Sunday, December 26, 2010

Silly Season

I was told in Sydney by a family friend that this time of the year in Australia is known as "silly season". It's an unforeseen consequence of Christmas being a summer holiday Down Under. It goes a little something like this. In the Northern Hemisphere, Christmas is a winter holiday so we get a few weeks off in winter. Once summer rolls around we get an extra, longer, holiday break. In Australia, and I imagine too in New Zealand, South Africa, Argentina and most of Brazil, the summer holidays and Christmas are bundled into 1 period. This means that all gift-buying and vacationing is done at one time creating a mad rush, hence the name "silly season". There has been some experimentation in Australia to have some sort of Christmasesque celebration in July (winter) but it hasn't caught on yet.

It's a bit of a silly season for me as well. Although Christmas Day was fantastic (30C and sunny), I have had a few things to get ready. I've finalized the rental for my trip around Australia. Rather than take a camper van, it turned out to be cheaper and just as effective to rent a car and camp where necessary. I bought an atlas that shows cheap places to camp near Australia's highways. This is going to be a fairly whirlwind event, the eastern half of Australia in a little under 4 weeks and some of the driving will be long but I do love to drive and can do it almost endlessly.

However, a more immediate trip is my annual attendance at a Plast scout camp. This year, in keeping with my alternating rotation, is Sydney's turn again. This year, the camp is being held near Penrose, a small town about halfway between Canberra and Sydney. I have been given certain tasks, including a trivia night, and I look forward to everything. I'll be incommunicado for a while but that's what camping is all about.

Tuesday, December 21, 2010

After a Long Quiet

If anyone is still reading, it's been about 5 weeks since my last post. I hadn't intended such a long period of tranquillity but events move rapidly and I was unable to continue blogging. My intention was to do a sort of live travel blog but due to the intermittency of internet access over the last month, I had to abandon that idea. However, even though much has passed since the last missive, I shall endeavour to give a comprehensive synopsis, if such a thing is not a contradiction in terms, of my goings on.

Just before my exams ended, my parents arrived in the country via a wonderful stay in New Zealand. They travelled many thousands of kilometers and then found themselves on a tour of the North Island. Form what they described, it seemed a perfectly pleasant outing. Unfortunately, they didn't spend as much time in Napier as I think they should have but perhaps it was enough. At the end of their Kiwi adventure, my parents flew to Australia to visit me. Although I was glad to be finished my exams, I wa snow caught in the unenviable era between the end of exams and the release of results. Even though I was fairly certain I had done well enough to pass, I slept uneasily for the 11 or so days before the results were released. This was made especially trying as this was to be my last semester and my parents, and indeed my brother, had travelled so far to see me graduate that I did not wish to disappoint them. All I wanted was to be done with this.

In the interim, my parents, or more accurately, my mother, had planned a very detailed excursion of southeastern Australia. The first stop was Tasmania; the only state I had not yet visited. As my brother, for logistical reasons would be joining us later, this was just a trip for myself and my parents. Our first port of call was the venerable metropolis of Hobart. It is quite a pleasant little city, and although a state capital, it is considerably less populated even than Canberra. We took in the sights, including the IXL Jam Factory, now a series of shops and condominia on the waterfront, that particularly impressed my mother. I think what impressed my father the most was Hobart's imposing bridge. I will also mention that as the resident Australian, I was the one given the all important task of vehicle conveyance (driving) for the entire duration of our Australian adventure. What I particularly remember, though, is having high tea in a Hobart hotel. We were wandering the city and every eatery seemed shut until we happened upon a bustling hotel restaurant. We were informed that high tea was being served but that if we were patient, we would be seated. We were served by a very likable waiter who explained the logistics of high tea to us. It's not just a matter of drinking tea and eating cakes. There were scones, cakes and something like apple crumbles all served on a series of stacked plates. I had hot chocolate ut my parents had tea and possibly cappuccino later. It was my first high tea and quite the experience.

On our second day in Tasmania, we visited the old penal settlement of Port Arthur and although it was probably not as welcoming as it now seems, in the sun it looked rather pleasant. It is actually a fascinating open air museum that must be visited. From Hobart, we drove up the Tasmanian east coast on the one truly sunny and warm day we had on that trip. I had chosen the route because of the supposed beauty to that part of Tasmania and I don't think we were disappointed. The one drawback is the constant presence of lumber trucks who must travel uphill very slowly, and there are many hills in Tasmania along this 2 lane highway. More than once we got stuck behind a truck, unable to pass for many kilometers. But we did see some pleasant little towns like Orford, where we had wonderful sandwiches, St. Marys where we had fish and chips and Bicheno where we stopped for gas. Along the way, my mother even found a vineyard she enjoyed. We eventually arrived in Launceston but only spent a short time there as the next day we drove past Devonport to Burnie where we stayed a few nights at a fabulous Best Western. The hotel restaurant served generous portions and the wireless internet was free; life can't get much better than that. We did have a short side trip to Stanley, a small town to the west where my father and I went to the top of a rocky outcrop called The Nut. I went off exploring for a bit and found an echidna (spiny anteater). It is a relative of the platypus in that it is a mammal that lays eggs. I can't imagine how it got up the sheer sides.

On our way back to Launceston, we stopped in the little town of Deloraine, home to a sort of hippie counter-culture movement. It's sort of like San Francisco but 1/1000th the size. We stopped for some lunch there and it seemed pleasant enough. Back in Launceston, we visited the Victoria and Albert Museum, a museum built on an old rail yard. It has science, art and history components and was quite good for being in such a small place. Returning to Hobart via central Tasmania, we stopped in Richmond, a small town with much Georgian architecture to use the internet and get some ice cream. Around that time we stopped at the Palmara Wine Estate where my parents sampled the products and had a very pleasant and wide-ranging discussion with the owner. It turns out that the white flowers you see all along the highways are specially bred poppies, opium poppies to be precise. They are harvested and sold to drug companies to make morphine and whatever else. For such a small island, Tasmania has quite a lot to see and I think my parents and I enjoyed the trip immensely.

From tiny Tasmania to metropolitan Melbourne. This is where my brother joined the trip and we all went down to St. Kilda and Acland Street to have a feed. I remember this day being quite cool with a strong sea breeze. I remember it because that was almost the exact same condition I last visited St. Kilda in. We walked along Acland Street admiring the many cakes and pastries before finally having some. They were no doubt fattening beyond belief but the taste was divine.

The next day we set out for Ballarat, a town founded when gold was discovered nearby. Along the way we pulled into a McDonald's where I accessed the wireless internet to obtain my final results. I held my breath but when I found the courage to look at my marks I breathed a sigh of relief and the weight of the world was lifted from my chest --- I had passed all my courses. It was over. I had finally achieved what I had set out do to so long ago. Every day had seemed like an eternity and those 3 years were now a to be a memory. All those tense moments in exams, all those times I worried about my assignments were now I think I could look back on and either laugh or cry. My mother made me send an e-mail to my aunt and my grandmother to pass on the good news. The best part for me was that I cold now enjoy a good night's sleep knowing that my family's trip had not been in vain and I would be graduating.

In Ballarat we stayed at the Sovereign Park Motor Inn, a reasonable hotel except parking was difficult in the confined space. We wandered a bit of Ballarat before returning to the hotel to celebrate my impending graduation. The Red Lion Restaurant, adjacent to the hotel, served an excellent meal. The next day we spent at Sovereign Hill Park, an open air museum that recreates the atmosphere of Gold Rush Era Ballarat. The most interesting thing, though, was the school program that takes place over several days. Students and their teachers stay on site and dress in period costume. I think it is a remarkable idea. Sovereign Hill has many fascinating demonstrations such as gold pouring, wheelrighting and musketry. I even peeked in on a school group doing something in the reconstructed school house. That night, we returned to see the story of the Eureka Stockade, a sort of rebellion where gold miners, in 1854, set up a stockade on Bakery Hill to protest the heavy-handed tactics of the local police, who were often corrupt former criminals themselves, and the licence system. The "rebellion" was crushed when a few days after the stockade went up, the army and the police stormed it, however reforms did follow and the licence system was abolished. The Eureka Stockade has become ingrained in the Australian psyche as the start of the labour movement and the heart of Australia's fighting spirit. It's actual importance is debatable but if an event is to be judged by its consequences, then the Eureka Stockade is seen now as a watershed moment in Australian history, if nothing else. I will also mention that the leaders of the stockade included a Canadian who was killed when it was stormed, an African-American and Peter Lalor, who lost his left arm in the fight. All were acquitted of treason.

