Footnotes (by the Sydney University Law Society)

The Australian jury is known as a quintessential part of our legal system, as it provides a way to enable the general public to participate in and access the law. This tenant of the Australian court has been touted as essential to a fair trial, and ensuring the transparency of the legal process. Yet, as with any part of the legal process, the jury system has its own discourses. So, join us as we take the jury system to trial, as we discuss things from the media's effect on our jury system, to the importance of judge directions, to the nuances of the preremptory challenge. 

Timestamps:

(0:00) Acknowledgement of Country

(00:20) Introduction

(01:45) The Empanelling Process

(17:30) The Trial Itself

(24:44) Deliberation and Post-Trial

(31:36) An Alternate Jury System?

(38:16) Outro

Additional Sources:

ALRC Aboriginal Peoples and the Jury: https://www.alrc.gov.au/publication/recognition-of-aboriginal-customary-laws-alrc-report-31/23-general-issues-of-evidence-and-procedure/aborigines-and-juries/ 

NSWLRC on Jury Selection: https://www.lawreform.justice.nsw.gov.au/Documents/Publications/Reports/Report-117.pdf

Criminal Trial Courts Bench Book on Liberato Direction: https://www.judcom.nsw.gov.au/publications/benchbks/criminal/onus_and_standard_of_proof.html#:~:text=%5D%3B%20%5B129%5D.-,%5B3%2D605%5D%20The%20Liberato%20direction%20%E2%80%94%20when%20a%20case,1.

Bilal Skaf Retrial: https://www.theage.com.au/national/jurors-blunder-wins-gang-rape-retrial-20040506-gdxsug.html

Study on American vs Australian Juries: https://digitalcommons.unl.edu/psychfacpub/1100/

Footnotes (SULS) is based on the unceded land of the Gadigal people of the Eora Nation. We acknowledge the traditional custodians of this land, and pay respects to the Elders past, present and emerging.

In June 2022, the NSW Parliament passed the Bail Amendment Act 2022, introducing new reforms, specificially requiring bail to be "refused following conviction and prior to sentencing where the offender will be sentenced to full-time detention, unless special or exceptional circumstances can be established". We sit down with The Honourable Justice Bellew as we discuss his experience with judging one of the first bail application under the reforms, and the potential effects these reforms can have on the future of Australian law.

(0:00) Introduction of Bail Act Changes

(4:27) Interview with Bellew J Begins

(5:50) Bail Applications since Reforms

(6:25) The Neil Duncan Case

(9:36) The Reforms

(11:46) The word "will"

(12:39) Role of the Media

(14:07) The Connection of Sex Offences

(15:01) Retrospectivity (and the lack thereof) in the Duncan Case

(19:25) Retrospective Cases

(20:24) Effect of Reforms on Court Resources

(23:14) Effect on Early Appropriate Guilty Pleas

(26:15) "Infelicity of Drafting"

(27:38) Presumption of Innocence

(30:00) Show-Cause Inconsistencies

(30:50) Final Advice

(31:40) Outro

Featuring: The Hon. Justice Geoffrey Bellew

Hosts: Tamsyn Bellew, Brandon Velleley

Producers: Nick Leavenworth, Tamsyn Bellew, Veronica Lenard, Brandon Velleley

Executive Producer: Jacinda Yang

Footnotes (SULS) is based on the unceded land of the Gadigal people of the Eora Nation. We acknowledge the traditional custodians of this land, and pay respects to the Elders past, present and emerging.

In the finale of our Careers miniseries, we sit down with the Dean of Sydney Law School, Professor Simon Bronitt, as we discuss legal opportunities outside clerkships and commercial law. Nick talks to Simon about his own academic career and those of the students he has seen come and go through Sydney Law School. Simon also offers some exceptional advice on how to standout and make the most of your time at university.

(0:00) Introduction

(1:48) Interview with Professor Simon Bronitt Begins

(3:35) Why Academia?

(9:20) What makes a successful student?

