LSB December 2021 HR

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FEATURE Western Law as having judges, barristers and solicitors but noted that Aboriginal Law has this too, it just doesn’t look the same as it does for Western Law. This was something I had probably rather naively, never considered before and made me question what more can be done to reconcile these two systems of law to operate more harmoniously, rather than one at the expense of another. It was an absolute honour and privilege to have spoken to Charlie and I would love for more students to have this incredible opportunity. In the evening, the students joined an extended dinner in Port Pirie with local lawyers and the Hon Geoff Brock, the local State MP, and the Deputy Mayor. The quality of regional legal work and lifestyles were highlighted. As Cayleigh said: ‘This dinner continued to highlight the immense value of working within regional communities and the vast opportunities available for young lawyers who are willing to commit.’ On 16 July, the students explored Port Pirie before an extended meeting with Mr Brock MP, to hear about working and living in Port Pirie. Cayleigh noted: ‘His passion and commitment to the community was clear, with locals stopping by to have a chat on the street highlighting Mr Brock MP as first and foremost a community member.’ Students then took part in an interview with the Port Pirie newspaper. Charlotte Ordynski took part in an ABC Radio interview. 45 The students were then hosted by Paul Boylan and John Voumand, leading local lawyers, to learn more about the nature and width of RRR legal practice. The students also heard about the role and ongoing work and regional consultation of SALRI. THE THEMES The trip proved very successful. Chloe summarised the value of the trip and its wider application: It was a rare experience, not just in the context of the information learnt, and connections made with locals and legal professionals located in the area, but also in the realisation of the immense breadth of legal work available outside of major cities. Regional areas have a lot 20 THE BULLETIN December 2021 of valuable experience to offer to young professionals. Perhaps my greatest realisation following the trip was that there are many options to be considered outside of the traditional path we are encouraged to follow after graduation. I had not imagined practicing regionally prior to the trip or think I would gain so much personally from the experience. Life after Law School is a daunting prospect at the best of times, especially with the “unprecedented” pandemic and competition for graduate positions. The opportunity to go on this trip was important, in helping us remember why we wanted to study law, and our ability to make a difference after all. The Adelaide Law School and the eight law students would like to thank all who contributed to the trip’s success. 46 It is hoped to be the start of an ongoing program. There is no one ‘magic bullet’ to address the problems in attracting and retaining lawyers in RRR areas. 47 However, the need to promote RRR practice as a positive long-term career option should be highlighted. There is a need to encourage law students to consider working with regional and Aboriginal communities and to think beyond city commercial practice. B Endnotes 1 Dr David Plater is the Deputy Director of the South Australian Law Reform Institute (SALRI) based at the Adelaide Law School. Chloe Winter is in her final year of a Bachelor of Commerce, and her penultimate year of a Bachelor of Laws at the University of Adelaide. Charlotte Ordynski is in her fifth year of studying Law and has completed a Bachelor of Criminology. Cayleigh Stock is in her second year of studying Law and is also studying a Bachelor of International Relations. 2 Trish Mundy, ‘Attracting and Retaining Lawyers: a Problem for Rural, Regional and Remote Communities’ (2009) 34(1) Alternative Law Journal 32. 3 Morry Bailes, ‘Incentives Needed to Encourage Lawyers to “Go Bush”’, In Daily (online, 31 October 2019), https://indaily.com.au/ opinion/2019/10/31/incentives-needed-toencourage-lawyers-to-go-bush/. 