2015 JD Guide - Monash Law Students` Society

2015 monash lss
jd guide
LIVE
LEARN
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contents
ACKNOWLEDGEMENTS
EDITOR-IN-CHIEF ADDRESS
DIRECTOR OF THE LSS JD ADDRESS
DIRECTOR OF THE JD PROGRAM ADDRES
THE JD GUIDE COMMITTEE 2015
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PEER MENTORING & PROFESSIONAL MENTORING
JUST LEADERSHIP PROGRAM
MINDFULNESS PHONE APPS
JD COMPETITIONS
MONASH LAW REVIEW
MONASH AMBASSADOR PROGRAM
VOLUNTEERING - FLAP & JUSTICE CONNECT
FULL TIME WORK, PART TIME STUDY
SOCIALS
YOUR MENTAL HEALTH MATTERS
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LEARN
COURT VISITS
TIPS ON RESEARCH ESSAYS
LSS REVISION TUTRIALS
PRACTICAL SUBJECTS
KNOW YOUR ELECTIVES
PLAGIARISM & COLLUSION
TEXTBOOKS: WHERE TO GET THEM
INTERNATIONAL EXCHANGE PROGRAMS
STUDY ABROAD: IN MALAYSIA OR PRATO
STUDY ABROAD: DUAL JD WASHINGTON, OXFORD PATHWAY
STUDENT AND FACULTY MANAGED INTERNSHIPS
LIV: YOUNG LAWYERS DIVISION
SERVICES AVAILABLE TO JD STUDENTS
FEE-HELP – WHAT IS IT?
CALCULATING MONASH JD FULL-FEE TUITION FEES
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ADMISSION TO PRACTICE AS AN AUSTRALIAN LAWYER
LIV CLERKSHIP GUIDELINES
CLERKSHIPS
BENEFITS OF CLERKING AT A TOP TIER FIRM
THINGS TO KEEP IN MIND DURING THE SEAONAL CLERKSHIP PROCESS
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THE GRADUATE LIFE
LIFE AS A GRADUATE
TOP 10 TIPS FOR GRADUATE SUCCESS
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PRACTICE
FIRST YEAR AS A LAWYER
DISPUTE RESOLUTION
BANKING AND FINANCE
INTELLECTUAL PROPERTY
CONSTRUCTION LAW
ENERGY AND RESOURCES
MERGERS AND ACQUISITIONS
LABOUR, EMPLOYMENT AND WORKPLACE SAFETY
PUBLIC LAW
NATIVE TITLE
INSOLVENCY AND RESTRUCTURING
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PERSPECTIVES FROM THE BAR
CRIMINAL
COMMERCIAL
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BEYOND LEGAL BOUNDARIES:
KELLY O’DWYER MP
DEPARTMENT OF HEALTH
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The LSS JD Por olio would like to acknowledge and thank the Legal Industry representa ves, Monash University staff,
the Law Faculty, LSS Commi ee Members and students (current and past) who contributed to the Guide. We would
also like to thank Seagull Press for con nuing to provide excellent service.
Leeor Adar
Jason Bailey
Patrick Beguely
Annabelle Davis
Thomas Greaves
Marco Paole
Jee Wee Ong
Derek Huang
Yagana Naseer
JD G
T
Editor in Chief
Editor
Editor
Editor
Editor
Editor
Designer | Photographer
Headshot Photographer
Educa on Assistant
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We would also like to thank our sponsors, without whom this publica on would not be realised.
Pla num
King & Wood Mallesons
Allens
Corrs Chambers & Westgarth
Ashurst
Silver
K&L Gates
Maddocks
Hall & Wilcox
Disclaimer
This publica on was prepared by the Monash Law Student’s Society and reflects the views of the commi ee and is not reflec ve of
the faculty or any legal body. Students may rely on this handbook as a guide and should endeavour to resolve any further enquiries
through faculty resources and independent research.
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“My aim is to keep this pubilcaon with all students in mind.”
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Leeor Adar
Educa on Coordinator 2015
We are now in the 4th year of the JD Guide, and I am very
excited to present to you this streamlined edi on that
seeks to both enlighten students and encourage them to
explore their op ons during their law studies at Monash.
My aim has been to keep this publica on with all students in mind, and to ensure that it con nues to be
freely distributed, and that the launch night con nues to
provide students with free access to our sponsors.
This year’s publica on will con nue with the theme of
‘Live, Learn, Law’, which was adopted in the 2014 Guide
and hopefully con nue to resonate with us in years to
come. This theme has now become synonymous with
what ‘the Guide’, as it is affec onately known, represents. The experiences that are open to us at Monash,
and the chances to explore the world and the law, and
the subsequent possibili es that come upon gradua on
no ma er what your calling.
We hope that you enjoy perusing through the Guide that
has been carefully constructed for you by my team, and
our designer Jee Wee Ong. I am very thankful for the
people I’ve had the opportunity to work with; I know I
am surrounded by a talented team of editors and writers, and supported by the insights provided by Jessica
Jane who has served as an advisor for this undertaking as
the previous Educa on Coordinator.
I would also like to thank our sponsoring firms for their
con nued support of Monash and the Juris Doctor Portfolio of the Monash Law Students’ Society. Without their
support we would not be able to provide you with this
wonderful Guide or Launch Night.
Thank you for taking the me to read our publica on,
and good luck with your law-related adventures!
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LSS JD A
Jessica Jane
Monash LSS JD Director
It is my pleasure to welcome you to the 2015 JD Guide.
Now in its 4th year of publica on and 3rd year in printing, I am proud to announce the annual LSS JD Guide as
a rapidly growing ini a ve and one that I am confident
will con nue to succeed in future years.
The Monash Law Students’ Society aims to promote the
enhancement of students’ experience in law school.
Here in the JD, our dedicated commi ee members work
hard to deliver excep onal services to our students. We
provide networking opportuni es, revision tutorials,
mindfulness exercises, careers advice, and that is just to
name a few. Our JD commi ee currently consists of eight
por olios. This includes administra on, finance, educaon, careers, compe ons, mentoring, ac vi es, and
student right and equity. We are commi ed to growth
and constantly seek ways to improve the experience of
JD students during their me here at Monash University.
The JD Guide is a tool for students wri en by their fellow
peers. It highlights the opportuni es that law school offers you and also informs students of the ac vi es they
can par cipate in externally from university. The ar cles
are edited by students, who share the understanding on
how perplexing law school can be. This year, the Guide
has taken a holis c approach to inform students on the
opportuni es available to them during and upon comple on of their degrees. The recurring theme of Live,
Learn, and Law again aims to represent the three major
aspects of every law students’ lives.
On behalf of the Monash Law Student’s Society and all
the students benefi ng from this publica on, I would
like to thank and congratulate the 2015 team who have
contributed reless efforts into pu ng this publica on
together. In par cular, my gra tude goes to Leeor Adar
all the students benefi ng from this publica on, I would
like to thank and congratulate the 2015 team who have
contributed reless efforts into pu ng this publica on
together. In par cular, my gra tude goes to Leeor Adar
and her subcommi ee members for their brilliant endeavour.
I would also like to thank the faculty at Monash Law
Chambers for their con nuing support towards the
Monash LSS. We appreciate their collabora on and look
forward to con nue our partnership in future years.
Lastly, I would like to thank our firm sponsors and Seagull
Press, for without their generous contribu on and support this Guide would not have been possible.
Welcome to Monash Law School, and I wish you the best
of luck with your current and future endeavours.
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Associate Professor Dr Gaye Lansdell
Monash JD Director
We are delighted that you have chosen the Monash
University Juris Doctor (JD) for your law-related studies. Although the Law school is young in global terms it
has been placed in the top 20 in the QS World University rankings in 2014 which is one of Monash’s greatest
achievements. I am sure you are already aware that you
are joining a world-class academic ins tu on and we
look forward to welcoming you.
The JD is a truly a thriving program. In recent years the
program has grown and re-invented itself – our premises are being con nually updated, we have added to our
ongoing educa onal opportuni es including links and
pathways into interna onal law schools at Cambridge
and Oxford Universi es and more recently Kings College London. The JD LSS (Law Students Society) is always
leading the way in new ini a ves and this year – they
roll out their first online blog/magazine for JD students
run by JD students called In Chambers. You, as students
will be invited to submit ar cles rela ng to the law, study
and topics of interest.
I would like to take this opportunity to reinforce some
of the benefits that you have when undertaking the
Monash JD so that you are aware of these and your experience in the program can be enhanced. These include
the fact that we have small seminar group teaching with
a diverse student body; interac ve learning environments where you are encouraged to par cipate and be
involved; a fantas c CBD loca on where you can organise
to visit to courts, tribunals, and have the chance to meet
and learn from exis ng Barristers and Solicitors as well as
renowned academic experts. There are also interna onal study opportuni es available at Monash University
interna onal campuses in Malaysia and Prato, Italy; the
chance to travel away and undertake student exchanges
are also interna onal study opportuni es available at
Monash University interna onal campuses in Malaysia
and Prato, Italy; the chance to travel away and undertake
student exchanges through Monash Abroad, and, the
chance to work in a community legal centre (CLC) providing advice and assistance to members of the public.
For those of you in your first trimester of the JD, some of
these op ons such as volunteering in the Monash – Oakleigh legal clinic or travelling on interna onal exchanges
may seem a long way off – but all of what you do between now and then are important stepping stones on
the way to becoming a lawyer, both as to the skills you
can prac ce and develop and the confidence and knowledge that you gain.
If I have any advice to give you about your journey
through the JD it is: to ques on widely, be ac vely involved and choose to be the best you can. Try not to slot
yourself into what you perceive the ideal career – go out
of your comfort zone, challenge yourself. Try to be open
to other op ons and take up opportuni es when they
present themselves to be involved from client interviewing moo ng and nego a on compe ons, to par cipating in LSS JD events, a ending seminars on diverse and
wide-ranging topics, working on the Monash Law Review
as a member of the Editorial Commi ee, becoming involved in the mentoring program, becoming an LSS tutor, etc.
I wish each and every one of you the very best of luck
in your studies and I look forward to mee ng you in due
course. Above all, remember our theme for 2015: live,
learn, law. Our mission as a Law School is to provide the
means for you to learn the law – it is up to you live the
dream.
Remember you can change the world – and you can start
that quest here!!!
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Leeor Adar
Editor-in-Chief
Marco Paole
Editor
Thomas Greaves
Editor
Jessica Jane
LSS JD Director
Patrick Beguely
Editor
Annabelle Davis
Editor
Jason Bailey
Editor
Yagana Naseer
Educa on Assistant
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Over the last few years, the JD Por olio of the Law Students’ Society (LSS) Por olio has run the successful Peer
Mentor Program every trimester. This ini a ve was
formed for the benefit of first year students who could
apply as mentees. They are paired with second and third
year JD students who take up the role of mentor to their
juniors, guiding them with their studies and building
strong friendships along the way.
Each year, there is greater demand and the program
does its best to offer as many places to students as praccable. So far, we have received an overwhelming degree of posi ve feedback and as a result, the commi ee
decided to launch an addi onal program known as the
Professional Mentoring Program.
Eligibility
Eligibility
Mentees
You must be in your first year of the Juris Doctor degree
Mentee
You must be in your second or third year of the Juris Doctor degree
Mentors
You must be in your second or third year of the Juris Doctor degree
The program specifically caters for the needs of second
and third year Juris Doctor students who will soon be
applying for all sorts of opportuni es whether they are
clerkships, legal work or exchange programs. You will be
paired up with a mentor who is currently working in the
legal field: barristers, solicitors, judges and other professionals. The program involves shadowing your mentor
and keeping in contact during the trimester that you are
registered.
make
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You’ve
’ve worked hard. You have ambitions.
You want to make your presence felt
Ashurst is a premier global law firm, with premium clients, premium work
and outstanding people.
Working at Ashurst will allow you to encounter a wide range of challenges, to
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A truly international firm where you can make your presence felt.
Find out more
Justine Lewis
HR Consultant – Graduate Programs
T 61 3 9679 3594
justine.lewis@ashurst.com
Level 26, 181 William Street,
Melbourne VIC 3000 Australia
T 61 3 9679 3000
F 61 3 9679 3111
www.ashurst.com/graduates
Connect with us on
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Jessica Jane | Monash JD LSS Director
The 2015 ‘Just Leadership Program’ is an ini a ve from
the Social Jus ce & Equity Por olio of the Monash
LSS. In its fi h year, the program seeks to build from
the strengths of previous years by providing two key
opportuni es for students selected to par cipate.
First, the program allows students the opportunity to
affiliate with, learn from and listen to key individuals
from various legal backgrounds and organisa ons that
are closely associated with important social jus ce issues. Bound by a legal focus, par cipants are invited
to engage with guests and organisa ons that are innova ve, prac ce ethical leadership and promote social
jus ce within the community. From this exposure, students will be able to take a social jus ce perspec ve
with them into their legal careers. Topics include the
rights and laws concerning asylum seekers, refugees,
children, women, disabled people, Indigenous Australians, the queer community, and homeless people.
Notable individual speakers in previous years have include
the Honourable Michael Kirby AC CMG, Chief Jus ce of
the Supreme Court of Victoria and Lieutenant Governor
of Victoria, Marilyn Warren AC, QC, Judge Paul Grant SC,
A orney-General Robert Clark, former A orney-General
Rob Hulls and human rights advocate Julian Burnside, QC.
Second, par cipa on in the program involves a specific leadership focus. Central to this is the no on of
effec ve change at a community level, which stems
from awareness and exposure to unfamiliar ideas
and concerns. Introductory and concluding seminars will be focused on key leadership quali es closely associated with social jus ce and equity themes.
Hence, the leadership aspects of the program are designed to further equip and develop students to become strong leaders in their fields into the future.
Students selected for the nine-week program will be required to complete two projects. First, individuals will be
grouped with others to produce a substan al legal piece
concerning a ma er of personal interest. Previously, the
Victorian Law Reform Commission, Clayton’s Law and
Lot’s Wife have published par cipants’ works. Second,
individuals will be required to create and maintain a poli cal dialogue with local MP members. Both projects
present an opportunity for students to further broaden
their skill base whilst pursuing and addressing social jusce interests.
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Students will be selected on the basis of their work experience, extra-curricular ac vi es, career objec ves,
interests, and academic performance. Students of all
year levels may apply, and both undergraduate and Juris
Doctor students are encouraged to apply.
For closing and opening dates of applica ons, please do
not hesitate to contact justleadership@monashlss.com
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Given that our a achment to our mobile phones has given rise to many ar cles and studies on its detriment, it’s
hard to imagine how it can be useful for assis ng with
our mental health.
Some clever apps are designed to do just that: keep you
mindful and reduce some stress. Here are a couple of
apps that we rate:
Headspace
This app is free to download, and Emma Watson has fully
endorsed it calling it “genius”.
How it works:
The free Take 10 programme is designed so that you
learn the basics of medita on. As its name suggests, it
will take you through ten-minute medita ons.
What you get:
Aside from the 10-minute medita ons, you get a progress page which tracks how you go, reminders that will
keep you on track and rewards for regular use.
Mindfulness Daily
This app is pre y magic. The app will guide you through
daily mindfulness exercises, and you get to choose how
long they go for.
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How it works:
You get three op ons:
Lifelog: a journal entry system that helps you track how
you’re feeling physically and emo onally
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Pause: 18 second exercise of breathing that the app will
take you through to regain mindfulness if it’s lost during
the day
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Prac ce: A huge range of guided mindfulness prac ces
including an extended 16 minute body scan, breathing,
and the prac ce of ‘kindness’ (and so much more)
What you get:
A comprehensive mindfulness tool that not only documents your daily experiences, it takes you through guided mindful exercises.
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JD C
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Jessica Jane
Addi ons by Patrick Beguely & Leeor Adar
The Compe
dents are:
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•
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ons that will take place this year for JD stu-
The JD Client Interviews
The Moot Skills Series
The pres gious JD Moot, and
The Paper Presenta on
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Nego a on Compe
on
In its premiere year in 2015, the nego a on compe on
will be a fantas c opportunity for students to hone their
nego a ng skills which are useful in a range of legal sectors. Nego a on as an alterna ve form of dispute resolu on is becoming more prevalent in the legal world.
Members of the legal profession, including barristers, solicitors and academics, will adjudicate the compe on.
The compe on is expected to be held in May 2015.
Moot Skills Series
The Client Interview Compe
on
The most appealing aspect of the compe on is that
it involves no specific legal knowledge, yet it gives students early prac cal exposure on how to communicate
effec vely with a client at the crucial first mee ng, an
invaluable and highly sought a er skill for any client-orientated business which students may not receive in their
first years as a lawyer.
The JD Client Interview compe on requires compe tors to form a team of two. These two compe tors are
‘the solicitors’. The solicitors have the task of interviewing an unknown ‘client’. The client has a legal problem
(compe tors don’t know what it is or anything about it).
It is the compe tors’ job to ascertain the facts and legal
issues surrounding the client’s legal problem. The compe on is judged by barristers, academics and lawyers,
giving compe tors the opportunity to network whilst
compe ng.
The JD Client Interview compe on took place over
week 4 and 5 of Trimester 1, and due to its overwhelming success and posi ve feedback from legal professionals and students it is likely to run in 2016.
The Moot Skills series offers students the opportunity
to learn about moo ng through both instruc onal seminars and prac cal moo ng exercises. Barristers and former moo ng grand finalists will conduct three sessions,
which will take place during Trimester Two and last 1.5
to 2 hours. The first two seminars will teach students the
core skills required in moo ng. Then, in the final seminar
students will compete in a mini moot. The series is only
open to 2015 LSS members.
The JD Moot
The JD Moot is the most pres gious Compe on of the
Monash LSS Juris Doctor por olio, a rac ng many students. It is an invaluable learning experience for students
interested in advocacy and personal development, who
wish to broaden their legal skills, and network with a
range of prominent legal professionals along the way.
In 2013 we were honoured to have Professor George
Hampel QC, Judge Felicity Hampel of the County Court,
Chief Jus ce Diana Bryant of the Family Court and Jusce Shane Marshall of the Federal Court preside over
the Grand Final of the JD Moot.
Teams consist of two or three law students - two students act as barristers (Senior and Junior Counsel) and
an op onal third student can act as the instruc ng solicitor. Once a team receives the legal problem they must
research their legal arguments and possible opposi on
arguments, and prepare a legal Memorandum of Argument. Counsel will then deliver oral submissions for 20
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minutes each before a judge. To test the factual and legal
knowledge of students, judges will ask ques ons during
and pertaining to their arguments. The problems will be
based on subjects undertaken during the first year of the
JD.
The JD Moot consists of one moot round held at Chambers each week from week 1 to 4 of Trimester 3. Monash
JD law students from all year levels are encouraged to
enter when registra on opens. The compe on is exclusive to valid 2015 LSS members.
The Paper Presenta on Compe
on
The Paper Presenta on compe on gives JD students
the opportunity to win a prize for a high scoring paper
they have wri en in 2015. Students are required to submit a paper that received a mark of 70% and over. Papers
will be marked fairly and with consistent objec vity by
an independent and experienced academic in accordance with par cular scoring criteria. The top 3 scoring
writers will then be required to present a short speech
about their paper before a Grand Final judging panel. A
5 minute me allowance will be given for ques ons from
the panel following the speech.
The Paper Presenta on compe on will be held in August 2015. It will be combined with LLB, poten ally making it the largest compe on of the year! Monash JD law
students from all year levels are encouraged to enter
when registra on opens. The compe on is exclusive to
valid 2015 LSS members.
Please email jd.compe ons@monashlss.com if you
have any further enquiries.
JD Client Interview Winners: Back L-R Desiree Chong and Stephanie McCulloch with judges in front
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Jason Bailey | Monash and American University Law Review
Promo ng yourself as a law review editor will inevitably enhance any clerkship or employment applica on in
the legal profession. It shows poten al employers that
you possess superior legal research, wri ng and citaon skills. Working behind the scenes of a law review,
however, is not always glamorous. It some mes involves
sleepless nights, stressful decisions and tense conversaons about the content and direc on of someone else’s
academic work. I recently rediscovered this in my current capacity on the Editorial Commi ee of the Monash
University Law Review in addi on to my role over the
past year as Technical Editor of the American University
Business Law Review in Washington, D.C.
do we spend a lot of me together working, but also we
never forget to have fun and celebrate our successes.
