THE 2014
MONASH LSS
LAW GUIDE
THE 2014
MONASH LSS
Acknowledgements
Lynton Brooks
Director of Education
Aneesh Tiwary
Publications Officer
Alexandra Lane
Carl Buhariwala
Helen Yu
Sarah Glynn
Education Sub-Committee
LAW GUIDE
CONTENTS
Editorial6
Dean’s Address
7
President’s Address
8
STUDYING LAW
11
Finding the Inside Lane: How to Get Ahead in Law Studies
Tips for Law Assignments and Legal Research
Tips for Law Assessments and Exams 2015 Curriculum Review
Curriculum Review: Proposed Course Map
Student Tutorial Program and Revision Seminars
Exams Skills Seminar
First Year Crash Course
Monash University PASS Program
Study Support from the Law Library
Resources for International and Exchange Students
Time Extentions, Exam Deferral, Special Consideration and Remission of Debt
Failed Assessment
Student Perspective: Turning Things Around
Academic Progress Committee
Plagiarism and Collusion
Faculty Disciplinary Committee
Coping with Stress, Anxiety and Depression
LSS Health and Wellbeing Inititatives
Disability Liason Unit
12
16
18
20
21
22
23
24
25
26
27
29
31
32
33
35
36
38
39
41
CHOOSING YOURELECTIVES
43
LAW5122 Competition Law
LAW4199 International Laws of Armed Conflict
LAW4163 Parents, Children and the State
LAW4137 Legal Philosophy
LAW4537 Public Policy, Regulation and the Law
LAW5152 Taxation Law and Advanced Taxation Law
LAW4244 Construction Law
LAW4140 Media Law
LAW4164 International Refugee Law and Practice
LAW5128 Succession Law
44
45
46
47
48
49
50
51
52
53
GETTING THE MOST OUT OF YOUR DEGREE
Clinical Education Units
Student Perspective: Professional Practice
Student Perspective: FLAP
Negotiation and Mediation
Student Perspective: Negotiation and Mediation Trial Practice and Advocacy
Student Perspective: Trial Practice and Advocacy Law Reform and Community Development Volunteering Opportunities: Model United Nations
Volunteering Opportunities: Community Legal Centers (CLCs) 4
55
56
58
59
60
61
62
63
64
65
66
Volunteering Opportunities: The Prison Legal Education & Assistance (PLEA) 67
Study Abroad Opportunities
68
Student Perspective: Prato Program
69
Student Perspective: Malaysia Program
70
Student Perspective: Going on Exchange
71
Student Perspective: Going on Exchange
72
Debating73
Mooting74
Intervarsity Mooting
76
Student Perspective: Mooting
77
Negotiation Competition
78
Student Perspective: Negotiation Competition
79
Client Interview Competition
80
Student Perspective: Client Interview Competition
81
Witness Examination Competition
82
Student Perspective: Witness Examination
83
Paper Presentation Competition
84
Monash Law Review
85
Social Justice and Equity
86
Maddocks High Achievers' Program
88
Monash Ambassadors Program
89
Ancora Imparo Program
90
Peer Mentor Program
91
LSS Peer Mentor Program – Student Perspective 92
Just Leadership Program
93
Research Practicum
94
Research Units
95
Honours Program
96
Student Perspective: Honours
97
Masters Electives
99
Masters of Law Program
100
Student Perspective: Further Study
101
LSS Social Activities
102
FROM UNIVERSITY TO A CAREER IN LAW
105
Where Can My Law Degree Take Me?
Careers in Social Justice
Perspective: Commercial Law
Perspective: A Career at the Bar
Perspective: Government
Perspective: Public Policy
Perspective: Consumer Action Law Centre
Asylum Seeker Resource Centre
Perspective: Judge's Associate
Perspective: Careers outside the Legal Industry
Career Services offered by the LSS
The Criteria for Being Admitted to Practice as a Lawyer
Applying for Clerkships
Law School Road Map
Traineeships and Practical Legal Training
Pratical Legal Training (PLT) Providers
Reflections of a Recent Law Graduate
106
107
108
110
111
112
113
114
115
116
117
118
119
120
121
122
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5
Editorial
Dean’s Address
By Lynton Brooks
also like to thank the Monash Faculty of Law and Professor
Bryan Horrigan for their generous support which made this
print edition of the Law Guide a reality.
Director of Education, Monash Law Students’ Society
By Professor Bryan Horrigan
or work for governments, contribute to public policy and
advocacy, consult to the legal profession and business, train
the next generation of lawyers, and make a difference to
social justice globally, nationally, and at home.
Dean of the Faculty of Law
Welcome to the Monash Faculty of Law to all of our new
students and your families! You are joining a world-class
law school with a proud history and demonstrated record
of excellence in teaching, research, and service. We educate
lawyers for careers across the globe and undertake research
that makes a difference to Victoria, Australia, and the world
at large. You know already that your place in the Bachelor of
Laws (LLB) degree reflects your own hard work at school
or university studies to this point. It is also a reflection
of the tremendous support that you have received from
your family, friends, and others who have supported you
in reaching this point. We are confident that you will find
academic and professional staff in our Faculty who are just
as committed to your legal education, personal welfare, and
university experience.
With such a wealth of information available to students, it
can sometimes be difficult to fully appreciate the breadth of
opportunities and pathways that are open to Monash Law
Students. The Law Guide was borne out the idea that there
should be single, comprehensive directory of resources
for students that showcases the vast variety of programs,
services and initiatives that law students can partake in and
experience throughout their time at Monash. While this
Guide in no way exhaustively covers everything there is to
see and do while at university, we hope that it can provide
students, both new and old, with the knowledge and the
inspiration needed to make the most of the opportunities
available to them. At the Monash Law Students’ Society,
we want to ensure that you graduate not just with a world
class legal education, but also with memories, friendships
and experiences that will follow you into the future.
In all of this you will have the tremendous support of the
Monash Law Students’ Society (LSS) behind you throughout
your law degree. It is one of the most active law student
societies in Australia. The Faculty of Law supports and
works closely with the LSS in its support of you, through a
wide variety of academic, social, and career-oriented events,
as well as governance roles within the Faculty.
In the end, you will make lifelong friendships and hopefully
emerge with a qualification that you can use in a wide variety
of legal and other careers in government, law, business, and
the community at large. We hope that you will become a
part of the ever-growing alumni of the Faculty of Law,
who now occupy some of the most prominent positions
amongst the judiciary, bar, law firms, and other occupations
in Victoria and elsewhere. As the Faculty of Law celebrates
its 50th anniversary this year, we are mindful of the living
chain of past and present students, staff, and friends of the
Faculty, who you now join.
You will find the transition from your previous studies to
law challenging on many levels, whether you are coming
to us straight from school, another course here at Monash
University, or even another institution. You will need to
learn the concepts and language of law and justice, as well
as their institutional and social dimensions. You will need
to develop skills of legal literacy, including legal knowledge,
analysis, research, advocacy, and many other essential legal
skills. You will need to understand, analyse, and critique the
values and practices of the law, and develop an appreciation
of professionalism and an ethic of service that underlies
careers in the legal profession and beyond. Finally, you will
need to develop skills that are as necessary for university
study as they are for life-long careers, such as electronic and
print-based research skills, time and project management,
communication and writing skills, and interpersonal skills
such as teamwork.