4 Law Council of Australia and Law Institute of Victoria, Report into the Rural, Regional and Remote Areas Lawyers Survey (July 2009) 5-6, 21; Trish Mundy, ‘“Placing” the Other: Final Year Law Students’ “Imagined” Experience of Rural and Regional Practice within the Law School Context’ (2012) International Journal of Rural Law and Policy 1, 2; Law Council of Australia, The Justice Project: Final Report Part 1: Rural, Regional and Remote (RRR) Australians (2018) 3, 32-33, 37-38. 5 Trish Mundy, ‘“Placing” the Other: Final Year Law Students’ “Imagined” Experience of Rural and Regional Practice within the Law School Context’ (2012) International Journal of Rural Law and Policy 1, 4-6. 6 Dr Mark ‘Matt’ Giancaspro is a Lecturer at the Adelaide Law School. ‘Matt’ is a native of Port Pirie and passionate about encouraging law students to work in regional communities. 7 Nadia Hess is a PhD student at the Adelaide Law School and is from Port Lincoln. Nadia is also passionate about encouraging law students to work in regional communities. 8 The trip was joined in conjunction with a regional SALRI consultation trip by Brooke Washusen, Holly Nicholls and Anita Brunacci. 9 Christian Cominos, ‘Law Students Encouraged to Come Work in the Country’, The Recorder (online, 20 July 2017), ; Shari Hams, ‘Law Students Learn about Injustices for Aboriginal People in SA’s Court System’, ABC News (online, 29 August 2021), . 10 See, for example, Liz Burke, ‘Desperate Law Graduates are Apparently Prepared to Pay for their Jobs’, Lawyers Weekly, 3 September 2015, https://www.news.com.au/finance/work/ careers/desperate-law-graduates-areapparently-prepared-to-pay-for-their-jobs/ news-story/3ec2472a2b46780632061664b 9491d2e; Michael Douglas and Nicholas Van Hattem, ‘Australia’s Law Graduate Glut’ (2016) 41(2) Alternative Law Journal 118; Felicity Nelson, ‘New Law Schools May Leave Grads Stranded’, Lawyers Weekly (online), 29 September 2015; Marie Iskander, ‘The Deserving and the Under-Served: a Comment on the Oversupply of Law Graduates, Diversity in the Legal Profession and Access to Legal Representation’ (2017) 5(1) Griffith Journal of Law and Human Dignity 66, 67; Angela Melville, ‘It is the worst time in living history to be a law graduate: or is it? Does Australia have too many Law Graduates?’ (2017) 51(2) The Law Teacher 203; Emma Ryan, ‘Frustration Grows over Unis “Cashing In” on Law Grad Oversupply’, Lawyers Weekly, 19 February 2018, https:// www.lawyersweekly.com.au/sme-law/22768- frustration-grows-over-unis-cashing-in-onlaw-grad-oversupply. 11 Liz Burke, ‘Desperate Law Graduates are Apparently Prepared to Pay for their Jobs’, news. co.au, 3 September 2015, https://www.news. com.au/finance/work/careers/desperatelaw-graduates-are-apparently-prepared-topay-for-their-jobs/news-story/3ec2472a2b467 80632061664b9491d2e. 12 Louise Yaxley, ‘Don’t Study Law Unless You Really Want to be a Lawyer, Malcom Turnbull Says’, ABC News (online, 2 February 2018), https://www.abc.net.au/news/2018-02-02/ malcolm-turnbull-says-too-many-kids-dolaw/9387508. 13 Marie Iskander, ‘The Deserving and the Under- Served: a Comment on the Oversupply of Law Graduates, Diversity in the Legal Profession and Access to Legal Representation’ (2017) 5(1) Griffith Journal of Law and Human Dignity 66, 73.
FEATURE 14 See Ibid. 15 Parliament of Australia, Legal and Constitutional Affairs References Committee, Access to Justice (December 2009) [2.104]. 16 Law Council of Australia, The Justice Project: Final Report Part 1: Rural, Regional and Remote (RRR) Australians (2018) 3, 32-33, 37-38. For particular issues in recruiting and retaining staff in the community sector, see: at 37; Michael Cain and Suzie Forell, ‘Recruitment and Retention of Community Sector Lawyers: Regional differences Within New South Wales’ (2014) 16(1) Deakin Law Review 265. These themes have also emerged in anecdotal feedback to Dr Mark ‘Matt’ Giancaspro and Nadia Hess as well as to SALRI on its regular regional consultation trips, as supported by wider research, notably the Law Council of Australia. See also Law Institute of Victoria and the Law Council of Australia, Rural, Regional and Remote Areas Lawyers Survey (Law Council of Australia, 2009); Law Council of Australia, The Justice Project: Final Report Part 1: Rural, Regional and Remote (RRR) Australians (2018). 