As a law review editor, you have the tedious job and bear
the ul mate responsibility of ensuring precise grammar and proper legal support for every asser on made
in above-the-line text as well as the accuracy of every
footnote within published ar cles. It requires a painfully
acute a en on to detail, an understanding of countless
types of sources and the flexibility to comprehend and
edit ar cles that span infinite subject ma ers.
The editorial commi ee is made up of students invited
by the faculty in recogni on of their excellent results, as
well as other high achieving LLB and JD students who
have applied directly. Students may apply by emailing
the Editors at law.review@monash.edu with a cover
le er outlining their mo va on and suitability for a role
with the Review. They should also a ach their CV and an
unofficial academic transcript. As a general guide, applicants should have a Dis nc on average in law.
While serving on a law review’s editorial board can
require an immense amount of work, it has been extremely rewarding to me for many reasons. First, I get
to read and edit ar cles from some of the world’s greatest minds in their respec ve fields while becoming educated about topics that are on the forefront of the legal
profession. This allows me to become well versed in a
variety of fields of law in which I may eventually want to
prac ce. Second, the experience has greatly elevated my
a en on to detail and comprehensive understanding of
academic wri ng and legal cita on in general. Because
of my work, I feel comfortable edi ng and providing sugges ons and construc ve cri cism on any piece of legal
wri ng, whether a prac oner, barrister or faculty member writes it. Third, I have developed priceless rela onships with my fellow editors and staff members. Not only
For anyone considering joining the staff or editorial commi ee of a legal publica on — go for it! At mes you may
feel overwhelmed with work, but seeing your contribuons in a journal’s final issue is tremendously rewarding.
The friendships you make and the resume-booster the
posi on provides are just the icing on top. It will be a
decision for which you (and your future employer) will
greatly appreciate.
How to Apply and Selec on Process
When Does Recruitment Take Place?
Recruitment takes place around January/February, and it
is best to email applica ons from November/December
onwards.
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Jessica Jane | Monash JD Director
What is it?
The Monash University Law Ambassador program aims
to enhance and preserve the rela onship between the
university, students, and the external community. Students are involved with various ac vi es around university, like par cipa ng in Open Day. More exci ngly, ambassadors develop and manage projects that benefit the
university and community collec vely.
My Involvement
A er a random alloca on, I was placed in a group of four
students. Being the only JD student in the program at the
me, my main mo va on was to work on a project that
benefits all law students (both undergraduate and postgraduate). The teams had freedom to design any project
they see fit. My team decided to host a speed-networking event, tled ‘Snapchats’. Humourous, I admit (we
also made sure that we weren’t in breach of any copyright by pu ng an extra le er at the end of the word!)
On the day of the event, we set up tables of 10, with
approximately eight students and two legal professionals
on each table. There are three seven-minutes ‘rota ons’,
where the legal professionals would rotate to a different table a er each ‘rota on’, so to provide students on
each table exposure to professionals from different pracce areas.
Our feedback from both students and professionals were
overwhelmingly posi ve. Par cipa ng students have
told us that the event was incredibly beneficial. Many
developed professional connec ons from the event, including myself.
Overall, the Monash Ambassador Program was an excellent experience. It helped me develop so er skills such
as project management, teamwork, business development, etc. Most importantly, it allowed me to expand my
networks in the university and in the legal profession. If
that doesn’t en ce you to get involved I don’t know what
will!
If you are keen to be involved, applica ons for 2015 intake were unfortunately in April, so keep your eyes open
for the 2016 intake.
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Patrick Beguely
Family Law Assistance Program (FLAP)
Thomas Greaves | Current Monash JD Student
Volunteering at FLAP
Volunteering at Jus ce Connect
There is nothing in law school that can simulate an interview with a client who lives in the real world with
real problems. In order to understand the human body
in a func onal se ng, medical students must undertake
copious hours of interning. In order to understand the
law in its natural se ng, outside of the ar ficial exams
with their important facts and red herrings, law students
should volunteer.
Whilst law school has provided me with a theore cal understanding of our jus ce system, it wasn’t un l I took
the plunge and volunteered at Jus ce Connect that I was
able to glimpse the inner cogs of the machine at work.
Overseeing the front desk, you are the first port of call
for many clients, and as such you learn how to listen
with sympathy and empathy, all the while analysing the
conversa on to get to the core of their problem. Many
of the clients are facing trying mes, and while this can
be confron ng at first, it offers an invaluable insight into
the stark reality of the legal system away from the classroom.
On your first day in the interview room you may take
solace in the fact that you will not be conduc ng the
interview. You will be observing. Once this ini a ng trial has been completed, however, it is me to conduct
your own interviews with new or returning clients. You
may feel callow and raw your first me, however this is
expected on the shi ing grounds of prac cal educa on.
The result will inevitably be the development of a stricter
legal thinking method with a more percep ve acumen
for how one gathers facts in an interview, and then how
those facts can subsequently be rendered to formulate a
legal argument to be used in court. Once the ini al facts
have been ascertained, you will liaise with the solicitor,
who will give you the requisite advice to help the client.
When you are not interviewing, you will be dra ing
memoranda and various court documents. Imagine the
look on your future employer’s face when you tell them
that you not only know what an affidavit is, but that you
can dra one form scratch as well!
How to apply:
Students must email mols-volunteer@monash.edu.au
to apply to be on the wai ng list.
Recruitment is conducted on a needs basis, when FLAP
requires more volunteers it will email all volunteers on
the list (every two to three months).
The first ten to respond who are capable of coming to
one of the two orienta on days will be hired.
out an email asking all interested students to reapply
My me at Jus ce Connect has also afforded me the opportunity to interact with, and offer administra ve assistance to the various departments that cons tute the
organisa on. Working in such close quarters, you are exposed to a network of professionals involved in human
rights to homeless law, providing not only an introducon to these areas, but an avenue to discuss them further. More importantly, the staff understands what it is
like to be a fledgling law student and generously impart
their wealth of knowledge and experience in thanks for
your contribu on.
Over your next few years me may indeed be in short
supply, but I would urge you regardless to consider volunteering in one of the many programs available. If not
for the abundant benefits listed above, then for the opportunity to give back to the community you may one
day be working in.
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Annabelle Davis | Current Monash JD Student
Studying law had been a part of the plan since high
school – the idea of being paid to argue all day long was
pre y appealing. However, going into my final year of the
Bachelor of Commerce I was impa ent to get my teeth
into some real work. I accepted a graduate posi on and
decided to wait and see where it took me.
S ll keen to study law a er 18 months of work, I decided I wasn’t prepared to face another three years as a
full me student. Prac cally, a full me income is a nice
change to Youth Allowance, and I enjoy my job too much
to give it up.
My work in business consul ng regularly intersects
with the law. This includes providing probity advice to
Government on a range of procurements, which can
be fascina ng for a law student. For example, having a
front row seat to contract nego a ons on major infrastructure PPPs makes studying Contracts much more
engaging. Having a prac cal applica on for my studies
and understanding the ‘real world’ context of the theory
is invaluable, along with making contacts in the industry
and being exposed to areas of law I wouldn’t normally
consider as a student.
Accep ng that I would be very busy and would need to
make sacrifices was the first step to signing up to the JD.
It does require self-discipline and my organisa onal skills
have been magnified: parts of my weekends are dedicated to ge ng through my law work, but I can always
make me to maintain a social life, exercise and cook a
decent meal so that I don’t need to give into the temptaon to live off takeaway.
Not all jobs would be conducive to also adding part me
study - I am fortunate that I can manage my consul ng
workload and manage to get to class on me. To juggle
full me work with study it’s important to talk to your
employer openly about the me commitment, and be
honest about what other obliga ons it may impact, but
the payoff makes it worthwhile.
S
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The Ac vi es Por olio of the LSS has also organised
some social events in 2015, with more to come. These
events are designed not only to relieve stress, but to provide the opportunity to foster rela onships with friends
who you may not have me to see outside class. Please
contact jd.ac vi es@monashlss.com for more informaon and if you’d like to help out the team!
JD Lawn Bowls
An event held in early summer where students are able
to socialize and take turns at lawn bowls leisurely in the
sun.
JD Cocktail Night 2015
Hos ng its second year in 2015, its aim is to hold an elegant evening for students, perfect especially for those
who have work in addi on to study commitments. Separate to the LSS Annual Law ball, the JD Cocktail Night
targets more JD students than undergraduates, nevertheless everyone is welcome! Tickets are made available
in Trimester 2 with an an cipated late May event date.
LSS Annual Law Ball
Enjoyed by both the LLB and JD students, the annual Law
Ball hosted by the LSS remains one of the most pres gious social events of the year. Tickets are sold at both
Clayton campus and in Chambers, and will be available
later this year.
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Leeor Adar | JD Guide Editor-in-Chief
Originally featured in Survive Law
I found myself at a party one evening speaking to a
friend’s dad who is a barrister. I told him of my interests
and explained that someone recommended I go for the
bar as soon as I was able to do so.
He looked at me carefully, and told me the story of how
it’s customary that upon the death of a barrister a no ce
is published about their life, and their cause of death. He
then went on to tell me that a no ce appeared one day
in the hallway about a barrister’s passing. She was in her
late 20s. He then said, “but there was no explana on for
her passing”. He looked at me gravely, and I returned his
gaze with unease.
It’s well known that the legal profession is a high-risk industry for mental illness. In the 2009 Cour ng the Blues
study conducted by the Brain & Mind Research Ins tute
at the University of Sydney, 52.2% of law students, solicitors and barristers reported that they had experienced
depression, and 65.3% said that someone close to them
had experienced depression.
I could go on for pages about what causes this and what
the studies have found, but ul mately, if we are struggling, what can we do to make sure we are looking a er
ourselves?
Let’s face it - trying to be strong when you’re ba ling
mental health problems is a tanic struggle. You may be
able to handle it for a while, but eventually something’s
got to give. Being publicly produc ve and privately destruc ve can only last so long.
It is impera ve that you seek help if you are experiencing symptoms associated with anxiety and depression.
If you’re unsure if this might be you, visit beyondblue’s
Anxiety and Depression Checklist. This online scale possibly saved my law school friend’s life: upon seeing the
results, my friend admi ed the problem to their family
and sought help. They have never looked back.
Here are some useful links to informa on about law related mental health and services in Australia that can assist you towards recovery:
K-10 Check List: (Kessler Psychological Distress Scale)
http://www.beyondblue.org.au/the-facts/depression/
signs-and-symptoms/anxiety-and-depression-checklist-k10
Headspace: h p://www.headspace.org.au/
Na onal Youth Mental Health Founda on
Brilliant website run in NYC h p://www.lawyerswithdepression.com/
Seek Professional Help
15 Ways to Become The Happy Lawyer h p://www.mycase.com/blog/2014/08/15-ways-become-happy-lawyer-meant/
Whether you seek counseling or psychiatric assistance,
having someone to talk to about what’s going on in your
life and the stressors that are catalysing these issues is
extremely beneficial.
‘Cour ng the Blues’ paper: file:///C:/Users/recep on/
Downloads/Cour ng_the_blues.pdf
learn
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Marco Paole
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| Current Monash JD Student
Why Make a Court Visit?
Monash JD students have the advantage of being less
than five minutes’ walk from most of the Victorian court
system. Every law student should make at least one
court visit before gradua on. It does not ma er that
you intend to have a career as a solicitor or in academia,
or even outside the profession: everyone benefits from
seeing law in ac on, not just aspiring barristers. Most of
us brace ourselves for a dull me when visi ng court for
the first me: but I am yet to meet someone who did not
learn from the experience, or did not get a funny anecdote out of it. You can o en expect to get both.
The mind can only take so many abstrac ons. Evidence
and civil procedure require you to learn masses of legisla on and court rules in the middle of your degree, and
much of it may change by the me you graduate. Court
visits are a way to make these subjects come alive, and
to help you appreciate their las ng value beyond this or
that procedural detail. It makes you appreciate that what
may seem like some of the driest parts of your studies
are o en the most vivid and exci ng aspects of a legal
career.
Which Court?
Every court has its own appeal to visi ng students. The
Supreme Court has the widest jurisdic on, and is the
best place to view criminal trials and major appeals
cases. The Magistrates Court is par cularly worthwhile
for anyone studying criminal law, and the County Court
offers the best insight into the day-to-day li ga on that
keeps the profession flourishing. For those with a special
interest in federal commercial law, industrial disputes
or intellectual property, the Federal Court is invaluable.
While you are there, it is also worth seeing a special leave
appeal in the Melbourne branch of the High Court. Visiting another court invariably means seeing one fragment
of a case. In the High Court, as barristers will o en say,
you can see the whole case presented in less than half an
hour as the judges decide whether to grant special leave
for a hearing in Canberra. It is a singular opportunity to
see a case in full overview, rather than only a part of it
in detail.
Court E que e
Students must ensure they turn their mobile phones off
in the courtroom, as the signal may interfere with recording devices. If you must keep your phone on during
a court visit, it is common courtesy to keep it on silent
mode.
It is also common prac ce that spectators bows at the
door when entering and leaving the courtroom.
The Cases
If you are interested in seeing a par cular court case, the
daily list is the best place to start your search. Otherwise,
you can ask the court officers about the ma ers being
heard that day.
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Research essays are an integral component of any law
degree. All core units are equipped with a 30% compulsory assignment while elec ves o en elect essays
for their final assessment. Essay proficiency cannot be
taught and only comes with constant prac ce. Therefore, it is best to start early. Students develop individual
techniques on how to tackle research essays, so the advice below should only be used as a star ng point. Best
of luck in your essay!
Before we get started, there are some web pages worth
bookmarking:
1 The Library Homepage
www.monash.edu/library
2 The Law Library Guide
www.guides.lib.monash.edu/law
Cases, Journals and Other Secondary Sources
* Access CaseBase for LexisNexis AU
* Access FirstPoint for Westlaw AU
3 Catalogue of Legal Database
www.monash.edu/library/databases/law.html
Notes: this will be useful to seek alterna ve database
when looking for interna onal material.
Tips:
* Canadian: BestCase, Lexis and Westlaw
* United Kingdom: Jus s, Westlaw, Lexis and Casetrack
* United States: Hein Online, LegalTrac, Westlaw, and
Lexis
4 Catalogue of Electronic Journals
Via library homepage (refer to one) à click on hyperlink
‘A-Z ejournals’
Notes: this will be useful where students have found an
ar cle, but unable to retrieve the PDF copy.
Tips:
* For the link to be fully func onal, students must have
the journal name, the year of publica on, and the journal name
5 Catalogue of Legal Abbrevia ons www.guides.lib.
monash.edu/legal-abbrevia ons
Notes: This page is useful during bibliography preparaon and referencing.
Tip: this link should be used where students are unable
to iden fy an abbrevia on in a legal cita on.
RESEARCH ESSAYS – ATTACK PLAN
1 Analyse your task – what is it your teacher actually expects of you?
2 Dissect your assignment – what do you have to say about
the topic?
3 Find Resources – visit the above listed online resources
or your Library Node
4 Organise your research - plan your essay into a logical
framework
5 Wri ng – body paragraphs first and then conclusion?
Choose your style
6 Proof-reading and edi ng – read aloud – always helps if
you can’t read your work anymore
7 Get extra help- make an appointment with Claire Kaylock
at claire.kaylock@monash.edu
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Marcus Paole
LSS JD Tutor
T
| Current Monash JD Student
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Principles of Torts
Principles of Property
Advanced Property
About the Tutorials
Being a Tutor
Law school lecturers must teach masses of cases, legislaon and doctrine. Monash is very good at consolida ng
the seminar’s work with prac ce ques ons: but during
trimester, there is only so much me for this. Once the
academic staff have finished teaching the substan ve
law and SWOTVAC comes around, it is useful to then get
the student tutors’ perspec ve.
Not only do they recap the prescribed material (a big
help in itself); they approach it in a different but complementary way to the lecturers. They know what it is like,
because they did the same thing one or two terms ago.
They invariably have precious advice to give on answering ques ons in your subject. This is a great supplement
to the trimester-long teaching by lecturers, whose primary concern must be to teach the material before they
can tell you how to use it in the exam.
In my experience of LSS tutorials (and in my own efforts
at running a tutorial), student tutors understand how to
make their two-hour slot as useful as possible for everyone in the room. For students who have struggled with
the unit, it is invaluable for summarising the material
and calming nerves. For those on top of the material, it
is a great opportunity to fill gaps in knowledge. And for
both kinds of student, there can never be enough exam
ps from students who have been through it already.
Tutorials have been provided consistently for:
•
Principles of Criminal Law
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Principles of Evidence
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Principles of Equity
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Principles of Trusts
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Principles of Cons tu onal Law
Seasonal tutorials are o en run in other subjects, and
are expected to expand in coming terms. These include:
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Principles of Contract Law A
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Principles of Contract Law B
Any student with an HD mark in a core unit should consider applying for an LSS tutorial posi on. It takes some
prepara on to do it properly, but the tutorial itself lasts
only two hours and is well worth the effort. I was immensely relieved when it became clear that a endees
were finding my tutorial instruc ve. Relief was quickly
followed by sa sfac on at helping out fellow students.
The tutor also gets something out of it, beyond a paycheque. It is not just a gig for students thinking of academia. So far from being a distrac on from your own
studies during Swotvac, it is a great way to get you into
exam-wri ng mode. Also, impar ng knowledge is the
best way to consolidate it in your own mind. It can be
frustra ng to learn so much about an area of the law
and then abandon it once the trimester is over. Tutorials
are a great way to relearn material from past trimesters.
You will probably remember it for much longer, and perhaps make be er use of it a er gradua on. Don’t forget
the Monash University mo o: Ancora Imparo. I am s ll
learning.
Future
Focussed
Press play on a forward thinking career choice
• High performance culture
• Competitive team spirit
• Drive and passion to be #1
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Monash University offers a number of hands on elec ve
that students can enjoy to enhance their law degree.
Most of these subjects allow students to learn how to
apply themselves in real life situa ons without any requirement for a wri en exam. Interested? Then consider
the following units:
Nego a on: Essen al Skills for Dispute Resolu on
(LAW7251)
Advanced Media on Skills and Theory A & B
(LAW7547 & LAW7476)
Students will explore a coherent method of nego a on,
prac ce techniques for defusing conflict, understand
prac cal and ethical tensions commonly faced by mediators, and explore the various avenues open for alternave dispute resolu on. Professional Prac ce (worth 12
credit points)
(LAW7423)
(Accredita on provided if both subjects completed)
Media on is a process of non-adversarial dispute resolu on. Media on A and B teach conflict resolu on skills
that are increasingly required in management and business rela onships, enabling the efficient and effec ve
preven on, management and resolu on of disputes and
complaints.
The interac ve workshop has been developed to assist
students to meet part of the Na onal Media on Accredita on Standard Requirements.
Students undertake a series of simulated media ons,
working with other students or individually to achieve
their desired outcomes. Group discussion is central to
the course, allowing the class to learn from each other
and put into direct prac ce the lessons of the day.
Advocacy: Theory and Prac ce
(LAW7303)
This unit is designed to teach students the prac cal skills
behind appearing as an advocate in court. In par cular,
advocacy provides a fantas c opportunity for students
who are contempla ng prac ce at the Bar and those
who seek to work in li ga on and other dispute resolu on.
This unit is taught by the Honourable Professor George
Hampel, QC or o en by a member of the senior counsel
of the Bar. They will teach students how to cross-examine witnesses, examina on in chief and addresses. Assessment simulates a real trial in which students act as
counsel for either the prosecu on or defence.
This subject focuses on teaching students the finer art
of nego a ng an agreement to the specific interests of
their client.
This unit allows students to work at the Monash Oakleigh Legal Service, providing them with an invaluable
opportunity to develop essen al ‘lawyer’ skills. It enables students to understand the law in a prac cal se ng
as they interview, counsel, and advocate for clients
Students are then assessed on their ability to undertake
legal service work. The hands on approach of this subject at the JD level will sharpen students’ communica on
and decision-making skills considerably.
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Leeor Adar (addi ons by John Jordan)
It is important to tailor your elec ves in accordance with the area of law that interests you most
to provides a pathway to working in your chosen field. Below is a list of elec ves compiled in
accordance with an area of law. The aim of the list below is provide you with not just specifically
important elec ves, but elec ves that compliment the area of prac ce you wish you to pursue.