(13:35) Getting Ahead During Law School

(16:47) Options Outside of Clerkships

(22:36) Law Areas of the Future

(28:24) Working Internationally and Technology's Influence on the Workplace

(32:44) Careers Resource Recommendations

(38:03) Benefits of being a Research Assistant

(41:55) Common Pitfalls of Students

(44:25) Not Getting a Clerkship

(47:12) Conclusion

Featuring: Professor Simon Bronitt

Hosts: Nick Leavenworth, Tamsyn Bellew

Producers: Nick Leavenworth, Tamsyn Bellew, Veronica Lenard, Brandon Velleley

Executive Producer: Jacinda Yang

Footnotes (SULS) is based on the unceded land of the Gadigal people of the Eora Nation. We acknowledge the traditional custodians of this land, and pay respects to the Elders past, present and emerging.

Welcome to episode 2 of our careers miniseries and this time we’re discussing the topic currently on every penultimate student’s mind: CLERKSHIPS, and possible alternatives.

Join Tamsyn and Nick as they sit down with Vivienne Davis, who completed a clerkship last year, and Bridget Dawson, who was a paralegal at the Crown Solicitor’s Office, as they discuss all the secret tips and tricks to nailing their application processes. Both our guests for this episode will share their experiences and advice, providing some great insights for the (hopefully) future clerks and paralegals listening!

This episode was produced in collaboration with SURG.

Timestamps:

(0:00) Intro

(2:42) Vivienne’s Interview Begins

(5:59) Vivienne’s law journey

(7:49) Research Process and Choosing the Right Firms

(18:47) The Application Process

(26:19) Interviews

(29:42) Balancing Work/Applications/Life

(35:10) Bridget’s Interview Begins

(37:00) Subverting the Expectation of Doing Clerkships

(43:05) Being a Paralegal at Crown Solicitor’s Office

(48:35) Benefits of being a Paralegal

(53:16) Skills from the Paralegal Position

(55:40) Advice for Students

(57:15) Outro

Featuring: Vivienne Davis and Bridget Dawson

Hosts: Nick Leavenworth, Tamsyn Bellew

Producers: Nick Leavenworth, Tamsyn Bellew, Veronica Lenard, Brandon Velleley

Executive Producer: Jacinda Yang

Footnotes (SULS) is based on the unceded land of the Gadigal people of the Eora Nation. We acknowledge the traditional custodians of this land, and pay respects to the Elders past, present and emerging.

With clerkship season well and truly underway, this episode is the first of three in our careers miniseries, intended to help our fellow students with all things careers.

To kick things off, Nick sits down with the SULS Vice President (Careers), Thrishank Chintamaneni, to discuss the ins and outs of beginning your professional legal career during university. This episode discusses general careers information, ranging from law school advice to clerkship applications, for whether you are a seasoned penultimate student, or a fresh-faced first year just entering the professional scene.

This episode was produced in collaboration with SURG.

Timestamps:

(0:00) Acknowledgement of Country

(0:23) Introduction

(7:12) Interview with Thrishank

(7:33) Careers while Starting of Law School

(9:57) SULS and Other Resources

(11:24) Clerkships Advice

(19:45) General Careers Advice

(31:06) Outro - Coming Up Next

Featuring: Thrishank Chintamaneni - Vice President of SULS (Careers)

Hosts: Nick Leavenworth, Tamsyn Bellew

Producers: Nick Leavenworth, Tamsyn Bellew, Veronica Lenard, Brandon Velleley

Executive Producer: Jacinda Yang

Footnotes (SULS) is based on the unceded land of the Gadigal people of the Eora Nation. We acknowledge the traditional custodians of this land, and pay respects to the Elders past, present and emerging.

2022 is shaping up to be a year where COVID-19 remains in the headlines. With a marked increase in community cases, more people being hospitalised with COVID and a booster rollout underway for adults, some big legal questions are being discussed, including:

– Will booster shots be able to be legally mandated by employers?
– Can an unvaccinated person be legally prevented entry to a business?, and
– Is anyone legally responsible if I catch COVID or suffer from its effects?