17 See, for example, Law Council of Australia and Law Institute of Victoria, Report into the Rural, Regional and Remote Areas Lawyers Survey (July 2009) 5-6, 21; Damien Carrick, ‘Lawyer Drought’, ABC Law Report, 14 July 2009, https://www.abc. net.au/radionational/programs/lawreport/ lawyer-drought/3071010; Trish Mundy, ‘Attracting and Retaining Lawyers: a Problem for Rural, Regional and Remote Communities’ (2009) 34(1) Alternative Law Journal 32; Trish Mundy, ‘A HECS Rebate? Ways to Attract and Retain Graduate Lawyers in Rural, Regional and Remote Communities’ (2010) 35(2) Alternative Law Journal 99; Suzie Forell, Michael Cain and Abigail Gray, Recruitment and Retention of Lawyers in Regional, Rural and Remote New South Wales (Law and Justice Foundation of NSW, September 2010); Natalie O’Brien, ‘Plea Goes Out For Lawyers, To Be Sure’, Sydney Morning Herald (online, 3 July 2011); Louise Fitzroy, ‘Regional Lawyer Shortage Could Jeopardise Access to Justice Says Law Council’, ABC Rural, 5 November 2015; Law Council of Australia, The Justice Project: Final Report Part 1: Rural, Regional and Remote (RRR) Australians (2018) 3, 32-33, 37-38. 18 Melanie Schwartz and Chris Cunneen, ‘Working Cheaper, Working Harder: Inequity in Funding for Aboriginal and Torres Strait Islander Legal Services’, (2009) 7 Indigenous Law Bulletin 10, 19; Law Council of Australia, The Justice Project: Final Report Part 1: Aboriginal and Torres Strait islander People (2018) 39; Law Council of Australia, The Justice Project: Final Report Part 1: Rural, Regional and Remote (RRR) Australians (2018) 37. 19 Law Council of Australia, The Justice Project: Final Report Part 1: Aboriginal and Torres Strait Islander People (2018) 39. 20 Law Institute of Victoria and the Law Council of Australia, Rural, Regional and Remote Areas Lawyers Survey (Law Council of Australia, 2009) 5, 11, 14, 21. 21 Law Institute of Victoria and the Law Council of Australia, Rural, Regional and Remote Areas Lawyers Survey (July 2009) 6, 21; Damien Carrick, ‘Lawyer Drought’, ABC Law Report, 14 July 2009, https:// www.abc.net.au/radionational/programs/ lawreport/lawyer-drought/3071010. 22 Trish Mundy, ‘“Placing” the Other: Final Year Law Students’ “Imagined” Experience of Rural and Regional Practice within the Law School Context’ (2012) International Journal of Rural Law and Policy 1, 2. 23 Law Council of Australia, The Justice Project: Final Report Part 1: Rural, Regional and Remote (RRR) Australians (2018) 42. 24 See, for example, Ibid 3, 28-29, 31, 35, 40-41; Law Institute of Victoria and the Law Council of Australia, Rural, Regional and Remote Areas Lawyers Survey (July 2009) 16-17; Trish Mundy, ‘“Placing” the Other: Final Year Law Students’ “Imagined” Experience of Rural and Regional Practice within the Law School Context’ (2012) International Journal of Rural Law and Policy 1, 2. 25 See generally Law Council of Australia, The Justice Project: Final Report Part 1: Rural, Regional and Remote (RRR) Australians (2018). 26 Law Council of Australia, The Justice Project: Final Report Part 1: Aboriginal and Torres Strait Islander People (2018) 4, 39, 42-43. 27 Maria Karras et al, Law and Justice Foundation of New South Wales, On the Edge of Justice: The Legal Needs of People with a Mental Illness in NSW (2006) 110-113; Law Council of Australia, The Justice Project: Final Report Part 1: Rural, Regional and Remote (RRR) Australians (2018) 3, 24-42. 28 Law Institute of Victoria and the Law Council of Australia, Rural, Regional and Remote Areas Lawyers Survey (Law Council of Australia, 2009) 16-17, 21. 29 Chris Cunneen, Fiona Allison and Melanie Schwartz, ‘Access to Justice for Aboriginal People in the Northern Territory’ (2014) 49(2) Australian Journal of Social Issues 219. 30 Law Council of Australia, The Justice Project: Final Report Part 1: Aboriginal and Torres Strait Islander People (2018) 4. 31 Law Council of Australia, The Justice Project: Final Report Part 1: People Who Experience Family Violence (2018) 46-47. Law Council of Australia, The Justice Project: Final Report Part 1: Rural, Regional and Remote (RRR) Australians (2018) 39. 32 Chris Cunneen, Fiona Allison and Melanie Schwartz, ‘Access to Justice for Aboriginal People in the Northern Territory’ (2014) 49(2) Australian Journal of Social Issues 219, 220. 33 Morry Bailes, ‘Incentives Needed to Encourage Lawyers to “Go Bush”’, In Daily (online, 31 October 2019), https://indaily.com.au/ opinion/2019/10/31/incentives-needed-toencourage-lawyers-to-go-bush/. 