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Unit Name
LAW7493 - Advanced Evidence and Proof in Li ga on
LAW7467 - Advanced Torts
LAW7339 - Arbitra on of Interna onal Commercial Disputes
LAW7442 - Banking Law
LAW7540 - (The) Chinese Legal System: A Compara ve Analysis
LAW7474 - Collabora ve Prac ce
LAW7056 - Compe on Law
LAW7258 - Consumer Protec on: Regula on and Compliance
LAW7011 - Copyright
LAW7304 - Corporate and White Collar Crime
LAW7430 - Corporate Finance Law
LAW7306 - Corporate Governance and Directors’ Du es
LAW7031 - Corporate Insolvency
LAW7263 - Corporate Law
LAW7276 – Principles of Taxa on
LAW7037 – Occupa onal Health and Safety
LAW7427 – Interna onal Investment Law
LAW7332 – Principles of Construc on Law
LAW7323 – Interna onal Banking and Finance: Law and Prac ce
LAW7221 – Technology Contracts and Licensing Law
LAW7496 – Workplace Inves ga ons and Misconduct
LAW7083 – Principles of Employee Rela ons
LAW7487 – Private Interna onal Law in Commercial Disputes
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LAW7304 - Corporate and white collar crime
LAW7306 - Corporate governance and director’s du es
LAW7031 - Corporate insolvency
LAW7263 - Corporate Law
LAW7430 - Corporate Finance Law
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LAW7303 - Advocacy: Theory and prac ce
LAW7286 - Interna onal criminal jus ce
LAW7304 - Corporate and white collar crime
LAW7497 – Vic ms, Law and Mass Atrocity
LAW7207 – Psychiatry, Psychology and the Law
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LAW7475 – Advanced Media on: Skills and Theory A and B
LAW7303 – Advocacy: Theory and Prac ce
LAW7251 – Nego a on: Essen al Skills for Dispute Resolu on
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LAW7496 - Workplace Inves ga ons and Misconduct
LAW7435 - Workplace Bargaining and Agreements Law
LAW7441 - Law of Workforce Management
LAW7083 - Law of Employee Rela ons
LAW7279 - Electronic Workplace Law
LAW7327 - Discrimina on Law and Human Rights at Work
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LAW7068 - Interna onal Environmental Law
LAW7434 - The Law of Climate Change
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LAW7472 - Principles of Family Law
LAW7485 - Managing High Conflict Personali es in Legal Disputes
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LAW7490 – Regula ng Business: Enforcement and Compliance
LAW7317 – Regulatory Performance: Evalua ng what works
LAW7313 – Founda ons of Regula on: Policy, Principles and Prac ce
LAW7315 – Regulatory Methods
LAW7498 – Principles of Government Law and Administra on
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LAW7481 - Children’s rights in interna onal law
LAW7327 - Discrimina on law and human rights at work
LAW7418 - Human rights advocacy: Australian law and prac ce
LAW7253 - Human rights in the global economy
LAW7260 - Indigenous rights and interna onal law
LAW7218 - Interna onal humanitarian law
LAW7425 - Interna onal refugee law and human rights
LAW7026 - Overview of interna onal human rights law
LAW7330 - Protec ng the rights of minori es, marginalized and vulnerable people
LAW7497 - Vic ms, Law and Mass Atrocity
LAW7463 – Interna onal Covenant on Civil and Poli cal Rights
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LAW7140 – Defama on Law
LAW7495 – Interna onal Entertainment Law
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LAW7223 - Intellectual Property*
LAW7011 - Copyright
LAW7466 - Interpreta on and validity of patent specifica ons
LAW7224 - Trade Mark Prac ce
LAW7075 - Trade Marks and Commercial Designa ons
LAW7119 - Protec ng Commercial Innova on: Patents and Trademarks
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LAW7436 - Arbitra on of Interna onal Commercial Disputes
LAW7438 - Globaliza on and Interna onal Economic Law
LAW7253 - Human Rights in the Global Economy
LAW7286 - Interna onal Criminal Jus ce
LAW7463 - Interna onal Covenant on civil and poli cal rights
LAW7260 - Indigenous Rights and Interna onal Law
LAW7323 - Interna onal Banking and Finance: Law and Prac ce
LAW7495 - Interna onal Entertainment Law
LAW7068 - Interna onal Environmental Law
LAW7218 - Interna onal Humanitarian Law
LAW7427 - Interna onal Investment Law
LAW7425 - Interna onal Refugee Law and Human Rights
LAW7028 - Interna onal Trade Law
LAW7019 – European Union Law and Policy
LAW7540 – (The) Chinese Legal System: A Compara ve Analysis
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LAW7492 - Health Law
LAW7037 - Occupa onal Health and Safety
LAW7467 – Advanced Torts
LAW7140 – Defama on Law
LAW7076 – Principles of Privacy and Freedom of Informa on
LAW7494 – Advanced Evidence and Proof in Li ga on
LAW7083 – Principles of Employee Rela ons
LAW7472 – Principles of Family Law
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LAW7450 - Personal Property Securi es
LAW7472 – Principles of Family Law
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FURTHER INFORMATION
For more subjects, visit: www.law.monash.edu.au/future-students/postgraduate/units-overview.html.
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What is Plagiarism and Collusion?
Plagiarism is the use of another person’s work, ideas or
style of expression as one’s own without proper a ribuon to the original author. This applies to material from
any source, whether published or unpublished.
Collusion is the unauthorised collabora on with another
person or persons, students and otherwise, in producing
oral, wri en or prac cal assessment which is then presented as the student’s own work.
Examples of plagiarism:
Direct transfer of another’s work without appropriate
reference
Paraphrasing of another’s work without appropriate reference
Inaccurate referencing
Copying another student’s work
Reproducing lecture/tutorial notes without appropriate
reference
Reproducing your own work previously submi ed for
assessment
These are serious university disciplinary offences that
may affect your admission to legal prac ce.
If the Chief Examiner is sa sfied that the plagiarism is
likely to have been inten onal rather than reckless, the
Chief Examiner must inform the student and the student is provided an opportunity to respond to the claim,
which may be done by calling the student to a mee ng.
The student may bring a support person with him/her.
The student should be informed of the possible penales under University Statute 4.1 - Discipline.
The Chief Examiner must decide whether the breach
was inten onal and reckless. If it is found that the breach
was uninten onal or reckless, the only offence the student has commi ed is an academic error of failing to
reference a source correctly, and will be dealt with accordingly.
If student fails to respond to the allega ons or if his/her
response does not sa sfy the Chief Examiner that the
breach was uninten onal or reckless, the Chief Examiner will report the ma er to the Associate Dean of the
teaching faculty and provide evidence of the suspected
breach. The Associate Dean may deal with the ma er
or refer it to a faculty discipline panel to hear and determine.
Students should be aware that any allega ons of plagiarism are retained on the plagiarism register for the duraon of enrolment, and records may be accessed should
subsequent allega ons arise.
How is Plagiarism and Collusion Detected?
Effect on Admission to Prac ce
Monash University’s plagiarism policy is commi ed towards detec ng plagiarism, including the use of plagiarism detec on so ware, as well as other compara ve
methods.
What happens if you are suspected of plagiarism or
collusion?
A staff member will alert a suspected student to the allega ons and will iden fy the passages of concern and
their source. The ma er will also be reported to the
Chief Examiner.
If the Chief Examiner is sa sfied that the plagiarism is
likely to have been inten onal rather than reckless, the
Chief Examiner must inform the student and the student is provided an opportunity to respond to the claim,
which may be done by calling the student to a mee ng.
Candidates for admission to legal prac ce must demonstrate that they are fit and suitable persons to prac ce.
Any involvement in a disciplinary ac on is a suitability
ma er, which must be disclosed by the candidate under
his/her duty of disclosure:
A report from the university disclosing any disciplinary
ac on taken against the student during the course must
be provided to the Board of Examiners.
An affidavit must be submi ed sta ng that the applicant
has made full wri en disclosure of every ma er that a
reasonable applicant would consider the Board of Examiners might regard as not being favourable to the applicant.
These ma ers will be considered by the Board of Examiners in assessing a candidate’s admission to prac ce.
WANT REAL
INSIGHT?
WWW.CORRS.COM.AU/TIPS
University won’t last forever. Soon, you’ll be embarking on a legal career
full of new and wonderful experiences as well as the occasional curve ball.
You need to be prepared. So, visit our dedicated graduate website to see our top
10 tips designed to help you get the most out of your early years as a lawyer.
To learn more, visit corrs.com.au/tips
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Note: students should always consult their Reading Guide prior to a textbook search. Ensuring you have
the right tle, author, edi on number, and/or publisher will make your search more efficient.
Legibook Co-Opera ve
Student VIP
www.law.monash.edu.au/current-students/resources/
purchase-legal-books.html
www.studentvip.com.au/textbooks
Legibook, operated by the Monash University Co-Opera ve, is the official university legal bookstore, located in
the Faculty of Law Basement (Room G21) at the Clayton
Campus. Students who sign up to be members are eligible for discounts on their purchases.
Postgraduate law students located at Chambers can order the books via phone, fax or email and pay over the
phone. These books can be delivered to Law Chambers
at no cost. Orders received before 1pm on a business day
are usually delivered to the Chambers the next morning. Alterna vely, Legibook also offers a postal service to
your home or business address (at an addi onal cost for
postage and handling).
Student VIP (textbook) is one of the largest pla orm for
second hand book sales. The Australian wide service
provides op ons for students to either buy or sell their
books to students all across Australia. Students can either meet up to sell/ pick up their books or post them
Australia wide.
Upon sign up, the website registers your details including your university and course details. It ensures that you
could firstly be matched with students from the same
university before when searching for books, before it resorts to other universi es.
Monash LSS Bookstore
www.monashlss.com/educa on/bookstore
Details
Ph: (03) 9544 3669
F: (03) 9902 0348
E: legibook.reply@monash.edu
Monash Marketplace
My.monash.edu – Monash Marketplace (listed on the
le side column)
Accessible through my.monash.edu, Monash Marketplace is another avenue from which you could browse
for textbooks. While this pla orm specifically targets
Monash university students, it does not filter the books
listed, which means you may be crowded by books relevant to other facul es as well as law.
In 2013, the Monash LSS was proud to announce the
launch of its electronic Book Store for registered members. Like the other portals aforemen oned, this allows
students to either buy or list used textbooks. This avenue further restricts the audience further as it targets
specifically Monash Law students, rather than the en re
university popula on.
This online bookstore is imbedded within the LSS website under the ‘Educa on’ tab.
Other Places
• Lawshop.com.au
• LIV Bookstore
• Library
• Your Friends
36
I
E
P
Other than studying at one of Monash’s abroad
campuses, there are opportuni es available to
students to travel and par cipate in internaonal exchange programs at some of Monash’s
partner universi es.
Germany
Ludwig Maximilans-Universitat Munich
JD students can apply to study at universies that are listed as exchange partners with
Monash. However, all courses must be at a
postgraduate level and students are required
to complete 72 credit points worth of units before applying to study overseas.
Denmark
Students may wish to consider going to countries with common law jurisdic ons (such as
the US, Canada, UK and Singapore) as the legal
systems of these countries are similar to Australia’s.
Each university and country have set entry and
visa requirements. Please visit Monash Study
Abroad website for more details: monash.edu/
study-abroad/
In order to save you me, we have complied
a selec on of universi es available to JD students.
Canada
Charlton University
University of Waterloo
Osgoode Hall Law School (York University)
Unites States
North Carolina State University
University of Buffalo
Babson College
United Kingdom
Kings College London
University of Bradford
University of Essex
Singapore
Na onal University of Singapore
University of Copenhagen
Norway
University of Bergen
Japan
Hitotsubashi University
Korea
Korea University
Israel
Tel Aviv University
Netherlands
Leiden University
Utrecht University
Botswana
University of Botswana
To see more available universi es, see the full list
of Monash partnerships see: monash.edu/studyabroad/outbound/exchange/partners/
(note: not all universi es listed on the website are
available to JD students)
the
proocks
and
ally I
lorring
avelnd.
37
The Prato Experience
Zina Teoh
S
M
A
P
I
At Monash University, law students have the exci ng
opportunity to study overseas for part of their degree
when par cipa ng in intensive law programs offered in
Prato, Italy or Kuala Lumpur, Malaysia. While subjects
are taught in English, students are able to immerse
themselves in a foreign culture, and approach their law
studies from an interna onal perspec ve. Interna onal
exchange programs are also offered at some of Monash’s
other partner universi es.
Prato Program: April-June
Malaysia Program: June-August
The Prato program was the best part of the JD! The program is divided into 3 blocks and I went for the May and
June blocks in 2014. Basically I spent 8 weeks living in
Florence, going to classes during the week in Prato and
travelling almost every weekend.
Most of the classes that we could take had a mix of
Monash JD and undergrad students as well as some students from overseas universi es. The classes are held in
the Prato campus, which is a beau ful historic building –
very different from chambers! All the classes were elecves and most had some sort of interna onal element
to it. They were taken by a mix of Monash lecturers and
lecturers from overseas. The subjects were all quite interes ng and lecturers were very understanding of the
fact that most of us spent each weekend travelling.
Selec on criteria:
You should have:
an ac ve enrolment in a Monash JD Law degree
an average of at least 55% across all Law units
completed 72 credit points (12 units) prior to their study
in the program
the 72 credit points can be completed at Monash or have
been given as specified credit from another ins tu on
at the me of applica on students may be undertaking
units in Trimester 3 and enrolled in units in Trimester 1
which will count towards the 72 credit points.
a provisional place will be offered to students who have
completed 60 credit points by the end of the year prior
to their study in the programand are enrolled in a further
12 credit points in the trimester prior to their study in
the program.
Prato is about a half an hour train ride from Florence. It
is a very pre y city although it’s quiet, especially around
1-4pm when most shops close for siesta me. Most people chose to live in Florence and catch the train to Prato
for class; I stayed in the Santa Croce area in Florence,
which was a great place to live, with many tourist a racons, restaurants, bars and markets within easy walking
distance. Walking around the historic part of Florence is
like walking around an open-air museum, there are so
many statues and churches around every corner.
Applica ons:
Must be made when the applica on dates are open for
the respec ve programs. Usually this is around October
of the year before you wish to a end Prato, and around
January of the year you wish to a end Malaysia.
There are many bars in Santa Croce and Santo Spirito
areas. Lots of Italians just buy a bo le and stand and
drink in the many piazzas or on the step front of churches, which is also a really fun thing to do. I would recommend taking some drinks and snacks across the river to
Michelangelo’s lookout and watch the sunset.
Financial Assistance and Grants:
There are opportuni es for travel grants and Monash
Abroad Funding such as law mobility equity grants that
are granted on a case-by-case basis, depending on your
situa on.
You are responsible for your own accommoda on, flights
and visa (if applicable).
Some of my favourite restaurants in Florence were:
•
Del Fagioli - Corso dei Tintori 47r
•
‘O Munaciello - Via Maffia 31R
•
Zeb – Via San Miniato 2
•
Osteria Santo Spirito – Piazza Santo Spirito 16
•
All’An co Vinaio (for huge sandwiches) – Via
de’Neri 65/R
From Florence train sta on you can take trains around
the country, so weekends away are easy. The Cinque
Terre, Sienna, Bolongna, Pisa and Luca are short train
rides away and can easily be done in a day or an overnight trip. I also did weekend trips to Rome and Palermo
(Sicily) as well as some long weekend trips to Croa a and
Portugal.
38
S
A
:D
JD W
,O
P
Obtain Dual Qualifica ons with the Washington College of Law
About Washington College of Law
Monash JD Pathway to Oxford University
The Washington College of Law (WCL), founded in 1896,
has been part of American University since 1949. WCL is
a member of the Associa on of American Law Schools
and is approved by the American Bar Associa on. The
law school also meets the requirements for prepara on
for the bar in all 50 US states and carries the cer ficaon for the United States District Court for the District
of Columbia and the New York State Department of Educa on.
In celebra ng its 50th anniversary, the Monash Faculty
of Law has recently secured an agreement with Oxford
University to create a pathway for JD students seeking
a postgraduate qualifica on from another world leading
law school.
Located in the northwest edge of Washington, D.C.,
near the Maryland state line, the law school is 20 minutes from the White House and is set within the green
boundaries of a residen al neighbourhood.
To learn more about WCL, visit: www.wcl.american.edu/
history/facts
Eligibility
To be eligible to apply for the dual degree program students must have:
An ac ve enrolment in a Master of Laws (Juris Doctor)
program at Monash
Completed at least 36 credit points of a Master of Laws
(Juris Doctor), which may include currently enrolled but
incomplete units. Before commencing, students are required to have completed 48 credit points prior to commencing the WCL program.
A minimum credit average (60%)
Students enrolled on a part- me basis and who meet the
eligibility criteria may apply for the dual JD program but
must study a full- me load at WCL.
Notes:
Interna onal students who arrive Australia on an American passport are not eligible for the program.
Three places are available each year for the program.
Applica on form due in April of the wishing to commence study at WCL – program begins in September
Pathway Structure
This opportunity allows JD students to complete one
academic year of the BCL (Bachelor of Civil Law) or the
Masters in Law and Finance (MFL) degree in Oxford University. Upon comple on, they may then obtain credit of
the BCL or the Maters in Law and Finance towards their
(JD) degree at Monash University.
Eligible students will have completed at least 20 units
(including all Priestley 11 units) of the Monash JD. Their
enrolment in one academic year in the Oxford’s BCL or
MFL will give students both that qualifica on and (a
maximum of) four units’ credit to the Monash JD. In other words, with only an extra 6 months in addi on to the
tradi onal JD course structure, students may be en tled
to the JD and the BCL or MFL degrees.
Students must note that each degree program’s admission requirements apply.
Further Informa on
Further informa on can be found via: www.law.monash.
edu/current-students/jd/monash-jd-oxford-pathway.
html
For further informa on regarding admission into Oxford
please visit the Oxford University Admissions Page via:
www.ox.ac.uk/admissions/postgraduate_courses/apply/
applica on_guide/ag_1_basics.html
39
S
F
M
An internship placement is a prac cal training experience within a company, business or organisa on. Designed to complement prior learning in a par cular field,
an industry-specific internship at Monash Law School
allows individuals to apply theore cal understanding,
develop knowledge, qualifica ons and skills in their area
of exper se while working within a host company.
The Law Faculty offers a range of Faculty Managed Internships as well as suppor ng Student Organised or External Internships including an internship with Uni-Capitol Washington Internship Program (UCWIP).
The Law Faculty’s Student Mobility Fund (SMF) has been
developed to provide financial assistance to students
who have been accepted into the above Internships. For
informa on on the eligibility requirements for a SMF
grant, visit: www.law.monash.edu.au/current-students/
study-opportuni es/student-mobility-fund.html
Student Managed Internship
JD students can organise an internship that is relevant
to your law studies. In doing so, you may be eligible to
receive funding through the law faculty’s Student Mobility Fund (SMF). In order to be eligible to apply for an
SMF Grant you must first have your internship endorsed
by the Faculty and you must meet the student eligibility
criteria.
Eligibility requirements:
at the me of the internship students enrolled JD program must have completed at least one full- me equivalent year of law (48 credit points) and have achieved
a minimum dis nc on (60%) average; students enrolled
in the LLM (not including the JD) programs must have
completed at least two units (12 credit points) and have
achieved a minimum dis nc on of (60%) average.
have the ability to complete the internship without compromising law studies or examina on periods.
be available on return to commit to marke ng and promo onal ac vi es, including future use of profiles and
reports in marke ng material.
I
For details on obtaining a faculty endorsement contact
the Interna onal Programs Officer on 9905 3311 or visit
www.law.monash.edu.au/current-students/study-opportuni es/internships/student-organised/
Faculty managed internships
These are internships nego ated, adver sed and managed by the Faculty of Law and developed via a memorandum of understanding (MOU) with the organisa on
concerned. Students will be required to apply to the Faculty and meet a set of selec on criteria that has been
nego ated between the Faculty and the organisa on
involved.
The eligibility requirements are the same as stated above
for student-managed internships.
The applica on process may also involve an interview
with the Director Interna onal, Interna onal Programs
Officer and/or other appropriate members of staff.
Some faculty managed internships include:
Internship
Loca on
Timeframe
Length
Herzog, Fox & Neeman
Lawyers
Israel
Jan-Feb
4 wks
ZICOLaw
Malaysia Jun-July
4 wks
Friends of the Earth
Middle East
Israel
3 mths
Skrine
Malaysia Nov-Feb
Reprieve Australia
USA
Nov-Feb
3 mths
Castan Centre Global
Internship Program
Varies
-
-
Nov-Feb
4 wks
Each faculty managed internship listed may have further
eligibility requirements. See the link below to obtain
more informa on on their individual requirements.