The Law Guide has been divided into four main sections:
1.Studying Law: This section is all about the academic side
of your law degree. It includes tips and advice for your
law studies, as well as highlighting some of the academic
services and resources offered by the Faculty of Law and
the Law Students’ Society.
2.Choosing Your Electives: This section profiles some of
the different elective units on offer to help you decide what
areas of law you might want to specialise in later in your
degree.
3.Getting the Most out of Your Law Degree: This section
canvasses some of the opportunities and pathways that are
available to Monash Law Students, including exchange and
study abroad programs, law competitions and volunteering
opportunities.
4.From University to a Career in Law: This section contains
information about life after graduation and how you can
best use your time at university to position yourself towards
your ideal career.
We welcome you to the community that is the Faculty of
Law in its landmark 50th anniversary year. It is a community
that I often describe as a community of academic and
professional staff, students and alumni, and partners and
supporters who are all committed to making a difference
to the human condition through law, social justice, and
professional and community service in Victoria, across
Australia, and throughout the region and the world. It is
also a community that you join for life, as you progress
through your studies on to your careers, becoming friends
and professional colleagues with many of the peers with
whom you commence your studies in law this year. We hope
and trust that these will be some of the most rewarding
years of your life.
Along the way, you will have tremendous educational and
lifetime opportunities during your time with us and across
the international network of Monash University campuses
and partner universities. Law students have the opportunity
to study at our campuses in Prato in Italy and Sunway in
Malaysia, or to undertake student exchanges and visits to
many other leading universities overseas. You have the
opportunity for work-situated experiences that show you
how law affects clients and otherwise works in real life,
through professional practice subjects at our Springvale and
Oakleigh legal services, student internships and clinics, and
other practical experiences.
If 2014 marks your first year at Monash Law, then I highly
recommend you keep this Law Guide as a handy reference
throughout your degree. The information within will be
invaluable in helping you plan your degree to ensure that
you maximise your university experience.
I would like to thank Alexandra Lane, Carl Buhariwala, Sarah
Glynn and Helen Yu for their hours of research that went
into sourcing and writing the articles for this mammoth
publication, as well as Aneesh Tiwary for his work in editing
and designing the Guide. The Law Students’ Society would
You will also have the opportunity to be taught by some of
the experts who write the leading legal text books, advise
6
7
President’s Address
By Tim Rankin
President 2014
Monash Law Students’ Society
occurred without the support of the members of the
Monash Faculty of Law who kindly contributed to this
Guide. In particular, I would like to thank Professor
Bryan Horrigan (Dean, Faculty of Law) for his direction
and financial assistance which ensured a hard copy of this
invaluable publication is available every first year student
in 2014. Universities across Australia envy the strong and
ongoing relationship between the LSS and the Law Faculty,
with Monash students reaping the benefits throughout their
degrees.
On behalf of the Monash Law Students’ Society (‘Monash
LSS’) it is my great pleasure to welcome you to the first
edition of the Monash Law Guide (‘Guide’). This Guide
builds on the successes of our previous Education Guide
and will provide you with a wealth of advice and information
to assist you throughout every stage of your law degree.
In the short term, you may be particularly interested in the
sections covering how to effectively study for law units
and how to access the free tutorial and revision services
available.
Ultimately, it is up to you to choose the path for your law
degree. However, I strongly encourage you to take the
opportunity to read this Guide in detail, as it will arm you
with the information to tailor your degree to your own
individual goals. The skills you learn, experiences you have
and friends you make while studying law at Monash will
last well into your career, whichever direction you choose
to take.
During your time at Monash Law School you will be
provided with a plethora of opportunities to apply your
respected and diverse skills to gain valuable experience.
This Guide will assist you in finding and taking advantage
of these opportunities, including practical legal experiences,
leadership opportunities and further study. At times there
may also be challenges and bumps in the road. This Guide
is intended to smooth those ‘bumps’ by providing you with
the information on where to find assistance and advice,
including comments from students who have encountered
the same difficulties.
Given the recent curriculum change, the Guide serves as
the best resource available for clear insights into the range
of subjects and academic opportunities offered during
semester. Within this publication you will find staff and
student perspectives on the many electives offered at
Monash - which will undoubtedly assist you as you begin to
map out your course progression.
This Guide concludes with a large section on the career
opportunities for law graduates, the criteria for admittance
to legal practice and some information regarding noncommercial career options. Importantly, the Guide includes
several profiles from current law graduates discussing which
opportunities seized on at Monash have assisted in the
transition into a career.
The 2014 Education portfolio have worked extremely hard
to bring you this accurate and relevant information which
will be invaluable to you as you complete your degree. I
would like to congratulate and acknowledge the tireless
work of Lynton Brooks (LSS Director of Education 2014),
Aneesh Tiwary (LSS Publications (Education) 2014) and
the entire Education Sub-Committee.
Further, the publication of this Guide could not have
8
STUDYING LAW
Finding the Inside Lane: How to Get Ahead in
Law Studies
By Patricia Hughes
Learning Skills Advisor
words. The headings of your summaries should reflect the
headings from the unit guides.
• Remember that notes are just that – shortened versions
of the original (with full sources including lecture details).
Your exam summaries are shortened versions of your
combined notes (lectures + readings + research).
(Includes contributions from Kay Tucker and Caroline Knaggs).
Doing well in your law studies is comparable to running a
race. As neither short cuts nor lanes are signposted, finding
the inside lane, or any other form of short cut, is difficult to
say the least. However the following tips might help:
Prove that you know the route.
• Provide evidence using the correct style (AGLC3 – see
the Law Library Guide on http://guides.lib.monash.edu/
law). Your evidence is legislation, cases and sometimes
secondary sources such as journal articles.
• Get to know the legal databases well so that you can use
them effectively to find the evidence you need without
wasting time.
• Don’t spend hours looking for a case that might not exist.
Double check in a different database. If the same sources
keep reappearing, these are the ones you should look at.
• Don’t forget to check a textbook or commentary service
for a head start on the important legislation and cases.
Then, update.
• Keep track of your references as you work on your
assignment. Do not leave it to the last minute – it can be
very stressful trying to find that crucial case, textbook or
journal article again!
• Discuss the alternative routes (but indicate your preferred
route, together with reasons for this).
Keep your eye on the judges – know what they
want.
• They want you to be enthusiastic about their subject areas,
so do the readings before you come to class. Otherwise
you’ll be left behind the starting gates, struggling to get
through the field.
• They expect a critical response to the issues raised (which
you find out about from the readings). They do not want
their words (either from the lectures or their published
research) regurgitated; they want your response to these.
Your response must be justified (in class, from the readings;
in exams and assignments, from the combined readings,
plus research).
• They expect you to follow instructions (especially in
assignments and examinations). Answering three questions
out of five means just that – not two, with a comment
‘Time’s up!’ Similarly a maximum of 2500 words for an
assignment does not mean tucking an extra 200 words into
the footnotes. Use the style guides – details matter! – and
the unit guides (study and reading guides are also available).
Hit the front by showing initiative.
• Prepare for lectures (see 1).
• Come to seminars (Library and LSS).
• Make contact with others (LSS, tutes, study groups).
