Notes on Rupture
It’s almost invisible,
a cleaving as slight
as the stitch
between one second
and the next.
Highly Commended in the SULS Writing Competition 2021
By Grace Roodenrys (LLB III)
It’s almost invisible,
a cleaving as slight
as the stitch
between one second
and the next.
See how a world
can stop
and start again,
how it can fall out of time
like a sentence
rearranging its tense.
Picture a butterfly
lifting off a branch.
The moment
before it rises,
when it prepares
to lift away from itself
like a dream
leaves a person
in the instant before
falling asleep.
Strange, hypnagogic:
as if in that
broken second
its silver-green wings
are neither
moving nor still.
See how
it splits from
one world
and lifts off the branch
in another,
how the freeze-frame
ruptures the loop.
The Manor
The shards of sun that could pierce through the clouds illuminated a red plain. The wind was starting to pick up – by nightfall it would be roaring – but otherwise the place was deathly still. A lone wallaby stared at a shape fixed in the middle of the plain. A gargantuan shape, green and black. A house, a manor of some sort that had long since been deserted. It had more than decayed.
Highly Commended in the SULS Writing Competition 2021
By William Pyke (JD 2)
The shards of sun that could pierce through the clouds illuminated a red plain. The wind was starting to pick up – by nightfall it would be roaring – but otherwise the place was deathly still. A lone wallaby stared at a shape fixed in the middle of the plain. A gargantuan shape, green and black. A house, a manor of some sort that had long since been deserted. It had more than decayed. The house looked as though the next gust of wind would blow it over. The glass windows were shattered or missing entirely. The inside of the front door was burnt black as coal, and some shutters hung by a single nail, creaking as they swayed in the dusk. One might have been mistaken for believing the house to be haunted, but there was no denying that in its heyday it must have been worth millions. Such fine observations were largely undiscernible for the wallaby, who, after a moment of staring at the Manor, resumed her scavenge and trailed lightly away. But the Manor went nowhere.
As the sun disappeared entirely behind the clouds, it began. Dust started falling from the hulking frame. The nap had been long enough, it was time to wake up. Lights sharpened into focus and voices became audible. The decay was long gone, the glory restored. Once darkness fell, it was time to start the party.
‘Otto Mantell!’
The voice came sharply to his ears, and Otto knew at once who it belonged to. He turned and saw Seamus Myers practically sprinting towards him. Any chance Otto had to wonder how he had gotten so distracted was already gone. Myers was now so close that Otto could see the throbbing vein in his freckly forehead. This was a tell-tale sign that Seamus was not happy, but Otto didn’t need any reminding of that.
‘Is there a reason the lamb roast hasn’t been delivered to Doctor Ramsay?’ Seamus asked.
‘N-no, Seamus,’ Otto replied. ‘I must have gotten dis—’
‘Distracted?’ Seamus finished, pulling Otto’s face inches from his own. Otto swore that from this distance, he could almost see the forehead vein throbbing.
‘Yes, sir,’ Otto darted his eyes downward.
‘I might have guessed,’ Seamus threw Otto backwards and, quick as a flash, had a silver platter in his hands.
‘It wouldn’t be the first time, would it?’ He handed the platter to Otto, his movements delicate now. Otto shrugged.
Finnegan was about to continue before being interrupted by the chefs, furious about the cheesecakes. Otto didn’t want to waste his opportunity to get out of the kitchens. With a hop he clambered through the double doors and into the parlour.
The music hit him at once. Live jazz. Somewhere in the dining room. His heart skipped a beat. Otto felt his eyes water involuntarily as they often did now when he heard jazz. He had to see the band. Perhaps just one song…
No time to get distracted, he told himself. Find Doctor Ramsay. Then jazz.
But the search for Doctor Ramsay proved harder than he would ever have guessed. He wasn’t in the mess hall, nor games room, and he wasn’t to be found in the library either. A group of men roared with laughter and boasted of hunts gone by, drunk and smoking. Smoking. Perhaps Ramsay preferred to smoke alone? And where better to do that than outside?
Otto skipped as quickly as he could down the stairs. He had been working here for too long than to wonder what Seamus Myers would do if guests complained about cold food. Truth be told, Otto had hated this job from the moment he had started it. Four long years had passed since Joey had sailed for New York. In his heart, Otto had always known that Joey was too bright a spark for Perth. When a talent agent had offered to sail Joey to the big apple to pursue jazz, it seemed only right that he had taken it. But Otto would not stay at home for long after him. Not with those deadbeat parents. Not with the belt every night. Not while he could start a new life overseas with his brother. And so he had run away and wound up in the service of Myers’ Services. The pay was dismal, the living conditions atrocious. But Otto wasn’t far off from his goal now. One last night, and he was gone. First to Sydney, and then to Joey. To the city that never sleeps to hear the saxophone that played in his dreams.