Read some first-hand reports on these internships at:
www.law.monash.edu.au/current-students/study-opportuni es/internships/faculty-managed/reports/index.
html
40
Interning at the New York Consulate General
Jason Bailey | Current JD Student
It’s pre y well accepted that while university teaches
you plenty of useful theory and gets you the degree, a
huge amount of useful learning happens out in the ‘real
world’.
I spent four months as an intern in Public Diplomacy at
the New York Consulate General in New York. My work
ranged from preparing a news brief each morning covering the major US, Australian and interna onal news outlets for the Consul General, Senior Trade Commissioner
and staff, to event management.
Another key responsibility was policy research. The horrifying Sandy Hook school shoo ng occurred in my first
fortnight. US media a en on quickly turned to Australia’s gun law reform following the Port Arthur massacre,
and so I prepared a brief to help guide the Consul General’s response to enquiries.
I was involved in organising many public and private
events, hos ng poli cians, business leaders and academics. This gave me exposure to a huge range of industries from trade and investment, finance, educa on
and the arts.
I also had great exposure to the workings of the United Na ons and Austrade. Ge ng to know the staff and
working on joint events such as visits from the Foreign
Minister and Treasurer allowed me to be exposed to the
workings of the Security Council and other commi ees.
Life is New York certainly lived up to its ‘work hard, play
hard’ reputa on and taught me how to deal with big
challenges on very li le sleep, which is an essen al skill
for law students.
41
LIV Y
L
S
When you’re just star ng out, make the Law Ins tute of
Victoria (LIV) your career partner and gain access to career
planning, networking resources, the latest in legal news and
member only resources to support you as you build your
legal career.
LIV Young Lawyers Sec on (YLS) is the sec on for law students, graduates, young and lawyers within Victoria. By
joining the LIV YLS you have access to the informa on and
support you’ll need when commencing your career in law.
LIV Young Lawyers Receive
Law in Brief: A weekly e-newsle er customised to your interests. You’ll receive the latest legal sector news, informaon, member benefits and more. The last Thursday of each
month features a dedicated YLS edi on.
Young Lawyers Journal (YLJ): Published three mes per year,
the YLJ features informa ve ar cles, opinion pieces, legal
updates and career advice relevant to new and emerging
lawyers.
YL Blog: Published weekly, the Blog provides insights into
the prac ce of law, important updates and prac cal ps and
advice.
What’sOn: A weekly email informing you of all LIV educaon and events delivered every Tuesday morning. You can
link to the latest events, CPD educa on ac vi es and legal
research sessions to easily plan your professional development calendar.
Get Involved
It is free to join the Young Lawyers Sec on if you are a praconer under the age of 36; a prac oner over the age of
36 with less than six years of post-admission experience; a
Graduate, Trainee or Law Student.
We also host mul ple social and networking events
throughout the year with opportuni es to meet peers and
esteemed professionals, express your opinions on the applica on of the law and par cipate in reforms. Be published,
write for the YLJ or the YL Blog and build your professional
profile by sharing your views on current issues. Chair a LIV
CPD session to develop your public speaking skills.
Join one of the eight commi ees to expand your networks,
increase your professional skills, build your CV, plan events
and contribute to law reform.
Y
C
Ac vi es and projects of the sec on are organised by eight
commi ees. Each commi ee sets its own agenda and conducts its own ac vi es throughout the year. The eight commi ees include:
Execu ve
The Execu ve Commi ee is made up of the president, vice
president and chairs of the YLS commi ees.
Community Issues
The Community Issues Commi ee conducts valuable projects and ac vi es that provide assistance to members of
the legal profession as well as the broader community.
Editorial
Join the Editorial Commi ee and contribute your input, ideas, sugges ons and ar cles to the YLJ.
Later Lawyers Network
Are you coming to the law as a second career or over the
age of 36 with less than six years post admission experience? The Later Lawyers Network Commi ee can provide
the addi onal support and networking opportuni es to enhance your career in the law.
Law Reform
The energe c commi ee monitors and undertakes law reform projects, conducts lobbying, and coordinates discussion forums on topical issues affec ng members.
Professional Development
The Professional Development Commi ee is responsible
for delivering compe ons, semi-nars and ac vi es to help
develop the legal and professional skills of young lawyers.
Social
Join the Social Commi ee and help organise social and
networking events that bring mem-bers and the profession
together.
Regional and Suburban Young Lawyers (RSYL)
Develop networks in your local area and help bring regional
and suburban issues to the ta-ble by joining the RSYL Commi ee, which promotes the interests of new lawyers in subur-ban and regional areas across Victoria.
Commi ees provide a fantas c opportunity for young lawyers to learn new skills, develop contacts, and to get involved in projects of interest to new prac oners.
YLS members are encouraged to join one of the committees. Apart from the Execu ve Commi ee, which meets
monthly, all commi ees meet approximately every six (6)
weeks for an hour mee ng conducted at lunch me. To find
out more about our commi ees visit Get Involved.
www.livyounglawyers.asn.au . www.facebook.com/LIVYoungLawyers . www.liv.asn.au/YoungLawyersBlog . Twi er @LIVYounglawyers . @LIVPresident . @theLIJ . Linkedin.com/groups?gid=1321542
42
S
C
A
JD S
C
There is a Careers Educa on Consultant at Chambers on
the second Wednesday of each month – Level 2, Mee ng
Room 4. Get feedback on your applica on documents.
No appointments – first in, first seen: 3.30 to 5pm.
Email feedback op on also available – find email address
and instruc ons for submi ng your documents at: www.
monash.edu/careers/students-grads/feedback.html
D
L
U
What is the Disability Liaison Unit?
The Equity and Diversity Centre runs four central programs in welcoming diversity and promo ng inclusion.
Disability Support is one of these programs, alongside
Student Equity; Advancing Women at Monash; and Discrimina on, Harassment and Vic misa on support.
Careers consulta ons
The DLU aims to promote access and equity for students
and staff whose poten al to achieve is impacted by their
disability, or ongoing medical or mental health condi on.
Half hour consulta ons or interview prac ce sessions by
appointment – to make an appointment, email careers.
info@monash.edu
What Services Are Available?
Find out more at: www.monash.edu/careers/students-grads/plan-your-career/career-counselling.html
Career seminars and programs
Please note that dates, mes and other details are subject to change.
To check venues, latest updates and book in, login at
www.careergateway.monash.edu.au
You are also welcome to par cipate in ac vi es we deliver at other campuses, including a number at Clayton
campus that are tailored for law students.
The DLU provides a wealth of services as according to
students’ needs. These include:
•
Accommoda on on campus
•
Alterna ve forma ng service
•
Assis ve so ware
•
Res ng rooms
•
Auslan interpreters
•
Campus maps
•
Equipment loans
•
Exam arrangements
•
Hearing loops
•
Learning skills advisers
•
Learning support
•
Library and notetaking services
•
Peer support program
For more informa on on these and other services,
please contact the DLU.
43
How Do I Access These Services?
Students who wish to access these services must apply
through a registra on process.
Complete and submit the registra on form:
Requires comple on of the form by a qualified professional with comprehensive training and experience in
the relevant field of health/disability; or
Other original documenta on which:
Is from an independent qualified health professional
who has experience in the relevant field, such as Psychiatrist, General Prac oner, Physiotherapist etc; and
Clearly states the condi on, its impacts on your academic life, and recommenda ons for accommoda ons to address these impacts.
Arrange an appointment with a Disability Liaison Officer
(DLO):
Contact the Disability Liaison Unit to make an appointment;
Phone mee ngs can be arranged;
Students should note that the ini al mee ng may take
up to an hour. Any medical documenta on not yet provided should be submi ed at this mee ng.
A end the ini al mee ng:
The DLO will review all the informa on provided and
discuss your requirements and explore services available
which may assist you.
Provision of Services:
Services will be provided as agreed with your DLO. Students are welcome to contact the DLU to discuss their
requirements at any me.
Students should be aware that any sensi ve informa on
disclosed is kept securely within the DLU. Certain specific
informa on about you may be disclosed to other areas
of the University with your consent in order to arrange
relevant services for you. For more detail, please refer to
the DLU Privacy Statement.
Further Informa on
Registra on Form: www.monash.edu/equity-diversity/
disability/dlu-registra on-form.doc
Further Informa on Regarding Documenta on: www.
monash.edu/equity-diversity/disability/documentaon-required.html
DLU Privacy Statement: www.monash.edu/equity-diversity/disability/dlu-privacy-statement.html
Further informa on: www.monash.edu/equity-diversity/disability
DLU contact informa on:
Phone: 9905 5704
Fax: 9905 5517
44
H
W
-
U
The Health and Well-Being Unit (HUB) is commi ed
to suppor ng and promo ng health and well-being
through the provision of a range of services. The expert
staff consists of counsellors, medical prac oners, mul-faith chaplains, and student advisers, who focus on all
facets of university life affec ng health and well-being at
all stages of the student life cycle.
What services are available?
A range of services across student life is available. These
include:
•
Counselling
•
Family and childcare programs
•
Financial aid
•
Mul -faith chaplaincy
•
Interna onal student support
•
Off-campus housing advice, and
•
Referral to other services
Further Informa on: www.monash.edu.au/health-wellbeing/index.html
HUB Contact Informa on
Phone: 9905 3156
Email: hub.clayton@monash.edu.au
Address: Building 10, First floor Western Extension, Clayton campus
L
S
S
Learning Skills Seminars are useful for students who are
seeking general guidance with their studies or assignments. The seminar comprises a private one on one
session with the learning skill adviser where students
are welcome to ask any ques ons they have regarding
a specific subject or law school in general. To book an
appointment at the Law Chambers, contact Claire Kaylock at Claire.kaylock@monash.edu must apply through
a registra on process.
P
C
G
Tenielle Bulmer and Emily Wan
Current JD students
Purpose of the Group
The func on of the commi ee is to serve as a liaison
between students/staff and the Faculty of Law board. It
serves as an open forum for the exchange and discussion of views raised by students and staff regarding administra ve and educa onal issues and the provision of
student facili es. Any issues which cannot be resolved
by the group are then forwarded onto the appropriate
commi ee such as the Educa on Commi ee.
MONASH POSTRGRADUATE ASSOCIATION
What is the MPA
The Monash Postgraduate Associa on (MPA) is the representa ve body for all research and coursework postgraduates enrolled at Monash University. All enrolled
postgraduate students at Monash are automa cally entled to use its services.
What does the MPA Do?
Discipline seminars and workshops
Social events – Uluru, surfing, Phillip Island, family days
Advocacy
Provide one on one confiden al advice provided by professionals
45
T
Contact the Monash Law Chambers Advocate dedicated
to the needs of postgrads at the Law Chambers:
Janice Boey – t: 9905 8167 or e: janice.boey@monash.
edu
Visit mpa.monash.edu/advice-&-advocacy for more informa on and online advice.
E
,S
C
E
D -
Students may apply for a short extension, not exceeding
five working days of the due date, for submission of an
in-semester assessment task. This excludes class tests
and take-home exams and extensions will generally not
be granted for normal work commitments or for several
assignments being due at once.
Students should submit a Postgraduate Assessment
Short Extension Applica on Form before the due date
of the assessment item to the Chief Examiner of the relevant unit.
For a longer extension, or for an extension on a takehome examina on, students must apply for Special Considera on.
Special Considera on
Where students are unable to complete an assessment
piece or exam due to excep onal circumstances, they
may apply for Special Considera on.
Outcomes
Special considera on is not necessarily granted, and
does not result in mark adjustment. There are three possible outcomes, with the assessment result being final:
An extension to a submission date;
An alterna ve and equivalent form of assessment; and
A deferred exam.
Eligibility
If students complete the final exam or assessment task,
they will not be eligible.
Students may be eligible if the exam or assessment was
not completed to excep onal circumstances beyond
their control, including:
46
Exam Deferral
Acute illness;
Loss or bereavement;
Hardship or trauma;
Obliga ons to military, jury or emer
gency services; and
Demonstrated registra on with Monash Sport’s athlete
support program where the student is par cipa ng
in a key event.
When and how to apply
Applica ons for Special Considera on must be submitted no later than two University working days a er the
due date. Students may apply for early approval of a deferred exam up to five University working days before
the exam and will be informed by email at least 24 hours
before the exam of the decision.
If, during an exam, a student is unable to complete it due
to illness or other eligible cause, she/he must inform
one of the invigilators no later than 30 minutes before
the end of the exam and request and complete an Examina on Cancella on Request form, returning it to
the exam invigilator. The student must also apply to the
course-managing faculty within two University working
days of the student’s last scheduled exam.
All applica ons must include the relevant form with suppor ng documenta on. This documenta on can include
a medical cer ficate, le er from a social worker, lawyer
or psychologist, a death no ce, police report and other
statutory declara ons and no fica ons.
Forms for law units should be submi ed to the Student
& Academic Services office at Clayton or the Postgraduate Student Services Office at the Law Chambers.
If the student’s applica on for Special Considera on is
successful, two outcomes may be a deferred exam or alterna ve assessment task. A deferred exam is an exam
postponed to a later date. These are held in the official
deferred exam period, unless the student is otherwise
no fied.
The student will have an incomplete result un l compleon of the deferred exam or supplementary assessment,
of which the result will be final. As an incomplete result
does not sa sfy unit prerequisites, this may prevent the
student from enrolling in some units in the following semester. Contact your faculty if you are having difficulty.
Rescheduling a deferred final exam or assessment
If students are unable to complete the assessment or sit
the exam, they may be able to apply for a rescheduling,
which can be due to an on-going disability or the student’s circumstances causing the ini al deferred exam
being unresolved.
Students must apply in wri ng within two working days
of the day of the deferred assessment, provide evidence
and submit an applica on to the managing faculty.
The faculty will arrange a mee ng to consider the student’s applica on and the student may bring a support
person to that mee ng.
Unable to complete a deferred final exam or assessment
If students cannot sit their deferred final assessment due
to extreme circumstances beyond their control, they
may apply for a WI (withdrawn incomplete) grade. This
is not a passing grade, but will not be included on their
Grade Point Average or Weighted Average mark.
47
Students should apply in wri ng to their course managing faculty within four weeks of the grade being finalised and provide evidence of the extreme circumstances, which were either unforeseeable when the deferred
final assessment was granted or occurred a er it was
granted.
Students should arrange an interview with the lecturer
or tutor.
Acceptable reasons include:
Serious illness requiring hospitalisa on;
Death of an immediate family member;
Obliga ons to emergency or military service; and
Extreme circumstances of similar severity.
If a student is dissa sfied following the exam feedback
procedure, she/he should refer to the Faculty Remarking
Procedures.
Acceptable evidence includes:
Record of hospital admission;
Police reports; and
No fica on of obliga ons to emergency or military service.
A student may apply for a review of a piece of assessment on the grounds that there has been an error in
marking or in recording the mark where:
The assessment is worth more than 30% of the final
grade;
The assessment has not been second-marked; and
The feedback procedures have been followed.
The student will be no fied by the faculty of its decision.
Most forms are available on www.law.monash.edu.au/
current-students/resources/forms/index.html
Exam feedback informa on: www.law.monash.edu.au/
current-students/assessments/exam-feedback-a er-results.pdf
Faculty Remarking Procedures
Examina on Feedback
Students must apply in wri ng to the Chair of the Board
of Examiners, specifying and demonstra ng the error.
Applica ons must be lodged no later than eight weeks
a er the release of the mark. Students should note that
in all circumstances, where work is remarked because of
an error, the last mark must stand, even if it is a fail mark.
Students who believe they have been incorrectly assessed in their work should follow the below steps in
seeking an appeal:
Further details on remarking procedures: www.law.
monash.edu.au/current-students/assessments/remarking-procedures-2010.pdf
Once results are released, students should obtain a
photocopy of the relevant exam script and engage in a
process of self-evalua on with the general feedback provided.
Failing an Assessment
F
A
Students should prepare a wri en memorandum for the
relevant lecturer or tutor iden fying areas of concern.
If you have failed an assessment, exam or unit, you may
receive an early warning le er in July or August. Do not
ignore an early warning le er. You must act and take preventa ve measures to improve academic performance
and should follow the advice given in the le er.
48
M
H
S
Mental health issues are found to be propor onately
higher in law school, however unknown to some Monash
provides free mental health services. Outside the university several non-profit organisa ons can further support
students. These organisa ons are as follows:
Monash Parkville Counselling Services
The closest to Chambers is the Pharmacy college at
Parkville Campus (381 Royal Parade, Parkville, Victoria
3052) where there is have one full me counsellor.
Given its proximity to the CBD with easy tram access, it
may be that accessing the service at Parkville is the most
effec ve way for Law Chambers students to get direct
counselling.
Any Monash student, regardless of where they are enrolled, is able to use the counselling service for free at
any of the campuses which have one. In addi on to this,
Monash has arranged an a er hours free phone counselling service that any Monash student can access by
calling 1800 350 359. It operates 9am - 5pm weekdays
and right across the weekend.
Monash Clayton Counselling Services
Addi onally, services are available at Monash Clayton
Campus (Clayton campus – University Health Service,
Building 10, Campus Centre, Ground floor).
Counselling appointments can be made by phoning the
University Health Service on 9905 3175. The ini al session will be for 30 minutes. Counsellors of both genders
are available to see students. For other counselling related ma ers or ques ons you can email counselling-clayton@monash.edu
O
U
Salva on Army
The Salva on Army has a Melbourne-based counselling
service at 2/828 Sydney Road, Coburg North.
Specialist services such as gambler’s help, financial counselling, and generalist counselling are available.
Note: These services are generally only available to those
in financial difficulty, or those with a health-care card.
Also, sexual assault counselling services are available in
the Western Melbourne Area. For further informa on
call the number below and ask to speak to a Currawong
counsellor.
For further informa on or to make an appointment, call
(03) 9653 3250.
Direct Line
A 24-hour drug and alcohol phone line offering counselling and referral services.
Phone: 1800 888 236 or visit www.counsellingonline.
org.au
Lifeline
24-hour Australia wide telephone counseling service.
Phone: 13 11 14 or visit www.lifeline.org.au
Turning Point Alcohol and Drug Centre
Provides a wide range of specialist treatment and support services to people affected by alcohol and drug use.
Available: Monday to Friday, 9:30am to 5pm
Phone: (03) 8413 8413 or visit www.turningpoint.org.au
Victorian Aboriginal Health Service (indigenous-iden fying people only)
Provides free health services for Aboriginal People and
Torres Straight Islanders.
Address: 186 Nicholson Street, Fitzroy
Phone: (03) 9419 3000 or visit www.vahs.org.au
Family Drug Help (families and concerned individuals)
Service for people concerned about a rela ve or friend
using drugs.
Helpline available: Monday to Friday from 9am to 9pm
Phone: (03) 9573 1780 or freecall 1300 660 068 or visit
www.familydrughelp.org.au
49
F
H
-W
I I ?
By Emilia Maubach | Monash JD Alumni
Further Addi on by John Jordan | Monash LSS JD Equity
Representa ve
This is an informa on sheet produced by the Monash
Law Students’ Society Juris Doctor Por olio to assist full
fee paying students (domes c) in understanding the issues surrounding the FEE-HELP loan scheme.
What is FEE-HELP?
FEE-HELP is a limited loan scheme, which enables eligible students with a full fee place to defer the payment
of tui on fees. In 2015, the FEE-HELP loan is capped at
$97,728 and it is indexed annually. Once the amount of
your deferred course fees reaches this limit, any remaining fees must be paid upfront directly to Monash, and
payment cannot be deferred.
•The FEE-HELP limit is a life me limit and is not ‘topped
up’ by any repayments that you make. There is no loan
fee for postgraduate students.
Each loan scheme is separate, which means that if you
have an outstanding debt under a different loan scheme
(e.g., HECS-HELP,
SA-HELP*, OS-HELP**), it does not affect your eligibility for a FEE-HELP loan. (The excep on is VET FEE-HELP,
which is the same scheme as FEE-HELP. If you have used
it previously, your limit will be affected). The combinaon of each of these individual loan schemes is known
as your HELP debt.
HELP debts are indexed on 1 June each year in line with
the CPI, which means that if no repayments are made,
the debt increases, as does the limit for each loan
scheme.
