based crimes and
career learning Celebrating the life of the international criminal law
FRANK Team CEO Natasha Sydney law student and Dr Rosemary Grey sheds light
Munasinghe emphasises the Victoria Cross recipient. on the dark, forgotten corners in
importance of upskilling. international criminal courts.
14
04 Exhibition gives a voice to 20
The challenges of citizenship the voiceless Institute advocacy informs
Professor Helen Irving discusses The justiceINjustice exhibition public debate
the controversies and challenges sees artists and lawyers The Sydney Institute of
of Australian citizenship law. collaborate to expose the failures Criminology’s public forum
of the criminal justice system. on sexual assault exposes the
complexities of consent law.
06
Insights from a
successful deanship 21
Professor Joellen Riley reflects AI and the future of banking
on her time as Dean and why the Arts/law student Isabella Ledden
power is with young lawyers. teaches Westpac about the role of
artificial intelligence in banking.
08
Shaking up the Sydney 22
University Law Society Taking out top honours
President Ann Wen We couldn’t be more proud of the
celebrates the successes of University of Sydney alumni who
the student‑centred society. have been recognised for their
achievements in a variety of fields.
10
The gift that keeps on giving 24
Tom Yim honours his former Students to watch
lecturer with a gift that will help More than 100 law school
a new generation of law students. students received awards
at our annual Prize Giving
Ceremony.
12 16
Can human rights tame Women of influence
the bull? Professor Rosemary Lyster
David Kinley casts a weary eye has earned a spot in the 2018
over the revelations made by the Australian Financial Review’s
banking royal commission. 100 Women of Influence.
Produced by Marketing and Communications, Cover: Light-tower in front of the New 18/7793
The University of Sydney Law Building at the University of Sydney © 2018 The University of Sydney
01
Alumni achievements
—
Frank tips for lifelong
career learning
FRANK Team CEO Natasha Munasinghe (BA ’05 LLB ’07)
leads a company that has helped almost 100,000 people
upskill for a changing world of work. The workforce training
leader urges students and established professionals to
“proactively educate yourself” throughout life.
For Natasha Munasinghe, a lawyer turned entrepreneur and Since founding FRANK Team, Munasinghe has become
workforce expert, polymath is a label that does not quite cover a role model for entrepreneurial international students, a
her achievements. trusted industry advisor and respected media commentator.
Her collaborations with a diverse cross-section of employers
In 2003, the University of Sydney alumna founded FRANK makes her well-placed to identify desirable workforce skills
Team with little business experience. An education and for Australia’s dedicated international students.
training company, it has since advised Westpac, the Institute
of Chartered Accountants, the Australian Institute of “The biggest challenge for millennials is to be able to live in a new
Management, the Australian Federal Police, Group of Eight reality where you will continually need to learn and upskill,”
(Go8) universities, and community organisations. says Munasinghe.
“The most important thing business has taught me is that it’s “Be an agile learner and get used to being outside your comfort
always about people,” says Munasinghe. “If you treat people zone throughout your career. It’s a valuable skill set but
well and communicate openly and authentically – especially not necessarily an easy one. Most people will need to be
when times are rough – most people are willing to work entrepreneurs, with their own career as their own business
with you and support you. Australia is a great place to build – whether they know it or not.”
a business. Other businesspeople are very giving with their
time and help.”
02
Alumni achievements
—
Munasinghe is taking her own advice, too. By 2020 she will
have completed a Stanford University program in innovation,
entrepreneurship and design thinking. All while learning to
code – a skill that she sees as key to lifelong learning.
“Coding for me is necessary to thrive in the world we live in today
and more importantly the world of tomorrow. It’s an essential
skill set. Learning how to code, I have come to realise, is not
[only] about learning a programming language. It’s actually
about optimising your own learning process.”
The University of Sydney and Stanford University are but
the latest staging grounds for this remarkable entrepreneur.
Munasinghe was born in Sri Lanka and raised in Fiji. Her family
moved to Australia for work and her education.
As an international student at the University of Sydney, she did
placements in Canberra and Sydney, worked in administration
at Médecins Sans Frontières and in a call centre.
Humility and hindsight are hallmarks of the best business
leaders. So, it is little surprise she takes lessons from even these
earliest working experiences.
Médecins Sans Frontières provided a grounding in office life,
workload prioritisation and time management. Call centre work
was “incredibly tough”. But it was also useful training in key
performance indicators and sales methods.
She recalls her time at the University of Sydney Law School as
one of “high quality opportunities”. Today, she is giving back
to her fellow alumni, as a University of Sydney alumni council
member.
Of course, her day job puts her in a prime position to help
young students and lawyers too – and she is warm in her “Most people will need
encouragement for those starting out in a pressurised,
perfectionist world. to be entrepreneurs,
with their own career
“I would tell [law students] to explore, experiment and be bold,
especially in their younger years. I would also tell them to accept as their own business.”
failure as a necessary part of life and to create for themselves
a process for overcoming failure. This is important,” says Natasha Munasinghe
FRANK Team CEO and University of
Munasinghe. Sydney Alumni Council member
“We are living in an uber exciting era where technology is going
to make a lot of what was impossible previously, possible. And
we all get to be part of this creation – so embrace that fully.”
03
Research excellence
—
The shifting sands
of citizenship
Diversity, dual nationality and national security measures
are changing ideas about citizenship. JuristDiction spoke to
Professor Helen Irving about the controversies and challenges
for Australian citizenship law in a new millennium.
