Testing times when law has lost its faculties?

Macquarie University's upcoming exam questions, according to The Mocker, who can never be taken seriously.

Following The Australian’s scoop that law students at Macquarie University were forced to conduct an acknowledgment of country or lose marks, The Mocker takes a sneak peek at the faculty’s upcoming exam questions for this semester.**

1. In 2020, the High Court ruled 4-3 in the case of Thoms v Commonwealth of Australia that the plaintiff, a New Zealand national born in that country who had been imprisoned for criminal offences here, could not be deported because he had First Nations ancestry and thus was not an alien. What does it say about our judiciary that the three judges who were on the wrong side of history were allowed to remain on the bench?

2. In the 2023 referendum, 60.06 per cent of Australians rejected the Albanese government’s proposal to amend the constitution to provide for a First Nations voice to parliament. Discuss with reference to the Commonwealth Electoral Act 1918 what legislative amendments are necessary to publicly disclose the names of No voters should the same proposal go to referendum again.

3.The South Australian Hindmarsh Island Bridge case (“Secret Women’s Business”) was a longstanding and controversial legal battle throughout the 1990s and early 2000s over claims the development would compromise the fertility of Ngarrindjeri women. The developers alleged the women had fabricated that claim. Why do settlers refuse to recognise that truth-telling is inherent in First Nations culture?

4. James is a law student at Macquarie University. He tells Associate Professor/Aunty Natalia, a Gadigal lecturer, that he is here to learn law and “not be repeatedly subjected to this ‘always was always will be’ and ‘sovereignty never ceded’ crap”. What section of the Racial Discrimination Act 1975 has James breached and how much compensation should be awarded to Natalia?

5. Bartholomew, a proud Dharawal trans-man, and Omolara, a Nigerian lesbian and asylum-seeker, sue each other for breach of contract. Who should the judge find for?

6. “Given the British illegally invaded Australia and given that First Nations sovereignty was unceded, it follows that all colonial laws, regulations and instruments are invalid, except for the Macquarie University Academic Staff Enterprise Agreement 2023.” Discuss.

7. Women comprise eight per cent of Australia’s prison population. Provide additional examples of structural misogyny in the criminal justice system.

8. You are a solicitor specialising in criminal law. Tom has been charged by police with assaulting Pamela, his former partner. He wants to contest the matter and for you to represent him at hearing, saying he has evidence the allegation is malicious. Detail how you would convince Tom to believe women and to reconsider his plea.

9. During the COVID-19 outbreak in Victoria, Premier Daniel Andrews gave the green light for riot police to fire rubber pellets at citizens protesting lengthy lockdowns and vaccination directives. In retrospect, were even stronger laws needed to contain these illegal uprisings and help Dan to continue saving the lives of Victorians?

10. “Judicial notice” is a legal term for a court’s accepting without formal proof a self-evident assertion. What claims would you like to see included in that category?

a) Climate science is settled

b) All masculinity is toxic masculinity

c) Every claim in Bruce Pascoe’s book Dark Emu

d) All of the above

11. One of your fellow students, Max, tells you privately that he is frustrated with the approach of lecturers, saying he instead wants to be taught “black letter law”. What other racist expressions have you heard on campus?

12. “Trumpian disinformation is a threat to the rule of law. If the 1967 referendum were held today, the proposals would not have been carried, and First Nations peoples would still be non-citizens classified under the Flora and Fauna Act.” Discuss.

13. You volunteer to be a mentor and are assigned first-year law students Barry, Rocky, and Gary. Outline how you will use your experiences to guide the three young women.

14. In Alice Springs, young and self-motivated First Nations peoples are reacquiring connection with land, driven by their desire for self-determination and economic empowerment. Why then do police insist on using the pejorative term “home invasions” for this behaviour?

15. Incorporating lengthy and incessant acknowledgements of country into day-to-day work will transform law practices for the better. Discuss with reference to six-minute billing increments.

16. Mahmoud, a Palestinian activist, studies sociology at Macquarie University. He intends launching his illuminating and lucid book of poetry, An Ode to Cleansing the Middle East of Israelis, on campus. With reference to the Work Health and Safety Act 2011, specify the university’s statutory obligations to ensure Zionist disruptors do not encroach upon Mahmoud’s safe space.

** According to The Mocker, who can never be taken seriously.