• Ask Library staff for assistance. They can help identify
the most relevant resources for your assignment and help
you to use them effectively.
• Respond to the topic – don’t describe it, or talk around
it. Your profession demands that you give advice on legal
issues – start practising!
Know the route well – recognise signposts.
• In lectures, the signposts frequently indicate areas of
interest or even possible exam questions. Listen for clues –
mention of new case reports, new authorities, expressions
such as ‘and another important point here…’ deserve special
mention in your notes (a large exclamation mark, perhaps).
Use recognised note-taking styles so that you aren’t trying
to keep up with the lecturer’s words (nor listening to the
lectures until you know the words verbatim – see the second
point in 1).
• Use different reading strategies for different materials.
Some, like cases and legislation, will need detailed reading –
but only after you’ve identified the key ideas by skimming.
Then you’ll have a context for the materials. The key ideas
in a journal article are often found in the conclusion – read
that first before skimming the sub-headings and looking for
the thesis statement (which should be in the introduction).
That might be all you need to read!
• Use the reading notes and the lecture notes to build up
topic summaries during semester – you’ll need these for
the exams (see 8). Your own summaries are better than
anyone else’s – they show your understanding in your own
Display your sticking power – do assignments.
• These are excellent practice for establishing your
professional life; assignments display your meticulous
planning, researching and argumentative writing skills at
their best.
• Regard them as you would a long-distance race; success
goes to the strongest (and best prepared).
• Pace yourself – plan ahead to do well. A good answer
needs preparation time.
• Understand the question and prepare a tentative response
which may need moderating as your research deepens and
your argument strengthens.
• Your response to the question indicates your ‘position’
12
– do you agree with the proposal? Disagree? Why (not)?
To what extent? A generic question might be something
like this: ‘The recent changes to X regulations should result
in an improvement to Y situation.’ Discuss. You respond
by stating whether or not you agree, and to what extent,
then discuss both the pros and cons of the effects of the
changes. You will need to mention the present situation but
not focus on it. Be prepared to modify your position as you
work on the assignment.
• Use deductive not inductive reasoning, ie state your
position upfront (and at the beginning, followed by your
argument, then a firm conclusion reiterating your reasoning).
If you decide to use the opposite inductive structure (which
puts the evidence first, argument second, reasoning last),
tell the reader at the start and give good reasons why you
are using this pattern. The ‘default’ pattern of academic
argument is the deductive approach; if you chose to run
round the course in the opposite direction, don’t blame
your marker for wondering where you are!
• Focus on developing an analytical argument in response
to the question. Descriptive writing drawing heavily on texts
and lecture materials is unlikely to score well – set materials
help show you understand, but you have to show how this
material is relevant to the situation or possible outcome.
Keep reviewing your position.
• Your argument needs proof – go beyond the set texts and
find your own materials. Use databases to find legislation,
cases and current journal articles, and accurately reference
these to prove both your research credentials and your
argument’s strength. Use your own words as much as
possible; however avoid paraphrasing either cases or
legislation. Summarising and discussing their relevance and
significance is preferable (and you get more marks!).
• This approach covers both theory essays and legal
problem-solving answers, but these use different styles of
layout to organise the materials.
• For both, develop an argument explaining your position,
taking both sides into account. Do not be too dogmatic on
either agreement or disagreement – allow for dissenting
views (your lecturer will be sure to point them out!). Avoid
description – it doesn’t gain marks. Analysis, and how the
analysed material affects the argument, does.
• Organise your argument into clearly marked sections, and
use plenty of markers to keep your reader with you.
• The general organisation of your argument revolves
around the paragraph. The topic sentence usually comes
first for legal writing, elaborated in the rest of the paragraph.
One topic sentence, one major idea per paragraph. Don’t
switch lanes in the middle of a paragraph – you’ll lose your
reader.
• Clearly link your ideas within and between the paragraphs.
Use signposting terms to guide your reader through your
argument. Keep your reader with you.
• A major step between paragraphs indicates you need a
sub-heading. For legal problem-solving answers, you can
use a question-style heading (eg ‘Is the contract valid?) as
you will then answer this immediately. For other writing
tasks, use short statement-style headings that indicate your
argument (not the topic). One way to do this is to use a
‘why’ or ‘how’ question in your draft then change this into
a statement, eg in the draft, the question heading ‘Why
could these regulations have a negative effect?’ becomes
a statement heading, ‘Negative effects of the proposed
changes’ in the final version. Essays without sub-headings
do not score well (ditto for exams).
• Test your argument strength by pulling out the topic
sentences and arranging these in a separate document. Look
for logical development of ideas and the flow of reasoning.
• Set your finished work aside for a while to clear your mind,
then do a final check. Read it aloud to pick up grammar and
spelling mistakes, and to check the flow of ideas. Check and
double-check the referencing and the bibliography details.
• These steps take time! You’ll need more than one draft to
do these, and move your answer to a high grade.
• With practice, you’ll get faster, not to mention get better
results in all your work.
Demonstrate your winning class and style! Details
differentiate the winners!
• Use your own words, not someone else’s.
• Display your research skills – reference meticulously and
often.
• Find your own academic voice: paradoxically, it is built on
other voices. Your voice emerges from your own expression
– think of a musician interpreting a classical solo. Your own
‘voice’ is not referenced, so that it stands out from the other
‘voices’ being used to prove your position.
• Avoid direct quotes – quotes are used to emphasise your
ideas, not to fill the space on the page. Use them sparingly,
deliberately and effectively.
• Avoid paraphrasing legislation or cases – the originals
can’t usually be bettered. Summarise and comment instead
(with references, of course).
• Follow instructions exactly. Do not change the rules.
• Read and follow the assessment guidelines (they’re to
guide you before you hand in the work, not later).
• Present your work as professionally as possible. Check
your expression and referencing.
Study the form guide (aka feedback).
• Some vital assessment details are upfront – in the unit
reading guide. It’s no use reading about it after you’ve
handed in the task!
• Study the lecturer’s comments on your marked assignment,
or go to the review sessions of the exams. Prepare questions
to ask!
• Ask your tutor or lecturer for more feedback on how to
improve; preferably arrange this by email in advance.
• Bring expression, referencing or language queries to
the library advisors (subject librarians and learning skills
advisors) before you go to your lecturer or tutor.
Planning your run.
13
Doing the sprint events (aka exams).
CLEO or one of the many other ways of organising a legal
problem- solving answer!
• Can’t find any reference materials? Seek help at the
Library!
• Prepare your notes from the start of semester – prereading notes + lecture notes + further reading notes >
topic summaries > ‘issue’ summaries to be learnt.
• Your summaries are memory-joggers – good summaries
make good sense to the maker. Style is immaterial (as long
as they are summaries, not text books).
• You need to include legislation and cases in your
summaries to prove your points. Check with your lecturers
and tutors.
• Organise your answer under sub-headings; plan your
argument points. An organised answer is seen as a potentially
good one.
• Prepare an argument, not a one- sided rant. You must
address both sides of the issues and propositions.
• Make sure you distinguish between a legal problemsolving question and a theory question – they need different
structures.
• Acknowledge minor issues not covered – give a reason
for their irrelevance to the question.