Besides, Otto thought to himself, I’ve seen some pretty nice houses on the road. He smiled at the thought, striding outside past the carriages. The horses bristled in the night breeze. This place is pretty incredible… He took in the green mansion. The Kettle Estate. As mysterious as it was beautiful. Long had it stood here, a diamond in the rough. He sighed and continued towards a lone figure he had seen, smoking by the end of the carriages.
‘Doctor Ramsay?’ Otto asked.
‘Yes, thank you,’ the man replied, taking the platter.
‘Here,’ he offered Otto some money.
‘Thank you so much, Doctor Ramsay,’ he beamed.
‘Call me Mitchell,’ he replied. Otto had never been asked by a guest to call them by their first name before.
‘Thank you, Mitchell,’ he replied. He turned to go, but something stopped him.
‘Would you not prefer to eat with the others?’
Otto had no idea why he asked the question, and instantly felt like an idiot for asking it. There was a long pause.
‘I used to sail when I was young. My Father and I. The night sky… Helps me think.’
Otto smiled and nodded but wasn’t sure whether the stranger could see him. After a moment he walked back towards the Manor. He wasn’t entirely sure why, but Otto felt the need to turn around and tell Doctor Ramsay about Joey sailing to America.
Otto turned with a smile on his face that soon vanished. The Doctor was gone. The wind had picked up out of nowhere, whistling in the night. Otto felt the hairs on the back of his neck stand up. He started once more back to the house, his head bowed. Behind him, carriages stood with empty horse harnesses. Otto burst back into the house and found the ball room utterly empty.
What on earth? Otto asked himself.
Suddenly it felt as though he was moving through thick mud. He wanted to move faster but an unseen terror was holding him back, preventing him from discovering what scene was afoot here. Somewhere, far away, the jazz band continued to play, the haunting melody echoing throughout the seemingly empty house. It soothed Otto and for a moment he thought he even heard Joey’s saxophone.
Joey. Do it for Joey.
With a newfound courage, Otto determined to march to where this had all started, the kitchens. His footsteps bounding loudly on the polished floor. A sense of foreboding grew stronger with every step that Otto took, but somewhere deep within he knew he had to pass through those double doors and see what lay beyond. He pushed them open with what felt like Herculean strength.
The kitchen was empty. Only one sound could be heard, a whistling kettle. Or was it? Otto crept forward to find the source of this whistling that only grew louder. His stomach dropped to the floor when he realised it wasn’t a kettle at all.
The boiler – dead ahead – was almost shaking itself off its hinges. A dial on it pointed firmly into the red.
‘Don’t ever let it get in the red, or else we’re all dead.’
It was Seamus who said these words on Otto’s orientation, but Otto who spoke them now. With a sad smile, Otto walked to the window and glanced outside. The sun was beginning to rise on a beautiful red plane. A diamond in the rough.
Outside, a Father and Son passed by in a Holden X-Trail, a red trail in their wake. If they had looked at that very moment, they might have seen Otto, smiling sadly back at them. But such fine observations were largely undiscernible for the pair, who, after a fleeting glance at the old burnt down building, drove on.
I tried to write a poem about time moving onwards
she’s a toothy trap, a thug and thief
a flowing river, dying reef
a coin, some cash, some promised note
all that she is, the Writers wrote
2nd place in the SULS Writing Competition 2021
By Ariana Haghighi (LLB 1)
she’s a toothy trap[1], a thug and thief[2]
a flowing river[3], dying reef[4]
a coin[5], some cash[6], some promised note[7]
all that she is, the Writers wrote
hungry fire burns through the night[8]
the tailor sews a dress now tight[9]
some Writers hate, some Writers dote
all that she is, the Writers wrote
why should I begin to try?
when it’s been done by those on high?
her ticking hands and face their muse
there is no art style left to choose
the writer’s job is harder now
through tended garden they must plough
with every moment that i waste
the Poets move, they’re making haste
they’ve built a gallery, her enshrined
I stand in empty space. Behind.
why do no images come to mind?
pen hits the table, thoughts resigned.
Him, Her and Them: Including everyone in the conversation
To me, onward means progress, embracing change and new ideas. But onwards also means reflecting on the past. Over the past few years, we have seen a substantial growth in awareness of non-binary gender-diverse people, and a drive for inclusivity. As a burgeoning law student, I wonder how the legal profession, as an advocate for both reform as well as protecting our values, will navigate a post-pandemic world where our personal and collective identities are rapidly shifting in new directions.