34 See Trish Mundy, ‘“Placing” the Other: Final Year Law Students’ “Imagined” Experience of Rural and Regional Practice within the Law School Context’ (2012) International Journal of Rural Law and Policy 1; Amanda Kennedy et al, ‘Educating Law Students for Rural and Regional Practice: Embedding Place Based Perspectives in Law Curricula’ (2014) 24(1) Legal Education Review 6. 35 Amanda Kennedy et al, ‘Educating Law Students for Rural and Regional Practice: Embedding Place Based Perspectives in Law Curricula’ (2014) 24(1) Legal Education Review 6, 12-13. 36 Amanda Kennedy et al, ‘Educating Law Students for Rural and Regional Practice: Embedding Place Based Perspectives in Law Curricula’ (2014) 24(1) Legal Education Review 6, 13. 37 Trish Mundy, ‘“Placing” the Other: Final Year Law Students’ “Imagined” Experience of Rural and Regional Practice within the Law School Context’ (2012) International Journal of Rural Law and Policy 1, 4. 38 Ibid. 39 K McFarlane, ‘Attracting Graduates to Regional and Rural Australia: A Personal Experience’ (Paper presented at the National Rural/ Regional Law and Justice Conference, Warrnambool, Victoria, 19-21 November 2010) 2. 40 Trish Mundy, ‘“Placing” the Other: Final Year Law Students’ “Imagined” Experience of Rural and Regional Practice within the Law School Context’ (2012) International Journal of Rural Law and Policy 1, 4-6. 41 Amanda Kennedy et al, ‘Educating Law Students for Rural and Regional Practice: Embedding Place Based Perspectives in Law Curricula’ (2014) 24(1) Legal Education Review 6, 11-12. 42 Damien Carrick, ‘Lawyer Drought’, ABC Law Report, 14 July 2009, https://www.abc.net.au/ radionational/programs/lawreport/lawyerdrought/3071010.; Paul Brazier, Elizabeth Lehmann, ‘Cassandra Banks and Sally Davies, ‘The Perks of Going Rural’, Law Society Journal, 1 December 2014, https://lsj.com.au/articles/ the-perks-of-going-rural/. 43 Damien Carrick, ‘Lawyer Drought’, ABC Law Report, 14 July 2009, https://www.abc.net.au/ radionational/programs/lawreport/lawyerdrought/3071010. 44 Louise Fitzroy, ‘Regional Lawyer Shortage Could Jeopardise Access to Justice says Law Council’, ABC Rural, 5 November 2015, https://www. abc.net.au/news/rural/2015-11-05/rural-andregional-lawyer-shortage-threatens-access-tojustice/6915136. 45 Shari Hams, ‘Law Students Learn about Injustices for Aboriginal People in SA’s Court System’, ABC News (online, 29 August 2021), . Brooke Washusen of SALRI was also interviewed on the local ‘Golden Oldies’ radio morning show. 46 The trips’ participants would like to express their thanks for the support of the Faculty of Professions; Paul Boylan and his colleagues; John Voumand; Rachel Lane, the ALRM and its Port Augusta staff; the Hon Geoff Brock MP; the Deputy Mayor of Port Pirie, Alan Zubrinich; Holly Nicholls, Brooke Washusen and Anita Brunacci of SALRI and Dean ‘Elvis’ Vegas of the Ellen Hotel. A particular thanks to Charlie Jackson and the Elders and members of the Port Augusta Aboriginal communities and Umeewarra Radio for their generous and insightful input. 47 Trish Mundy, ‘“Placing” the Other: Final Year Law Students’ “Imagined” Experience of Rural and Regional Practice within the Law School Context’ (2012) International Journal of Rural Law and Policy 1, 6. December 2021 THE BULLETIN 21
Page 1 and 2: THE BULLETIN THE LAW SOCIETY OF SA
Page 3 and 4: This issue of The Law Society of So
Page 5 and 6: PRESIDENT’S MESSAGE I look forwar
Page 8 and 9: ANIMAL LAW Animals and intervention
Page 10 and 11: RENTING WITH PETS IN THE DOG HOUSE?
Page 12 and 13: Q&A Know Your Council Member: Melan
Page 14 and 15: IN HONOUR Vale: Mark Glencraig Nich
Page 16 and 17: DISABILITY JUSTICE More collaborati
Page 18 and 19: FEATURE THE NEED TO THINK OUTSIDE C
Page 22 and 23: ANIMAL LAW Therapy or assistance an
Page 24 and 25: YOUNG LAWYERS facebook.com/YLCSA Yo
Page 26 and 27: WELLBEING & RESILIENCE It's OK to g
Page 28 and 29: RISK WATCH Culturally and linguisti
Page 30 and 31: FEATURE The existing legal safeguar
Page 32 and 33: FEATURE Turkeys and the law DIANA T
Page 34 and 35: TAX FILES DGRs that are not already
Page 36 and 37: FAMILY LAW CASE NOTES Family Law Ca
Page 38 and 39: GAZING IN THE GAZETTE REGULATIONS P
Page 40: We manage one of SA’s largest soc

LSB December 2021 HR

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