• Don’t repeat the question, but do indicate which one it is
especially if you have a choice of topics.
• Leave space for alterations and additions – write on
alternate lines. Be kind to your marker!
• Follow the instructions and answer all questions. A pass
is easily achieved in the first half of the allotted time; after
that you’re applying polish. Three respectable lower grades
will give a better result than one good answer (unlikely to
be an HD though), one acceptable one, and nothing written
for the last one. You can’t get marks for what’s not there.
Ever heard of a winner who pulled out before the end of
the race?
All these (and many more) have been problems for other
students; use the support available or try some different
sources:
Brick, Jean, Academic Culture: A Student’s Guide to
Studying at University (2009)
Brogan, Michael and Spencer, David, Surviving Law School
(2nd ed, 2008)
Macken, Claire Law Student Survival Guide: Nine Steps to
Law Study Success (2nd ed, 2010)
Strong, Stacie I, How to Write Law Essays and Exams (3rd
ed, Oxford University Press, UK, 2010)
When in doubt, refer to the Law Library Guide (especially
the link to the ‘SurviveLaw’ blog – http://guides.lib.
monash.edu/law - it’s great.
11. You might sometimes feel lonely out there in front, but
remember that lonely is not the same as alone.
When in doubt, ask! Approach your lecturers, your tutors,
or the professional advisers in the Faculty and in the Library.
All free of charge! No cost involved!
Make the most of the opportunities. Enjoy your studies.
Accidents do happen, so be prepared for the
unexpected.
• Keep your own goals in mind – concentrate on the
endgame, but be aware of the other players. In the
workplace you will be expected to bring your own strengths
to the team, as well as being an independent self- motivated
worker. Identify your strengths and weaknesses, develop the
first and improve the second. Eg:
• Do you leave everything to the last minute? Can’t balance
your interests? Find out about time management techniques!
• Prefer verbally arguing your ideas to writing them? Join a
mooting team!
• Rely on others’ study material? Become an independent
learner!
• Have trouble settling down to study? Establish your own
study place!
• Do better in assignments than exams? Practise exam
techniques!
• Avoid assignments in favour of exams? Are you kidding?
Your working life will be assignment-style tasks, not exams.
Start sharpening your research and writing skills!
• Find you’re having trouble keeping up with your reading?
Learn about different reading styles for different texts!
• MIRAT doesn’t work for you? Find out about IRAC or
14
Tips for Law Assignments and Legal Research
discussion points or arguments. Always make sure to copy
the essential details of your sources. There is nothing
worse than seeing an interesting note you wrote down but
forgetting where it came from.
Analysing the task
Once you feel as though you have enough research to
start your essay, you need to start planning what you want
to write. Start by forming a contention or revising your
original stance on the topic. A common mistake is to start
writing without having a clear direction in mind. An essay
that simply surveys the different arguments for and against
something, or which only rehashes what has already been
said will not score well. You essay should have a purpose and
your aim should be to contribute to the body of knowledge,
rather than simply regurgitate it in your own words. Do not
be afraid to challenge the topic or the general consensus if
you disagree with it.
Finding resources
Law assignment questions can generally be divided into
two categories: broad questions that relate to a discrete
area of law (for example, ‘Does Australia need a tort of
privacy?’) and narrow questions that require you to respond
to a specific legal issue or case (for example, ‘On what legal
basis (or bases) is an object of a discretionary trust entitled
to access trust information?’). The first step in approaching
an assignment should be to work out what type of question
you are dealing with. Broad questions might require you
to narrow the question down to a specific area or example
of your choice. Narrow questions do not afford the same
flexibility, but the upside is that the scope of the question is
set up clearly for you.
It is best to start researching with books and journal articles
that give you a broader outline of the topic, the state of
the law and the current controversies or areas of ambiguity.
Before you can properly answer an exam question, you need
to understand the context from which the question arises.
Even though your research at this stage might not find its
way into your final essay, it is still important that you get an
appreciation for the topic at large at an early stage as this
can help guide your research later.
Journal articles are particularly useful for discovering what
the recent legal controversies are in a particular area of law.
Most journal articles will also provide a helpful summary
of the state of the current law in their opening paragraphs.
Just be sure to double check that the law has not changed
since the publication of the article or textbook! You can
also use the reference lists of textbooks and journal articles
as a launch pad for finding new resources.
Wherever possible, it is usually better to narrow the field of
the question. This means trying to discuss the question in a
particular context, or in response to one particular issue. If
you try to do a comprehensive coverage of the whole topic,
you will find that you will struggle with the word count and
your final essay may lack the detail and depth of knowledge
required to score a high grade. Your introduction is a great
place to explain how you plan to frame the question and
what issues you will and will not address in your answer.
Once you feel you have a solid grip of the topic area, you can
start looking at cases and legislation. This should form the
meat and bones of your assignment research. I recommend
that you stick to one case or piece of legislation at a time to
prevent yourself becoming overwhelmed. If you like doing
your research on a computer, try to limit yourself to one
browser ‘tab’ or ‘window’ at a time so that you can focus on
the case or legislation in front of you, rather than jumping
between different sources. The same can be said for your
day-to-day research. Try to stick to one particular area or
issue each day so that you can focus entirely on that issue,
rather than jumping to different parts of the topic.
Brainstorming discussion points
Before you can start researching the question, you should
consider what are some possible discussion points for the
question. For some questions, you might start by asking if
you agree or disagree with what the question proposes and
why (but be aware that your position may change by the end
of the assignment). You should start to brainstorm some
possible arguments for and against the assignment question.
One approach could be to write each of these discussion
points on a separate sheet of paper and then fill out each
sheet with information, cases, articles and passages that you
find which are relevant to that point. You may find that
those sheets end up forming the structure of your body
paragraphs in the final essay.
If you are new to legal research, consider speaking with a
Learning Skills adviser in the law library to learn the basics.
Broadly, you can find an excellent selection of journal
articles on the LexisNexis CaseBase or AGIS Plus electronic
databases. Cases can be found on the FirstPoint database
and LAWLEX is a great database for searching legislation.
All of these databases are accessible from: http://monash.
edu/library/databases/law.html (bookmark this address as
you will be using it a lot throughout your degree!)
If you are having trouble thinking up points to discuss, or
are unsure on what your position is on the topic, try looking
up some academic articles that advance a particular point of
view. This can give you a better idea of what views are out
there, and help you form your own opinions.
Organising our research and planning your
response
It is extremely important that you write down everything
interesting that you read as soon as you read it. It can be
tempting to follow one source into another but unless you
stop to write each interesting passage or fact down you can
quickly find yourself falling deeper into the rabbit hole.
Try to organise your research notes according to topics,
If the assignment is optional and you find that you are simply
not responding to the question at all, you should consider
whether it is worth completing the assignment. It is difficult
to write something that is interesting and informative when
you have no opinion on the matter.
16
good way of checking your essay is easy to read. A reader
with no knowledge of the topic should still be able to follow
your arguments. Lastly, it is also a good idea to have your
essay proofread by someone who disagrees with your point
of view. This can help to test whether your essay can stand
up to criticisms from those with opposing viewpoints, and
is a good way to identify any deficiencies in your logic or
reasoning.