*SA-HELP covers all or part of the Student Services and Ameni es fee or SSAF
(applica ons for deferment of SSAF payment via the SA-HELP form available to
eligible students via WES).
**OS-HELP is for CSP students undertaking full me study abroad who have at
least 0.125 EFTSL of your course of study le to complete once you have finished
your overseas study (usually one unit of study). For more informa on on eligibilty,
please see the Study Assist website.
Again, in 2015, the FEE-HELP loan is capped at $97,728,
with the total cost of the Monash JD projected as between $1,000-$5,000 in excess of the FEE-HELP loan,
depending on how many subjects were undertaken in
individual calendar years. This is because the cost of a
subject increases each calendar year, and as such, the
cost of your JD depends on how many subjects you take
in each year (e.g., a subject in 2015 costs a few hundred
dollars more than if it had been taken in 2014). Further,
a poten al consequence of this is that if you take more
subjects in your final year, or study part me and spread
your degree over an extra year, you will incur a higher
cost per subject, and your total course cost will be greater.
The gap between your FEE-HELP loan and the JD course
fee in future years remains unknown because the cost
of a subject increases each year, and the FEE-HELP loan
is indexed each year, with projected “FEE-HELP deficits”
increasing when compared to previous cohorts of JD
graduates.
For reference, if it were based on a standard course progression ending in trimester 3 2015 (see example below)
the gap would be $4,467.45.
How do I figure out what I will owe to Monash?
If your final trimester will be in 2015, then you can figure
out the amount you will have to pay upfront this year
before comple ng your JD, and find a way to plan for
this cost.
At the bo om of this informa on sheet is an example
of how to calculate your own course costs, and a blank
template for you to fill in so that you can work out your
own. You will need to look at your fee statements (available through WES) to find the tui on fee cost for each
unit and input that figure into the template, and then
do the maths.
If you are not in your final year in 2015 then you will only
be able to es mate what you may be liable for, as we do
not know the exact cost of a subject in 2016 onwards.
What is the issue?
When do I have to pay my upfront costs to Monash?
The FEE-HELP loan scheme does not cover the full cost
of the JD at Monash. To complete the JD, you will have
to pay the gap between the FEE-HELP loan and the JD
course cost. This is an upfront cost that must be paid directly to the university.
Once your FEE-HELP limit is reached and your outstanding course fees are in excess of that limit.
When you reach your FEE-HELP limit, your fee statement
will show your ‘assessed amount’ (the cost of the sub-
50
jects), your ‘loan scheme’ or ‘sponsored amount’ (the
amount covered by FEE-HELP), the total amount payable (the balance of what you owe upfront to Monash)
for that fee statement period, and the due date will be
listed on that fee statement. For most students this will
occur in your final year, as you near comple on of the
JD (again, the exact me is different for every individual,
depending on your course progression).
You should also receive a le er from Monash no ng that
you are nearing your FEE-HELP limit.
Australian Tax Office
h p://www.ato.gov.au/pathway.aspx?sid=42&ms=individuals&pc=001/002/075
When and how do I repay my loans to the government?
We hope this helps you plan for the future.
Once you incur a HELP loan it becomes an ‘accumulated HELP debt’. An accumulated HELP debt includes any
unpaid HECS-HELP, FEE-HELP, VET FEE-HELP, OS-HELP
and SA-HELP debts. It also includes any Higher Educa on
Contribu on Scheme (HECS) and other loans incurred
before 2005.
Your HELP debt is repaid through the tax system once
your HELP repayment income (HRI, basically how much
you earn annually) is above the compulsory repayment
threshold, even if you are s ll studying. The threshold for
the 2014-2015 financial year is $54,126. Your compulsory repayment amount (amount taken from your salary to
repay your loan) is a percentage of your income - a table
is available at the Study Assist and ATO websites.
Debts are managed by the Australian Taxa on Office.
You can contact the ATO at any me to request a HELP
account informa on statement to get the balance of
your account. Have your tax file number (TFN) handy
when you call 13 28 61.
You can make voluntary repayments to the ATO at any
me. These are in addi on to your compulsory repayments. Voluntary repayments of $500 or more receive
a credit of 5% for that payment (e.g., $600 voluntary repayment would equal $630 taken off the debt).
For further discussion, please contact the Monash LSS
JD Por olio - Student Rights and Equity Officer via jd@
monashlss.com
Where can I find out more?
The best place is the Study Assist website at: h p://
studyassist.gov.au/sites/studyassist/helppayingmyfees/
fee-help/pages/fee-helpYou can also contact Monash Connect on 9902 6011
with ques ons (h p://www.monash.edu.au/connect/),
but we strongly suggest that you do the maths yourself.
If you’re really keen, you can read the Higher Educa on
Support Act 2003 (Cth) h p://www.comlaw.gov.au/Details/C2013C00029
Remember to keep yourself informed about your course
costs and READ YOUR FEE STATEMENTS!
51
C
M
JD F
F
T
F
This table is based on a standard course progression beginning in T1 2012 as shown at h p://law.monash.edu.au/future-students/
jd/course-structure.html
Cost per
Trimester
3 year - Full me recommended course progression by trimesters
Year 1
Trimester 1
Trimester 2
Trimester 3
Year 2
Trimester 1
Trimester 2
Trimester 3
Year 3
Trimester 1
Trimester 2
Trimester 3
Total course cost:
FEE-HELP cap in 2014:
Amount payable upfront:
LAW 7470
Aust. Legal Reasoning
& Mthods
$4,092.50
LAW 7248
Contracts A
$4,092.50
LAW 7249
Contracts B
$4,092.50
LAW7269
Principles of Equity
$4,227.55
LAW7275
Corpora ons Law
$4,227.55
LAW7277
Advanced Corporaons Law
$4,227.55
Elec ve
$4,437.50
Elec ve
$4,437.50
Elec ve
$4,437.50
LAW 7264
Criminal Law
$4,092.50
LAW 7268
Torts
$4,092.50
LAW 7267
Principles of Property
$4,092.50
LAW7271
Principles of Trusts
$4,227.55
LAW7270
Advanced property
law
$4,227.55
LAW7274
Administra ve Law
$4,227.55
Elec ve
$4,437.50
Elec ve
$4,437.50
Elec ve
$4,437.50
Cost per
Year
$8,185.00
$8,185.00
LAW 7273
Evidence
$4,092.50
LAW7268
Cons tu onal Law
$4,227.55
LAW7272
Civil Procedure
$28,647.50
$12,277.50
$12,682.65
$38,047.95
$12,682.65
$4,227.55
LAW7331
Lawyers’ Responsibili es
$4,227.55
Elec ve
$4,437.50
Elec ve
$4,437.50
$12,682.65
$13,312.50
$35,500.00
$13,312.50
$8,875.00
$102,195.45
$97,728.00
$4,467.45
Possibility in
everything
Allens is a leading international law firm with partners, lawyers and corporate services
employees across Asia and Australia. We work with many of the world’s leading organising
including 55 of the world’s top 100 companies and more than 75 of Australia’s top 100
companies. Our integrated alliance with Linklaters mean we are able to share resources and
offer our clients a seamless service through a global network of 40 offices across 29 counties.
Future proof your career
In a rapidly changing world, those who are agile, resilient and innovative will thrive.
Starting your career at Allens will give you every opportunity to build a sustainable and fulfilling career, wherever you end up.
You’ll develop the skills and capabilities you need to meet the increasing expectations of clients and the market in a supportive
and collegiate environment, with global opportunities from your graduate program and beyond.
> At Allens, you’ll always know where
you stand.
Performance-based assessment and
progression gives you control over the
pace at which you develop and progress.
Clear expectations at each career stage
ensure you understand what we expect
and what you need to focus on to progress.
Year-round coaching, feedback and
development support allows you to
drive your own growth.
And clear career milestones give our lawyers
greater client and people management
responsibilities earlier in their careers.
> In return, we’re asking you to really take
control of your career and development.
You’ll need to tell us where you want to go,
and proactively pursue the development
experiences, relationships and skills you’ll
need to get there.
You’ll need to be willing to experiment,
take risks and try new things to achieve
your goals.
And you’ll need to think more broadly about
what great looks like, seeking to grow your
commercial and leadership skills alongside
your technical capability, whatever your role.
When you join Allens, you’ll learn from partners and lawyers who can help you take your
career all the way. Learn more and meet our people at www.allens.com.au/graduates.
Allens is an independent partnership operating in alliance with Linklaters LLP.
www.allens.com.au
18926
law
54
A
P
A
- Property Law Prac ce
David Sandbach | Current JD student
Values:
- Ethics and Professional Responsibility
To be admi ed to prac ce, three requirements of the
Legal Profession (Admission) Rules 2008 must be met:
1
Two Op onal Prac ce Areas:
One of
- Administra on Law Prac ce
- Criminal Law Prac ce
- Family Law Prac ce
Academic
Students must complete a course of study approved by
the Council of Legal Educa on (i.e. an LLB or JD) and
complete the compulsory 11 prescribed academic subjects known as the “Priestly 11”. These are the compulsory subjects that students complete during their JD.
Students should note that the subject ‘Lawyers’ Responsibili es’ is not a compulsory subject but is a required
subject that must be completed by students who wish
to be admi ed.
2
And one of
- Consumer Law Prac ce
- Employment and Industrial Rela ons Prac ce
- Planning & Environmental Law Prac ce
- Wills and Estates
Trainees comple ng SWT o en complete one or two
of the compulsory requirements or an op onal pracce area via a PLT provider. The Law Ins tute of Victoria
warns that it is the trainee’s responsibility to ensure that
all the proper documenta on is completed and documents are lodged in period with the Board of Examiners.
Prac cal Legal Training
Candidates for admission must first pass all the requirements of the JD and have their results published allowing
them to commence their Prac cal Legal Training (PLT). It
is however possible to commence PLT prior to graduating from the JD as long as the course is completed. There
are two alterna ve op ons for PLT:
2.1 Supervised Workplace Training (previously known as
ar cles) OR
See the LIV website for further informa on: www.liv.asn.
au/For-Lawyers/Careers-Centre/Admission-to-prac ce/
Supervised-Workplace-Training.aspx
2.2 An approved Prac cal Legal Training Course
SWT is a 12 month traineeship completed at a law firm
or office where trainees work under the supervision of a
prac oner. It is done predominantly as training at the
firm, and trainees are paid for their me. This was previously known as ar cles. Graduates (known as trainees)
comple ng SWT must complete ‘Competency Standards
for Entry Level Lawyers’ developed by the Council of Legal Educa on. The standards require the comple on of
The LIV website describes PLT as the most “commonly
chosen pathway to admission.” PLT is designed to ensure
that graduates are ready to enter the legal profession
with the prac cal skills needed for prac ce to complement their ter ary studies. Like a SWT, this also requires
the comple on of the required competencies. Unlike a
SWT, PLTs are usually paid for by the graduate (either up
front or by FEE-HELP), consists of mainly course work
completed either online or at a campus and prac cal
work experience.
Skills:
- Lawyer’s skills
- Problem Solving
- Work Management and Business Skills
- Trust and Office Accoun ng
Prac ce Areas:
- Civil Li ga on Prac ce
- Commercial and Corporate Prac ce
L
There are currently three organisa ons that provide approved PLT courses:
A
The College of Law (Victoria):
COL has campuses across all Australian capital ci es
and has a flexible course structure that includes online
55
learning and work experience. Graduates who complete
a Graduate Diploma in Legal Prac ce qualifies for admission to prac ce in Victoria.
Program that can involve working as a duty lawyer or alterna vely providing advice to real life clients by volunteering at Legal Aid.
Coursework component (see the list of subjects for
SWT);
For more informa on about Leo Cussen, please see their
website: www.leocussen.vic.edu.au
Work Experience Component:
COL provides two alterna ve op ons:
75 days of work experience. Note that work experience
that complies with the COL’s rules completed whilst
studying may be countered. See link below for more informa on on the work experience component.
www.collaw.edu.au/downloads/plt-work-experience-component/
Note that Leo Cussen runs specialised traineeship programs in coopera on with firms and legal prac ces to
ensure that the students are prepared to be admi ed.
For more informa on visit:
www.leocussen.vic.edu.au/cb_pages/traineeship_
about.php
25 days of work experience and the clinical educa on
module. The Clinical Educa on Module involves 4 written papers and a workshop. The link below has further
informa on on the work experience component:
w w w. c o l l a w. e d u . a u / w h a t- w e - o f f e r / l a w - s t u dents-and-graduates/work-experience/clinical-experience-module/
Con nuing Professional Educa on Component
This element introduces students to the con nuing professional development requirement of prac cing lawyers. It requires (a) the comple on of 10 hours of connuing professional educa on seminars, (b) A workbook
and journal is to be completed during the period of professional development or alterna vely 20 weeks a er
the comple on of the Work Experience Component.
The Leo Cussen Ins tute
The Leo Cussen Ins tute provides an alterna ve of
onsite or online learning with facili es located in Melbourne’s CBD. The ins tute also provides an alterna ve
of full me or part me learning.
Coursework component
Work Experience Component
Successful comple on of the course requires the comple on of a professional placement of 3 weeks. Students
also have op onal subjects depending on whether they
are comple ng the course online or onsite. Onsite students have the op on of doing a Clinical Experience
Australian Na onal University
The ANU’s Graduate Diploma of Legal Prac ce is an online program in which the length can vary depending
upon when you commence the Diploma. There are four
components to the course:
1. Becoming a Prac
oner (Intensive);
5 day onsite intensive that focuses on legal skills development focusing on areas including: advocacy, communica on, problem solving, wri ng and dra ing, interviewing and advising, nego a on, dispute resolu on,
legal analysis and research, management and planning.
2. Professional Prac ce Core (PPC); (18 weeks)
Students work in teams of 4 and are placed in ‘virtual
firms’ that is a simula on of working in a real life environment. Students work with senior partners who mentor, supervise your work and give you feedback.
Students learn through collabora on with their team
members to achieve common goals such as the best
result for a client. This is to simulate real life situa ons
in which lawyers work collabora vely with their clerks,
clients and other firms to resolve disputes.
Areas of work include Property Law Prac ce (including
Ethics and Accounts), Property Law Prac ce, Civil Li gaon Prac ce and Commercial Law Prac ce.
3. Legal Prac ce Core (LPE);
Two components:
Comple on of a placement of 20, 40, 60 and 80 day
placement in an approved legal workplace and;
56
Repor ng back on that placement
The length of me spent on a placement will vary depending on the number of elec ve courses the student
wishes to complete.
Students are responsible for finding their own placement
4. Elec ve coursework
Students select subjects from either Stream A, Stream B
or Stream C.
Stream A:
Administra ve Law Prac ce
Criminal Law Prac ce
Family Law Prac ce
Stream B:
Consumer Law Prac ce
Wills, Probate & Administra on Prac ce
Planning and Environment Law Prac ce
Stream C:
Government Law Prac ce
For further informa on please see the ANU’s pages on
their Graduate Diploma of Legal Prac ce available on
their website:
www.law.anu.edu.au/legalworkshop/gdlp
Suitability
The final requirement for admission is a series of documents that must be organised by the candidate and submi ed to the Board of Examiners. The candidate must
prove that they are a ‘fit and proper person to be admitted to prac ce’ (as per s 2.3 (10) of the Legal Profession
Act 2004) To prove this, candidates must provide:
- An affidavit of disclosure;
- Two affidavits of character;
- A criminal record check;
- Academic conduct reports from each ter ary ins tuon or PLT provider at which the applicant has studied.
For further informa on on the requirements of each of
these documents please see the Council of Legal Educaon’s website:
www.lawadmissions.vic.gov.au/admission_requirements
your career
LIV Seasonal Clerkship
Guidelines 2015
1
2
3
4
5
To be eligible to apply for seasonal clerkships a student must
be in their final or penultimate year of study, that is, they
intend to commence their final semester in 2016. Students
who have already completed their law degree are eligible to
apply; however, applications will be accepted at the discretion
of each firm.
Applications for seasonal clerkships will open no earlier than
9am on, Monday 13 July 2015.
Applications for seasonal clerkships will close no later than
11:59pm on Sunday, 16 August 2015.
Any offer made under these guidelines relates to clerkships
within a one year period from the date of offer, but can be
extended in circumstances agreed between the student and
the firm for a further one year period if a student requests a
deferral of the clerkship.
Any offer of clerkship must remain open for a minimum period
of 24 hours from the time the offer was made or until 11am
the following business day for offers made prior to 11am,
subject to paragraph 5(a):
7
Law firms who have entered sponsorship arrangements with
disadvantaged students, such as those employed under the
Indigenous Cadetship Program, are exempt from complying
with the Guidelines in relation to those students.
8
A firm may withdraw from the guidelines by giving (30) days
written notice of its intention to the Law Institute of Victoria
(LIV), the law faculties and law student societies at all Victorian
law schools.
9
10
The LIV will maintain an up to date list of all signatory firms
which will be publically available on the LIV website.
11
Signatory firms are not obligated to offer seasonal clerkships
each year but must follow the Seasonal Clerkship Guidelines
in the event that they do. For a full list of current opportunities
please visit the Seasonal Clerkship & Recruitment Registry at
http://www.liv.asn.au/For-Lawyers/Careers-Centre/SeasonalClerkship-Graduate-Jobs or contact signatory firms directly.
Please note that students are encouraged to familiarise
themselves with the firm’s clerkship application policy to which
they are applying.
a. Students must not hold more than four seasonal clerkship
offers for a period of more than 2 hours.
2015
6
Law firms will not make offers concerning seasonal clerkships
before 10am, Australian Eastern Daylight Savings Time on
Tuesday, 13 October 2015.
FURTHER INFORMATION
T: 9607 9370 E: younglaw@liv.asn.au
1 For student eligibility examples please refer to www.liv.asn.au/LIV-Young-Lawyers/Law-Students/Traineeships-FAQs.
UPDATED OCTOBER 2014
your career
2015 LIV
Traineeship & Seasonal
Clerkship Guidelines
SCHEDULE OF DATES
ACTION
DATE
SEASONAL CLERKSHIP
Application period opens
MONDAY, 13 JULY 2015
9am
TRAINEESHIP
Market application period opens
MONDAY, 20 JULY 2015
9am
TRAINEESHIP
Priority offers made
TUESDAY, 11 AUGUST 2015
10am
TRAINEESHIP
Priority offers close
THURSDAY, 13 AUGUST 2015
4pm
SEASONAL CLERKSHIP
Application period closes
SUNDAY,16 AUGUST 2015
11.59pm
TRAINEESHIP
Market application period closes
SUNDAY, 23 AUGUST 2015
11.59pm
TRAINEESHIP
Market offers made
MONDAY, 28 SEPTEMBER 2015
10am
SEASONAL CLERKSHIP
Offers made
TUESDAY, 13 OCTOBER 2015
10am
FURTHER INFORMATION
T: 9607 9370 E: younglaw@liv.asn.au
UPDATED OCTOBER 2014
59
B
C
T
T
F
Ashurst
Michael Fletcher | Graduate - Disputes Team
support a High Court challenge to new Northern Territory laws known as the “paperless arrest” scheme.
If the pres ge and poten al financial rewards offered by
top- er firms is not a powerful mo ving factor for you in
considering your future career path, you may feel that
a clerkship at a top- er firm is not for you. I suggest
you consider a clerkship at a top- er firm even so, as you
may be surprised at what they have to offer. My experience working as a clerk and a graduate in the Disputes
team at Ashurst has convinced me that there is no be er
place to develop your skills and knowledge as a lawyer
than at a top- er firm. Three quali es in par cular make
a top- er firm a great place to spend your clerkship.
Great people
Law is a service that is delivered through rela onships
between lawyers and between lawyers and their clients.
Clerks at a top- er firm not only benefit from engaging
with the legal exper se of great partners and lawyers,
they also get to witness the way successful lawyers work
in teams to deliver outcomes. Clerks can o en observe
the way lawyers interact with clients and other stakeholders to build rela onships and brand iden es. In
prac cal terms opportuni es range from team building
ac vi es such as the na onal induc on Ashurst had for
graduates in Sydney this year, through team mee ngs
where members of the prac ce group discuss the interes ng aspects of their ma ers, to a ending media ons,
arbitra ons and li ga on with partners and senior counsel. Simply observing these ac vi es allows the clerk to
learn a great deal about what firms and their clients value, providing an edge when pursuing career outcomes
in future. I have found the lawyers, from junior levels
to partners, very willing to give you the benefit of their
me and perspec ve, whether you are struggling with
a difficult dra ing task or trying to decide what area of
law suits you.