1st place in the SULS Writing Competition 2021
By Dominic O’Sullivan (JD 1)
To me, onward means progress, embracing change and new ideas. But onwards also means reflecting on the past. Over the past few years, we have seen a substantial growth in awareness of non-binary gender-diverse people, and a drive for inclusivity. As a burgeoning law student, I wonder how the legal profession, as an advocate for both reform as well as protecting our values, will navigate a post-pandemic world where our personal and collective identities are rapidly shifting in new directions.
In February this year, at the start of my Juris Doctor degree, one of the first texts I was made aware of, and undertook to read, was the Australian Guide to Legal Citation (AGLC) (4th Edition). As I was skimming through the pages, one rule stuck out to me. It was Rule 1.9.3, titled Inclusive Language. It is extracted here:
Gender-inclusive language should generally be used. It is preferable to use ‘they’ (and derivative forms ‘their’ and ‘them’) as neutral singular pronouns. It is also acceptable to use ‘he or she’, ‘she or he’ or any derivative form (e.g., ‘his or hers’ and ‘her or him’).
Authors should avoid terms such as ‘the reasonable man’, ‘spokesman’ and ‘mankind’. Neutral terms such as ‘the reasonable person’, ‘spokesperson’ and ‘humankind’ should be substituted.
It may be appropriate to retain gender-specific language where this accurately conveys the intended meaning in the relevant context (e.g., A plaintiff may be liable in negligence to her own foetus while driving)[1].
I resonated with r 1.9.3 as I came across it at a time where dialogue concerning non-binary gender identities was becoming more frequent. While I recognise many Indigenous and Non-Western societies have long recognised genders outside of the binary[2], Western culture has for many hundreds of years imposed a binary gender division between men and women. This was up until recently, when suddenly, public figures were coming out as non-binary. People began featuring pronouns on their social media profiles. All-gender toilets were becoming more common place. I found myself discussing gender and identity with my close friends. There seemed to be a swift and resilient push for recognition and inclusivity of gender-diverse people.
R 1.9.3 is an example of this drive for inclusivity. The rule encourages those engaged in legal writing to use language that is inclusive of gender-diverse people. An easy way to do this is, as explained in r 1.9.3, is to use ‘they’ as opposed to ‘he or she’. Another example includes saying ‘Good evening folks’ instead of ‘Good evening ladies and gentlemen’[3].
The 4th edition of the AGLC was published in 2018 and reflects the increased awareness of gender-diverse people at the time. The first paragraph was a subtle re-writing of its predecessor, Rule 1.11 in the 3rd Edition of the AGLC, which was published in 2010. The original paragraph in r 1.11 is extracted below:
Gender-inclusive language should be used. The words ‘he’, ‘his’ and ‘him’ should not be employed as the supposedly neutral third-person singular. It is acceptable to use ‘he or she’, ‘she or he’ or any derivative from (‘his’ ‘her’ and ‘him’). It is also acceptable to use ‘they’ (and derivatives ‘their and them’) as neutral singular pronouns[4].
You can see that the editors rewrote the rule to emphasise that using they/them/theirs is not only an appropriate alternative to saying ‘he or she’ as a neutral third-person singular pronoun, but is actually the preferred option.
The editors also removed the statement about using male pronouns as a neutral singular pronoun. I suspect this is because it is so obvious that it need not be said. We are all familiar with this custom in older texts, including many older cases we must read in Law school. Undoubtedly, such practices exclude women and non-male identities and re-enforce patriarchal notions.
To me, r 1.9.3 demonstrates that the AGLC editors recognise that not only is it vital to ensure
women aren’t excluded by the language we use in law, but also that non-binary gender-diverse people are not either.
The pandemic has continued, if not accelerated, our growing awareness and acceptance of non-binary gender identities[5]. It has forced many of us into situations we didn’t necessarily plan to be in and to spend more time alone and inside our dwellings than we have ever previously. A positive side effect of this is that we are then allowed the space and time for introspective and self-reflective dialogue. These meditative conversations can be a helpful antidote to the anxiety created by the pandemic. We can harness the fear and uncertainties in the world aggravated by the pandemic to confront the complexity of our own person and challenge our ingrained and unyielding perceptions of self.
I have always identified as a cisgender man, and up until the pandemic, I had never questioned my gender identity. It wasn’t easy for me to come to terms with the reality that, for much of my life, I have often felt uncomfortable with my gender identity. As a result, I have experienced years of shame and self-hatred because of my inability, despite my earnest desires, to comply with the social expectations placed on to me dictating how I should behave, who I should be, what should bring me joy. Recognising this was, and is still, incredibly healing.
There are countless ways society continues to exclude gender-diverse people and impose binary gender norms. Look at gender reveal parties for example[6]. Categories in major film and music award ceremonies are still binary[7], as are sporting competitions such as the Olympics[8]. The other day I found gift cards at a store, one marketed ‘For Her’ which was redeemable at make-up, shoes, and clothing stores, and one ‘For Him’ which was for use at hardware, sports, and electrical stores.