Getting extra help
If you ever find yourself stuck on a research assignment,
the Law Library runs a number of drop in sessions which
are an excellent way to reignite your creative processes.
More information about the Law Library services can be
found later in this Guide.
Once you have settled on or revised your stance on the
topic, you should start by listing out the strongest arguments
you have for this position. Try to dot point at least four
or five key arguments. These will eventually form the body
paragraphs of your essay. Remember to leave room to
acknowledge and respond to any opposing views.
Writing your assignment
You may find it easier to start writing your body paragraphs
before your introduction. Often times, your stance on an
issue will change from when you started the assignment to
when you finished.
Starting your writing can often be the hardest part of an
assignment. You may find that you have hundreds of ideas
and arguments swimming around in your head, but you
have no idea how to start putting those ideas into words.
One strategy is to commit 30 minutes each day to writing
down a ‘stream of consciousness’ for a particular section of
your topic. Just write down everything and anything which
comes to your mind and ignore any rules of grammar and
spelling (this can be quite refreshing sometimes!). The main
purpose of this exercise is to get your ideas out of your
head and on to paper. Even if they look like a mess, you can
always come back to tidy them up later.
If you find yourself encountering writer’s block, you should
step away from the assignment for a few days. Do something
else to take your mind off the assignment question and when
you return you may feel more refreshed and energised.
Proofreading and editing
Proofreading and editing your assignment is essential for
two reasons. First and most obviously, it avoids embarrassing
spelling and grammar errors which can lower your grade.
Second, it can help to confirm that your arguments flow
logically. It is best to have someone other than yourself
proofread your work. Friends and family will be a lot better
at picking up errors than you will be. Having someone who
is not familiar with the topic proofread your work is also a
17
Tips for Law Assessments and Exams
By Cameron Royse
Monash Law Students’ Society Tutor 2013
from overlooking anything.
Then comes the third layer. How to actually write out
your answer! Many people have their own method and it is
usually a version of 'IRAC'. This method involves stating
the particular issue (I) you want to address, explaining the
legal rules (R) as they apply to that issue, including any
relevant legislation or case law, applying (A) the law to the
particular facts before you and finally reaching a tentative
conclusion (C).
M
ost compulsory and quasi-compulsory units
follow the same general formula when it comes to
assessment: a 100% exam with an optional assignment or
test, that counts between 20% to 40% of your score for the
subject. However there are also subjects which have tutorial
participation or presentation marks and this will generally
count 10%.
IRAC is a good starting point and you'll be expected to use it
in LAW1101 Introduction to Legal Reasoning. Experiment
with the IRAC method to see if it works for you – some
students may prefer to develop their own methods and
structures which fit better with their own writing style. I
urge students to speak to lecturers and tutors as well as
savvy students in the more senior years to show you 'HD
Responses' from past years or practice exams that a student
has written out to give you different ways on how to answer
problems. Then you can pick and choose from the bunch
and decide what works for you!
Open and Closed Book Exams
The first thing you may notice when reading under this
heading is that I've grouped my advice for closed and open
book exams together. I do this for a reason because in my
opinion, both should be treated the same.
Most exams follow the formula of two 'problem' questions
- questions which are based around giving advice to a party
based on a set of facts presented to you, and an 'essay' or
'policy' question - a question that generally invites you to
discuss an area of the law with a critical eye.
How to prepare?
The saddest thing is to be sitting next to a student in an
exam who has killed a forest only to realise that the 300
page set of notes he has stayed up late to write over many
nights are completely useless. I emphasise from the outset
that the shorter and more condensed your notes are, the
better they will help you when it comes to writing out an
exam regardless of whether it is open or closed book.
Problem questions
How to answer?
When I first sat down in LAW2101 Contract A I was under
a terribly misguided apprehension that problem questions
in law exams should be answered like I was closing a case
like Atticus Finch or Denny Crane. This is not the case.
Problem questions demand an unbiased and almost cold
approach on behalf of the student. This means that you
should be objective in your approach, always stating what
both sides will argue, however tentatively conclude which
argument will probably win in court.
Over the last three years if study I've developed a three
stage process:
1.Read over a summary text before going to lectures.
(‘Butterworths Tutorial Series’ are a good start)
2.Get a structure for the area of law you’re making notes
for as an outline of sorts. Then add to this through
summarising the notes from your lectures and flesh this out
adding important aspects from the cases in your reading
guide.
3.Summarise these notes and create an accessible version
of the great monster of notes that you’ve created in point
two.
How do we structure this? The first consideration is which
areas of the law you have to deal with. For example, in a
criminal law question, you might structure your answer
around the different crimes that have been committed,
while in a torts exam you might base your answer around
the different tortious actions that have occurred.
From there you are required to break down the law into
its elements. All lecturers at all levels emphasise that at
this point headings are essential. So for example in a
LAW2101 Contract A exam break down the elements of
what is required to have a binding contract and discuss
them separately under separate headings such as 'Offer'
or 'Consideration'. I like to number my headings and have
sub headings because it’s a useful memory trigger in closed
book exams, allowing me to break down the elements of
the law into numbers which when followed prevents me
From there it comes down to simply doing practice exams.
Regardless of whether the exam is open or closed book,
you should start practice exams with the notes at your side
and eventually get to the point where you don’t need them
anymore. I stress that actually doing the exams is a much
better way to absorb your notes than simply reading over
them with glazed eyes.
18
in tutorials. This will come from both your responses to the
practice problems from the tutorial guide as well as your
knowledge of the relevant law covered for the week.
Policy or Essay Questions
Most lecturers will repeat over and over again that the
words ‘policy question’ are misleading. They have a point.
Really, an HD response to a problem question will also have
elements of policy arguments threaded throughout.
One thing that is key to getting a good mark for this is to
talk as well as ask and answer questions. This seems to be
quite a task for a lot of students, so I urge all reading that
they come out of their shell and engage in the tutorials as
much as possible. That being said, however, you don’t want
to be that student who answers all of the questions and
dominates the room. Try and find a happy medium and
you’ll pass with flying colours.
A policy question focuses on a contentious case or area of
law and will usually invite you do form your own opinion.
Thankfully, the law is a stubborn beast and doesn’t change
too often, so questions from previous exams usually present
themselves again and again in different guises. It is for this
reason that you can actually prepare quite well for policy
questions.
In regards to preparing for tutorials, I have always found
that in following my three-stage process outlined above
sufficient preparation. Most of the time the problems or
stimuli for the tutorials are past exam problems so when
you have finished your ‘short notes’ and move on to writing
out past problems, the tutorial questions are an excellent
place to start.
How to answer
Whilst you are expected to use more flowing sentences and
develop a coherent argument like you would any other essay,
you should still keep headings for each paragraph and focus
less on the language and more on the content keeping your
responses as concise as possible. I’ve seen a lot of different
structures for policy but the easiest one to follow that I’ve
adopted is the following:
Take Home Exams
This is an increasingly popular mode of assessment,
especially in electives. A take home exam is just like any
other, however you are given a time limit to complete it.
• Introduction and state opinion
• Current law/case facts and what was held (keep this
short)!
• Rationale for law (‘pro’)
• Criticism of law (‘con’)
• Conclusion (Suggestions for reform.)