The next little trip we had planned was a quick drive up to Bendigo, a town to the north of Ballarat whose fortunes also turned on gold. However, it seems that unlike Ballarat, Bendigo is still producing appreciable quantities of that metal. Along the way we stopped in the little town of Castlemaine to visit Buda, a large property with a garden built by a Hungarian immigrant in the 19th Century. The family lived there for about a century and it's now a public trust and museum. In Bendigo we went to the Chinese Museum where my mother got a detailed history from the very pleasant curator.

Before returning to Melbourne, we stopped into the cities of Geelong and Queenscliff. Geelong is Victoria's second largest city and I took my family there to show them but also so that they could sample the ice cream at Lic, an ice cream parlour with excellent ice cream. We wandered the foreshore in very fine weather. Queenscliff, a little to the east, is Geelong's coastal getaway town. It sits almost at the entrance to Port Phillip Bay and we just sort of stopped in to see the town. We returned to Melbourne and spent the next day wandering the city before meeting up with an acquaintance of ours on Lygon Street, the home of Italian Melbourne. We had an excellent pizza meal at one of the finer establishments. From Melbourne, we took off to Adelaide.

Upon arriving in Adelaide, we were greeted by sunny skies and scorching temperatures. Australia was playing England in the Ashes Tournament at the time so it was something of a miracle my mother found accommodation. It was very easy to get to and surprisingly close to Glenelg, Adelaide's fashionable beach district. We spent a good portion of the day walking in the area. The next day, we drove out to McLaren Vale, one of the area's many wine producing regions. After sampling some local wines, we stopped in a vineyard restaurant where we had an excellent lunch. The final course of my parents' meal was pork belly glazed with some sauce. It was absolutely delicious. My mother asked me what pork belly was and she would not believe me that it was exactly what it said until I went on Wikipedia and proved it. This particular cut took all the meat but only a small layer of the fat. Whatever they did, it worked and my mother has been raving about it since. Not content with just one wine region, the next day we travelled to the Barossa Valley to sample some wines there. First, we stopped in the little town of Hahndorf, founded by Germans in the 1830s, that still retains some Germanic feel. I had an excellent sausage there. On our final day, we visited Port Adelaide and had a quick look at a local gallery before catching our flight --- and that's when the fun began.

At first, our plane was late coming in from Brisbane due to storms up north. And now there was a line of storm cells approaching Adelaide. After quite a long wait we were put on the plane and then had to wait another long time for the storms to pass before it was safe to takeoff. On getting closer to Canberra, we were told that there had been a fire alarm and the terminal had been evacuated, however, it was cleared by the time we landed. After all that we were about 2 hours late and quite tired. I remember getting back and sleeping well.

The next few days were spent getting ready for my graduation although we did find time to go to the National Film and Sound Archive which so greatly impressed my mother that she went back not once, but twice. I had to pick up my gown, hood and motorboard as well as finalize a few other things. On the 9th of December, at 17:30, the graduation ceremony started. There were a few short speeches but soon enough it was my turn. The ceremony took place in the very imposing Llewelyn Hall in the School of Music and even though I knew I was graduating, I was still nervous. Finally, as I stood on the stage, the Dean of the Law School called my name and I walked towards the Pro-Vice-Chancellor who was handing out the diplomas. If it ever comes up, I will say that I was the first person to be given a Juris Doctor from the ANU. Following the ceremony, we had dinner at Charcoal, an old Canberra restaurant. I was so relieved to be done and pretty proud of myself. 2 days later, our final leg was a trip to Sydney.

In Sydney, we stayed at the Hyde Park Inn. With the euphoria of graduation still clinging slightly in the air, we walked around Circular Quay. The next day we wandered the city center some more before taking in Handel's "Messiah" at the Opera House. Oprah Winfrey was in town at the time and I suggested that they rename that famous structure the Sydney Oprah House. The next day we travelled to Katoomba to see the famous 3 Sisters rock formation and later that evening my brother and I took a night time bridge climb of the Sydney Harbour Bridge. Although you're fastened in you're very high up and you go to the very top. It's something that has to be experienced firsthand. The next day we went to Manly Beach by ferry with the Motykas, our good friends from Newcastle who graciously hosted us for the day. The following day, my family and I parted company as they returned to Canada and had a few aerial adventures of their own. I returned to Canberra. I hope my family had a pleasant time in Australia and I am so glad they could come down for my graduation. I found the vacation most enjoyable and I hope they did too.

But there is no rest for the weary. The day after I returned I took part in an overnight hike in the southern reaches of Namadgi National Park. The Canberra Troop of Plast had a hike planned and I helped with supervision. The day started out ominously with thunderstorms but it cleared up to a beautiful sunny day and off we went trekking. We saw much native bush along the way including long abandoned homesteads. We camped just off the trail and although the day had been quite pleasant the night was almost bitterly cold. The next morning we were picked up and returned to our various abodes. From what I've heard the scouts enjoyed the experience and apart from nearly freezing, so did I.

So that's what's occurred in the last 5 weeks. Now that my degree is done, I'm feeling a bit lost. I have my diploma to do but that's a little while away yet. I have to apply for a further visa, which I hope I will get but it's just something else to be nervous about. At any rate, after an exciting 5 weeks, it's good to be back. I wonder what new adventures await me just beyond the horizon.

Sunday, November 14, 2010

Evidentiary Burden

On Monday, I had the penultimate of my law exams --- Evidence. I remember my father telling me that he, somewhat surprisingly, received a very good grade in evidence given the difficulty of the course. The exam and the course were not difficult in the sense that they were confusing, in fact, I found both quite reasonable. The trick with the exam was that there were 11 questions which meant that you could only skim through them and there wasn't enough time to go into any depth. You sort of had to trust your first instincts and go with them. There was no way you could cover all the issues other than superficially. I think I covered everything and my confidence is due in large part to my study partners. We spent considerable time going over previous exams and quizzing each other, not to mention that our collective summary was very good. I think I went rather well.

The only other bit of news to report is that I found out what caused the system crash just before the Melbourne Cup. ACTTAB is not an independent betting agency in that we are tied in with Supertab, the Victorian betting agency, and we pool with them. According to one of ACTTAB's tech support guys, what happened was something like a 1-in-trillion event. The results, pools and dividends are sent from Supertab in Victoria in data packets of various descriptions. Just before the Melbourne Cup jumped, for some reason the data packet that was sent was encoded in binary. Now, binary code is recognized by the computer system only as a command, not as information, meaning our host computer thought it was being told to do something. The computer then decided that it had to deal first with this "order" and then it would deal with other things. This resulted in the computer system sort of sequestering itself while it tried to figure out what to do. This resulted in the betting system going down for the period it did. I was also informed that South Australia, Western Australia and Tasmania were similarly affected as they also run on Supertab. So all in all, I imagine there were a great many unhappy people throughout Australia. As well, I learned that ACTTAB's estimated earnings loss figure caused by that system crash is $1-1.5 million!

Also, my parents are coming in a few days. Yay!

Sunday, November 7, 2010

Through a Prism Darkly

The great Australian race was held last Tuesday --- the Melbourne Cup. With its $6 million purse, it is Australia's richest horserace and the championship handicap race. Run every year since about 1861, it has become known as the Race that Stops the Nation. In Victoria, it is a public holiday, as it used to be in Canberra as well until this year which means I don't get paid double. It really does stop Australia in its tracks as everyone watches to see who'll take the Cup. It is estimated that 80% of the Australian adult public has a bet on the Melbourne Cup.

Needless to say, this is one of the busiest days of the year for ACTTAB and it was most assuredly all hands on deck. I would be pulling a double shift that day that started at the racecourse. I was stationed with a friend of mine, Thamizh (ta-MEER), in the Hut, a wooden structure used only once a year and not redecorated since it was built sometime 40 years ago. There are actually old betting slips there from the time before ACTTAB employed electronic betting. Well, when we arrived we endeavoured to make our station available for betting only to find that the computers would not cooperate. After intense investigation, the opinion of our technician was that the problem was with the uplink with ACTTAB's racecourse server and although only the Hut was affected, to correct the problem would necessitate taking every ACTTAB station in the racecourse offline for at least 5 minutes. Deciding that this was too high a price to pay for this one station, we were told to close the Hut and I went to the Auditorium (a small club and bar area) and Thamizh went elsewhere.