Because of the way binary gender stereotypes are imposed by society, it can lead to bizarre rejections of behaviour that falls outside of them. For example, one time, when I was about 12, I was mocked for putting on lipstick, when in fact I was simply putting on lip balm for my chapped lips (in fairness, it was pink and strawberry scented). More recently, a child asked me why I had piercings in my ears, because ‘Boys don’t have ear rings!’.
As a cisgender person, I find our societies constant imposing of binary gender norms exhausting. I can only imagine how non-binary gender-diverse people find it.
This is not to say that we should throw out the window everything we know about gender and identity necessarily. It is almost important to reflect on the values and beliefs of the past. However, as we become more accepting of the diverse arrays of gender identities, we must be open to collective and personal changes to be more inclusive.
As current and future legal professionals, it is important we ensure we are at the forefront of this movement by challenging ingrained customs and beliefs within legal and educational institutions that not only exclude gender-diverse people but constrain all of us. Being more conscious with the language we use, in our writing and how we speak to others, is a simple and effective way to be inclusive of people of all identities, including non-binary, trans and other gender-diverse people, including people still grasping and understanding their identity. This is particularly so considering misgendering has a real and significant impact on non-binary and trans people’s health and wellbeing[9].
Inclusive language is important across all fields, but I would argue it is of even greater importance in the legal profession. We learn early on in law school about the Rule of Law, an important part of which is ensuring the law is accessible to all and it is applied consistently among different groups of people[10]. How then, can this be achieved if the language used by lawyers, legislatures, judges, and the like, deliberately excludes groups of people? This is why r 1.9.3 is so important.
Much like society’s inclusion and acceptance of gender-diverse people, there is much progress to be made in coming to terms with my own identity. But where once I was terrified of embracing my true self and of not conforming to binary gender expectations, I am now excited by the multiple facets of my personality, and I welcome the ambiguities and uncertainties of my person. What is certain, and which I find comfort in, is that as we collectively move onwards, we can and will become more open to the diverse identities of human beings.
[1] Melbourne University Law Review Association Inc and Melbourne Journal of International Law Inc, Australian Guide to Legal Citation, (Melbourne University Law Review Association Inc and Melbourne Journal of International Law Inc., 4th ed 2018), 28.
[2] Meghan Werft and Erica Sanchez, ‘Male, Female, And Muxes: Places Where A Third Gender Is Accepted’, Global Citizen (Article, 28 June 2016) <https://www.globalcitizen.org/en/content/third-gender-gay-rights-equality/#:~:text=For%20many%20cultures%2C%20however%2C%20the,%E2%80%9Cthird%20gender%E2%80%9D%20for%20centuries>.
[3] Victorian Government, ‘LGBTIQ+ Inclusive Language Guide’, Vic.Gov.Au (Web Page, 3 August 2021) <https://www.vic.gov.au/inclusive-language-guide>.
[4] Melbourne University Law Review Association Inc and Melbourne Journal of International Law Inc, Australian Guide to Legal Citation, (Melbourne University Law Review Association Inc and Melbourne Journal of International Law Inc., 3rd ed, 2010), 25.
[5] Nick Levine, ‘Lockdown Helped Me Recognise My Gender Identity’, VICE (Article, 14th September 2020) < https://www.vice.com/en/article/5dz8zb/lockdown-helped-me-recognise-my-gender-identity>.
[6] Rebecca Schiller, ‘Why the mother who started gender-reveal parties rejects them’, The Guardian (online, 20th October 2019), < https://www.theguardian.com/lifeandstyle/2019/oct/20/why-the-mother-who-started-gender-reveal-parties-regrets-them>.
[7] Stephen Daw, ‘Is it time to retire gendered categories from music awards?’, Billboard (Web article, 25th March 2021), < https://www.billboard.com/articles/news/pride/9545464/awards-shows-gendered-categories>.
[8] Joan Niesen, ‘Quinn: the Olympics first out trans medalist aims for Gold with Canada’, The Guardian (online, 4th August 2021), < https://www.theguardian.com/sport/2021/aug/04/quinn-the-olympics-first-out-trans-medalist-aims-for-gold-with-canada>.
[9] Sabra L. Katz-Wise, ‘Misgendering: What it is and why it matters’, Havard Health Publishing (Blog post, 23rd July 2021), < https://www.health.harvard.edu/blog/misgendering-what-it-is-and-why-it-matters-202107232553>.
[10] Jeffrey Jowell, ‘The Rule of Law and its Underlying Values’, in Jowell and Oliver, The Changing Constitution (Oxford University Press, 6th ed, 2007), 11 - 12.