Ma ers that shape the law
Top- er firms are more likely to act in ma ers where the
stakes are very high and the par es are well resourced.
Clients expect all legal avenues to be explored and arguments considered. For the clerk, this means having the
opportunity to engage in very detailed research tasks
in areas of law that may have received li le direct judicial considera on. Dis lling your research into a useful
opinion, and discussing your reasoning with a partner
or senior associate, allows you to exercise the legal reasoning you have been developing at university at the
cu ng edge of legal development. When working in a
top- er firm you are more likely to work on a ma er that
reaches final judgment, par cularly at appellate level,
and perhaps alters or clarifies a legal principle. By way
of example, ma ers I have worked on in my short me
in Disputes at Ashurst have included the notoriously
long-running Bell li ga on and the ANZ fees and charges
class ac on. Both of these ma ers have been li gated at
appellate level and both have altered legal assump ons
with respect to commercial transac ons. Being able to
contribute to these ma ers and to learn from lawyers at
the pinnacle of legal prac ce is one of the most engaging
and sa sfying ways to ac vate your legal skills.
And if you think commercial prac ce may be too constraining for your diverse interests, then consider the
pro bono work supported by the top- er firms. The very
first piece of work I did at Ashurst was helping to collate
evidence which formed part of a coroner’s enquiry into
a police shoo ng. Even my interest in cons tu onal law
is currently being engaged as my team is ac ng for the
North Australian Aboriginal Jus ce Agency in Darwin to
Top clients
As well as learning about prac cing the law, clerking in
a top- er firm provides you with exposure to the inner
workings of top corporate clients like ANZ and BHP Billiton. Even the most dreaded document review or discovery task has benefits for the clerk in that you get to
rummage around in the client’s commercially sensi ve
documents and correspondence, providing an insight
on how corporate strategy is developed some mes before it is even deployed. While excellent legal analysis
is assumed, the top- er firms seek to differen ate their
service through their commercial acumen and client engagement. This provides clerks with a commercial perspec ve which is valuable in whatever path they might
choose a er law school.
I would therefore recommend that anyone who wants
to develop and apply their legal skills in a challenging,
suppor ve and ul mately sa sfying environment to give
a clerkship at a top- er firm your best shot.
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King & Wood Mallesons
James Bryce | Solicitor
The impending reality of ‘real world’ employment and
responsibility can creep up on law students rather unsuspec ngly in their penul mate year of study. Before
this me, few students will have given much thought to
the area of law they would like to prac ce in, let alone
the par cular style of firm that would best suit their personality or ambi ons. Comple ng a seasonal clerkship at
a law firm is a great way to begin piecing together your
ideas for post-university life. Here are some ps that
might make the whole process a li le easier:
Start early
The clerkship applica on process should start now! No
need to stress too much, but it’s a good idea to start
thinking early about the kind of a ributes poten al employees will be looking for in their clerks. What can you
offer that will make you stand out? There will always be
horror stories about the ‘magic number’ cut-off grades
for considera on at law firms, but there’s much more to
it than that. Study hard, but don’t neglect other parts
of your life that make you a well-rounded and a rac ve
applicant. Play sport, join commi ees of interest, and
apply for an array of different legal experience roles. This
may include shadowing a barrister, working at the local
community legal centre, being a paralegal, or applying
for programmes such as the Insight programme offered
by King & Wood Mallesons. Talk to people at law school
and find out as much as you can about involving yourself
in different ac vi es early on, and then s ck to what you
enjoy and are good at.
Apply widely
Don’t buy into the pre-conceived law firm stereotypes
pedalled in the university hallways. You may have a parcular firm or prac ce area in mind, but always keep an
open mind and apply to a number of different firms so
as to not close off your op ons later down the track. The
clerkships are just as much about you tes ng out the
law firms as it is the other way around. If you receive
and making connec ons as you go. If you don’t, you’ll
be glad that you didn’t place all your eggs in one basket,
and your career path might take an unexpected turn for
the best.
Be yourself
This is a bit cliché, but is probably the best advice you’ll
hear – be yourself! No one would deny that the whole
clerkship process is daun ng, but try your best not to
hide your personality. Some of the best interviews are
ones where the law isn’t men oned once and you just
have a friendly and relaxed chat. Remember that people
want to work with a person they like and can rely on, not
someone who can just reel off long quotes from cases
(although that would be pre y impressive). Stand out
and be an individual! When working in a law firm, it’s
reality that the work just needs to be done. But don’t
underes mate the importance of making friends with
your secretaries, cha ng to lawyers in the lunch room,
and coordina ng social ac vi es with the other clerks.
If your personality doesn’t click with the people in the
firm, then it probably just wasn’t meant to be.
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Allens
Jules Moxon | 2014 Graduate Lawyer
In a firm like Allens, no two graduate experiences will be
the same. That said, there are common themes: you will
have the opportunity to work with experienced, respected prac oners on some of the largest, most complex
ma ers in any given field.
Allens has an extremely broad prac ce (covering all areas of commercial law) and offices throughout Australia
and Asia (in Jakarta, Hanoi, Ho Chi Minh City, Singapore
and Ulaanbataar). Through the firm’s rela onship with
Linklaters, it also offers graduates interna onal secondment opportuni es.
I have been extremely fortunate in my first year at the
firm, spending a great deal of me working on ma ers of
varying sizes, as well as part of teams and under the direct supervision of a partner. Much of my me was taken
up by two par cular ma ers, both very large commercial
disputes involving teams drawn from mul ple offices.
Graduates can expect to be rewarded with greater levels
of responsibility, as the year develops and they become
more confident in their abili es. As well as the more substan al disputes, I have been involved in smaller transaconal and li gious ma ers working for a senior associate, and in a number of ma ers, directly with a partner.
The firm also has a substan al, demonstrated commit-
ment to pro bono work and community engagement.
From the get go, graduates are involved in pro bono
prac ce, assis ng some of the most disadvantaged
members of our community, whether they be homeless,
suffering from a mental illness or an asylum seeker at risk
of deporta on. Opportuni es are also available to work
as part of the firm’s charity commi ees, or in support of
our reconcilia on ac on plan.
As well as the kind of work on offer, be it billable or pro
bono, a firm’s culture and professional development
structures are just as important to a posi ve graduate
experience. Commercial law firms, and top er firms in
par cular, have a reputa on for consistently long hours
and a lack of work-life balance. Whilst it’s true that you
will be expected to work hard, the firm is commi ed to
crea ng a fun and suppor ve environment where you’re
always learning and developing. And, when you do need
to work late, they so en the blow by feeding you and
paying for a ride home! At Allens, you’ll also have the
benefit of working with lawyers who are at the top of
their game, and who take a genuine interest in your development and welfare.
At the outset, I acknowledged that no two experiences
are the same. The best way to learn more about
what Allens (or indeed any other firm) is like, and maximise your chances of securing a posi on, is to
engage with the profession. A end networking events
organised by your student law society, engage with
friends star ng out on their careers and university alumni, and have an open mind as to what sort of area
you might like to prac ce in.
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Your first year or two out as a lawyer can be one of the
best but also the toughest.
Corrs Chambers Westgarth has helped hundreds of graduates make the successful transi on from study to pracce.
According to Corrs’ Recruitment Partner, Phillip Catania,
crea ng a place where people love their job and their
work is a key priority of being an employer of choice –
and helps graduates fit in quickly.
Phil says Corrs goes above and beyond to give their graduates a head start. Fortunately, he’s happy to share some
of Corrs’ prized ps with students.
“We asked our staff for advice to help new graduates
navigate the challenges and enjoy the opportuni es presented during their early working years,” Philip said.
“Here are their 10 top ps to help you make the most of
your career, wherever you choose to begin it.”
S
3.
You have internal and external clients
As a grad, you’ll be asked to work for a variety of people
including other lawyers, senior associates and partners,
ul mately for the benefit of an end client. You should
think of everyone you work for as a client. If you impress
your internal clients, you’ll have many more opportunies to impress external clients. So be professional. Be
responsive. Think about how you can make life easier for
the lawyers in your team. Make sure your work is high
quality. And always deliver on me.
4.
Be a team player
Teamwork is a huge part of the way we work at Corrs.
We bring together lawyers from different prac ce areas,
states and even countries, to provide an efficient and integrated service for our clients. As a grad, you will rotate
through different prac ce areas and you’ll have an important role to play as part of those teams. Look for opportuni es to contribute. If you’ve finished the work assigned to you, find out if you can help anyone else. Also,
remember to work with other graduates. Don’t compete
with them. You’ll all be going through the same thing, so
catch up regularly to share experiences.
1.
Remember the basics
Being a great lawyer is more than just being great at the
law. It’s also being a professional who provides great service to clients and colleagues. That starts with doing the
basics well, like responding promptly to phone calls and
emails, maintaining clear and organised files, presen ng
your work well, delivering when you say you will and always preserving confiden ality. The most important basic is to always come prepared. Bring a pen and pad to
mee ngs. Listen and take notes. It’s amazing how much
you’ll learn.
5.
Your reputa on is everything
During your career, you will discover that your most valuable asset is your reputa on. You start building your reputa on from your first day as a graduate. So work hard.
Take care to produce quality. Always check your work before providing it to a lawyer or client. Always keep your
promises and deliver your work when you say you will.
And if you can’t, let the person expec ng it know early so
everyone can manage expecta ons. If you make a mistake, admit it early and learn from it. Always be honest.
2.
Keep learning
University may be over, but the real learning starts now.
The law and business are constantly changing. We need
to stay on top and ahead of those changes. At Corrs, we
provide a structured and ongoing professional development program and an enormous number of learning opportuni es. But you also need to be prepared to drive
your own learning. Always be alert and listen when in
mee ngs. Be curious. Find out as much as you can about
the clients you’re working for and learn about their industries so you can understand their needs be er.
6.
Understand your clients’ needs
Perhaps the biggest challenge you’ll face as a graduate
lawyer is the shi from preparing assignments to crea ng commercial advice that achieves real client outcomes. You’ll soon realise that clients don’t want you to
tell them the law. They want you to tell them how the
law impacts their commercial objec ves. And they want
you to tell them in a way that is clear, succinct and easy
for them to use. So, always try to stand in the shoes of
your client. Think about what’s important to them and
what they are trying to achieve.
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7.
Keep perspec ve
The change from student to lawyer can be huge: different hours, different work and different challenges. It can
be easy to feel consumed by it all, par cularly as you will
want to impress. Enthusiasm, commitment and applicaon are great – and the type of quali es we look for in
our grads – but, we also don’t want you to become overwhelmed or burn out. So keep a li le perspec ve. Think
of your career as a marathon, not a sprint. It’s OK not to
know everything all at once. Work hard but also make
sure you have interests outside work.
8.
Be posi ve
There is nothing more infec ous than posi ve energy. It
inspires and mo vates others. People want to work with
posi ve people. So always try to be posi ve. Don’t complain or cri cise. Take on every task with enthusiasm, no
ma er how big or small. Take an interest in other people
and share experiences with them. Treat challenges as
opportuni es and always look for the upside. Enjoy the
work. Have fun.
9.
Embrace opportunity
During your career at Corrs, you will be presented with
many wonderful opportuni es, from the quality of work
and clients to professional development, including studying and working overseas. As a graduate, every day will
present an opportunity to learn, grow and contribute.
Embrace all these with enthusiasm. Make the most of
them: don’t just do the minimum. The more you put in
the more you’ll get out.
10.
Love what you do
To be good at what you do, you have to enjoy it. To be
great, you need to love it. Passion is a differen ator that
is recognised by clients and colleagues alike. Passion fuels commitment and drives con nuous improvement.
And it makes hard work fun. So use your me as a graduate to explore different areas of law and find one that
inspires you. Then commit to it, apply yourself and see
where it takes you. You won’t be disappointed.
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Ashurst
Joey Pak | Graduate Lawyer
I graduated from a Bachelor of Commerce/Bachelor of
Laws from Monash in 2013 and joined Ashurst as a graduate in 2014. As part of its graduate program, Ashurst
provides its graduates with the opportunity to do a rota on in one of their Asian offices during their final rota on. I was truly excited with the prospect of an interna onal secondment so early in my career and couldn’t
believe my luck when I was offered the posi on!
The offices offered for the Asian rota on differ depending on the year, but in 2014, graduates could choose to
be seconded to either the Hong Kong office (in the Finance, Securi es and Deriva ves team) or the Singapore
office (in the Corporate and Disputes Resolu on team).
As I rotated through Banking & Finance during my first
rota on in Melbourne, I had a strong interest in the finance sector and felt I would be able to learn more the
Finance team in Hong Kong.
The Ashurst Hong Kong office is broadly divided into
three prac ce areas: Corporate, Banking & Finance and
Disputes Resolu on. The office itself is rela vely new
having been established in 2008, but since then has
grown rapidly to now be made up of approximately 5060 lawyers, including approximately 13 partners. The
prac ce is aggressively expanding and it was exci ng to
be able to witness this growth (I mean, during the me
I was there I saw two new partners being added to the
prac ce!).
As I men oned, I rotated through the Securi es and Deriva ves team and was involved primarily in the structured notes programme of various investment banks.
Specifically, I assisted in the documenta on process for
deriva ve transac ons with equity, foreign exchange,
commodity and interest rate underlyings. This involved
reviewing the term sheet sent by the client in rela on to
the notes being issued and dra ing a pricing supplement
to detail the terms of the notes, read in conjunc on with
an informa on memorandum approved by the relevant
stock exchange where the notes would be listed. I was
L
also involved in the documenta on of other interes ng
and varied securi es lending transac ons, such as repurchase loan agreements as well as repackaged loans. The
learning opportunity was immense, with great training
facili es provided to juniors and helpful associates in the
team.
It was eye-opening to be able to work in such an Asian
financial hub and to be able to have contact with a wide
variety of clients from all over Asia, including Japanese,
Chinese and local Hong Kong clients. I was also surprised
at the diversity of na onali es I was exposed to at the office. My team was made up of several Chinese na onals,
local Hong Kong lawyers, American lawyers, lawyers originally from Britain who were qualified to prac ce law in
Hong Kong, French and German lawyers, even one who
was born in Texas but who was Polish by background,
started her career in London and now working in Hong
Kong! The diversity in the team made for a really cohesive and suppor ve environment, each person bringing
to the team special skills from their own jurisdic ons,
making it very easy to make friends.
As many Bri sh and American firms have an established
graduate secondment program, there is a cohort of approximately 30 interna onal secondees altogether from
these firms on secondment at any one me. A mailing
list is set up between all secondees for them to meet up
and it feels like school/college life all over again! It was
great fun to be able to meet these secondees and the experience would not have been the same without them.
On a personal level, I loved the experience of living in
Hong Kong as a secondee. The liveliness and vibrancy
of the city was infec ous, it was a city that never slept
and never stopped. Its proximity to the rest of Asia made
it very easy to travel, with weekend trips to places like
Shanghai and Japan very possible (with Cathay Pacific
fanfares, get on it!) and it was bonus that the rota on
covered the Christmas and New Year period!
All in all, I absolutely loved my secondment experience
and would highly recommend it to anyone with an interest in having work experience in Asia.
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King & Wood Mallesons
Tal Schmerling | Solicitor
I recently completed a 6-month rota on in Domenic Gatto’s team within the KWM Dispute Resolu on prac ce
area.
Junior lawyers working in a Dispute Resolu on team are
exposed to a broad variety of work, from dra ing le ers
of demand to assis ng with the prepara on of briefs to
counsel.
One of the highlights of my rota on was being involved
with a trial that was being heard in the Federal Court of
Australia (in Adelaide). Leading up to the trial our team
prepared several briefs to counsel on some of the key
issues in the case. This involved in-depth legal research,
since counsel was relying on our team to help them develop their submissions and understand the legal posion in rela on to these issues. In this par cular trial,
counsel wanted to put forward some novel arguments,
which required some outside-the-box crea ve thinking.
During the trial, most of the team went to Adelaide and
I stayed in Melbourne. As a junior lawyer suppor ng
the team from afar, my role was to help out wherever it
was needed. A trial can be fran c, so this o en involved
doing some very quick legal research or doing a task as
simple as preparing a folder that contained all the authori es being relied upon by counsel. This was a great
learning experience.
The other large ma er I worked on during my rota on
was at the discovery stage. All the documents were uploaded electronically onto a program called Ringtail and
a group of junior lawyers were required to check every
document, one by one, and mark them for confiden ality, privilege and relevance. While discovery can, at mes,
be slightly arduous and repe ve, it is a very important
part of the li ga on process and can o en have a significant impact on the outcome of a case.
Overall I felt as though I improved my legal skills during
this rota on and gained a be er understanding of the
Australian legal system. Even for those junior lawyers
who don’t necessarily see themselves as career li gators, a rota on in Dispute Resolu on is a valuable experience.
Future
Focussed
Press play on a forward thinking career choice
• High performance culture
• Competitive team spirit
• Drive and passion to be #1
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King & Wood Mallesons
Shirlin Wu | Solicitor - Debt Capital Markets
Leveraged finance. Securi sa on. Deriva ves. Hybrids.
Covered bonds. S ll reading? Wow, you’re doing be er
than I was in your posi on!
DEBT CAPITAL MARKETS
Shirlin Wu | Solicitor | King & Wood Mallesons
My first rota on as a graduate in KWM was in the Debt
Capital Markets team, a small part of the larger Banking and Finance sector. Full disclosure; the DCM team is
somewhat siloed from the rest of Banking and Finance,
in that the work they do is quite specialised. B&F deals
with the financing aspects of all different types of transac ons and associated regulatory issues. DCM focuses
on a par cular type of finance, namely securi es – the
issue of debt capital market instruments (bonds and
notes), hybrid securi es and securi sa on.
KWM is recognised as the market-leading firm in this
area, consistently ranked as the only, or one of the few,
first band Australian law firms for debt capital markets.
This means you’re working with the best in the field, and
that is both extremely daun ng and absolutely brilliant.
The work
Transac onal work
The first stage of a financing transac on that DCM may
be involved in is the term sheet phase – that is, the
agreement of high level commercial terms. We may
join a transac on a er the term sheet has been agreed
between the commercial par es, or when it is s ll being nego ated. At this stage, we would be advising on
commercial op ons – what they are, what are the consequences, and what is and isn’t market prac se.
It is then me to translate the commercial agreement
into appropriate contracts for the par es to sign. This
is where we do the heavy li ing. I was lucky enough to
be involved in a securi sa on transac on from start to
(almost) finish during my rota on – we turned a ten page
term sheet into approximately 150 documents. We work
off precedents, but with the numerous novel concepts
our clients come up with, there is plenty of opportunity
for free dra ing. And inevitably, as you start preparing
the documents, missing details of what was previously
agreed will emerge.
Once the documents have been se led and signed (and
closing is a whole event in itself), most agreements will
have ‘condi on precedents’ that need to be fulfilled before money actually changes hands. Keeping track of
these CPs, and chasing them up when necessary, is also
o en the role of a graduate.
Advisory work
As you can imagine, there is plenty of regula on around
the DCM space (for the record, no, we did not help cause
the GFC). One of the more unusual advices I assisted
on dealt with perpetual notes that were issued in 1986.
In line with that date, it involved looking at cases da ng
back to the 1800s, which are always a good read.
Crossing prac ce groups and jurisdic ons
The financing DCM works on can be isolated (eg. the
large banks rou nely issue notes and bonds), or linked
to a specific project. When it is the la er, our M&A team
will generally be taking care of the broader transac on
(eg. an acquisi on of assets or a share sale). Where a
disclosure document, such as a prospectus, needs to be
prepared in rela on to the financing instruments we will
work with other teams like Tax to organise and verify the
appropriate disclosures.
Financing is also, as you might expect, quite fluid in a
jurisdic onal sense. In line with our Asia focus, I had a
chance to work on a transac on crossing Australia, Hong
Kong and the PRC. KWM has also advised on a large
number of landmark transac ons in Asia and Europe,
including “the first single loan cross border collateralised loan obliga on from the People’s Republic of China”
- and a er six months in DCM, I’m happy to say I understand most of those words.
