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5568 Law Matters Law Matters June 2005 News from the Monash Law School community The completion of the first floor renovations of the Monash University Law Chambers was recently celebrated with a luncheon at the central Melbourne facility. The chambers, based in Bourke Street in the heart of Melbourne’s legal precinct, provide a postgraduate study centre and a focal point for Monash Law postgraduate students, enabling many of them to study close to their workplace. Monash Law dean Professor Arie Freiberg said the renovations included the acquisition and refurbishment of an extra level, taking the total number of floors occupied by Monash Law to three. “The renovations mean we will be able to expand our graduate program and offer more seminars and public lectures. We want the chambers to act as a hub of activity,” Professor Freiberg said. “The support we have received from the university in completing these renovations has been gratifying and we are pleased to see that other faculties and a number of external companies are now utilising the facility.” Guests at the luncheon, hosted by Professor Freiberg, included vice-chancellor Professor Richard Larkins, project manager Adel Mousa, divisional director of Facilities and Services Stephen Davey, senior law faculty members, representatives from building contractors Syncon, project engineers from the Sokolski Consulting group and the building’s owners. City Chambers Inside: Great Law Week Debate Page 3 bigger and better Feature: Women in the law Page 4 Distinguished Alumni Award Page 6 Back: Faculty of Law manager Janet White and Facilities and Services divisional director Stephen Davey. Front: Vice-chancellor Professor Richard Larkins, Law dean Professor Arie Freiberg and Law Chambers facility Mooting at Monash Page 6 manager Lynette Dean in the expanded Law Chambers. Diary dates AUGUST 6 pm, Thursday, 18 August 2005 OCTOBER 10 am – 4 pm, Sunday, Inaugural lecture of Professor 12 noon – 7.30 pm, Tuesday, JULY 7 August 2005 Bernadette McSherry 4 October 2005 13 – 15 July 2005 Monash Open Day ‘Sex, drugs and evil souls: Is preventive Monash Postgraduate Information Expo Clinical Legal Education Conference detention justifiable?’ Clayton Campus Melbourne Town Hall Novotel, Melbourne Monash University Law Chambers Ph: + 61 3 9905 3389 Ph: + 61 3 9905 3371 Ph: + 61 3 9905 3389 Ph: + 61 3 9905 2326 www.monash.edu.au/openday www.cleconference.edu.au 1 pm, Thursday, 25 August 2005 16 – 19 October 2005 Annual Lucinda Lecture, presented Experts and Lawyers Conference by The Hon. Justice Ronald Sackville Broome, Western Australia Monash University Clayton Campus Ph: + 61 3 9905 1344 Ph: + 61 3 9905 3382 www.law.monash.edu.au/expertconf 1 www.law.monash.edu.au Faculty news Dean’s Should terrorists be tortured? Using torture to resolve the crises of terrorism Mr Aristotle said the imprisonment of terrorist message will never work and compromises humanity’s suspects at Guantanamo Bay in Cuba has led to values, Paris Aristotle AM recently told unforeseen and unwelcome consequences for the attendees of the annual Monash Law School US and its allies. “I believe the prisoners at Costello Lecture. Guantanamo have been tortured or have at least endured cruel, inhumane and degrading Mr Aristotle, the director of the Victorian conditions. This would have reinforced among After a trip to Singapore last year, I noted in Foundation for the Survivors of Torture, told prisoners any previously held beliefs about the Law Matters that there were alumni overseas the 180-strong crowd that failing to protect the barbarism of the US and its allies, thereby who were keen to meet with staff and support fundamental human rights of every person would confirming the justification of having taken up the faculty in a variety of ways, for example damage the values protecting everyone. arms,” he said. through internships and other mechanisms. “I do not believe that the threat of terrorism is “Those people will now have first-hand knowledge At the beginning of this month I met with so profoundly different to anything the world has and evidence of the violations perpetrated by alumni in London and Israel at faculty seen before that we are forced to compromise our officials at Guantanamo. This evidence has the organised dinners and in their organisations commitment to respect the fundamental human potential for use in future legal action brought to explore the possibilities for internships, rights of every person, a commitment which against those officials and their commanders. develop or maintain contact between includes the unqualified prohibition of torture,” organisations and to renew the link between Mr Aristotle said. “For these reasons there is now a pool of people our overseas alumni and the faculty. The for whom release is difficult, if not impossible, and “If we respond to the threat of terrorism by dinner in Tel Aviv was attended by the therefore their predicament turns into a festering compromising that commitment in our treatment