As a leading expert in constitutional citizenship, Professor “Citizenship theory talks about ‘the good citizen’ and the civic
Helen Irving has spent decades researching the legal and duties of citizenship,” she says. “But in law there’s an important
political realities that impact citizens around the world. distinction between the actual legal status of being a citizen and
not being one.”
She is now working on a timely new Australian Research
Council (ARC) project about citizenship and allegiance. The It’s true. You can’t vote, stand for parliament, work in parts of
project asks key questions about citizens’ duties and allegiance the public sector or get certain social benefits, unless you are
to the state – and what national loyalty means when you hold an Australian citizen. And as long as you are one, you can never
two passports. be deported.
04
Research excellence
—
Importantly, citizenship can be revoked. In 2017, Khaled “The dual citizenship
Sharrouf became the first Australian dual citizen to be stripped
of his citizenship under federal anti-terror laws. Without crisis got the public
Australian citizenship, Islamic State fighters like Sharrouf can
never return legally to Australia. talking about the
concepts, ideas, duties
Citizenship law has made its impact known in Canberra, too.
For more than two years, a previously dormant section of the and responsibility
constitution has interrupted the careers of MPs and senators
who unknowingly held dual citizenship. Bloomberg dubbed of citizenship.”
this the “world’s most ridiculous constitutional crisis”. Professor Helen Irving
The University of Sydney Law School
For Professor Irving, it’s an issue that highlights the continuing
significance of allegiance in the law. “It got people talking about
the concepts, ideas, duties and responsibility of citizenship,”
she says. “Yet that [public debate] is not being reflected in how
the law has adapted to these shifting conceptions.”
The issue also showed how difficult it can be to fact-check
potential citizenships. “There’s a widespread misapprehension On our legal pad
that it’s easy to determine if you’re a citizen of another country. −− Professor Irving has researched married women’s
It’s actually not. It can be costly and time-consuming. loss of citizenship and women’s roles in shaping
constitutions, including with a previous ARC
You need expertise most people don’t have, such as identifying, grant. Among her other publications, Cambridge
reading and understanding law. The relevant law might not University Press will soon publish Women as
even be in English,” she says. How lawmakers and courts deal Constitution-Makers, a book she has co-edited.
with the dual citizenship question could play a major role in −− When she is not reading The New Yorker or
supporting – or preventing – a greater diversity of voices The Times Literary Supplement, she volunteers
in federal politics. Professor Irving points to “important each fortnight to read newspapers for the
consequences” for those entitled and willing to nominate vision‑impaired on 2RPH, a radio reading service.
as MPs.
−− She also researches United States constitutional
It’s one reason why her ARC project could be so important. law and held the Chair of Australian Studies
It could provide a much-needed yardstick to help lawmakers at Harvard between 2005 and 2006.
measure new legislation about citizenship and allegiance.
From the White Australia policy that barred non-European
immigration, to the ‘Allegiance to Australia’ Act that claimed
Sharrouf’s passport, this legal area has long been contentious.
For example, younger Australians might be surprised to learn
it was the 1980s before Australian citizens were no longer
defined as British subjects. Or that until 2002 you could not be
naturalised abroad without losing Australian citizenship.
It’s often overlooked, too, that between the 1870s and late 1940s
Australian women who married foreign men were immediately
stripped of their citizenship. This practice was widespread
globally. Times are continuing to change, says Professor Irving.
“Broadly, Australian law today doesn’t make gendered, ethnic,
racial or religious distinctions around citizenship,” she says.
05
Honouring our staff
—
Insights from a
successful deanship
Professor Joellen Riley is about to complete her term as Head of
School and Dean of the University of Sydney Law School. As she
prepares to teach and research again next year, JuristDiction
asked her to reflect on her deanship. She shares her highlights
and explains why a legal life is a bit like Star Wars.
Alumni successes span far and wide The force is with aspiring That’s why I have always loved hearing
Some of my most rewarding times as young lawyers about their great experiences across our
Dean were with alumni. I’ve been a In an orientation week speech early in my undergraduate, Juris Doctor and master’s
student or academic here since 1992, deanship, I encouraged students to think programs. It has made me very happy to
so I often meet outstandingly successful of themselves as ‘Padawan’ or apprentices, see many young people taking advantage
lawyers who were once classmates in a great, noble legal profession; not as of our overseas exchange opportunities
or students. consumers of a legal education. Their and programs in places like China, the
teachers could be seen as ‘Jedi’, who are a United States, United Kingdom, Japan,
I recently had dinner in Toronto with six few steps ahead on the path to knowledge. and Singapore.
Canadian graduates, who are enjoying
successful careers at the bar and in their When Pete Lead, our wonderful former Law and technology share an
own practices. It was lovely to share executive officer, heard this, he gave exciting future
memories with them and hear how they me a toy Yoda from Star Wars. His gift When I was a student, we pulled hard
have appreciated our rigorous legal takes pride of place on my memorabilia copy law reports from the shelves
education. shelf, beside my second favourite item, during discovery. It was harder to get an
a plastic trophy given to me for being unreported judgement. There was no
I’ve been privileged to meet eminent vice president of Sydney University Law internet. Now, many sources are readily
alumni at home, too. Last year, Bruce Society in 1994. That trophy reminds me available online. Still, even nowadays,
Corlett AM invited me to a lunch at the we are here for our students. nothing replaces being in classes, talking
Union, University & Schools Club, which with excellent teachers and peers. People
celebrated 50 years since a particularly go to great universities to meet and work
famous win by our rugby team. Our with other people.
graduates at lunch were fit and well.
Life in law is obviously good.
06
Honouring our staff
—
“Society will always
need people with
sound legal skills.”