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King & Wood Mallesons
Rebecca Hahn | Solicitor - Banking Law
I am currently a graduate solicitor in my third rota on,
meaning I have worked at the firm for over a year and
am in my last 6 months of the graduate program. My
first rota on at the firm was in project finance, where my
team focused on property financing. This meant I had
the opportunity to work on deals with large, high profile
property developers. As it was my first rota on I was
eased in with tasks such as contract reviews and document management. However, I was soon si ng in on
se lements and having direct contact with the client’s
in house counsel. The financing structures were complex and the deadlines were short, as is o en the case in
transac onal groups. As a junior in the team I was given
the opportunity to be at the forefront of the deal whilst
receiving constant guidance from those around me.
I am back in banking for my third and final rota on, but
this me in financial regula on. Being in the regulatory
field, as oppose to transac onal, this team differs substan ally from the other banking and finance teams as
the work is steadier and more advice focused. We specialise in areas such as the Na onal Credit Code, privacy
and money laundering. Our client base is diverse, from
large banks to government departments. As a junior my
tasks are predominately researching and dra ing advices. The work is both s mula ng and highly rewarding,
as my efforts are directly reflected in the final work produced for the client.
I have found working as a junior in banking and finance
an invaluable experience as I have had the opportunity
to work for a broad range of clients and gain a deeper
understanding of the sector through both transac onal
and regulatory work.
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Corrs Chambers Westgarth
Chrystal Dare | Senior Associate
A company’s intellectual property can be one of its most
valuable assets, if properly exploited and protected.
Some businesses, like publishers, film producers and
pharmaceu cal companies, trade almost purely on their
intellectual property.
There are various species of intellectual property, with
different rights accruing to each. In par cular, an intellectual property lawyer’s prac ce may involve some or
all of the following:
•
trade marks;
•
patents;
•
copyright (including moral rights);
•
designs;
•
misleading conduct & passing off;
•
confiden al informa on;
•
geographical indica ons and wine law; and
•
an -counterfei ng.
As technology evolves, intellectual property issues are
increasingly in the spotlight and subject of worldwide
debate. The Stop Online Piracy Act (or SOPA) in the US
is a prime example of IP issues taking centre stage, polarising key players and sparking fierce debate. Here in
Australia there have also been several recent high profile
court cases with IP issues at their core, including Apple v
Samsung, iiNet, and Optus v NRL.
I have found intellectual property law to be a par cularly challenging prac ce area because of its complex
nuances, and o en overlapping of legal issues such as
copyright and designs, or trade mark infringement and
misleading or decep ve conduct.
Yet it is rewarding. As an IP lawyer, I feel I have the opportunity make a real difference to a client’s business by
adding value on many levels. For example, not only by
helping to protect brands and goodwill which companies
have worked so relessly to build up (in some cases over
many decades) and advising in respect of infringement
risks, but also by providing commercialisa on advice and
helping clients to exploit their valuable IP.
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In my career so far I have had the pleasure of working for
a variety of clients including Caterpillar, Gucci, Cadbury,
Bri sh American Tobacco, and Brother.
More generally, the types of work undertaken by Corrs’
intellectual property group include:
•
provision of technical advice, including on spe
cific legal issues and IP protec on strategies;
•
preparing and nego a ng IP contracts, includ
ing assignments and licenses;
•
li ga on (including infringement and opposi
ons); and
•
dispute resolu on (including media ons and
other nego a ons).
Members of our IP li ga on team regularly find themselves in the Federal Court ba ling it out on behalf of
clients, or otherwise represen ng clients in other forums
such as the Trade Marks Office.
The Corrs intellectual property team acts in rela on to a
mixture of large scale, complex and high profile li ga on
and transac onal ma ers, but also manages small files,
therefore providing clients with a breadth of service offerings to meet the full spectrum of a business’ IP needs.
Corrs’ IP team is a dynamic one, which matches the nature of the work and Corrs’ clients. Corrs’ IP clients operate across a diverse range of industries including high
end fashion, entertainment, pharmaceu cal, manufacturing, construc on, FMCG and wine industries. Corrs’
clients include major mul -na onal and Australian corporate players.
In an increasingly global market, a company’s IP strategies will o en need to be coordinated globally. Accordingly, IP lawyers are regularly called upon to u lise their
transferrable skills, such as highly developed communica on skills, in a variety of contexts, including collaborating with peers at firms around the world.
As intellectual property law can be a very technically complex area, one of the biggest challenges can be
presen ng complex concepts to an audience unfamiliar
with the technicali es of Australian law or IP law. Clients
expect their lawyers to have a detailed understanding of
their businesses and to provide prac cal, commercial-
70
ly-driven advice. While a specialist field, IP lawyers cannot operate in a vacuum – they must maintain awareness
and understanding of issues affec ng clients’ individual
businesses and industries, and the market condi ons
more broadly, which will o en impact on strategic decision-making.
Prac oners who are just star ng their careers as intellectual property lawyers have a real opportunity to develop specialist exper se in new and developing areas.
Many of the IP challenges of the next ten years are yet
to be determined, and may involve technology yet to be
invented, which makes this area of law all the more exci ng.
CELEBRATE YOUR
INDEPENDENT
SPIRIT
WWW.CORRS.COM.AU/GRADUATES
Corrs is a place that celebrates individuals. We’re looking for spirited,
determined graduates who think big and like doing things a little differently.
In exchange for your energy and commitment we’ll provide extraordinary
learning and work opportunities here and on the international stage.
If you want more, visit our dedicated graduate website www.corrs.com.au/graduates
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Corrs Chambers Westgarth
Perri Burns | Lawyer
If you asked me at uni what sort of lawyer I might become, a construc on lawyer was certainly not the answer I would have given. However, a graduate rota on
through the Corrs Construc on team showed me the
variety and opportunity that accompanies prac cing in
this high-profile sector.
The construc on industry underpins a significant component of the Australian economy, and construc on
law is the legal prac ce that relates to this dynamic and
growing area.
The Construc on team at Corrs is behind many of the
largest infrastructure projects around the country.
Whether infrastructure (roads, railways, hospitals, water
treatment plants, schools etc), energy and resources or
commercial and residen al projects, construc on law
(and its lawyers) are at the heart of the successful delivery of these projects.
A day in the life of a construc on lawyer calls upon a
range of work types and legal disciplines. Our work includes:
•
Contracts – dra ing and nego a ng contracts
for construc on, procurement, opera on and
maintenance contracts etc;
•
Infrastructure/Public Private Partnerships
(PPP) Projects – nego a ng and advising on
complex and inter-related contracts for the pro
vision and opera on of public infrastructure by
the private sector;
•
Contract advisory – advising clients on issues
that arise under contracts, including advice as
to strategic posi ons; and
•
Dispute resolu on – advising clients in a range
of dispute resolu on processes, including li ga
on, arbitra ons (both domes c and interna
onal) and media ons.
The variety of work means that junior lawyers don’t have
to choose between being a “back end” (li ga on or dis-
pute resolu on) or “front end” (contract nego a on and
dra ing) lawyer, but have the opportunity to develop
valuable skills across a range of disciplines.
Prac sing construc on law also exposes lawyers to varying fields outside of our core prac ce. While construcon lawyers o en specialise in contract law, tort and
dispute resolu on, we regularly encounter issues involving compe on law, financing, intellectual property, industrial rela ons and workplace health and safety, and
work with experts in these areas. Construc on lawyers
also have to work collabora vely with non-legal experts.
For example, we o en work closely with engineers, programmers and forensic accountants in order to understand, and evidence, the technical details of projects.
This means that as lawyers, we are constantly challenged
by new concepts and are con nuously learning.
Unlike many areas of the law, construc on law deals
with tangible objects – you can see and touch what the
par es are figh ng over, and one day you will be able to
visit and walk through the subject of your contract.
If you like the idea of challenging and varied legal work
in a fast-paced industry, construc on law might just be
for you.
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Allens
Emma Cundale | Lawyer
Working in the Energy and Resources group at Allens will
take you from the red dirt of the Pilbara to the far corners of Africa and Asia, and give you the opportunity to
challenge yourself and to develop your skills within an
area which is complex, relevant and ever changing.
Australia has become a global leader in exports of natural resources and energy, and as a result this sector plays
a significant role in the country’s economy. As an Energy
and Resources lawyer at Allens, you therefore know that
you will be working on some of the most relevant and
exci ng projects in the economic landscape, with a firm
whose experience in this sector goes back almost 100
years.
Allens’ Energy and Resources team covers a diverse
range of prac ce areas, such as mining, oil and gas and
power and u li es. Our teams advise the top clients in
these areas on the whole spectrum of legal issues, from
explora on through to produc on and marke ng and
varied related issues such as acquisi ons, joint ventures,
financing, tax, li ga on and environmental approvals.
This offers our junior lawyers in this sector vital experience, as they follow the life of the project from beginning to end, and have the opportunity to see firsthand
the varying issues a project may face, and how these can
be resolved.
Because our work on these projects covers the whole
spectrum of legal issues that can arise, the Energy and
Resources stream has a constant interac on with related
fields such as na ve tle, climate change, environment
and planning, real estate and banking. This close interacon with so many fields provides a great opportunity for
junior lawyers to develop their skills in a broad range of
areas and to build networks across prac ce groups and
offices.
I started at Allens as a vaca on clerk, worked as a research assistant and then joined as a graduate, and have
enjoyed the varying and challenging work that I have encountered whilst working with the Energy and Resources
group, from advising on some of the biggest mining projects in Australia, to assis ng with the nego a on and
finalisa on of cross-jurisdic onal marke ng arrangements. I have also had the opportunity to work with, and
learn from, people in Allens’ offices around Australia and
Asia.
Allens is an interna onal law firm, and this is reflected
in the Energy and Resources sector in the clients we advise, the projects that we work on and the opportuni es
available to our lawyers, such as in-house secondments
with our clients not only locally, but interna onally, in
countries such as Indonesia or Russia. Due to the significant part that this sector plays in not only Australia’s
economy, but many countries around the world, you can
be sure that the skills and knowledge that you will gain
in this area are highly relevant and easily transferable.
extraordinary place to go at this point in history. Across the city old China and new China are
pushing up against one another and it really
it fascina ng to see it playing out: on any given night you might be sipping cocktails on the
80th floor of the China World building, ea ng
Chinese barbeque under red paper lanterns on
Ghost Street or drinking Tsingtaos in rowdy bar
down a centuries-old hutong.
The social life was fantas c (when I could escape the office!) While I was there I played
Gaelic Football with the Beijing Bombers AFL
team, enjoyed tennis and Pimms at the Australian Embassy, wake-boarded at the Olympic
Rowing Centre, and saw many a Beijing bar and
club. The weekends were a great opportunity
to get out to see different parts of China – the
explosive growth of fast trains make ge ng
around really easy – and I took weekend trips
to Shanghai, Pingyao and the Great Wall.
My involvement with China didn’t stop once
though came home – the firm is very committed to integra ng fully with our Chinese counterparts.
Since returning, I have been heavily involved
in se ng up the Junior Cultural Exchange Program – a virtual rela onship building and informa on sharing program connec ng junior
solicitors from our Australia and China offices.
The pilot program successfully wrapped up last
year, and we are now going global (!) – with the
incorpora on of solicitors from our London office (legacy SJ Berwin). With all of these developments, it is an incredibly exci ng me to be
a part of the firm.
Life long learning
Allens is an independent partnership operating in alliance with Linklaters LLP.
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Allens
Lauren McInnes | Lawyer
My Year in M&A at Allens
My first rota on at Allens was in the M&A team, and I
found the experience in such a broad area of law a great
way to start my legal career. To have a year-long rota on
gave me fantas c exposure to a wide range of ma ers
that I was able to work on from beginning to end, including takeovers, schemes of arrangement, corporate
governance and occasionally, even giving strategic commercial advice on obscure areas of the Corpora ons Act.
Over the year, being part of the M&A team at Allens has
given me the opportunity to work on challenging and
high profile ma ers, for both Australian and interna onal clients. One of the benefits of having a longer rotaon was being able to play a key role in major ma ers,
like schemes of arrangement and takeovers, and being
able to be involved from the first engagement le er to
the celebra ng when the client signs off on the deal. I
have had the opportunity to assist with dra ing company cons tu ons, providing advice on corporate governance issues, conduc ng due diligence as prepara on for
companies lis ng on the ASX, compiling profiles of companies who were poten al takeover targets, refinancing
of large Australian assets, preparing client presenta ons
on various areas of corporate law, analysing informa on
from the AGM season of ASX-listed companies, share
buy-backs, and sales of business. Working in a rela vely general area of law meant that the constant engagement with more specialised prac ce groups, the variety
of work, clients and subject ma er always kept things
interes ng.
The M&A team at Allens is part of our Corporate pracce group, which also encompasses our Funds Management and Technology, Media & Telecommunica ons
teams. During my graduate year, I also had the opportunity to assist on ma ers with both of these prac ce
groups, which was par cularly helpful in broadening my
exposure to different clients and types of work. It also
allowed me use the generalist skills I had developed in
M&A (some mes without realising!) in more specialised
areas.
Whilst I found my Commerce background was useful, it
was certainly not a necessity in helping me grasp some
of the concepts. An enjoyment of Corpora ons Law
or any related subjects also tends to hold you in good
stead, as you find yourself pu ng the legisla ve framework into prac ce on most days. Perhaps most important is a simple awareness of what was on the front page
or in the Street Talk sec on of the Australian Financial
Review. This can prove to be a source of some of your
most exci ng moments in your legal career, like when
you see a ma er that you’ve worked on splashed on the
front page (and the frustra on you feel when you realise
your confiden ality obliga ons mean you can’t tell your
friends!).
Allens has a strong emphasis on each lawyer’s learning
and development. As a junior lawyer in the M&A team,
we have weekly training sessions with a Special Counsel to get us up to speed on various areas of the law,
including on takeovers, fundraising and schemes of arrangement, obliga ons imposed by ASIC and con nuous
disclosure obliga ons. Beyond this specialised training,
the na onal training course undertaken by all Allens law
graduates involves detailed workshops, where you have
to nego ate mock sales of shares and assets – this always seems to end up with at least some members of
the grad group ge ng rather fired up.
I’ve also had the opportunity to apply the skills I’ve developed in my graduate year in M&A doing work for pro
bono clients. This has involved dra ing cons tu ons,
no ces of mee ng and minutes of director and general
mee ngs for several non-for-profit organisa ons, assisting incorporated associa ons with their adap on to recent changes in legisla on, liaising on their behalf with
ASIC and the new Australian Chari es and Not-for-profits
Commission and just generally assis ng pro bono clients
understand their legal obliga ons. Such work has proven
really rewarding, and helped develop my dra ing, allowing me to have more direct client contact and to take on
greater responsibility.
Having just finished up my rota on in M&A, and moving
to a more specialised prac ce group, I’m only just now
beginning to appreciate the value of having had a solid
s nt in a general area of law. M&A ma ers can involve
76
intellectual property, environment, compe on, nave tle and banking and finance at any one me, and
to understand how all the pieces of the puzzle fit together is an invaluable skill. The hours can vary more
than the average prac ce group, but that’s just part of
working in any transac onal team. Other than the interes ng work and the great people, an M&A experience is a great founda on for any career in commercial
law.
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K&L Gates
Sam Jackson | Senior Associate
John Monroe | Lawyer
The K&L Gates Labour, Employment and Workplace Safety group, or “LEWS”, is one of the largest and most experienced employment and safety groups in the country,
with 13 partners and a team of over 27 lawyers across
our Melbourne, Sydney, Brisbane and Perth offices. Our
team was awarded Employment Law Firm of the year in
the 2012 ALB Awards and has been recognised by Chambers Asia-Pacific as a leading prac ce in the area. We
have an impressive global presence, with over 170 lawyers across 48 offices in Australia, the US, the UK, Asia,
Europe and South America.
The Australian LEWS team acts for a wide range of medium to large employers, government bodies and insurers
on the full spectrum of industrial rela ons, employment,
discrimina on and workplace safety ma ers.
Our task is to deliver prac cal outcomes for our clients
while considering in detail the legal and commercial implica ons. The best part of joining the K&L Gates LEWS
team is that even as a seasonal clerk or graduate, you will
play a key role in assis ng us to develop those prac cal
outcomes for clients. As a junior member of the LEWS
team, no two days will ever be the same. By the very
nature of our work, each ma er is different and raises
a wide range of legal, commercial, interpersonal and
organisa onal issues. Our ma ers are generally smaller
than other groups in large commercial law firms meaning junior lawyers are given more responsibility earlier in
their careers. Graduates and seasonal clerks are involved
in all aspects of our prac ce, and common tasks may include:
a
b
c
d
reviewing and dra ing workplace policies, employ
ment contracts and contractor agreements;
assis ng with the prepara on of and a ending presentaons for clients in rela on to bullying, discrimina on,
performance management and workplace safety;
a ending client mee ngs;
dra ing court documenta on including witness state-
W
ments, affidavits, submissions and pleadings;
e a ending Court and Fair Work Commission hearings;
f a ending media on and concilia on conferences at
various Courts, the Fair Work Commission or one of the
State or Federal an -discrimina on commissions;
g conduc ng research on complicated or unique areas of
the law and preparing research memo’s for more senior
lawyers and partners;
h contribu ng to the prepara on of advice work;
i assis ng with the conduct of workplace inves ga ons;
j a ending a client’s workplace in rela on to a workplace
safety ma er;
k dra ing client “Legal Insights” and internal knowledge
development material;
l involvement in major li ga on processes including discovery and document reviews; and
m interac on with our Corporate and Transac onal team
in rela on to the employment and/or workplace safety
aspects of transac ons.
Employment and workplace safety is considered by
many to be the broadest and most varied area of law to
prac ce in. Our ma ers are likely to expose you to elements of almost every area of law prac ced at commercial law firms (and some that are generally not) including
li ga on, advisory work, transac onal work, contracts,
Corpora ons Act compliance issues, administra ve law,
cons tu onal law and criminal law (both in employee
fraud cases and workplace safety prosecu ons). Many
lawyers are also drawn to the employment and workplace safety area because of its poli cal focus or because
of the people-focussed nature of the work.
To prepare yourself to undertake a graduate rota on or
seasonal clerk placement in the LEWS team, it would assist if you have completed a labour law or similar course
at university. However, this is certainly not absolutely
necessary as many of the skills that make a great employment lawyer can be learnt on the job.
In fact, our area of the law changes so regularly that often by the me you prac ce in the area, the course content is no longer relevant (but that is one of the things
we love about this area!).
THE RIGHT PLACE TO BUILD YOUR CAREER
With so many law fi
firrms too choose from, join the one that re
eally is different from
the ottherrs. K&L Gates have double
ed in
n size in the last decade. You don’tt do that by
waiting for someeonee to show you the way.
At K&L Gates we are a global community of entrepreneurss and self-starters, we
come up with bigg id
deas and
d then rolll up our sleevess to get the job done. Our peoplle
are nim
mble and ambitious with a high level of integrity, resolve, and strength
of character. Wee aree at th
he foorefront of the issues afffecting our clients an
nd are
committeed to creeating tailoored pro
oductts that bring crosss-d
disc
ciplinary ca
apabilities to
our clients in ordeer to meeet emerging needs.
Think you’ve got what it takes?
At K&L Gates you can make a differrence, lead the
e way and let your innovation shiine.
Want to know moore? Visiit klgattes.c
com or follow us at
faacebook.ccom
m/klgattesgraduaterrecruiting
gau.
fact
15/20 of our LARGEST CLIENTS used lawyers in ten or
more of our offices.
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Maddocks
Sana Gelic | Kris n Richardon |Simon Thompson
The clerkship experience
As a seasonal clerk at Maddocks, you will get the opportunity to spend a fortnight in two of Maddocks’ prac ce
groups. If you are especially lucky, you will get to spend
some of that me in the Public Law team!
The Maddocks Public Law team specialises in a variety
of areas within the public/government sector, including
planning, environment, state and local government advisory, land valua on & compensa on, and compliance
& enforcement. Our clients include local councils, statutory bodies and state and federal government departments.
So what could all that mean for you? It means that during your clerkship, you might help to dra submissions
for a VCAT planning appeal, a end a barrister’s chambers
to help prepare for a valua on dispute in the Supreme
Court, or conduct important research for an advice to a
local council. You may also be taken to the Magistrates’
Court, County Court, Supreme Court or VCAT to watch
some of our lawyers in ac on!