In regards to preparation, it seems that too many students
are lulled into a false sense of security and don’t make notes
as they would for a regular exam. Don’t be fooled. Those
that do well will have prepared notes.
How to prepare
Don’t kid yourself. You won’t understand the journal articles
with complete clarity until you’ve actually written out your
problem notes and have got your head about the area of
law in discussion. It is for this reason that I do my policy
notes the week after I have finished my problem notes
for a particular area. From there I read the journal articles
and other sources in conjunction wit my ‘problem notes’,
look at past essay prompts and prepare arguments for and
against the area of law. One thing I want to highlight is
that in preparing policy notes, avoid ‘scripting’ responses,
and focus more on dot pointing arguments which can be
adapted and applied to each particular problem.
That being said, for the essay question, because you’re not
doing the exam under normal conditions, you have access
to, and depending on the lecturer, are expected to make use
of secondary sources extrinsic to those listed on the reading
guide in your response. Make use of these resources and
take a bit more time to plan out your answers fully.
Tutorials
Not all subjects attach marks to tutorial participation/
assessment. However, those that do usually attach 10% for
‘general participation’. There is a 10% mark that is attached
to LAW3301 Criminal Law and Procedure A and LAW3302
Criminal Law B for a presentation in each semester. In
regards to the presentations in Criminal Law, they are
outlined quite well by lecturers and tutors in the first few
weeks of semester and are fairly straight forward.
The ‘usual’ form of tutorial assessment is what can be
described as a ‘global mark’ for your overall participation
19
2015 Curriculum Review
F
rom 2015, the Monash Faculty of Law will begin to
implement the changes under its curriculum review
to the undergraduate LLB degree. The review is intended
to bring the Monash LLB in line with certain regulatory
requirements established under the Australian Qualifications
Framework (AQF), which prescribes different course
levels. Importantly, the curriculum review will be phased
in from 2015, and will not immediately replace the current
curriculum which will run in parallel with the new course
for students who enrolled in the LLB before 2015.
to complete a compulsory commercial law elective from a
prescribed list of units.
• Units currently categorised as ‘quasi-compulsory’ such
as Corporations Law, Equity and Trusts will become
compulsory units.
• Torts A and Torts B will be condensed to a single Torts
unit.
• Criminal Law and Procedure A and Criminal Law B will
be revised. Sexual offences content will be moved to the new
Criminal Law A unit while the criminal procedure content
will be moved to the new Criminal Law and Procedure B
unit. Both units will no longer form a direct sequence, with
Criminal Law A becoming a first year unit and Criminal
Law and Procedure B being relocated to later in the course.
• All students will be required to complete a 6 credit point
research elective unit from a prescribed list. This may
include an Honours Thesis, a Research Practicum or a
Mooting unit.
• Civil Procedure and Lawyers’ Ethics and Society will be
revised to Litigation and Dispute Resolution and Lawyers’
Ethics in Practice respectively.
Why is Monash changing the LLB curriculum?
The Australian Qualifications Framework (AQF) prescribes
a hierarchy of ten different course levels, each with defined
graduate learning outcomes. For example, a standard
bachelor degree corresponds to level 7, a bachelor honours
degree is level 8 and a Masters degree (such as the Juris
Doctor degree) is a level 9 qualification. To qualify for
a particular category, the course must satisfy certain
Threshold Learning Outcomes (TLOs) which prescribe the
skills that graduates must acquire from their course. Higher
level qualifications have more onerous TLO requirements,
but also carry advantages for graduates such as more
streamlined pathways to certain doctoral programs.
Curriculum Review: Proposed Course Map
Yr 1 Sem 1
Yr 1 Sem 2
Yr 2 Sem 1
Yr 2 Sem 2
Foundations of Law
Public Law and Statutory
Interpretation
Contract A
Contracts B
Yr 3 Sem 1
Yr 3 Sem 2
Corporations Law
Property B
Yr 4 Sem 1
Yr 4 Sem 2
Yr 5 Sem 1
Law Elective
Administrative Law
Evidence
Yr 5 Sem 2
Litigation and Dispute
Resolution
Criminal Law A Arts Unit
Torts
Arts Unit
Arts Unit
Arts Unit
Property A
Constitutional
Law
Equity
Commercial
Law Elective
Law Elective
Trusts
Criminal Law
and Procedure
B
Lawyers’ Ethics
in Practice
Arts Unit
Arts Unit
Arts Unit
Arts Unit
Arts Unit
Arts Unit
Arts Unit
Arts Unit
Arts Unit
Arts Unit
Arts Unit
Law Elective
Law Elective
Arts Unit
Law Elective
Law Elective
Law Elective
Law Elective
On the next page is a proposed course map for a 5 year BA/
LLB (Hons) degree under the new curriculum:
The Faculty of Law intends to review its curriculum so
that the Monash LLB degree satisfies the TLOs for a level
8, or honours level qualification. This change will ensure
that Monash graduates maintain a competitive advantage
relative to other undergraduate law degrees offered by
other Victorian universities, and can better compete with
graduates of JD courses. The change would effectively
mean that all Monash graduates under the new course will
graduate with an ‘honours’ level qualification as opposed to
a standard bachelors degree.
Will the Curriculum Review affect existing
students?
What is changing in the new curriculum?
Can existing students still get Honours?
The new LLB (Hons) degree will run in parallel with
the existing LLB degree until it is eventually phased out.
Students who have enrolled in the LLB degree in
2014 or earlier will still complete the standard LLB
degree and will not be affected by the abovementioned
changes. Arrangements will be made for students who fail
a unit, go on exchange or defer their studies so that, as far
as possible, they are unaffected by the changes.
The following is a summary of some of the proposed
changes to be introduced as part of the new LLB (Hons)
degree. These changes have not been finalised and may be
altered in the future.
• Unit sequencing will be more circumscribed for the
first two years, meaning that certain units will be arranged
into levels with more pre-requisites/co-requisites. This
is to ensure a progressive development of skills amongst
students.
• The foundational units Introduction to Legal Reasoning
and Research and Writing will be revised and replaced
with Foundations of Law and Public Law and Statutory
Interpretation respectively.
• In addition to the standard 8 elective units for a double
degree (or 12 for a straight law degree), students will have
Currently students are awarded Honours by merit. This
means that an Honours Grade is awarded for graduating
students with a weighted average law mark above a certain
threshold. Currently, the First Class Honours threshold
requires a weighted law average of at least 73. Students
do not need to complete the Honours Thesis unit to be
awarded Honours, however, the Honours Thesis unit offers
a unique 20% mark bonus for the purposes of calculating
your weighted average mark.
The merit system for awarding Honours will not be
affected for students who have enrolled in the LLB in
2014 or earlier. This means that existing students can still
be awarded Honours after 2015 if they meet the threshold
requirements.
20
21
Research
Unit
Student Tutorial Program and Revision Seminars
Exams Skills Seminar
What is the Student Tutorial Program?
What is the Exam Skills Seminar?
and there is no need to sign up for the program prior to
attending the tutorials or revision seminar.
One of the most vital and integral academic programs
provided by the Law Student's Society to Monash Law
students is the Student Tutorial Program which is run
entirely by student tutors. The LSS Student Tutorial
Program's objective is to complement the Law Faculty's
tutorial program. The program aims to cater for law students
wanting to consolidate their understanding of the subject as
well as students who are aiming for a high distinction in the
subject.