At the Auditorium, I was stationed with Scott, someone I'd never worked with before. We got along fine and everything was going smoothly until 5 minutes before the Melbourne Cup was to run. Our computer screens began flashing "Alfa Queue Full" and we were unable to place any more bets. Unsure of the situation we told people to wait and see if the system would come back up. Things went from bad to worse when our computers kept telling us that the host server was down. Not only was our station down but so were all stations in the racecourse all outlets and branches throughout the ACT; this was a total system failure. All we could do was wait for the system to reboot. In the meantime, the race ran and it was taken out by Americain, who even though racing at nearly 11:1, was still one of the favourites. The favourite, So You Think (3.90:1) finished 3rd. Because so many of the favourites won, the trifecta was a pittance as compared to recent years, only a little over $300; last year it was about $9 500 and the year before about $22 000. Nevertheless, the system failure at that particular time means that ACTTAB lost probably several hundred thousand dollars.

There's still no word as to what caused the crash, although the consensus seems to be a system overload from too many bets but we haven't had this problem before. One of my floormates suggested a denial of service hack but I don't think that's likely. The new system that is to be in place in the next few months should prevent this from happening again and I look forward to reading the explanation in the next ACTTAB newsletter.

The system came back online about 5-10 minutes after the Melbourne Cup ran and even though people could still bet, the main even had finished. On a typical Melbourne Cup, ACTTAB sells over 10 million individual bets (though that may be tied in with Victoria) by sometime around Cup time but this year we didn't even reach that number. We'll see if there's any fallout from this.

My day wasn't over and as soon as I was finished at the racecourse I biked to the Garema Place outlet to assist them there. When I arrived there were still plenty of people in the outlet but that faded over time. I stayed until closing by which time there were only 2 people left. Another Melbourne Cup done and another one for the books. I'll remember this one for a long time I should think.

I did get some good news recently in that I had been selected as one of 2 bus drivers for Fenner Hall next year. The term "bus" is a little misleading and what it really is is a large van that seats about a dozen, maybe a few more. I'd actually been shown how to operate it last summer but as I didn't become an office holder subsequently, I wasn't allowed to continue in that role. It's a fairly easy job involving driving students to Fenner-sponsored events and the occasional shopping trip. It also means I get a 50% rent subsidy for the coming year, which is also quite handy. I think it will fit well with my ACTTAB job and the work load of the GDLP.

With my Equity exam coming up, I had a rather scary moment in that I actually had a dream about equity. I don't exactly remember what happened in my dream only that equity was involved. It must have been a sign that I was letting it prey on my mind too much. The next day, though, was my Equity exam.

The Equity exam was held in the large Melville Hall and as I took my seat I wasn't quite sure what to expect. As I read through the exam I was slightly reassured to find no questions on resulting trusts or the presumption of advancement; if you know what they are, you hope that you never have to deal with them. I walked out of the exam feeling confident although I didn't get to finish the essay question, but I think I got the main points across. I spoke with a friend afterwards and we both discovered virtually all of the same issues so I'm pretty sure I've at least passed the exam. In any case, it's out of my hands now. If I ever hear the words "resulting", "constructive", "trust" or "equity" again, it will be 20 billion years too soon. Although I enjoy the law, I'm just so tired of this degree and I want it finished. I also want to graduate with my parents and my brother here. As much as I will enjoy having them here and us travelling around together, the enjoyment will be significantly diminished if I do not graduate. And everyone keeps saying things like "You'll be fine" or "You'll pass" but nothing is certain. It is in my nature to feel anxious and nervous about these things until the end.

In one more bit of happy news, I found out that one of my favourite artists, Amanda Marshall, has reappeared after years in "hiding". On November 5th, she gave a concert at Casino Rama in Orillia, Ontario. From an online Toronto Star article, I learned the shocking truth of her unintended exile. While still popular in Canada and by no means over the hill of her career, in 2002 Amanda Marshall had a disagreement with her record label and management team and fired them. This set off a series of unfortunate events that turned what was supposed to be a short break into a long one. Her record label/management team (or at least I assume it was them) instituted litigation against her for what I assume is a breach of contract or something vaguely similar. However, for some reason, the matter still hasn't been settled and information cannot be gotten from Amanda Marshall or the other parties since the matter is still ongoing, which prevents anyone from disclosing anything but the bare fact of litigation. It also means that Amanda Marshall is prevented from working for another record label or releasing any new songs because the other party probably obtained a prohibitory injunction (something I learned in Equity) against Amanda Marshall. In essence, a prohibitory injunction prevents the subject from breaching a negative term (a term requiring that something NOT happen) in a contract. An example of such a term would be "Amanda Marshall agrees to only write and music for X", the implied negative term being that Amanda Marshall will not write and release music for anyone else. These injunctions are pretty easy to get, especially if they are meant to be temporary (subject to a final court case/decision), although subject to some other technical conditions and considerations. Whatever the case, I'm happy to hear that Amanda's back and maybe my sudden interest in her a little while ago was a premonition of this return. I wish her well, look forward to hearing from her and offer her my legal services should they be required.

Thursday, November 4, 2010

Ultimatum

I guess it hasn't really sunk in yet, but I've had what are hopefully my final classes in my law degree. All that's left now is to tackle the exams and hope that I do well enough to pass and, consequently, graduate. It's unusual to think that this JD is my final degree and that I will shortly have to start looking for employment in the legal sector. After the completion of the GDLP, I will be out in the real world, which is a scary thought. Like most prisoners I've become institutionalized and I wonder if I'll make it out there.

I finally completed the long essay I had due for my internship and I was quite glad to be rid of it. After a while, it just turned into a series of tortuous disappointments. The thing never really came together as I wanted it to. The problem is that it was based on an almost entirely theoretical/philosophical argument for which there is very little empirical evidence. I was arguing that Australia should follow the Canadian example and allow the intention to temporarily deprive to be theft, as opposed to permanently deprive as it now stands. The supervisor assessed it at a Pass level and at this point, I'm perfectly satisfied with that. Obviously, it's a bit disheartening as I would have like the mark to have been higher, especially as this was a topic I was particularly keen about, but I'll take the Pass.

On Friday, I went to Fenner Hall's annual Valete Ball, a function which honours graduating residents, of which I hope to be one shortly. Valete was held in the Great Hall of University House and consisted of a buffet dinner followed by speeches and a few awards. Each graduating student was gifted a metal mug with the residence's crest engraved in it. From now on, my constant endeavour will be to earn that mug.

At another even earlier in the week, I received a Fenner Hall Spartos Award, which are given out for various deeds in sports and arts. I was given the award for my contribution to Fenner Hall's win at the Interhall Trivia Night earlier this year.

I also followed Ottawa's mayoral race with some keeness and see that Jim Watson is the new mayor, which, I'm sure, displeased my father. I was particularly interested in the fact that Jim's campaign headquarters was in the Ukrainian Orthodox Church on Byron Avenue, a venue I know well. I wonder why he chose that particular venue? All I hope is that this won't derail the plans for the underground LRT tunnel or the planned refurbishment of Landsdowne Park, which looks very promising.





Sunday, October 24, 2010

Penultimatum

Since returning from the break, I've taken stock of the very frightening fact that my degree is coming to an end. 3 years ago, this date was longed for but seemed an eternity away. Now that I'm approaching the final week of instruction, I am very nervous. My parents will soon be down and I must pass all of my courses if I am to graduate in December with them here. It would be a shame if they travelled 20 000 km only to have me have to sit some supplementary exams, which means I wouldn't be eligible to graduate. After my exams, I will be on tenterhooks until the final results are published. I really do hope I graduate as I don't want to have to go through this again.

Anyway, 2 Fridays ago was the annual ACTAFL Umpires' Association dinner. Like last year, it was held at the Southern Cross Club in Woden. It was great fun with many hilarious moments and awards being given out. Some of the more serious awards were Best Umpire and dedication awards while some of the ones with more levity were Bachelor of the Year and the Send Off awards. I didn't win anything this year but we'll see how I go next year. With my GDLP keeping me in Canberra for another year, I look forward to another chance at stardom.