The graduate journey
Being a graduate lawyer in the Public Law team exposes
you to a variety of legal work in a friendly, professional
and suppor ve environment. The team will allocate you
high level legal tasks very early on in your career. This is
an invaluable opportunity for junior lawyers because it
ensures you are engaged in the work and you are constantly being challenged.
Like all your other rota ons during your graduate year,
you will spend three months in the Public Law team. During your graduate rota on in the Public Law team you
will work in a range of areas, such as statutory and strategic planning, compliance & enforcement, governance,
as well as help to prepare for VCAT and court hearings.
During the ini al weeks you will a end vital training
sessions and the focus will be on understanding new
concepts and asking ques ons. Soon you will immerse
yourself in the work and you will find yourself prac cally applying what you have learnt. Before long, you will
be asked to assist with major cases. For example, you
may be asked to instruct a barrister at VCAT, assist senior
lawyers with running a court hearing or dra le ers of
advice to clients. While ini ally this may sound daunting, Maddocks’ suppor ve and collabora ve team environment will ensure you soon build your confidence and
enhance your legal skills.
During your graduate rota on in the Public Law team, you
will not only get to see what our public lawyers achieve
every day, but also get a chance to make a meaningful
contribu on towards great outcomes for our clients.
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Ashurst
Na ve Title
I studied na ve tle for about three hours during my law
undergrad. It was included in one lesson for a property
law course, but would not be a mandatory part of the
exam, we were told. As most people do, I took that as
code for ‘no need to study this’, and didn’t pay it much
a en on. At that me I didn’t think I would ever need
to know much about na ve tle. A few years later I was
appearing before a Federal Court judge arguing why my
client should not be struck off as a respondent to nave tle claim proceedings. I couldn’t have been more
wrong.
Today, na ve tle is a core part of my prac ce, and has
been ever since I became a lawyer in Ashurst’s mining
and energy team about six years ago. In fact, the nave tle work I did during my graduate year was the
main reason why I decided to become an energy and
resources lawyer. The na ve tle work I did in the first
few months of my legal career have shaped its direc on
since.
Since being exposed to na ve tle law in prac ce, I’ve
come to regard it as one of the most interes ng, intellectually challenging, and socially-relevant areas of law on
offer in a commercial law firm. It is an area of law that
can require you to dissect quite academic issues about
legal plurality and the interac on between an indigenous
system of law and the common law Australia inherited
upon sovereignty. On the other hand, na ve tle issues
can also have immediate prac cal consequences for our
clients, who are principally in the business of building big
things in regional parts of Australia where good rela onships with local communi es are crucial.
In my graduate and first two years as a lawyer, I worked
in Ashurst’s Brisbane office with the energy and resources team. We acted for a number of mining and energy
companies with opera ons across Queensland; from
Mt Isa, to Cape York, to Stradbroke Island and the vast
Central-West of the State. I was responsible for managing our clients’ par cipa on in the na ve tle claims
that were on foot across Queensland, which were slowly
making their way through the Federal Court determina-
on process. This meant I was frequently instructed to
appear at Federal Court direc ons hearings in Brisbane,
and was o en asked to travel to exo c des na ons like
Charleville, Townsville and Cairns, to appear at regional direc ons hearings when the Federal Court went on
circuit. (If you don’t know where Charleville is, I can tell
you it is a long way from home.)
While managing around 100 na ve tle claims for a
dozen or so clients was a li le overwhelming at mes,
it gave me hands on li ga on experience that few other
non-li ga on lawyers in the firm had. The na ve tle
experience I gained in Brisbane helped me tremendously when the me came to move to Melbourne, as there
was li le demand for a Queensland energy and resources lawyer in Victoria. Since making that move, my nave tle prac ce has expanded to include work in every
State and Territory in Australia, and I have acted for a
broader class of energy, resources and infrastructure clients, while s ll maintaining a strong foothold in the East
Coast mining and energy prac ce.
You might think that na ve tle is a rela vely unimportant area of law for the clients of a large, commercial
firm like Ashurst. In reality, na ve tle, and the related
fields of Indigenous cultural heritage and Aboriginal land
rights law, is likely to affect any client whose business
involves doing things in remote parts of the country or
on public land in urban centres. For clients of our energy, resources and infrastructure prac ce, na ve tle is a
fundamental part of the project development work that
we help them with.
That work is not limited to represen ng clients in na ve
tle claims. The majority of work we do in the na ve
tle and indigenous land law space involves nego a ng
agreements with indigenous groups and advising clients
on the poten al na ve tle approval requirements for
their projects. We are always working closely with the
public rela ons or stakeholder engagement teams within our clients, and working through na ve tle approval
ques ons with government solicitors and officials. Clients also come to us to help them develop their own
policies on indigenous rela ons issues, and to help them
cra arrangements with indigenous groups to facilitate
cultural, employment and commercial opportuni es.
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The significance of the human rights of indigenous
peoples under interna onal law is becoming an increasingly ac ve and interes ng part of the advisory
work that we do.
While na ve tle is itself somewhat of a niche area, it
is always engaged through ac vity under other State
or Commonwealth legisla on. This means that na ve
tle ques ons can arise in almost any legal context
that involves doing things on the ground, and present a diverse spectrum of issues. Na ve tle, and the
broader energy, resources and infrastructure field,
would be a good opportunity for graduates interested
in working in the major projects space who have an
interest in stakeholder rela ons and corporate social
responsibility issues.
Firm profile
About us
Areas of legal practice
Ashurst is a leading global law firm. We advise Australian
and international corporations, financial institutions and
government clients.
Our Australian office practises in over 30 different service
areas including:
We have 28 offices in 16 countries including associated
offices in Jakarta and Jeddah, and a best-friends
referral relationship with an Indian law firm. With over
420 partners and 1,700 lawyers, we offer the international
insight of a global network combined with local market
knowledge and expertise.
Our clients can access deep local knowledge and on-theground support wherever they do business from people
they know and trust. We build teams that are specific
to our clients’ needs, combining specialist legal skills,
industry experience and regional know-how.
We have a track record of successfully managing large and
complex multijurisdictional transactions and projects. Our
focus is on getting to the heart of our clients’ legal needs
and delivering practical, commercial solutions.
Our clients
We are a full service commercial law firm advising major
corporations and government clients across key sectors
including financial services, energy and resources, projects
and infrastructure.
Our clients include 73% of the top 100 ASX companies and
93% of Australian companies in the Forbes Global 2000.
We have the privilege to advise on some of Australia’s and
the world’s largest and most complex deals.
• Banking & Finance
• Commercial Property
• Competition
• Construction & Infrastructure
• Corporate
• Dispute Resolution
• Employment
• Energy & Resources
• Environment
• Government
• Hotels, Leisure & Gaming
• Intellectual Property
• Mergers & Acquisitions
• Native Title
• Project Finance
• Restructuring & Insolvency
• Tax
• Technology, Media & Telecommunications
Recognition
• 164 lawyers recognised as leading individuals – Best
Lawyers Australia, 2014
• 15 partners recognised as ‘Lawyers of the Year’ – Best
Lawyers Australia, 2014
• Band 1 in 9 areas of law – Chambers Asia-Pacific, 2014
• 106 lawyers recognised as leading individuals
– Chambers Asia-Pacific, 2014
• Australian Deal of the Year – ALB Australasian Law
Awards 2012
What we look for
To achieve our vision of being one of a small number
of Global Elite law firms, we need ambitious people
delivering quality solutions for our clients. The key
to our success is lawyers who continually develop
their skills and their careers, with a commitment to
quality, the highest professional standards and a
collaborative mind-set.
www.ashurst.com/graduates
Australia Belgium China France Germany Hong Kong SAR
Indonesia (associated office) Italy Japan Papua New Guinea Saudi Arabia Singapore
Spain Sweden United Arab Emirates United Kingdom United States of America
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Hall & Wilcox
Natasha Toholka | Special Counsel
If you are looking for a career which combines both front
and back end work, which is technically challenging and
can lead to rewarding client rela onships, then this is the
field for you.
An insolvency and restructuring prac ce can incorporate
the following:
•
personal insolvency (e.g. bankruptcy, personal
insolvency agreements etc);
•
corporate insolvency (e.g. voluntary adminis
tra ons, liquida ons, receiverships);
•
restructuring (with or without a formal insol
vency appointment).
Clients include insolvency prac oners (who are generally registered or Official liquidators/bankruptcy trustees), secured creditors (e.g. financial ins tu ons), unsecured creditors and debtors.
Just like other areas of law, firms generally split along
creditor and debtor prac ces, although there can be
cross-over.
Insolvency prac ces are generally counter-cyclical, that
is, when the economy is booming, work can slow in the
insolvency profession. However, when the economy
turns, insolvency prac ces come into their own.
Prominent insolvencies in the last few years include
managed investment schemes (e.g. Timbercorp, Gunns),
mining services and engineering firms (e.g. Has e) and
construc on firms (e.g. St Hilliers).
Working in insolvency means that you see a wide range
of fact situa ons and gain exposure to a large number
of industries. No two files are the same. There can be
cross-border insolvency issues and interac on with foreign insolvency prac oners. There is o en a substanal element of problem solving involved and there are
s ll many unresolved legal issues which require tes ng
via the courts. Recent High Court of Australia decisions
in this field include: Fortress Credit Corpora on (Australia) II Pty Ltd v Fletcher [2015] HCA 10 (orders under
R
S588FF(3) of the Corpora ons Act 2001 to extend the
me within which a company’s liquidator may apply for
orders in rela on to voidable transac ons), and Korda
v Australian Executor Trustees (SA) Limited [2015] HCA
6 (inten on to create a trust, with impacts on secured
versus unsecured creditors).
Insolvency and restructuring law at its best is technical,
challenging and interes ng. A successful career requires
planning and commitment to further study. However,
do not be put off if you don’t have an accoun ng or
business degree. There are many Masters level subjects
offered by various universi es, and I highly recommend
the Insolvency Educa on Program (IEP) run by the Australian Restructuring Insolvency and Turnaround Associa on (ARITA). The IEP comprises two Masters level
subjects in personal and corporate insolvency and successful comple on of the IEP is a prerequisite for ARITA
membership. Workshops are held during semester with
the opportunity to network at these with your insolvency peers. ARITA represents the majority of insolvency
prac oners in Australia and membership provides valuable networking and con nuing professional development opportuni es for those in the industry. Check out
the ARITA website for useful informa on regarding the
insolvency profession, case updates and fact sheets for
stakeholders at: h p://www.arita.com.au/.
Another industry body to check out is the Turnaround
Management Associa on: h p://www.turnaround.org.
au/.
Other useful web resources include: ASIC (corporate insolvency - h ps://www.asic.gov.au/) and the Australian
Financial Security Authority (AFSA) (personal insolvency
- h ps://www.afsa.gov.au/).
Taking the me to speak to a prac oner in the field if
you are interested in pursuing this area makes a lot of
sense, as does securing work experience in an insolvency/restructuring department (whether at a law firm, or
for those with commerce/business degrees - in an accoun ng/business advisory prac ce with an insolvency/
restructuring group).
Good luck!
www.hallandwilcox.com.au
Melbourne
Sydney
www.hallandwilcox.com.au/careers
Our Seasonal Clerkship Program provides a deep insight into life at Hall & Wilcox with exposure to real
work on real files. We offer Summer and Winter Clerkships of three weeks each.
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Criminal Law
Tara Hartne | Barrister
Many people assume working as a criminal barrister
is exci ng or even glamorous. It is not. It is hard. It is
also stressful, unrelen ng, challenging, unpredictable
in terms of the type of work and emo onally draining. I
love it. I can’t imagine doing anything else!
My road to the Bar was rather unusual. I recall having a
vague interest in the legal system when I was at school
however in my later years I got distracted from my studies and just managed to pass my final year. I visited the
local Magistrates’ Court for a school excursion when I
was about sixteen. What I saw must have sparked some
sort of interest because I con nued to a end various
courts in school holidays to watch proceedings.
A er finishing school, I applied for a job with the Attorney Generals Department as a Clerk of Courts, later
known as a Deputy Registrar. This posi on gave me invaluable exposure to the workings of the Magistrates’
Court, and to a lesser extent, the Criminal Division of the
County Court. I was studying an Arts Degree part me
at night and working in the Court during the day. My
interest in law, par cularly criminal law, increased and
ul mately I transferred into law.
My work as a Deputy Registrar put me in contact with
many criminal defence prac oners and at the conclusion of my studies I was offered Ar cles at Galbally and
O’Bryan in the criminal sec on of the firm. The opportunity was extraordinary and I look back at the five years
at that firm with great fondness and apprecia on of the
opportuni es I was given and the their ongoing support
since I have been at the Victorian Bar.
In 2000, Victoria Legal Aid was expanding their Public Defenders Unit and shortly a er that I commenced working
as an Associate Public Defender. This was an important
stepping stone prior to coming to the Bar, and again I
obtained valuable experience during my me at the Unit
working with incredibly hard working colleagues doing a
wide range of work in various jurisdic ons.
I signed the Bar roll in 2003. The work, the people I act
for, and the people I work with, con nue to inspire and
challenge me. Each week is different. Each day is different. Work as a criminal barrister would not suit everybody. It requires a degree of compassion, empathy and
someone with a social conscience. It requires an ability
to communicate effec vely with a diverse range of clients, prosecu ng agencies in various jurisdic ons, members of the judiciary and various agencies a ached to
each jurisdic on. It is demanding and it requires hard
work. It is also incredibly rewarding, par cularly helping
disadvantaged or young people who become involved in
the criminal jus ce system. Somewhat sadly, there is a
role for criminal barristers in our community and I am often humbled by the experience of performing that role.
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Commercial Law
Alan Sandbach | Barrister
1 Can you briefly outline and describe your areas of pracce?
and assistance to colleagues whenever sought. The
greatest challenge arises from the need to meet the demands of cases as they arise and the fact that those demands are never even.
4 Why did you choose to prac ce in commercial law?
General commercial law encompassing contractual,
banking, property and corpora ons ma ers.
2 Why did you become a barrister?
The challenge of carrying the ul mate responsibility for
presenta on of cases and the sa sfac on derived from
working as an advocate. The independence and flexibility of prac ce as a barrister are also a rac ve aspects of
working at the Bar.
3 What do you find most rewarding about being a barrister? What do you find most challenging?
The most rewarding aspect of prac ce at the Bar is the
unique combina on of collegiality and individual responsibility which comes with the structure and organisa on
of this branch of the profession. There is a long established tradi on which is s ll upheld of providing advice
As a young barrister I prac ced in a wide variety of areas. The frequency with which I was offered commerical
work increased over the years. The variety and intellectual challenge offered by commerical work sustains my
interest in that field.
5 What advice would you give law students who are interested in working at the Bar?
Most barristers are very happy to share their experiences with law students at first hand. I would strongly recommend that all law students interested in working at
the Bar take the opportunity to spend me in chambers
with barristers prac cing in a variety of areas so that
they may see directly the challenges and benefits that
go with prac ce as a barrister. The best way to ascertain
whether prac ce at the Bar is a good career path is to
work in chambers with prac sing barristers and follow
some of their cases in Court.
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Kelly O’Dwyer | Member of Parliament
1 Can you tell us a li le about yourself?
I grew up in Emerald, in Victoria’s Dandenong Ranges
and a ended Presbyterian Ladies College in Burwood
before comple ng my Arts/Law degree with Honours in
Law at the University of Melbourne. I completed my arcles at Freehills and subsequently went on to prac se
there in mergers and acquisi ons law for a number of
years.
A er leaving Freehills, I worked as a Senior Adviser for
Treasurer, the Hon Peter Costello AC. My areas of responsibili es included corpora ons law, compe on
law, banking, foreign investment and microeconomic reform, amongst others.
In 2007, I joined the team at the Na onal Australia Bank
and was responsible for building a new business area.
Following the re rement of the Hon Peter Costello AC in
2009, I successfully ran for preselec on, and was elected to represent Federal seat of Higgins. I have served in
the Parliament as Chairman of the House Standing Commi ee on Economics which has oversight of the Reserve
Bank of Australia. Most recently I was sworn in as the
Parliamentary Secretary to the Treasurer on 23 December 2014.
2 What does a Member of Parliament do?
As the Federal Member for Higgins and the Parliamentary Secretary to the Treasurer, I have responsibili es both
in my local area represen ng the views of my cons tuents in Parliament, as well as assis ng the Treasurer with
the Treasury Por olio.
As Parliamentary Secretary I am responsible for several key areas including the Intergenera onal Report, the
Australian Bureau of Sta s cs, currency and coinage, to
name just a few.
3 Can you briefly outline what a typical day involves?
What type of legal work do you primarily do?
Typically I have mee ngs throughout the day with cons tuents, Treasury, various stakeholders and my staff regarding issues they have raised or ongoing policy issues. I
o en appear on Sky’s AM Agenda, Radio Na onal, ABC’s
Q&A and other TV and radio programmes. Un l my new
role as Parliamentary Secretary to the Treasurer I wrote
regular columns for the Australian Financial Review. I
also speak at community events, think tanks and policy
forums such as the Centre for Independent Studies and
the Commi ee for Economic Development of Australia.
4 What aspects of your job are the most engaging, and
what aspects are the least engaging?
As a member of the Coali on Government, I am commi ed to delivering genuine choice in health, educa on
and aged care and a truly sustainable future; focusing on
equality of opportunity, not equality of outcomes; and
ensuring that we provide a safety net for those in genuine need whilst not crea ng disincen ves to work and
be self-reliant.
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I have always had a passion for helping others – parcularly looking a er those who need extra help. As a
former Member of the Victorian Advisory Council for
Camp Quality I am acutely aware of the struggles some
families face when their children are terminally ill. This is
also why I am commi ed to suppor ng Very Special Kids,
a children’s hospice in my electorate, which caters for
terminally ill children and their families providing endof-life care.
From a policy point of view, I am par cularly interested
in Australia’s Foreign Investment Framework – as Chairman of the House of Economics Standing Commi ee on
Economics last year, I chaired a review into the foreign
investment framework as it applies to residen al real estate in Australia.
Most importantly I recognise that the decisions that I
make and help shape have an impact not only today, but
tomorrow.
As such it is cri cal that these decisions stand the test of
me and are always future focused.
5
Looking back at your own experiences, what ps can
you provide students looking to enter your field of
prac ce?
Follow your passions – doing so will provide amazing opportuni es. Make the most of those opportuni es. Work
hard and never forget the great privilege you have been
given to be of service to others.
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Department of Health
Maia Mantello | Senior Solicitor
1 Can you briefly outline what a typical day involves?
What type of legal word do you primarily do?
I am a senior solicitor of the Legal Branch of the Victorian
Department of Health. Unlike many solicitors, I have little or no direct contact with the general public. My client
is represented by other employees within the Department of Health who are usually engaged in some form of
regula on or service delivery.
In common with most solicitors, my day involves a combina on of phone calls, conferences, checking and writing emails and wri ng lengthy advices. My legal work
involves wri ng memoranda of legal advice, dra ing
documents, regula ons and wri ng dra ing instruc ons
for bills. (Dra ing instruc ons can involve an explana on
of policy and statutory interpreta on in order to explain
why an amendment is required.) Also, I manage li gaon files that are in response to applica ons and reviews
under the provisions of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997.
2 What aspects of your job do you find the most and
least interes ng?
I find that I deal with a large range of legal issues across
the health por olio, for instance from the needle and syringe exchange program, cemeteries and crematoria, to
duty of care and elder abuse. My work in this context can
range from preparing Governor in Council documents,
dra ing protocols to providing advice on the implicaons cloud compu ng products for the Department. I
enjoy working closely with a range of legisla on, and I
find sa sfac on in knowing indirectly my work contributes to the public health of the community.
3 Conversely, I find working in a large bureaucracy,
which is process driven, frustra ng at mes?
3. Could you tell us about how you began working for
the Department of Health? What a racted you to the
idea of working for the public service?
I found the condi ons, the flexibility, the variety of work
on offer and the opportuni es available in the public service very a rac ve. I was working in the Department of
Human Services at the me it divided into two separate
Departments in 2009. I chose to work in the newly created Department of
Health because I had an interest in public health issues.
4. Looking back at your own experiences as a public
servant, what ps can you give to students looking to
work in the Victorian public service?
It is important to look out for opportuni es within and
beyond your workplace, whether it be
addi onal seminars, courses or a secondment to another team. Con nuing to maintain and engage
with a wide professional network both within and outside the public service is advisable. Lastly, se ng and
regularly reviewing personal and professional goals is
also recommended.