In addition to the weekly tutorials, LSS members can also
access SketchNotes on the LSS website and via the LSS
iPhone and iPad App. SketchNotes are comprehensive
study notes prepared by the student tutors for each subject
to accompany the weekly tutorials.
Further information on the Student Tutorial Program can
be found on the LSS Website under the Education section
and any questions related to the Student Tutorial Program
can be sent to tutorials@monashlss.com.
What subjects does the tutorial program cover
This highly successful academic program provides weekly
tutorials for all compulsory law subjects (such as Contract
Law and Torts) excluding Introduction to Legal Reasoning
and Research and Writing. Weekly tutorials are also run for
all quasi-compulsory subjects (such as Corporations Law
and Equity) excluding Lawyer's Ethics and Society.
Revision Seminars
In addition to weekly tutorials, the LSS also provides a series
of revision seminars for all core (excluding Introduction
to Legal Reasoning and Research and Writing) and quasicompulsory subjects (including Ethics) during the final
week of the semester. The seminars aim to provide a broad
overview of the subject and tutors concentrate on key
topics and exam strategy.
How is each tutorial run?
Each subject has two scheduled tutorials per week which
cover the same content and runs for one hour. Students
can choose which of the two tutorials they wish to attend
according to their timetable. Tutorials are never scheduled
at the same time as the subjects' lectures or Law Faculty run
tutorials.
The seminars run for an hour and a half with no new content
covered so that tutors can focus their revision seminar on
aspects of the course that will most likely be examined. In
the past tutors have also used the revision seminar to tackle
a past exam paper or particularly challenging problems
or policy questions with answers prepared by the tutor as
a guide on how best to identify issues and answer both
problem style and policy questions effectively. In contrast to
the weekly tutorials, there is less emphasis on collaborative
and interactive learning as the aim of the revision seminar is
to provide a proficient overview of the course.
Typically, each tutorial will cover one key topic, cases,
legislation and any relevant policy questions related to the
topic.The tutorials also allow students the opportunity to
apply the knowledge they have gained in lectures to exam
style problem questions based on past exam papers or
prepared by the student tutor.
All tutorials are run by law students who have previously
excelled and achieved a high distinction in the subject.
The student tutors have a unique perspective on how
best to approach the subject and as such the focus of the
tutorials is on exam technique and collaborative learning
with an expectation that students attending the tutorials
will participate and contribute to tutorial discussion. The
program is most popular amongst younger law students
who may find the student tutors insight on exam skills and
application beneficial in preparing their study notes and
revising for the exam.
Student demand and turnout for the seminars is consistently
high, particularly with earlier year subjects such as Contract
Law and Criminal Law where seminars run at full capacity.
To attend the seminars students must be a registered LSS
member and present their LSS keyring at the door.
When does the Seminar run?
So you have just started you first year or a new semester
at law school. You tell yourself that you are going to keep
up with the readings, attend all the lectures and answer all
the tutorial questions. The next thing you realise it is week
eight of semester. Exams are only a few more weeks away
and you are staring down a pile of readings that you told
yourself you would read last week. If this sounds like it
could be you then the LSS Exam Skills Seminar should be
on your agenda!
The Exam Skills Seminar runs in week 8 of first and second
semester.
The Seminar is free for all LSS members. Simply turn up to
the advertised venue with your LSS key ring to attend.
If you have any questions about the Exam Skills Seminar, or
any general questions about law exam preparation, feel free
to email academicsupport@monashlss.com
The Exam Skills Seminar is especially important if this is
your first year in law school and you have never seen a law
exam before. Chances are you have never done an ‘open
book’ exam before. While you might think that being able to
look over all your notes in an exam should make it a breeze,
you will quickly learn that there is a right way and a wrong
way to go about preparing your exam notes. At the Exam
Skills Seminar, we will teach you how to effectively structure
and organise your notes so that you do not find yourself in
the exam spending 15 minutes searching through your notes
for that case name you forgot or that elusive judgment you
thought you knew how to locate.
Later year students looking to brush up on their exam
technique are also encouraged to attend. Are you doing
your first closed book exam since your old Contract Law
days and are worried you have become too reliant on having
notes with you? Or have you always dreaded seeing the
words ‘policy’ come up in the exam question? If so, come
to the Seminar to hear how HD level students tackle these
problems and the strategies they employ for the various
exam formats you might encounter.
What will the Seminar cover?
The Exam Skills Seminar is presented by two HD level
students and broadly encompasses four main topics:
preparing for and writing open book exams, preparing for
and writing closed book exams, writing policy essays and
writing take-home exams. This covers all of the major exam
formats that you might encounter in your law degree, so
you will never be caught off-guard.
Within each topic, the seminar will cover everything from
what is the most effective way to prepare for the exam
format to how you should plan your answer to ensure
you capture all the key details of the problem. If you find
yourself missing key facts in your analysis or are unsure of
what the best use of reading and noting time is, the Seminar
will have you covered.
When does it start and how do I attend the
tutorials?
The Student Tutorial Program commences during semester
in week three and concludes in week twelve with an extra
revision seminar held in the final week of the semester.
Tutorials can be attended by any registered LSS member
22
23
First Year Crash Course
What is the First Year Crash Course?
Monash University PASS Program
If you have any questions about the First Year Crash
Course, or if you have any general academic concerns feel
free to email academicsupport@monashlss.com
Starting your first year studying law can be a daunting and
sometimes overwhelming experience, particularly if it also
your first year at university. There are a lot of procedures
and conventions when it comes to studying law that you
generally only pick up with time. The LSS First Year Crash
Course is intended to ease you into your first years of law
school by answering some of the common questions that
you might otherwise have been too embarrassed to ask. So
if you have ever found yourself asking questions such as
‘what is the best way to prepare for lectures and tutorials?’,
‘how am I expected to write my Court Report assignment?’
or ‘what is the best way to stay on top of all my readings?’
then the First Year Crash Course is for you!
By Amy MacKintosh
Monash University PASS Leader 2013
How to sign up
PASS sessions are held on campus from Weeks 3 to 12, for
an hour each week. A variety of times are available to suit
your timetable. You can sign up during Week 2 through
Allocate+. If sessions are full, you can contact a PASS
coordinator to be put on a waiting list.
What is PASS?
The Peer Assisted Study Session (PASS) Program is an
academic mentoring program aimed at first year students
as they make their transition from high school to university.
PASS runs sessions in a number of faculties across Monash
University, targeting difficult first year units. Since 2011,
PASS has run in the Law Faculty in the units LAW2101
Contract A and LAW 2102 Contract B.
More information on signing up for PASS will be made
available to students in LAW2101 Contract A lectures.
The program is open to all students, whether they are
confident or struggling. In addition to tutorials, PASS
sessions ensure that an hour of supervised study time is
devoted to Contract Law every week.
What will the First Year Crash Course cover?
The Crash Course is presented by two student tutors from
the LSS. These tutors are usually second or third year
students who have been in your position before and can
therefore relate to your situation.
Session Structure
PASS leaders are all current law students who achieved
excellent results in Contract Law. They organise and facilitate
the sessions, and as current students, provide mentoring to
their class.