Professor Joellen Riley
Head of School and Dean
Professor Riley – timeline of achievements
1975–80
Completed Bachelor of Arts (Honours) in English
Literature, Diploma of Education (Secondary), and Master
of Arts in English Literature at the University of Sydney.
1980–83
Worked in publishing.
1984–91
Worked as a journalist for the Australian Financial Review
and various magazines.
1992–95
Completed Bachelor of Laws at the University of Sydney
I think new technology can broaden with first class honours. Won the University Medal before
people’s access to legal help. We currently being admitted to practice.
have a justice system that many cannot
afford. Online legal advice platforms can 1995–96
help by solving family property disputes Attended Oxford University (1995–96) to complete Bachelor
and other problems, without the need of Civil Law.
to consult a solicitor or brief a barrister.
Technology won’t replace skilled legal 1995–97
work, though. Society will always need Worked for Mallesons Stephen Jaques (today known as
people with sound legal skills. King & Wood Mallesons).
While I’ve been Dean, we’ve recruited 1998–2006
researchers who use their sharp legal Became a Sydney Law School lecturer in 1998; was
skills to solve major problems with promoted to senior lecturer in 2004.
scientists, doctors and other experts
from beyond the law. As lawyers, we 2006–08
will continue to publish high-impact Joined the University of New South Wales as Associate
research that helps the profession, Professor in Commercial Law. Became a professor in 2008.
government, industry and society. Look
at my colleague Dr Belinda Reeve. She is 2009–12
working with obesity experts to improve Rejoined Sydney Law School as Professor of Labour Law.
food governance, so children and adults Served as pro dean in 2012.
can have much healthier diets.
2013-18
Served as Sydney Law School Dean.
07
Student experience
—
Shaking up the Sydney
University Law Society
From strengthening LGBTIQ+ support in firms and
the bar, to launching the inaugural women’s mooting
program, there’s a lot to celebrate in 2018 according to
Sydney University Law Society President Ann Wen.
In 2018, the Sydney University Law Ensuring the social program caters to Further, our Women’s Portfolio, Queer
Society (SULS) continued the hard work a broad range of interests and groups, Portfolio, First Nations Portfolio,
of previous executives and introduced a this year the society introduced the International Portfolio and Ethnocultural
series of new initiatives to enrich the law ‘SULS does culture’ series, focused on Portfolio have continued to advocate
student experience. non-alcohol-centred events such as film for less advantaged students. We have
screenings at the Art Gallery of New continued to build female professional
The social agenda started off with the South Wales and comedy nights. networks, strengthened LGBTIQ+
O-week law party, bringing together new support in firms and the bar, donated
and old students before classes officially We’ve been especially proactive in to First Nations community projects,
started. But even with classes going, engaging a diverse range of students. welcomed international students and
we’ve hosted drinks, first-year law camp, For starters, all SULS social events and launched a SULS race journal and panel.
trivia, informals and an interfaculty textbook schemes are supported by equity
pub crawl. grants, so students can join and get the
most out of their university experience
regardless of socioeconomic status.
08Student experience
—
Student wellbeing has also been a major We are especially proud of our mooting
focus for the society this year. We’ve successes this year as quarter-finalists,
created plenty of opportunities for semi-finalists, runners-up and winners
students to get involved in social and in a number of intervarsity and
competitive sport and provided free international competitions. 2018 saw
bouldering, yoga and running sessions the launch of the Sydney Law School
for members to help combat stress and and SULS inaugural Women’s Mooting
fatigue, especially during exams. Program, to encourage and develop
women in mooting. This was organised by
Those who aren’t members might not 2017 Jessup winner and alumna, Alyssa
know that SULS works closely with Glass, embodying the spirit of mentorship
the University of Sydney Law School that is central to law at Sydney.
to develop a strong curriculum and
improve the learning experience of its SULS is grateful for the thriving Sydney
students. We do this by getting involved Law School alumni community and
in the student and staff curriculum optimistic about future generations.
boards, the education guide and annual It has been a privilege serving and
student survey. celebrating the Sydney law community
this year.
Opposite: SULS social evening
Significant work has also gone into Above: Launch of annual ‘Race Journal’
Below: The Hon. Michael Kirby AC CMG
our Careers Portfolio, which provides with student
students with insight into the public and
private sectors, academia and research,
international and domestic practice, and
access to the annual Careers Guide which
explains the ins and outs of applying,
qualifying and practising in a range of
legal sectors.
09Honouring our staff
—
Law professor inspires gift
to help future students
The Colin Phegan Lectureship is giving future generations
the skills and confidence needed to study law.
Tom Yim says he would never have got In honour of the professor who helped It is Yim’s second major gift to support
through university without the help of him through law school, philanthropist the Colin Phegan Lectureship, a teaching
Emeritus Professor Colin Phegan. Now Tom Yim has donated $195,000 to position at the University of Sydney
he is honouring his former lecturer support law students. Law School that the Yim family helped
by making a gift that will help a new establish with an initial $180,000 gift in
generation of law students. 2013. The lectureship is named for former
law school dean, Emeritus Professor
Colin Phegan.