Spring Carnival horse racing is the current obessession of the nation and there have been 2 important races in the last few weeks, all in Melbourne. The first was the Caulfield Cup run at Caulfield race course. This is a Group 1 handicap run over 2 400 m and is second only to the Melbourne Cup in terms of importance for handicap races in Australia. The price money is AUS$2.5 million. The next important race was last Saturday and that was the Cox Plate run at Moonee Ponds, a Group 1 weight-for-age race that is considered the championship for that type of race in Australia. The prize for that race is AUS$3 million. It's hard to convey how important horse racing is to Australians unless you're immersed in it, like I was as I worked at ACTTAB those days. The next big race is the Melbourne Cup on Nov. 2nd and its AUS$6 million prize. I will be working at the racecourse and I anticipate quite a day if the weather holds.

I also took advantage of an opportunity with Legal Aid to follow a practitioner around for a few hours on a Monday morning. I and a GDLP student followed the practitioner around as he talked to clients being held in the cells below the Magistrates Court. We then followed him into court to hear his submissions. I was very enlightening especially when you consider that this lawyer sometimes has only a few minutes to formulate some sort of plea for his clients. He also challenged me on my thesis in my research essay that Australian jurisdictions should adopt the intent to temporarily deprive, and not permanently deprive, as the basis for theft. I am thankful and I worked some of his suggestions into the second draft which I've submitted for commentary. I think I've done all I can with that, given the word limit, and I think I've structured it logically.

I did get some other good news and that was that I received a High Distinction for my moot court presentation assessment in Evidence Law. I reported on this assignment earlier and it turns out my partner and I both did extremely well. Apparently my argument "demonstrated command of the material, facility with the facts, and ability to think strategically." Needless to say, I was very pleased with this outcome. I remember in school aboslutely despising, with every fiber of my being, public speaking assignments but now I've found a sort of comfortable ease with them. I don't understand why so many people simply read off their notes in a prepared speech for assignments when a more natural apporach "feels better." Anyway, I'm happy with this now and all I have to look forward to now is the utter joy of the exam.

There is one more thing I've learned and that is that the drough has officially broken, at least in NSW. The long period of low rain, called the "Big Dry" or the "Long Dry" came to an end last week when the last parts of the state were declared drought free. This is thanks to the La NiƱa event that has brought well above average rainfall to Australia. All I can say then is thank heaven for little girls. While some people are rejoicing many in the environmental camp are wary and are warning that this may only be a temporary reprieve and that more punishing aridity may follow. We'll just have to wait and see but since Australians get so few moments of unalloyed pleasure from the weather, I say celebrate for now. And I've added photographs from my trip to Melbourne.

Sunday, October 17, 2010

Melbourne: The Second Half

On the 3rd of October, Katia and Maria gave me a very special treat --- a trip to Mt. Macedon. Not too far from Melbourne, Mt. Macedon is a fairly high mountain with a cross on top of it. The cross was built after the First World War at the expense of one person so that Melburnians would always remember the soldiers who fought. It was built on the southern flank of that mountain and illuminated at night so that it could be seen from all points of Melbourne. The cross, following years of weathering, a lightning strike and a devastating bushfire, was repaired in the 1990s. However, in all that time it has been a popular destination for a picnic and some light walking.

We headed out in the afternoon and were quickly at the mountain's base. As we drove up I noticed that many people built mansions on the mountain's lower slopes. These were clearly the homes of the very wealthy. As we drove further up, I noticed at a junction a sign pointing to Hanging Rock, a place of importance to Australians. That place is the setting for the surreal thriller Picnic at Hanging Rock. First a book, then a movie it is the story of a group of schoolgirls who have a picnic at Hanging Rock and then disappear, only to reappear again. Once back, though, they have no memory of what happened. I haven't seen the movie myself but I guess I should and the book is considered an Australian classic.

Anyway, we made it to the top of the mountain where there was a parking lot. We got out and walked to the cross. The landscaping is very neat and the view was quite spectacular. Melbourne was clearly visible on the horizon. After a reasonable amount of time, we walked back to the car and drove home.

On my last full day in Melbourne in Melbourne, I decided to visit the Melbourne Aquarium. It was a little smaller than I expected but it was good nonetheless. There were many native species but also exotic things like sawfish, sharks, rays, blind cavefish and a Giant Octopus. There were even some axolotls, a sort of salamander from Mexico that the Aztec once used as currency. Some of the shark eggs were very interesting and one was even in a sort of corkscrew shape. However, I spent the most time at the penguin pen. The Aquarium has two types of penguins, the small Gentoo and the slightly larger King. They frolicked about and swam as is there custom and you couldn't help but stare. There were even a few eggs that were being cared for by the penguins. I spent almost the entire day at the aquarium and I would recommend it to anyone.

I flew out the next morning after thanking my hosts for their incredible hospitality. I always enjoy going down to Melbourne and I think this was a break I truly needed. Unfortunately, I only had a few days before university started back up again and now it's back to the grindstone. Happily, there's only short time until the semester is over.













Sunday, October 10, 2010

Melbourne: The First Half

I have recently returned from an almost week-long trip to Melbourne, Australia's other great metropolis. I will relay my adventures there in 2 parts, this being the first. I did have a wonderful time in Melbourne, made all the more hospitable by the hospitality of Katia and Maria Soc, who allowed me to stay with them during my time. It was quite therapeutic for me, I think, to get out of Canberra, stretch my legs and do a bit of exploring. I'll also give the answer to the joke from the last post at the end.

I flew into Melbourne on an early flight as it was the cheapest I could get. There was a delay as Virgin Blue had been having problems with their automated check-in service for a few days. Luckily, I had checked-in on the web the night before. Upon arriving in Melbourne I took the bus to the city centre as I was unable to go to the Socs right away. I took the opportunity to wander around in the warm sunlight. I found myself at the Treasury Gardens and being quite exhausted, I had a nap on the park grass. Once I awoke, I made my way to the train station and caught a train to Broadmeadows in the city's northern reaches. I spent the rest of the day around the Socs home preparing for the next day's outing.

The following morning I decided to visit the Fitzroy Gardens and the State Library of Victoria, both fascinating places. The Fitzroy Gardens are an old city park just next to the Treasury Gardens in the heart of the city. Throughout there are various interesting buildings and artworks. For example, there is the cottage that James Cook grew up in in Yorkshire. It was taken apart brick by brick and reassembled in Melbourne. Having been built in the mid 18th Century, Cook's Cottage claims to be the oldest building in Australia. There is also the impressive River God Fountain and the playful Dolphin Fountain. Then there's the whimsical Fairies' Tree which consists of fairies and native Australian animals carved and painted into an old stump. Beside it it my favourite place, the Model Tudor Village. Gifted to the people of Melbourne by the English for supplying food after World War 2, the Model Tudor Village is a miniature representation of a village in the 16th Century. One can clearly discern a church, a mill and the thoughtful artisans even included Shakespeare's and Ann Hathaway's cottages. If it had been like that, I imagine William and Ann first meeting each other on the village path, then courting and finally marrying. The little village is something to behold.

After the gardens, I went to the State Library of Victoria, an imposing building near La Trobe Street. I originally intended to see if I could obtain some documents for my internship essay but it turned out they were unavailable. I decided to explore the library and I was pleasantly surprised by what I found. On the upper floors there was an exhibit dedicated to Australia's most famous scoundrel, Ned Kelly. A troublesome son of a convict settler, Ned and his gang of reprobates became bushrangers, robbing what they could, when they could in the 1870s. In doing so, they endeared themselves to the citizens of the Colony of Victoria as they were seen to be fighting the establishment and the corrupt Victorian police. Matters came to a head in 1878 when Ned and his gang burned mortgage deeds, the only copies of that bank's debtors and Crown property. The gang also ambushed 4 police constables, killing 3 of them while the 4th escaped. They were declared outlaws and were finally cornered at an inn in Glenrowan in northern Victoria. The police encircled the inn and a gunfight ensued wherein Kelly's 3 accomplices were killed and Kelly himself captured. In one unbelievable act that ensured their immortality in the Australian psyche, the Kelly Gang made suits of armour out of ploughs and in these they faced the police. Ned Kelly was tried in Melbourne and hanged in 1880, his last words supposedly being, "Such is life."