To help answer these questions and more, we were joined by distinguished academics Associate Professor Belinda Smith and Professor Barbara McDonald from Sydney Law School. Footnotes is a podcast created by the Sydney University Law Society; for students, by students, and available wherever you get your podcasts.

The Conversation article Brandon mentioned: https://theconversation.com/no-thats-not-the-law-the-danger-of-using-pseudolegal-arguments-against-covid-19-rules-170630

Produced by: Brandon Velleley, David Zhu
Featuring: Associate Prof. Belinda Smith, Prof. Barbara McDonald, Brandon Velleley, David Zhu

It is frequently the case that, when we think of the good that a lawyer can do, we think of pro bono work. But, rather than being exclusive to roles of advocacy, pro bono work features prominently throughout the legal profession. In this episode we spoke to two lawyers at Clifford Chance who are intimately involved in their pro bono practice; Amanda Murphy (Counsel, Perth) and Alexandra Zhu (Senior Associate, Sydney). In that conversation, we discussed the experiences and challenges they face, and how they weave such work into their practice in a commercial firm. Footnotes is a podcast created by the Sydney University Law Society; for students, by students, and available wherever you get your podcasts. This episode is sponsored by Clifford Chance.

Produced by: Vivienne Davies, Kathy Zhang
Featuring: Vivienne Davies, Justin Lai, Amanda Murphy, Alexandra Zhu

It's not everyday that you see a YouTuber get sued in the Federal Court for defamation. It's not everyday when the person suing is the former NSW Deputy Premier. In a year of high-profile defamation case after high-profile defamation case, one of the slightly unexpected ones is growing in public contention. This episode, we unpack the facts, the defences - particularly the ones struck out - and the legal concepts surrounding the case, with the help of Sydney Law School's own Professor David Rolph. Footnotes is a podcast created by the Sydney University Law Society; for students, by students, and available wherever you get your podcasts. 

Produced by: Justin Lai, Jacinda Yang
Featuring: Justin Lai, Prof. David Rolph, Jacinda Yang

In the wake of commencing a second semester amid the continued lockdown, students may be left wondering where to turn if faced by the simple, yet challenging question - can I afford this? In situations such as these, equity - the premise that students are entitled to study, and experience law school without barriers - matters deeply. This episode, we take a look at SULS' own Equity Committee, the categories of claims it deals with, the schemes it has in place to help students in need, and its aspirations for the future. Footnotes is a podcast created by the Sydney University Law Society; for students, by students, and available wherever you get your podcasts.

Information surrounding the Textbook Loans Scheme and the Financial Grants Scheme may be found on the SULS website: https://www.suls.org.au/equity-schemes. If there are any questions concerning matters relevant to the Equity Portfolio, please email Eden at equity@suls.org.au.

Produced by: Laura Farquhar, Justin Lai
Featuring: Laura Farquhar, Justin Lai

International education has many sides; to some, it is a valuable sector, to others, an additional policy concern. But to the thousands of students who come to Australian universities, it is a goal to pursue - beset unfortunately by bias and obfuscation. This episode, we spoke to Khanh Tran - a law student at the University of Sydney, and an international student ambassador for the City of Sydney - about his experience as an international student. We explore some of the ways in which international students navigate the unexpected social and administrative hurdles presented by life in Australia, the organisations and collectives which work to promote their interests, and the overall perceptions we still crucially need to shake. Footnotes is a podcast created by the Sydney University Law Society; for students, by students, and available wherever you get your podcasts.

Produced by: Justin Lai
Featuring: Justin Lai, Khanh Tran

With the predominance of corporate opportunities for law students and graduates, it may be easy to think of law, and the work it presents, in a certain manner. At university, however, there exists a massive range of initiatives, programs, and courses of study which give the students the opportunity to work, and volunteer in social justice, which themselves have the potential to translate into fulfilling career paths. In this episode, we speak to a range of figures, from students to professors, about their experiences and lessons learnt from volunteering for social justice causes. We explore programs ranging from Community Legal Centres, to University-specific programs such as the Juvenile Justice Mentoring Scheme, and the Refugee Language Program, to units of study where students may be involved in assisting disprivileged communities. Footnotes is a podcast created by the Sydney University Law Society; for students, by students, and available wherever you get your podcasts.