10Honouring our staff
—
When Yim first arrived at the University To his students, Dyer acts as a guide and “The legal reasoning techniques Andrew
in 1969, he struggled. He had grown up translator. His approach and the way he taught were not limited in application
in Hong Kong and English wasn’t his first structures the course means he can break to the contracts and torts subjects. The
language. “I had to use a dictionary for down complex legal analysis and provide reasoning methods he instilled were
every paragraph I read,” he says. “It was his students with the building blocks critical in helping me successfully
a challenge and I wasn’t a good student.” needed to be able to read a judgement complete other first-year subjects, such as
correctly, apply statute, come to legal criminal and public law. And, I continue
Professor Phegan noticed Yim was having conclusions and answer a problem to draw upon Andrew’s legal reasoning
trouble, pulled him aside and talked him question – to essentially learn the techniques in my other subjects,” says
through some of the complexities of case language and how to approach law. student Thomas Poberezny-Lynch.
law. “It was just a 20-minute talk, but
without it, I would never have made it Dyer came to law after a stint working As for Yim, after graduating he practised
through,” says Yim. in television, acting in and writing law then moved into business and
sketch comedy for Channel Seven. His investment. “Having some background
When Yim told current Dean and Head background in drama has only added to in law is extremely useful in business,”
of School Professor Joellen Riley that the success of the course and won him the he says. “I’m so grateful that I had an
he wanted to make a gift in Professor respect of his students. education and I’m so grateful that I have
Phegan’s honour, she suggested he help an opportunity to give back.”
establish a new teaching position. “Andrew’s theatrical teaching style
reminds students that the law, rather He is thrilled with the progress Dyer
In 2014, Andrew Dyer was appointed than existing in the abstract, is found in has made at the law school. “He’s giving
as the inaugural Colin Phegan lecturer. firecracker mishaps at night markets and students the opportunity to talk through
His first task was to create a course that calamities in ticketed car parks. In this issues of case law and helping them get
would help first-year students in the Juris way, Legal Reasoning brought the law through the mist, so to speak.
Doctor graduate degree program gain the back within our grasp,” says Juris Doctor
skills and confidence needed to study law. student, Eleanor Makeig. “That’s exactly how Colin Phegan
helped me in those 20 minutes all
Dyer’s Legal Reasoning course aims to Yim’s latest gift will ensure Dyer can those years ago.”
help students read cases and other legal continue his work. The new course
material, and answer questions with the has been a hit with students. Dyer
precision required in law exams. “A lot is particularly pleased about the
of people who come into law have a hard feedback from international students
time because they just haven’t read this of non‑English-speaking backgrounds.
sort of material before and they’re not
sure how to interpret it,” Dyer says. “Many of them have said the tutorials have
been particularly helpful because they’re
David Helvadjian came to the law school coming from totally different societies
having worked in compliance roles. He where there is a different legal culture,”
reveals “I thought I would be able to start he says. “They’ve told me it’s really
my legal education merely by picking up helped them understand what’s required
a law book. However, I quickly realised at law school in Australia.”
I was encountering an entirely different
language and approach.” For a majority of students, the important
skills gained in Legal Reasoning have
carried over throughout their degrees.
Opposite: Emeritus Professor Colin Phegan
Right: Andrew Dyer
11Research excellence
—
Can human rights tame the bull?
The revelations of the banking and financial services royal
commission have provided a fortuitous background to the
arguments David Kinley advances in his new book Necessary Evil.
You know things have reached a low ebb cultivates selfishness, encourages deceit, and shares, through lending, credit,
when the counsel assisting the banking and rewards avarice – don’t they? Maybe, trading and insurance services, to taxation,
and financial services royal commission but not always and not all the time. In fact, remittances, foreign aid and philanthropy
asks ruefully what financial institutions finance can and has been an enormous – can be harnessed in ways that help human
are up to when “left alone in the dark force for good, as well as bad. rights, not harm them. Standing in the
with our money”, before going on to way of that goal are finance’s hubristic
answer his own question with a litany of The wealth it has helped generate, tendencies. The sector’s immense size,
inglorious, technicolour skulduggery. especially over the past 50 years or so, power and prevalence promote the notion
The Australian Banking Association has allowed global poverty to plummet of “financial exceptionalism”, whereby
adds a truly surreal flavour to the mix by and people’s health, education and finance justifies its own existence; deemed
announcing that it has “refreshed” its general living standards to rise markedly. an end in itself, rather than a means to help
industry code with the aim “to achieve other ends.
stop banks charging fees to dead
people and to ensure they only I argue a way around this
extract fees from customers in obstacle. To reassert finance’s
exchange for services actually role as a utility intended to
provided”. Really?! serve society, not to subvert
it. Where it can be just and
As a matter of fact, rafts of fair, as well as efficient and
criminal, corporate, contract profitable, and thereby better
and consumer protection serve human rights ends. In
laws already prohibit such part, this can be achieved by
nefarious activities, yet their enhanced regulation (clearer,
practice, evidently, is rife. The better enforced and above all,
problem, as Commissioner less beholden to the sector),
Kenneth Hayne pointedly but more importantly, it can
puts it, is not the law but the and must come from within
chronic lack of compliance the sector itself. For if finance
with it and enforcement of it. is truly to regain the public
That the finance sectors’ excuse for this Financial inclusion has helped individuals trust it has so spectacularly lost in recent
circumstance boils down to “everybody and families to break cycles of poverty, years, the prevailing perversities of its
else is doing it” (what Warren Buffett and publicly funded welfare systems have institutional culture and the incentive
calls the five most dangerous words in enabled communities to look after the schemes must be fundamentally
business), bears out Hayne’s argument. disadvantaged and less able. overhauled.
Appearing before a parliamentary inquiry And so it should. As Adam Smith Putting people before profit means
in mid-October, National Australia reminds us, the only valid reason for any that bankers and financiers must take
Bank’s CEO Andrew Thorburn used economic system built on “the pursuit seriously their human rights impact.
almost identical words to explain how of self‑interest” is that it promotes the By doing so, not only would they help
banking has “drifted” over the last 20 greater good of society. protect human rights, they could
years away from “serving customers” and rehabilitate themselves.
towards … well, he wasn’t so clear about In writing Necessary Evil, I set out to
that, but he implied that it was profits argue that very point on a global scale Necessary Evil: How to Fix Finance by
and the expectations of shareholders. in the specific context of human rights. Saving Human Rights by David Kinley,
Maybe we shouldn’t be surprised by To investigate how finance, through its is published by Oxford University
all this. After all, banking and finance myriad forms – from capital, cash, bonds Press (2018).