In the State Library I found that Ned Kelly's armour was on display, or as near as could be figured. It has been restored although it still bears the indentations of the bullet strikes. It also has an apron which Ned Kelly probably did not wear but was worn by one of the other gang members. A little further on was a cast of Ned Kelly's death mask. They are amazing pieces of Australian history that I was glad to find. It is also a little ironic since the library and the vast reading room adjacent to the exhibit was largely the work of Redmond Barry, the judge who presided over the Ned Kelly trial and sentenced him to death. In fact, the library was built in the very same year.

On another floor there was an exhibit about books through the ages. I found myself pulled towards a book about mathematics, printed in the late 15th Century, by Caxton, the father of English printing. I was pleasantly surprised that with only minimal effort I was able to read and understand the English of so long ago.

I made my way to Federation Square where I found a radio show, MTR (Melbourne Talk Radio), broadcasting. And here, I had a chance to win 2 tickets to the Grand Final replay and I completely blew it. I was among 4 people asked to commentate on a fictitious final 30 seconds of the Grand Final and the winner would win the tickets. I was among 4 people and though I slightly rehearsed beforehand when it came my turn (I was 2nd), I completely messed up as I could only remember 1 player's name. Anyway, it was an unmitigated disaster but I did get 2 tickets to a Toni Childs concert the next day and a copy of Ben-Hur which I gifted to Katia and Maria. Slightly depressed, I returned to Broadmeadows intellectually satisfied though shattered in spirit.

The next day I went to the Melbourne Museum and the Royal Exhibition Hall. 1880 seems to have been an eventful year for Victoria as Melbourne hosted the World Exhibition. For that occasion an enormous hall was built, like London's Crystal Palace, although this one is the only original such structure on its original site. It was also where Australia's Parliament met until Parliament House was completed in Canberra in 1927. I couldn't go in as it was closed but from what I could see, it was an impressive building and I could only imagine what it had been like when it had first opened.

The Melbourne Museum is a much more modern structure to which, I was happy to learn, student admission is free. There were a myriad of interesting exhibits dealing with natural history, the human body, dreams and the struggle for Aboriginal rights. I even got to see an IMAX 3-D movie about the Hubble Telescope. At the time there was also a very popular Titanic exhibit but it has been sold out for ages and I didn't really have a desire to see it. Still, the rest of the museum was absolutely fascinating and I hope to go back again. Although I was there most of the day, I still missed a portion of it and I hope to complete my tour of the museum soon.

The evenings entertainment consisted of me going to a club to see Toni Childs, whom I had never heard of but was apparently very big in the 1980s. Later research revealed that although she was an American, she was most popular in Australia. The band that opened for Toni Childs was very good and I enjoyed listening to their bluesy rhythms. One thing I noticed was that much of the crowd was made of of people in their 40s and beyond, who I can only assume have been Toni Childs fans since the beginning. Toni Childs came on after a while and although here music was good, it wasn't really my cup of tea so I left after about half an hour. The club itself was in the very posh suburb of Toorak so it took me a while to make it back to Broadmeadows by train. If there are any Toni Childs fans out there, I hope you're not too mad at me for leaving.

The next day was Saturday the 2nd, the replay of the Grand Final. I managed to get myself invited to a small Grand Final party (just 5 of us) at a friend of a friend's house. We eagerly watched the game which the Collingwood Magpies easily won. It was great fun to watch it with other people over a few pizzas. Later we were invited to a 30th birthday party at a bar in the city called Troika, which had a sort of Soviet theme, much like Kremlin Bar in Canberra. I met many fascinating people at that shindig and I now have new friends to visit in Melbourne.

And at some point during this first half, I ran into someone I hadn't seen in about 10 years and then only in Ottawa, Zirka Reshitnyk. She was just walking down a Melbourne street when I happened to notice her and called out. It turns out that her boyfriend is an Australian who works for a dramatic production company and they live, at least for the moment, in Melbourne. I thought how unbelievable it is to meet someone I hadn't seen in such a long time and from nearly half the world away! What a strange and wonderful continent this is.

Anyway, that's the end of Part 1 and here's the answer to last post's riddle: Why was the dolphin allowed in adduce hearsay evidence against the credibility of a witness? Because he offered the evidence for a non-hearsay porpoise (as opposed to non-hearsay purpose). I welcome your groans.










Sunday, September 26, 2010

Moot Points

I had a rather exciting day in court last Wednesday. As part of the assessment in Evidence, one of the activities was a mock argument in court, effectively a mooting exercise. My partner and I, who played the role of Crown prosecutors, had to make submissions asking for certain evidence to be included and excluded. There was also a 1-person defence team comprised of the magnificent and near-invincible Kate Maloney (the nominal student head of the JD program) who stepped in at the last minute as we would otherwise have had no defence team against us.

I made my arguments first, submitting that the victim's criminal record and tattoos should be excluded. Then Kate made her counterarguments and then submitted that the accused's statements should be excluded. My partner, Roland, then made his submissions that the accused's statements should be admitted. All the while our professor-assessor, Molly, interjected with questions challenging our positions. At then end, she said she was very impressed with our performances, in particular that we had good presence and were able to effectively address the judge on a personal level. I remember her saying that there was no question that she could ask that would phase us, which I take as high praise indeed. I had also made a particular argument that admitting the victim's criminal record and tattoos would render the trial unfair for the accused which is a violation of their rights under the ACT Human Rights Act. S. 21 of that act states, paraphrasing it, that everyone has the right to a fair trial, the operative word being "everyone" not "every accused". I submitted that in this case "everyone" includes the victim. I had actually gotten the argument from my Criminal Justice class but it seemed appropriate. I was told it was a very good and creative argument and that if I'd been able to find some sort of supporting precedent, it would have been "killer". At all odds anyway, my partner and I left the moot in high spirits as it seems we did very well.

After 10 weeks of back-breaking labour we have entered the 2-week break. This will be the last 2-week break after 10 weeks as ANU is switching to a new system next year following mounds of unfavourable feedback from students and staff. I am taking this opportunity to visit friends in Melbourne from next Wednesday to the following Tuesday, so there won't be a post next Saturday. I haven't been out of Canberra for quite some time and I think I should take my leave for a little bit.

While in Melbourne I may get a chance to see Game 2 of the AFL Grand Final. They played Game 1 today and it ended in a tie. In AFL, for some ungodly reason, if the Grand Final ends in a tie, they play another full game the next week. I much prefer the ACTAFL's approach involving extra time. I was working at ACTTAB today and I watched the game when I could. The St. Kilda Saints were playing the Collingwood Magpies in front of 100 016 people at the Melbourne Cricket Ground. It was an exciting game with St. Kilda pulling out in front just minutes before the game ended but Collingwood managed to tie it up although they blew a few chances to put the game away. At full time the final score was 68-68 and it's only the 3rd time in history that this has happened. Each team is trying to win their first premiership in many years; Collingwood last won in 1990 and St. Kilda last won (its only win) in 1966. If there are any tickets available I'll definitely try to go down for the game. This doesn't happen very often and if I can I want to see the thrilling conclusion.

To end off, here's a joke for the lawyers. I'll post the answer the next time I blog. See if you can guess the answer.

Why was the dolphin allowed in adduce hearsay evidence against the credibility of a witness?

Monday, September 20, 2010

A Day at the Footy

Saturday was a very long but fun day filled with aussie rules football. It was the last day of the season and as such the U-18, Division 2 and Division 1 Grand Finals were all played on that day. Although I wasn't officiating in any match I headed down to Manuka Oval for 2 reasons: to support my fellow umpires and entry is free for officials. Every year the umpires present a cohort for the final day and we sit as a group.