Service Learning in Indigenous Communities (SLIC): https://www.sydney.edu.au/students/service-learning-in-indigenous-communities.html
Juvenile Justice Mentoring Scheme: https://www.suls.org.au/juvenile-justice-mentoring-program
Refugee Language Tutoring Program: https://www.suls.org.au/social-justice-general-information
Community Legal Centres (Marrickville, Kingsford, Redfern incl.): https://www.clcnsw.org.au/what-are-community-legal-centres

Produced by: Vivienne Davies, Kathy Zhang.

Featuring: Vivienne Davies, Emily Liao, Vaidehi Mahapatra, Tatiana Neumann-Murphy, Prof. Simon Rice, Kathy Zhang.

What do you do if you see, or experience a hate crime? With the rise of unprovoked, racially motivated attacks in both Australia and abroad, it's the difficult question on everyone's minds. In this episode, we chat with Professor Gail Mason from the Sydney Law School, who specialises in criminology, and the study of hate crime. We examine both the existing legislation, the ways in which it may factor into our lives, and the support that we still need to provide to marginalised communities. Footnotes is a podcast created by the Sydney University Law Society; for students, by students, and available wherever you get your podcasts.

Produced by: Brandon Velleley, Jacinda Yang

Featuring: Prof. Gail Mason, Brandon Velleley, Jacinda Yang

Why Law? is Footnotes' new series, made in collaboration with the Education Portfolio of the Sydney University Law Society, asking and answering the questions law students may have during the course of their education, and employment. In our second episode, we chat with Professor Cameron Stewart, about his experience and advice dealing with impostor syndrome, as well as his own journey studying, working in the Supreme Court of NSW, and finally teaching and researching healthcare law at the Sydney Law School. Footnotes is a podcast created by the Sydney University Law Society; for students, by students and available wherever you get your podcasts.

Produced by: Thomas Fotiou, Justin Lai

Featuring: Thomas Fotiou, Justin Lai, Prof. Cameron Stewart

The law, from perspectives outside and inside, is a formal, detail-oriented affair. But a semester studying any unit at law school will unearth details which are memorably funny, and absurd. To what extent, therefore, can the law entertain such humour? In this episode, we compile some of the best instances of legal humour, ranging from facts, judgements, and written submissions. We also take a look at the rather surprising amount of theory behind judicial humour, with its official support and attempted regulation.

Footnotes is a podcast created by the Sydney University Law Society; for students, by students, and available wherever you get your podcasts.

Produced by: David Zhu, Justin Lai

Featuring: David Zhu, Justin Lai

Why Law? is Footnotes' new series, made in collaboration with the Education Portfolio of the Sydney University Law Society, asking and answering the questions law students may have during the course of their education, and employment. In Part 1 of our first episode, we discuss the ideas, reasons, and theories behind burnout - a condition law students, and graduates may be wondering why they are facing. The guests on this episode are Jonathan Gaston, a clinical psychologist for the Sydney Anxiety Disorders Practice, and Madelyn Smith, an alumna of the Sydney Law School currently in the Graudate Program of the NSW Ministry of Health.

Footnotes is a podcast created by the Sydney University Law Society; for students, by students, and available wherever you get your podcasts.

Produced by: Justin Lai, Sinem Kirk
Featuring: Justin Lai, Sinem Kirk, Jonathan Gaston, Madelyn Smith

What do Geoffrey Rush, Rebel Wilson and Alan Jones have in common? All three were involved in defamation trials. But what exactly is defamation, why is NSW considered the defamation capital of the world, and what statutory changes have been proposed to improve our defamation laws? We break down these issues with the help of Professor David Rolph from Sydney Law School, an expert in the modernisation of defamation law.

Footnotes is a podcast created by the Sydney University Law Society for students, by students, supported by Gilbert + Tobin, and available wherever you get your podcasts.

Season 2 production team: Alison Chen (SULS Publications Director), Alana Callus, Vivienne Davies, Llewellyn Horgan, Vivien Lin, Brandon Velleley, David Zhu.