12Alumni achievements
—
Percy Valentine
Storkey
The Sydney law student
who won a Victoria Cross
Celebrating the life and achievements
of a University of Sydney Law School
graduate and one of Australia’s bravest
and most distinguished legal minds.
This year marks the centenary of One hundred years on, the well-attended It’s said that the initial success obtained
the award of the Victoria Cross to event demonstrates the significance of in the battle was largely due to his
University of Sydney Law School Storkey’s achievements and valuable efforts. While greatly outnumbered and
student Percy Valentine Storkey (VC, contribution to Australia, both as a out‑gunned, it was his courage and skilful
LLB). In recognition of this historic decorated soldier with the Australian plan of attack that saw the six men in his
occasion, Sydney Law School hosted Imperial Force and a remarkable lawyer. company advance the line and ultimately
a commemorative address on 11 April, achieve victory. It was these actions that
given by Rear Admiral the Hon. Justice The Victoria Cross was the highest award won him the Victoria Cross.
MJ Slattery RANR in his honour. for gallantry that could be conferred on
a soldier of the British Empire during After the war, Storkey returned to
the First World War. Sixty-six men from Australia and resumed his legal studies,
Australia received the Victoria Cross which had been disrupted by the war. He
and Percy Valentine Storkey was one of qualified as a lawyer in 1921 and after
only two Australian lawyers to receive working in private practice for some years,
the award. he became a crown prosecutor for the
New South Wales Department of Justice.
Storkey was presented with his Victoria Shortly after the Second World War, he
Cross by King George V at Buckingham was appointed as a district court judge,
Palace for his actions on 7 April 1918 at presiding over the northern district of
Hangard Wood, near Villers-Bretonneux. New South Wales.
In an important but ill-fated attack After his death in 1969, the machine gun
beyond Villers-Bretonneux, a few days that Storkey captured during Hangard
after the first German attempt to take the Wood was made available for the public to
town had been defeated, Storkey bravely view at the Australian War Memorial in
led bayonet assaults against enemy Canberra, where a street is also named in
machine gun positions. his honour.
Left: Sydney Law School commemorative event held in April 2018
13Community engagement
—
Criminologist and artist
Carolyn McKay highlights injustice
through innovative exhibition
Artists exploring criminal injustices is not a new genre, but
lawyers taking the lead in collaborating with artists in an
exhibition that exposes these injustices definitely is.
The University of Sydney Law School’s One of the works, Richard Lewer’s With Lewer as narrator and guide, his
Dr Carolyn McKay curated the Never shall be forgotten – a mother’s animation relates the story from the
justiceINjustice exhibition which brought story, responds to the deaths of young perspective of John Pat’s mother, Mavis.
together three lawyers and seven artists Aboriginal men in custody. John Pat’s death, as a juvenile in police
to present instances where the criminal custody, was a catalyst for the Royal
justice system has, apparently, failed. In 1983 in Roebourne, Western Australia, Commission into Aboriginal Deaths in
Through research, discussions and 16-year-old John Pat was gravely injured Custody (1987–91) that investigated
meetings with impacted families, the during a fight with off-duty police officers the deaths of 99 Aboriginal and Torres
artists presented impactful works that and he later died of his injuries in the Strait Islander people. Arising from the
explore high-profile cases of wrongful police lock-up. The following year, the royal commission were recommendations
conviction, wrongful detention, police officers were acquitted of his targeted at the practices of correctional
excessive use of police force, failures manslaughter by an all-white jury. and law enforcement authorities.
to bring perpetrators to account, and
deaths in custody.
14Community engagement
—
The theme of systemic failure in were never treated as suspected homicide sensoriality and intuition to produce
detention and the dereliction of the duty or investigated adequately by police at work that is both creative and
of care continued with Corinne Brittain’s the time. critically engaged.
installation, STRANDED (I have done
nothing wrong) critiquing the treatment of justiceINjustice challenged all the artists The first-hand experiences, illuminating
Cornelia Rau. on a number of levels, in terms of the back stories and insights of the three
curatorial directive to create work outside lawyers, sparked creative concepts
Ms Rau, a permanent Australian resident, their usual practice, in the confronting and responses. The resulting works
was wrongfully detained in a Queensland nature of each case, and in the need to be reveal alternate perspectives of
prison and then at the notorious Baxter sensitive and respectful to those involved these public interest cases, as well as
Detention Centre in South Australia in great trauma. tangible and immersive means for
while suffering from mental health issues. understanding injustice.