The games were of high quality though without the added excitement of a close result. The matches were handily won by the victors. I did have something of a small victory myself. During one of the intermissions I received detailed feedback on my performance in the latter part of the year. Because of manpower issues, the umpire coaches cannot see everyone throughout the year and only do these detailed assessments towards the end when deciding who will get a finals appointment. According to the assessor, I had progressed "in leaps and bounds" this year and of 20 or 30 assessment points, there were only 2 "mistakes", if you can call them that. The first was that I was wearing a gray shirt underneath my orange uniform when it should be black or skin-coloured; I think I mentioned this previously. The second was that for one decision I may have straddled the line a little late, but the assessor wasn't sure. In other words, it was not clearly a mistake on my part. As it is almost certain that I will be in Canberra for another year, this bodes very well for me. The assessor informed me that my progress had impressed the coaching staff and if I continue to perform very well, there may be good things indeed in store for me.

After the games, the lot of us proceeded to the nearby Kingston Hotel for a repast. We watched part of the St. Kilda Saints-Western Bulldogs Preliminary Final and toasted another successful year. The Umpires' Association Annual Dinner will be held in mid-October but until then, we're free of obligations.

Free of obligations is perhaps being a tad generous as fitness has no off-season. Although there will be no games until February or March, it is still necessary to maintain a certain level of fitness so I've resumed running 4km every few days. I may increase that to 8km later on but for now, I have to ease into it. I want to be as fit as is humanly possible for me when next season rolls around.

The weather has turned quite pleasant with spring in the air. The days are warming up to 20C which means t-shirts and shorts. Temperatures will hover around this mark for a month before rising again.

One final bit of good news, I received a Distinction for my Equity and Trusts take-home exam. This is not an easy course and I am very happy that I have grasped at least the basic concepts. We'll see how I do when the final exam rolls around but this has given me a much needed boost of confidence. Now let's hope my other courses follow suit.

Monday, September 13, 2010

Finales

It's been a fairly eventful week. There have been some extraordinary occurrences in Australia and the world throughout. Some are more mundane than others, but each have there own characteristics of interest.

In Canberra last weekend there were some damaging winds, accompanied by some rain. With the reservoirs now at 75% and looking to reach 80% soon, Canberrans are eagerly awaiting the easing of certain water use restrictions. The winds, however, knocked down several trees including some along the boulevard of Northbourne Avenue. Luckily, the damage wasn't too significant and there was no disruption to general city life.

Less can be said for Christchurch. New Zealand's South Island's largest city (sometimes mistakenly referred to as New Zealand's second largest city) was shaken by a powerful earthquake that measured 7.1 on the Moment Magnitude Scale (MMS). I'll spare you the boring details but the MMS is what scientists use although it is more commonly called the Richter Scale. It seems that there was significant damage to the city, although no deaths. The South Island is considerably less tectonically vibrant than its northern neighbour but is clearly not immune. The earthquake building code probably prevented more significant damage although at a certain point there's nothing that can be done. It will take some time to clean up after the quake but New Zealand has experience with this type of thing so I wouldn't be too worried.

And keeping with the disaster stream, it seems northern Victoria is in the midst of floods. The Australian Defence Force has been called out to assist. While this will go some way to relieving the drought, especially considering the low levels the Murray River has suffered recently, it's still a great inconvenience.

On another topic, Australia finally has a government. After some political trading, the final 2 independent members, Windsor and Oakeshott, sided with the Labor Party. This gives them the 76 seats required for a majority and Julia Gillard remains PM. I understand that Kevin Rudd, the former PM, will be Minister of Foreign Affairs which is where he made a name for himself before. I had a chance to watch Windsor and Oakeshott announce their decision in a press conference. Windsor was fairly brief but Oakeshott took forever to announce his decision. He droned on and on and listed the reasons for the decision. I think the consensus is that this was his moment in the sun and he wanted to get as much out of it as he could. This new government, technically a minority one, will be interesting if not only to see how long it lasts. All parties, though, are talking as though the government will be allowed to complete its full 3-year mandate barring anything surprising.

I had a great opportunity yesterday to be a goal umpire for the ACTAFL Division 4 Grand Final at Manuka Oval between Goulburn and ANU, and what a game it turned out to be. The day was sunny and warm with only a hint of wind. The game was close throughout and when full time came around, it was a tie. This necessitated the use of a special procedure for tie-breaking wherein 2 additional 5-minute periods are played and at the end, whoever is in front wins. In the end, the result was 1 point in favour of ANU; final score Goulburn-84, ANU-85. I think that not only was this the best game I've officiated this season, I think it was the best game I've ever officiated. I haven't seen that full game assessment from the umpire assessor but the half-time report was quite positive. It's always an honour to be asked to officiate a grand final, it means you are one of the better umpires throughout the year. Barring anything unusual happening, though, or being asked to be an emergency on-call replacement, I think this is the end of my season. Next week the Under-18s, the Division 2 and the Division 1 grand finals will be played and that will end of the season officially. I think I've ended on a very positive note and I can't wait for next year.

Sunday, September 5, 2010

La NiƱa

Australia has come under the influence of the little girl, the La NiƱa event that affects the Pacific every so often. And I must say that it's not a moment too soon. La NiƱa almost always brings with her above average rainfall and Australia could certainly use as much as it could given the dryness of the last 15 years. Lately, though, there has been a period of prolonged wet weather which has elevated the levels of the all-important reservoirs and changed the red interior a healthy shade of green. However, this chica loca is a wild girl.

Let's take today as an example. A large and powerful low pressure system has moved over southeastern Australia bringing several centimeters worth of rain to Adelaide and Canberra with additional appreciable amounts to most other capital cities. In Adelaide the rain was accompanied by wind gusts up to 100km/hr while Canberra will tomorrow face a slightly drier day but gusts approaching 75 km/hr, although it's howling outside right now. Unfortunately as it is the playoff season for the local Australian rules football league, I have to umpire in these conditions tomorrow. Actually I dodged a bullet as I was originally scheduled for today but was made to switch with someone when their unavailability unexpectedly changed. Today's rain was fierce and persistent but it is supposed to ease up tomorrow so these clouds do have silver linings.

I also had the opportunity to participate in an interesting exercise in evidence class --- a trivia contest dealing with hearsay. The game was spread out over the two days we would have had lectures and was designed to familiarize us with relevant provisions of the Evidence Act relating to hearsay evidence. I was with a team of some old friends and some new ones. For those who aren't familiar with the intricacies of evidence, hearsay is (roughly) non-first-hand evidence and there are rules about when you can and can't use it. I, and others including the lecturer, think this is the hardest concepts in evidence law. The problem I find is that while I can usually recognize admissible and inadmissible hearsay evidence the Evidence Act is not a well-drafted bit of legislation which makes hearsay rather tricky. One of my dad's stories from law school was that he, rather unexpectedly, received a very good mark for evidence. I'm hoping that history repeats itself.

I'll close by saying that recently I've rediscovered one of my favourite Canadian singers --- Amanda Marshall. She was very active in the blues/adult contemporary genre from the mid-90s until about 2001, when she suddenly went quiet. Apparently she has continued to sing at concerts and the like and has an album planned for this year, which will be her 4th (excluding "best of" compilations) and her first since 2001. She had some of the most memorable songs in that period and I'm sorry she sequestered herself. The thing about her is that while she might not have the vocal range of some singers, her voice has more power behind it. In my opinion, one of the most underrated and overlooked singers of the period even though she was quite well-known and successful during her time. Let's hope she receives the recognition she deserves.

Monday, August 30, 2010

For One Who's Come Across the Seas

I had a rather interesting visitor this past week. My cousin Laura, who has been teaching English in South Korea for the past 5.5 years, paid me a visit. She stayed most of the week in Canberra and I managed to show her around. She seemed rather impressed with Australia and said repeatedly that she plans to return. Her time in Korea runs out in February and after some travelling she'll be taking up some sort of position, teaching again I think, in Pakistan.

Laura arrived last Monday in what turned out to be a very odd week weather-wise. The whole of the week was quite cold and cloudy whereas Canberra usually has at least a few sunny days per week. It was windy, rainy and even had a touch of wet snow. At any event, because of my rather hectic schedule Laura took in many of the sights by herself but made some friends along the way I understand. We did get to see one attraction together and that was Old Parliament House.

Not too far from New Parliament House is the Old, or Provisional, Parliament House. From 1927-1988 this was the seat of Australia's government. Built rather hastily in the art deco style, Old Parliament House was originally supposed to be Parliament's home for a few years until the permanent structure was built. However, the Great Depression and World War Two prevented construction and Old Parliament House served its role until 1988. In 1927 there were 300 people working in the edifice (including politicians, journalists, political staff and building staff) but by 1988 that number had increased to 3 000 and the building simply couldn't cope with the numbers.