Australian ambassador to Israel. These formal moral and legal boil on the rump of the US and its of those who are suspected of involvement and and informal contacts are a valuable social allies,” Mr Aristotle said. even of those proven to be responsible, we will and professional resource for the faculty, our profoundly damage the entire framework of The annual Costello Lecture, inaugurated in 2001 staff and our students. Although we know values that protect us all.” in honour of prominent Monash alumnus Reverend that ‘what you know’ is important, we also Tim Costello, addresses issues of ethics and know that ‘who you know’ is equally, if not social justice. more significant. Our alumni networks, meetings, dinners, reunions and public events can provide a useful point of contact between members of the profession in Australia and elsewhere with those in the business world or the arts. This year, Julian Burnside (1973) was awarded a Distinguished Alumni award (p.6) for his various contributions to the community. Professors Enid Campbell and Louis Waller were awarded honorary doctorates for their contribution to the law and the university (p.3). The faculty is proud to have been associated with these extraordinary people. Graduate Elliot Perlman’s (1989) international success as an author (Three Dollars, Seven Kinds of Ambiguity) shows that the legal writing skills learned at law school should not be a barrier Left to right: Professor Richard Larkins, Professor Arie Freiberg, Paris Aristotle and Reverend Tim Costello at to other forms of professional writing. the 2005 Costello Lecture. This month’s edition of Law Matters contains details of two new Masters programs, one in Human Rights and one in Regulatory Studies. Our university’s motto Ancora Impara implores The digital classroom and transnational law us to keep learning. These, and other In the only international course of its kind, exchange between the Northern and Southern graduate programs offered by the faculty, Monash Law School students have been hemispheres. are useful avenues for our graduates to given the unique opportunity to be linked re-skill, up-skill or generally keep abreast Students involved in the seminars, convened by with students from Ottawa in Canada and Monash Law lecturers Melissa Castan and David with the latest in legal research. Please feel Oklahoma in New Zealand to learn about free to contact our Graduate Studies Office Yarrow, are able to interact with each other and comparative Indigenous laws. to find out what we have on offer. ask questions of the international staff. Weekly international videoconferencing seminars Professor Arie Freiberg “I think the seminars are a prime example of have been held this semester connecting Dean, Monash Law School Monash Law’s ability to offer innovative learning students and professors in a real time teaching opportunities for our students,” Ms Castan said. Want to include something in the next edition Every effort will be made to include contributions Something of Law Matters? however space is limited. Please understand that items may be edited or not included. If you have an interesting story or something to say? you wish to say, please contact Jodi Rockman on + 61 3 9905 2630 or email 2 [email protected] Monash debaters argue litigation is good for medical practice Litigation is not causing the death of medical practice, a team of Monash Law alumni successfully argued at the 2005 Great Law Week Debate, held at the National Gallery of Victoria in May. Presented by Monash Law School and the Law Institute of Victoria, this year’s debate was moderated by Dr Sally Cockburn, also known as radio and television personality Dr Feelgood, who dedicated the event to the memory of Monash Law alumnus Campbell McComas AM, moderator of the inaugural debate in 2004. The winning team comprised one of Melbourne’s most respected QCs David Galbally, former world and Australasian debating champion Kim Little from law firm Clayton Utz and recent law/economics graduate Kylie Lane, who was named world’s best speaker at the 2005 University Debating Championships. Victoria’s Health Services Commissioner Beth Wilson, chief medical officer of Southern Health Dr Syd Allen and current Monash medicine/law student Dev Kevat made strong arguments for the affirmative, but were unable to convince the Left to right: Dr Syd Allen, Beth Wilson, Dev Kevat, Dr Sally Cockburn, Kim Little, David Galbally QC and judging panel that litigation was in fact causing the Kylie Lane. death of medical practice. in a way that will keep them out of court, quoting City of Melbourne Councillor Fiona Sneddon For the negative team, David Galbally QC argued the increasing numbers of caesarean sections as and Monash Association of Debaters President doctors should be accountable for their actions an example and stating obstetrics as an area of Jake Clifton, agreed with the audience vote and that litigation has forced medical practitioners medical practice that has been ruined by litigation.
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