Throughout her wrongful detention, “Several of the artists reported initially
including solitary confinement, it was feeling extremely daunted by the task justiceINjustice was curated by artist
reported that her recurring mantra of sifting through and interpreting and criminologist Carolyn McKay from
was “I have done nothing wrong”. legal materials and arcane text, and Sydney Law School and produced by
in holding discussions with grieving Jessi England in collaboration with The
Brittain’s work of rusted wire mesh family members,” explains curator Lock‑Up. Featured artists included
and red cotton twill, developed in and criminologist Dr Carolyn McKay. Corinne Brittain, Rob Cleworth,
consultation with the Rau family, Blak Douglas, John A Douglas, Leah
reflects on the frustrating ‘red tape’ and “As one artist stepped into the unfamiliar Emery, Lezlie Tilley and Richard
‘buck-passing’ that characterised this territory of coronial inquests, police Lewer. Collaborating lawyers include
disastrous incident. Her work also invites integrity investigations and criminal Ray Watterson, Robert Cavanagh,
us to pause and consider our ongoing procedure, he described the project as one and Karen Wells.
treatment of those in our immigration of the most engaging and rewarding and
detention facilities. simultaneously, the most difficult.” The justiceINjustice exhibition was recently
None of the commissioned artists had awarded the Museums & Galleries of NSW
The exhibition also drew attention to previously worked in collaboration IMAGinE Exhibition Projects Award for
investigative failure in the cases of three with lawyers. While the lawyers came galleries with two or less, paid staff members.
young women from Newcastle who to the project from a discursive world,
disappeared in the 1970s and whose cases the artists focused on materiality,
Opposite:
Richard Lewer,
Never shall be
forgotten – a
mother’s story, 2017
Right: Corinne
Brittain, STRANDED
(I have done nothing
wrong), 2018
15Research excellence
—
Environmental law expert named
in 100 Women of Influence
University of Sydney Law School’s Professor
Rosemary Lyster earns a spot in the 2018 Australian
Financial Review’s 100 Women of Influence.
Rosemary Lyster, Professor of Climate and Environmental The Act, which was passed last year, includes a number of new
Law and Co-Director of the Australian Centre for Climate and measures including an emissions reduction target of net zero by
Environmental Law, was recognised for her role in influencing 2050. The most significant actions include:
and changing public policy in the area of climate law and climate −− a model to reduce emissions from the government’s
disaster law. own operations and across the economy
In 2015, she was appointed by the Victorian Government to −− policy objectives and a set of guiding principles to embed
a three-person independent committee to review the state’s climate change in government decision-making
Climate Change Act 2010 and make recommendations to place −− an adaptation action plan for key systems that are either
Victoria as a leader on climate change. vulnerable to the impacts of climate change or essential to
Victoria’s ability to respond to climate-related disasters.
16Research excellence
—
It is the impact of climate change and our readiness to respond Professor Lyster’s current research focuses on documenting and
that Professor Rosemary Lyster believes is one of the most analysing the damaging effects that neoliberal governments
significant challenges to face Australia in the future. have had, and continue to have, on environmental and climate
change regulation.
“Around the world, the costs of preparing for, responding to, and
rebuilding post-disaster are escalating as extreme weather and “Australian governments – especially coalition governments –
slow onset events intensify. In the absence of insurance, these have embraced a major deregulation campaign to free up
costs will be borne by taxpayers and are almost never budgeted business from what they regard as ‘unnecessary’ regulation,”
for by government, while governments are also slow to engage she says.
in pre-disaster risk reduction,” she says.
A prime example was the Abbott government’s repeal of the
The Victorian climate change act is a step in the right direction carbon price mechanism. In New South Wales, the Coalition
in terms of developing effective law and policy responses, but has repealed legislation protecting biodiversity and native
similar measures need to be introduced throughout the whole of vegetation and replaced it with a watered-down version. This
Australia. The federal government needs to be more proactive is seen as reducing the regulatory burden on farmers but it
in passing legislation to reduce emissions and foster climate may also have serious consequences for biodiversity when
change adaptation and disaster risk reduction. it is already threatened by climate change.
“To truly be a leader on climate change, Australian “There, adverse changes come at a time when strong and
governments also need to reassess their approvals for large effective legislation is needed to protect the environment
coal mines,” argues Professor Lyster. and build the resilience of all of the ecosystems which sustain
human and non-human life, especially as climate disasters
“Australia has a moral and ethical obligation to consider the and their impacts are on the rise.”
impacts of climate change on its own citizens, its immediate
neighbours in the Pacific and every other developed and
developing country in the world. The time for pretending that
coal and coal-fired power has a role in the world’s future energy
mix is over.”
17Research excellence
—
The challenges of prosecuting
gender-based crimes in
international courts
The University’s newest postdoctoral fellow
Dr Rosemary Grey brings her expertise in international criminal
law and gender to the University of Sydney Law School.
Dr Rosemary Grey has spent the last 10 What does a gender assessment of the the Khmer Rouge period? Have women
years studying trials at the International Khmer Rouge Tribunal entail and why and men had an equal opportunity to
Criminal Court and working to support is it important? participate in the trials? Have they had
Hague-based organisations, including Gender-based crimes, especially rape, an equal opportunity to visit the tribunal
the Women’s Initiatives for Gender sexual violence and forced marriage, and learn about it? Have the tribunal’s
Justice and the Amnesty International’s are extremely common in times of war. reparation orders (ie, the projects it
international justice team, focusing on The consequences for victims and their funds for victims) served women and
the law and practice of prosecuting sexual communities are devastating. Despite men effectively?
crimes; a challenging task, especially that, these crimes have historically been
in times of war when records are scarce largely invisible in international war The prosecution of gender-based
and victims number in the hundreds crimes trials. crimes in international criminal
or thousands. tribunals is relatively new. Is it
As a result, perpetrators have not been difficult to prosecute?