Old Parliament House is now the Australian Museum of Democracy and I took Laura there because it wasn't too far away and I'd never been there myself --- and we were both pleasantly surprised. Recently refurbished, the interior, while left mostly in its original state, is now full of interactive displays about the history of Australian democracy. Laura and I wandered through the building which was fairly empty given that it was late afternoon and marvelled at it. The Prime Minister's office I found particularly interesting given the near-street level windows that would now make for a security nightmare and the spy hole that the PM's secretary could use to make sure he was alright. Because Laura and I were more or less the only ones there, we got something of a private tour of a section of Old Parliament House.

The one thing I truly remarked about Old Parliament House was how cozy it felt. Because it was meant to be temporary, it was never built to a grand size, like Canada's Centre Block, which can have a cold sterile feel about it, especially given that it's made of stone. Old Parliament House, on the other hand, has a sort of organic quality and walking through the narrow halls you get a sense of belonging or something. Unfortunately it was too late in the day to thoroughly explore every nook and cranny but I plan to come back once I have more free time to really explore Old Parliament House. Given the history that has been made therein, I think it's one of Canberra's great treasures.

A few days later, Laura left for Sydney on a weekend trip to have a tour of the Opera House and take in a concert. When she got back, she could not help but rave at the experience although she did say that she would prefer to live in a small city like Canberra. Quite early this morning Laura flew out to return to Korea but I imagine that this trip has only whet her appetite for Australia. She would not be alone if that is the case as many have succumbed to the same feeling.

The other news worthy of report is that there is still no decision as to who will form the next government. The Labor Party has 73 seats (thanks to the one Green Party member), the Liberal Party has 73 seats (thanks to its coalition) meaning that the fate of Australia now rests in the hands of 4 independent members. Talks between them and both large factions are currently underway but so far no resolution. Let's hope they sort themselves out soon.







Sunday, August 22, 2010

150

For my 150th blog post, I have quite a bit to report on. As it happens, it falls on the night of a very important Australian election and the 150 members of the House of Representatives are seeking office. It's also a test of the Labor Party's policies and the results are very exciting.

First of all, some other news. I read that the US has ended its combat operations in Iraq. We'll see what this means in the future and what the consequences of America's actions will be. After 7.5 years in Iraq, only history will tell what impact the Americans had on the country. Contrary to many predictions, Iraq has not descended into civil war and hopefully it was not only the Americans' presence that prevented it. While there will still be support units in the, Operation Iraqi Freedom (they've got to come up with more imaginative names) has concluded and this chapter of American history closes; let's see what the footnotes will say.

In health news, I got a massage for my stiff iliotibial band at umpire training. Every training session a physiotherapist comes in and offers massages to those who need them. To limber up my iliotibial band, I asked for one and it is an experience unlike any other, and not one which should be repeated. In order to loosen the band, pressure must be applied to it but in its stiff state, that causes considerable discomfort. The physio knew what she was doing and it did help but I really felt the pain. Next time, I think I'll just inject some drugs right into the band.

In lighter news, I got the chance to effect a Scottish accent in my criminal justice class. The lecturer asked for someone to do it to read out a passage by a Scottish author. No one put their hand up so I volunteered and I think I pulled it off. In truth, I did it better than I thought I would. Unfortunately there is no recording of this event.

The big news in Australia is, of course, the general election and what a night it has been. The final result is too close to call and will likely not be known for some weeks as there will be recounts and challenges. However, for the first time since World War 2, Australia will have a "hung" parliament, which means that no party has won a majority of seats. In my opinion, a better solution would be a hanged parliament. The predicted final tally in the House is the Liberal/National Party, 73 seats, the Labor Party, 72 seats, the Green Party, 1 seat and independents, 4 seats. This mess will take some time to sort out but until then, Julia Gillard will continue as Prime Minister. As you can see, the formation of the government will depend on how the independents and the Green Party members align themselves. An even more curious result would be a 75-75 split which would really liven things up.

This result has come about due to poor performance by the Labor Party in the 4-week election. Apparently they had a pretty disastrous 2nd and 3rd weeks and so that has hurt them. The Labor Party has lost something like 15 seats! The Labor Party was already in trouble due to declining polls, the ousting of PM Kevin Rudd, the mining supertax and the failure of the Emissions Trading Scheme (whatever that was). Also, it seems that they underestimated Tony Abbott, the Liberal/National Party leader, who was able to run a fairly effective campaign. I think the Labor Party could have secured a better result if they'd stuck to pointing out that they managed to keep Australia out of recession with their stimulus package and Australia has one of the best performing economies in the industrialized world.

This election has been remarkable for other reasons. The first Green Party member was elected for the district of Melbourne. A 20-year old from Queensland in poised to become the youngest ever MP. Also from Queensland, voters elected the first indigenous Australian Member of the House of Representatives. In general, there has also been a strong showing for the Green Party nation-wide and they will now hold the balance of power in the Senate, and to some extent in the House as well.

A few words, or as few as can reasonably be uttered, about the Australian electoral process. Australia's election system is nothing if not entertaining. In Australia, voting is compulsory and done on a preference system. On the ballot page you mark in order from 1-whatever the candidates whom you wish to elect. In other words, your first choice you mark "1", your second, "2", and so on, though you don't have to exhaust your choices. First, the 1 votes are counted and if no candidate has 50%+1 of the votes, then the 2 votes are counted and so on until a candidate has achieved a majority. While creative and, I think worthwhile, this system is very confusing to an outsider, as Bill Bryson noted. The analysis speaks of things like "1st Party Preference, "2 Party Preference" and the "swing". The swing is the easiest concept, it's the percentage change from the last election so that a swing of 5.8% to the Liberal/National Party (as happened in Queensland overall), means 5.8% more people voted for that party than the previous election. Still, if you're not in tune, Australian election banter quickly degenerates into what sounds like meaningless drivel, although it may actually be very astute observation. I'm ineligible to vote so, luckily, I don't have to know any of this.

Another peculiarity of the Australian election system is that all constituencies have proper names, and not just descriptive ones like Ottawa-South or Toronto-East. For example, I live in the electoral district of Fraser, and around the country there are Fraser, Bennelong, Sturt, Eden-Monaro, O'Connor, Durack, Lingiari, Werriwa and countless others. I think this is very clever on the part of Australians. Although perfectly functional, Canadian riding names are rather bland but Australians have spiced theirs up. I think Canada should seriously consider following the Australian example.

There is also the nerve-center of reporting, called the Tally Room. This is where all the results are sent through more or less as soon as their known. I'm not sure if there's something exactly similar in Canada although I do know that news agencies report the results and that individual political parties have something like it at their respective headquarters. I've been told that it can be quite the experience and I may have gone had I not been assigned a take-home exam on the subject of fiduciaries. If this is a hung parliament, then the next election might not be too far away anyway and I can visit the Tally Room then.

So who's going to be the Prime Minister? No one can as yet say. What is certain is that the Labor Party has been dealt a significant blow but, for the time being they remain in power. We'll see what happens over the coming weeks if a changing of the guard will be in order.

Sunday, August 15, 2010

Moving on Up

I had a rather important day last Sunday --- I was appointed to umpire my first Division 2 game. In the ACTAFL there are several divisions, though we only umpire the 5 most senior ones. The division are, in increasing order of "importance", Division 4, Division 3, Under-18s, Division 2 and Division 1. The appointment is important for me because I am 1 step closer to umpiring at the AFL level. In Canberra, between Division 2 and the AFL there is only Division 1, although there may be other intermediary leagues. I don't know if I'll ever get to the highest level, though I would certainly like to try, but it is a good step. I'll have to see how I go in the playoffs to see if maybe next year I'll get a crack at Division 1.

Australians, especially Canberrans, have had a lot to cheer about recently. There has been quite a substantial amount of rain throughout the country easing the drought. While no one dares say that the drought is over, Canberra's water reservoir levels have surpassed 60%, which is a big deal in Canberra. Some analysts are optimistically predicting reservoir levels of 70-80% by year's end which would be amazing. This is as a result of increased rainfall combined with better water management techniques. As Amanda Marshall sang, "Let it rain!"