If there is anything you want to hear in the next season of Footnotes, get in touch via Facebook or suls.org.au.

Law School Legends is Footnotes' new series interviewing prominent academics and alumni of Sydney Law School about their careers, passions and advice for budding students and practitioners. In part 2 of our interview with Professor Peter Gerangelos, we delve into the reasons behind the public's fascination with US constitutional processes, his passion for teaching and his thoughts on his ubiquitous Facebook fan page.

Footnotes is a podcast created by the Sydney University Law Society for students, by students, supported by Gilbert + Tobin, and available wherever you get your podcasts.

Law School Legends is Footnotes' new series interviewing prominent academics and alumni of Sydney Law School about their careers, passions and advice for budding students and practitioners. In our inaugural episode of this series, we interview Professor Peter Gerangelos about his journey from studying in Sydney Law School to a successful career in public law and academia, his passion for teaching and his interest in federal constitutional law. 

Footnotes is a podcast created by the Sydney University Law Society for students, by students, supported by Gilbert + Tobin, and available wherever you get your podcasts. 

The recent 'Raise the Age' campaign aimed to raise the age of criminal responsibility in Australia from 10 to 14.

In this episode, we explore Australia’s current policy on the age of criminal responsibility, look into the backgrounds of kids who are ending up in prison because of it, and also discuss potential alternatives to the current practice of youth incarceration.

Associate Professor Garner Clancey, an expert in criminology, also joins us. He speaks about his experiences working with young people in detention and community rehabilitation, and shares his own thoughts on raising the age of criminal responsibility in Australia.

Footnotes is a podcast created by the Sydney University Law Society for students, by students, supported by Gilbert + Tobin, and available wherever you get your podcasts.

What will a career in law look like post-pandemic, and has the student experience been irrevocably altered? Are the current social distancing laws fit for purpose, or an over step and an erosion of our civil liberties? Will the COVIDSafe app mean that privacy is a thing of the past? The Footnotes team discuss all things Covid-19 in our latest episode, featuring interviews with privacy law expert Professor Barbara McDonald and Law School Associate Dean of Education, Prof Rita Shackel.

Footnotes is a podcast created by the Sydney University Law Society for students, by students, supported by Gilbert + Tobin, and available wherever you get your podcasts.

Considering a career in commercial law? Keep hearing buzzwords like "legal tech" or "legal innovation" but not sure what they mean? 

In this episode, we interview Kristie Barton (Clerk and Graduate Programs Manager), Bryce Craig (Lawyer, Technology + Digital) and Lauren Ziegelaar (Legal Transformation Lawyer) from Gilbert + Tobin about clerkships and graduate roles, how the delivery of legal services has changed in the face of new and innovative legal technologies, and the skills young lawyers need to equip themselves for the legal industry of the future. 

Footnotes is a podcast created by the Sydney University Law Society for students, by students, supported by Gilbert + Tobin, and available wherever you get your podcasts. 

How has the legal profession been (mis)represented in popular culture? How has our perception of the law profession changed over the years?

The latest episode of Footnotes explores these questions and more. Can we truly rest our case on the basis that it's "the Constitution, it's Mabo, it's justice, it's law, it's the vibe and... uh... no that's it, it's the vibe" (The Castle)?

Footnotes is a podcast created by the Sydney University Law Society for students, by students, supported by Gilbert + Tobin, and available wherever you get your podcasts.

This is a bonus episode from last year, featuring an interview with Daniel Emmerig and Lucy Zimdahl from Allens about a day in the life of a litigation lawyer. Lucy is a Senior Associate in the Disputes & Investigations team and Daniel is a Graduate Lawyer in the Disputes & Investigations team. In this episode, they discuss what a normal day at work looks like, the process of commercial litigation, their experiences in practice and in the courtroom and the pro bono work they undertake. 

Footnotes will be releasing monthly episodes this year, so make sure to follow Sydney University Law Society on Facebook and Instagram and follow Footnotes wherever you get your podcasts.