It is this unique focus that she brings held to account, victims have not received Prosecuting international crimes is an
to the Sydney Law School, where, as a justice, and gender-based violence has extremely difficult task. The crimes
multidisciplinary postdoctoral fellow, she been largely invisible in these trials. For are legally complicated; the cases
will draw on the expertise of international the last 10 years, my work has focused on often include hundreds or thousands
lawyers at Sydney Law School and making gender-based crimes more visible of victims, and investigations often
regional specialists in the Sydney in international war crime trials in order take place in conflict or post-conflict
Southeast Asia Centre to conduct the first to increase justice to victims, especially states, which has added security risks.
comprehensive gender assessment of the women and girls. Additional challenges arise in the Khmer
United Nations-backed ‘Khmer Rouge Rouge Tribunal, where the alleged
Tribunal’, whose mandate is to prosecute My project at Sydney Law School will crimes occurred more than 40 years
genocide, war crimes, crimes against focus on the Khmer Rouge Tribunal, ago, meaning that documents have been
humanity, and other offences committed which is operating currently in Cambodia. lost, the memories of witnesses have
in Cambodia from 1975 to 1979. I’ll be asking questions including: faded, and many witnesses/victims
how effective has this tribunal been in have passed away.
prosecuting gender-based crimes during
18Research excellence
—
Dr Rosemary Grey (above) has spent the
last 10 years studying trials at the
International Criminal Court (right).
These challenges are compounded for I’m interested to see how the idea of an I typically spend one to two months in
gender-based crimes, especially sexual “international” or “universal” justice the court’s location per year to conduct
violence crimes, for reasons including system actually works in different the interviews. This year, I spent
the shame and stigma associated with cultural contexts in this region. those months in the Hague, finishing
the crime – it may take longer for interviews and court observations at the
investigators to build trust with the When I pitched my project to the Sydney ICC for my forthcoming book, Prosecuting
victims; outdated assumptions that Southeast Asia Centre last year, my focus Sexual and Gender-Based Crimes at the
sexual violence is a ‘lesser’ war crime was solely on the Khmer Rouge Tribunal International Criminal Court. In 2019
mean that it is not always investigated because of its location in Cambodia. In and 2020, I’ll do the same in Phnom
and charged as a priority; and even the months since, the ICC has become Penh for the Khmer Rouge Tribunal. But
where sexual violence is charged, there active in the Asia-Pacific region too. It more immediately, I’ll be heading over to
is a tendency for judges in international has started analysing the expulsion of Phnom Penh to attend the judgement in
criminal tribunals to see it as outside the Rohingya people from Myanmar into the tribunal’s second case, which includes
sphere of influence of the accused, who is Bangladesh, as well as the “war on drugs” charges of genocide and forced marriage,
typically a high‑level military or political in the Philippines. So, my project now among other crimes.
leader, rather than a foot soldier who looks at both courts – the Khmer Rouge
physically commits the crime. Tribunal and ICC – focusing on their What do you hope to achieve with
work in the region. your research?
What drew you to this particular To be part of a long-overdue reform which
period and case? What does your research involve? began in the 1990s, and still has a long
In the period I spent studying trials at My research combines legal research way to go. The aim of this reform is to
the International Criminal Court, and into ongoing trials, which I conduct from make international criminal justice more
working in partnership with NGOs that the Sydney Law School, combined with responsive to the needs of all people –
engage with that court, its cases were interviews with court staff including men, women, boys, girls, and people of all
all from Africa. I’m now interested to prosecutors, defence counsel and gender orientations and sexual identities.
move my focus closer to home, to the victims’ counsel.
Asia‑Pacific region.
19Community engagement
—
Institute advocacy informs public
debate on sexual assault and consent
Policymakers, legal The issue in each of these legal processes Since Saxon Mullins has spoken out,
in the Lazarus case was consent and the NSW Law Reform Commission is
professionals, knowledge of Saxon Mullins’ non-consent examining whether this provision of our
academics, agency
by the defendant, Luke Lazarus. criminal law should be amended. One
possible reform is the introduction of
representatives and The law of consent in NSW is complex. a ‘communicative model of consent’,
The offence of sexual assault involves which would shift the focus of the law to
members of the public sexual intercourse without consent, what the complainant does to indicate
attended the Sydney
and knowledge of non-consent. To consent. For example, the Tasmanian
prove sexual assault, the prosecution criminal code provides that a person does
Institute of Criminology’s must prove that non-consensual sexual not consent if he or she does not say or do
intercourse took place and that the anything to communicate consent.
public forum to discuss defendant knew that the complainant
reform of sexual assault
was not consenting to sex. The Sydney Institute of Criminology’s
recent submissions to the NSW Law
and consent law in NSW. Since 2007, NSW law has included a Reform Commission review into
positive definition of consent – as free sexual consent legislation are part of
and voluntary agreement – and provided the institute’s ongoing commitment
The global rise of the #MeToo movement that knowledge of non-consent may be to criminal law advocacy to inform
brings the public and political discussion proved on the basis that the defendant public debate.
around sexual harassment, sexual assault knows the complainant does not consent,
and consent into a new era, one in which or is reckless as to non-consent, or on the The NSW Law Reform Commission has
interpersonal interactions in professional basis that the defendant has no reasonable now issued a consultation paper on this
and other contexts are being subject to grounds for believing the other person topic, and invites comment on potential
fundamental re-examination. consents. It was this last section of this reforms to the law from stakeholders
provision that was a particular issue in in government, academia, the legal
In this era, the practice of speaking out the Lazarus decisions. profession and the community.
has enhanced prominence, with women
(the majority of victims of sexual assault This last way of proving the mental The turnout at the event in August and
and sexual harassment) taking advantage element of the offence requires the the robust conversation it generated
of social media to identify themselves and fact-finder (a jury or a judge if sitting emphasises the importance of a
their attackers/harassers. alone) to have regard to ‘any steps’ taken range of public forums to inform the
by the defendant to ascertain whether community on criminal law and criminal
The discussion in New South Wales the complainant was consenting justice, and the challenges of striking
(NSW) has been focused on the Lazarus and not to consider the defendant’s the right balance between victim and
case. Luke Lazarus was tried for the self-induced intoxication. defendant rights.
sexual assault of Saxon Mullins following
sexual intercourse between the two
outside a Kings Cross nightclub in 2013.