Also, my primary means of conveyance, my bicycle, is undergoing repairs at the moment. A few months back I had a bit of a spill in wet weather and I think it may have bent my rear wheel and hanger. At first the problem wasn't to bad but over the course of a few months the bend has just become too pronounced. The bent wheel also wore away the rear brakes which also have to be replaced. I think the hanger also became bent in that spill. There's not much that can be done other than getting those items repaired/replaced and just hoping that it doesn't happen again. I should get it back tomorrow good as new. I hope it doesn't need repairs for a while at least.

Saturday, August 7, 2010

A Spot of Culture

About the only thing of interest that happened this week was the annual ANU Law Revue. This is a show put on by ANU law students that satirizes just about anything topical. Perennial favourites are impressions of professors and politicians, however anything particularly topical will also find its way into the Law Revue. I missed last year's and I was determined not to miss this year's and I'm glad I didn't. The Revue was exceedingly funny especially when it came to professors and politicians. I don't think I've ever seen a professor at the Revue but I think they should go. It's meant to be good humour and it really is. Some of the segments were a very funny video lampooning our Vice-Chancellor's decision to cut humanities programs, a simulated election rap-off, professors lamenting while singing that teaching students is too complicated (to Avril Lavigne's Complicated), Survivor: Christmas Island (where refugees are housed while being processed and a song about never being able to escape Canberra. I laughed very heartily as did the rest of the audience.

One thing the Law Revue must be substantially commended for is their inclusion of a High Court decision handed down just that day. As this was the second show, it means that the directors had to quickly come up with something and they did. It was really just a mention but well done nonetheless.

This particular High Court decision comes from something called the GetUp! Case. As I understand it, GetUp! is a citizen's group devoted to electoral awareness. In Australia being enrolled as an elector and voting and compulsory and it used to be the case that once the election was called, you had 7 days to enter yourself on the electoral roll. A few years ago, the Howard government changed the rules so that the electoral roll closed on the day the election was called. Why that was I'm not sure but this rule survived. However, some time ago GetUp! mounted a challenge to that law and the High Court agreed with them that it was unconstitutional. I haven't read the decision but it means that something like 100 000 voters are now eligible to enroll and vote. The analysis is that this may help the Labor and Green Parties but we'll have to see how it plays out.

Come to think of it, the election is only 2 weeks away. As of right now, I still think Julia Gillard will win but 2 weeks is a very long time in politics and in this war, there are no holds barred.

Sunday, August 1, 2010

Legal Aid

The first 2 weeks of semester have gone by and I can't say that there is much to report. Tutorials begin Week 3 and run to the end of semester but so far there have been no assignments due and nothing will be due until mid-August which is when I have 1 or 2 mid-semester exams. It's just the slow process of learning.

I did meet with the person who's going to be my research supervisor at ACT Legal Aid, Matt O'Brien. He's a rather pleasant criminal attorney. We had a discussion about possible topics and he indicated that I should come back in a few days to sort everything out. This is part of the legal internship program which is essentially a research task. While I probably will have a work space at Legal Aid, it's not compulsory, but at least it will give me some experience in the field. Matt has also said that if I want to go to court I can, including observing interviews with clients and heading down to the cells. We'll see where this goes but I'm looking forward to working with some real lawyers.

Last Sunday I attended the final functions of the Landmark Country Football Carnival. The first was the Grand Final at Manuka Oval. Being an umpire, I had a free pass. The game was of high quality but Victoria Major was far too good for South Australia. I was hoping for a close game but it was a pretty wide margin. After the game, there was a function at the Ainslie Football Club where trophies were handed out. I went for a final get-together with my fellow umpires and for the free food. The carnival was really exciting and I enjoyed umpiring at a reasonably high level. It's just unfortunate that my tendon wouldn't let me finish off my last game, but I think it's paid off; next week I've been appointed to my first Division 2 game.

Lastly, on Sunday Fenner also had its annual Bush Week trivia night. I was in charge of 2 rounds --- the first consisted of 3 short questions for the leading team and the second was a full round of lateral thinking questions. I think I made them too easy since most of the teams got most of them; 1 team even got all 10. Unfortunately my team didn't win so we couldn't get any extra money for floor events, but we gave it a good try.

That's it.

Sunday, July 25, 2010

The Beginning of the End

I can remember my first class at law school, Contracts, and thinking how far away the end seemed. I knew 3 years wasn't all that long and that I would be finishing much sooner than some of my colleagues but I couldn't begin to imagine the end ever actually arriving. And now it's here. This past week marked the beginning of the end of my law degree as my final semester got underway. I have 4 classes: Equity and Trusts, Evidence, Criminal Justice and Law Internship. The law internship is really a sort of research assignment that is supervised by a legal practitioner. My supervisor will be Matt O'Brien from ACT Legal Aid's criminal law division. I'm meeting with him in a few days to discuss a topic and then I'll get underway. Otherwise my classes seem pretty standard so far. I just hope that I pass all my courses on the first go, in other words, that I don't have to sit any supplementary exams because that will delay my graduation by a semester. My family is coming down for my expected graduation and I don't want to disappoint them.

The Australian rules football country championships were played in the Canberra region this week and I managed to officiate some games. There was a call for volunteer boundary umpires and I put my hand up and was appointed to 2 games in Queanbeyan. These are fairly high quality as they are state teams. There were only 2 17-minute halves which made the running load much lighter than otherwise; a typical game in the Canberra league is 20-25 minute quarters (depending on the grade). I went alright in the 1st game but as it progressed I could feel my ITB seizing up. The ITB, or iliotibial band, is a tendon which runs down the thigh and joins with another muscle at the knee. A few days ago I had had a pretty solid run and I had tweaked it a bit. The ITB is notoriously difficult to stretch and once irritated, it really hurts. I managed to get the 1st half of the 2nd game down before I couldn't run anymore. I was somewhat irritated that I couldn't finish off the game and it was only because of this knee thing. It was my first attempt at boundary umpiring and even though I only had to make 1 decision, I am told I was fairly impressive. I'm taking a week off training just to give my leg a rest and I'll see about further boundary umpiring afterwards. I still continue to goal umpire without issue.

An interesting piece of news that crossed my desk was the report that Helena Guergis has been cleared by the RCMP. Guergis, who was a junior minister in the Canadian government and had a rather famous, if somewhat overstated, rant in the Charlottetown airport, was removed from cabinet and caucus following "serious allegations". To date, Guergis has not been told these allegations and no one outside the PM's close circle seems to know either. With the RCMP investigation concluded, it made me think of my administrative law principles; the principles that govern when someone can seek judicial review of a government decision. Although I doubt Guergis would be able to seek judicial review, I think there was a complete failure of what is called natural justice (procedural fairness), which would ordinarily give someone the ability to contest the decision in court. In a famous Australian case (VEAL v MIMIA), the High Court held that whenever a person is accused of something, even if the reviewing body takes no notice of it, that person must be given a chance to respond to those allegations. In that case, the refugee applicant designated VEAL, was the subject of a letter to the refugee board which accused them of committing crimes against humanity or something like that. The letter asked that the writer's identity be kept secret and although the board said that the letter existed, they gave it no weight in their decision. Nevertheless, the High Court said that natural justice/procedural fairness required that the allegations (but not the identity of the author) be disclosed. I think Guergis' case falls squarely in this camp.

The Guergis Affair also made me think of historical precedents such as the Star Chamber and bills of attainder. The Star Chamber was an inquisitorial court whose meetings were secret. A person could be compelled to testify against themselves and secret decisions could be reached finding people guilty of sedition or treason. Bills of attainder were acts of Parliament that found someone guilty of treason without a trial per se. I think that Guergis' situation falls very close to both of these.

I watched the CBC's Peter Mansbridge interview with Guergis online. I didn't think it was a particularly great interview for her, but I don't think it harmed her and maybe helped her a bit. If nothing else, it served to underline the issues in her dismissal. While the allegations still remain undisclosed, from what I read online, there is a chorus to have them revealed. I think that they should be if for no other reason than that public money has now been expended on the RCMP investigation and the public should know why that money was spent. Of course, I also think the Guergis should be told the allegations anyway because it would be fair to do so. We'll have to see how this plays out over the coming weeks and especially at the next election.