There were two trials and two appeals
in this complex case, and they attracted
extensive media attention both in
Australia and overseas.
The willingness of Saxon Mullins to
forego her anonymity, be identified as
a victim and survivor of sexual assault
and be interviewed on the ABC’s Four
Corners in May 2018 was the catalyst
for the reference given to the NSW Law
Reform Commission regarding consent
and sexual assault in criminal law. Left to right: Dr Carolyn McKay, Dr Tanya Serisier, Professor Arlie Loughnan,
Associate Professor Rita Shackel and Mr Andrew Dwyer at the forum.
20Student experience
—
Transforming the
future of banking
Final year arts/law student Isabella Ledden speaks on
teaching Westpac about artificial intelligence and the
value of seeking out interdisciplinary perspectives.
When the time came to choose my Taking this unit meant I worked as part of Contrary to what most law lecturers
final law electives, I wanted to take a a truly multidisciplinary team to deliver a will insist on, when marking an essay
subject which went beyond a theoretical final boardroom pitch and accompanying or problem question, this unit taught
understanding of a particular practice report to a panel consisting of Westpac’s me that some ideas are purely your own.
area. I knew I needed to be challenged to Senior Head of Strategy for Group Some ideas do not need to be referred
think differently. It was also important Business Units, and Head of Innovation back to or substantiated by a long line of
for me to build upon the skills I gained and Group Methodology as well as other authority.
working as a paralegal, most notably HR strategy and services representatives.
project management, working Being required to respond to
collaboratively and using Westpac’s brief of identifying
available technology to work an appropriate operations
more efficiently. area in which to implement
artificial intelligence, it
A project unit called became apparent to me that to
The Impact of Artificial oversubscribe to the doctrine
Intelligence on Banking, of precedent and solely apply
hosted by the University of a legal perspective may ensure
Sydney Business School with ‘consistent’ and arguably ‘just’
partner Westpac, provided outcomes, but can hinder
the very experiences and innovative thinking.
opportunities I was seeking.
Ultimately, the unit confirmed
The project brought together my understanding that
students from a variety of for today’s graduating
disciplines to work as a group law students, particularly
to develop solutions to genuine those pursuing a career in
problems set by a number of partner It was a unique opportunity to exchange commercial law, it is vital to be open to
organisations. ideas with Westpac staff, and I especially engaging with unfamiliar technology, to
enjoyed discussing the ethical and legal persevere with platforms that transform
At Westpac, our group of commerce, implications of gathering emotional data how traditional legal procedures like
pharmacology, information technology, from employees against the backdrop of discovery are undertaken, and seek out
law and arts students introduced ‘SEAM’, the establishment of the Notifiable Data interdisciplinary perspectives whenever
a human resources tool incorporating Breaches scheme by way of the Privacy possible.
existing and developing Office 365 Amendment (Notifiable Data Breaches)
features powered by artificial intelligence. Act 2017. Working now in restructuring and
corporate insolvency law, which involves
SEAM is a human resources tool for Being able to discuss these issues with regular interaction with accounting,
profiling employee strengths and key figures in banking who grapple forensic and advisory professionals,
providing insights to assist Westpac to with such considerations on a daily I am definitely grateful to have had such
upskill current employees and recruit basis was an incredibly valuable and an experience.
future talent. rewarding experience.
21Awards and honours
—
Honours lists recognise alumni service
The University of Sydney Law School congratulates our alumni who
have been recognised in the 2018 Queen’s Birthday and Australia Day
honours for their outstanding contributions in a broad range of fields.
Australia Day Honours Queen’s Birthday Honours
Officer (AO) in the General Division Member (AM) in the General Division
The Honourable Justice Alan Michael Blow (BA ’71 LLB ’74) The Honourable Judge John Hatzistergos (BEc ’82 LLM ’94)
For distinguished service to the judiciary and to the law, For significant service to the law and the judiciary, and to the
particularly as Chief Justice of the Supreme Court of Tasmania, people and Parliament of New South Wales through a range of
to legal education and professional standards, and to the ministerial roles.
community.
Professor Colin Houston Thomson (BA ’63 LLB ’66 LLM ’72)
Emeritus Professor Michael David Coper (BA ’67 LLB ’70) For significant service to medical research, particularly to
For distinguished service to legal education, and to the law, as an research ethics, education, and professional organisations.
academic, author and administrator through advisory roles and
to safety standards in the transport industry.
Mr Geoffrey Ronald Robertson QC (BA ’67 LLB ’70 LLD ’06)
For distinguished service to the law and the legal profession as
an international human rights lawyer and advocate for global civil
liberties, and to legal education as an academic and publisher.
Ms Christine Anne Ronalds (LLB ’73)
For distinguished service to the law and the legal profession
particularly in supporting, mentoring and developing the careers
of Aboriginal and Torres Strait Islander lawyers and law students.
Major General Ian Denis Westwood (LLB ’78)
For distinguished service to the Australian Defence Force as
Chief Military Judge of the Australian Military Court and Chief
Judge Advocate of the superior disciplinary tribunal system.
Member (AM) in the General Division
Mr Peter Humfry Henchman (LLB ’61 BA ’63)
For service to conservation and the environment.
Mr Peter Joseph Janssen (BEc ’77 LLB ’79)
For service to conservation and the environment.
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