The first half of the Crash Course will cover general study
tips, such as what is the best way to take notes in lectures,
how to read cases more efficiently, how to take write
effective case summaries and how to prepare topic outlines.
Do not panic if any of these terms sound unfamiliar to you
– by the end of the seminar you will be down with all of the
common law student lingo.
The main focus of sessions will be on how to learn,
developing the study skills needed in law, as well as developing
a better understanding of the unit content. By focusing on
participation and group work, PASS leaders ensure that the
learning process is collaborative and engaging. Sessions
also typically involve time for discussion and questions on
the main topics covered in lectures, as well as time to go
through practice questions.
The second half of the Crash Course is all about law
assignments and exams. Worried about how to write your
Court Report assignment? The Seminar will discuss how
to do legal research, including navigating legal databases
and finding journal articles to use in your assignment. The
Seminar will also explain what a law exam is like, and how
you can manage your study throughout semester to ensure
you are in the best position come exam time.
Benefits
Data collected from past participants in the program has
shown that students who regularly attend PASS sessions are
more likely to achieve distinctions and high distinctions than
students who do not, and are far less likely to fail. Though
attending PASS sessions is voluntary, it has been shown that
regular attendance is the most beneficial. It is recommended
that students attend all of the weekly sessions, in order to
build on the skills developed in previous sessions.
Overall, the Crash Course is intended to be a nonintimidating environment where you can discuss any
questions or concerns you might have with fellow students.
There are no lecturers or staff members present, so make
sure you use the opportunity to ask all those questions you
thought were too silly to ask in a lecture!
When does the First Year Seminar run?
PASS sessions are also a great place to meet new friends and
create support networks in your first year. The small class
sizes, usually of 12-16 students, mean sessions are friendly,
relaxed and unintimidating.
The First Year Seminar will run in the second week of first
semester and will be advertised on the LSS Facebook Page
and on posters around the Law Building.
There is no sign-up process, simply turn up on the day with
your LSS key ring to attend.
24
25
Study Support from the Law Library
Resources for International and Exchange Students
By Kay Tucker
Law Library Manager
L
with a librarian or learning skills adviser, 11am-3pm MonFri or via the Information point outside these hours). We
look forward to working with you during 2014.
While studying Law at Monash, the Law Library – its staff
and resources - will become the focal point for your legal
research and writing needs. Get to know our expert and
friendly staff and take advantage of the services detailed
below. Use our Law Resources Library guide (guides.
monash.edu/law) to find our contact details, access learning
materials, stay up-to-date with legal news, link to databases,
use legislative and case law sites, find exam preparation
resources, mooting resources, and law apps and social media
sites. Your Law unit may include an online reading list with
links to digitised and online material, so check Moodle for
the link.
iving in a different country can be overwhelming, so the
Monash Law Students’ Society (LSS) have put together
some tips and tricks on all you need to know about studying
at Monash and living in Melbourne! In here you will find all
the things you need to conquer your first week at Monash.
Good luck and happy reading!
weeknights and 24 hours on weekends at 1800 350 359.
They also offer student support programs such as:
• Academic progression concerns
• SMART- motivation, stress and time management
• Mood surfing
• Mindfulness program
The LSS office is located in the basement of the law library,
so drop by if you have any questions of just want to chat.
We’re open from 10am until 4pm every day. You can also
call at 9905 3398.
Equity and Diversity Centre
offers services for:
• Disability support
• Discrimination, harassment and victimization
• Advancing women at Monash University
• Student equity
If you every have any queries at all, just send our international
Student Representative Pearl an email at intrep@monashlss.
com and we’ll try our best to help you out.
for more info please refer to: http://monash.edu/equitydiversity/
Alternatively you could email the First Year Representatives
at firstyearreps@monashlss.com.
Learning Skills
Studying law can be quite different to studying other
disciplines at university, and it can be challenging if you
are returning to study after some time away. The Library
provides services and resources to Monash students who
want to improve their academic learning skills in such
areas as reading, study and exam preparation, effective
listening and note-taking, analysis, problem-solving and
critical thinking, essay, report and thesis writing, and oral
communication and presentation.
Monash University International Student Services
Located in the Campus Centre, Building 10, first floor
https://www.facebook.com/MUISS.Monash
Be sure to like our Facebook page www.facebook.com/
monashlss and the Monash LSS International Students
Facebook Page to stay up to date with all the latest on the
Student Tutorial Programs and pub-crawls amongst other
things.
MSA Welfare Department
Not everyone has the same access to simple resources, like
a home, a computer, food and a living income, all of which
affect life at university, and the Welfare service works to
assist these students. Some programs include the Survival
Centre, Computer Co-op, and Free Food Mondays. For more
details please refer to http://monashstudentassociation.
com/services/welfare
Student Services
Law Faculty Student Services
Hours of operation: 8.45am-4:00pm (Monday, Tuesday,
Thursday and Friday) 10.30am-4:00pm (Wednesday)
Look for seminars on these topics and book in via the
Online Class Booking system on the Library tab of your
my.monash portal.
Contact information
Phone: +61 3 990 5330
Fax: +61 3 990 53350
email: law-undergraduate@monash.edu
Research Skills
Research skills classes are run by Law library staff as part
of your first year units, Introduction to Legal Reasoning in
Semester 1, and Research and Writing in Semester 2. Here
you will learn about the resources and databases specific
to law, and how to apply your research to legal problems.
While you are at Monash, take advantage of our wide range
of resources and become adept at using the tools for legal
commentaries, legislation and case law that you will need
throughout your degree and in the workplace.
Upcoming LSS Events
Law Camp
Date: 28 Feb-2nd March 2014
Location: Licola Wilderness Village Camp
Law Camp is a great opportunity for first year students to meet
and mingle with fellow law students. It is an unforgettable
opportunity that can result in lasting friendships in your
law school journey. For more information please contact
the First Year Reps Cam Tyncherov and Emily Meilor at
firstyearreps@monashlss.com
Clayton Student Services
Hours of operation: 9:00am- 5:00pm (Monday- Friday)
Located in the Campus Centre, Building 10 on the ground
floor (opposite ITS Computer Lab)
Health and Wellbeing
Medical Appointments and Clinic
Hours of Operation: 9am-5pm weekdays
accept phone or-drop in appointments
Location: Clayton- Building 10, Ground Floor next to STA
travel
Ask for Help
The Law Library staff are here to help you, so please
ask if unsure about anything; whether it be an unknown
legal abbreviation, how to find a case, how to structure
your assignment, or if you are confused about how to
cite a source. Quick help is available at the Law Library‘s
Information point when you first enter the Law Library,
or if you would like more in-depth advice related to your
assignments, ask at the Research and Learning point (staffed
Pub Crawl
Stroll, stumble and crawl your way from one bar to another
on this night to remember (or forget). For more information
please contact the Activities Coordinators Jayden Bath and
Adrian Vosk at bbqs@monashlss.com
Counselling appointments
Located in the upper level of the Campus Centre. They offer
services ranging from visa help to counselling services. Free,
private and confidential after hours counselling services are
offered to Monash students and staff from 5pm – 9am on
26
Law Ball
Law Ball is the most prestigious event of the year, and is one
of the most highly-anticipated events at Monash. Last year
students were arriving at 3am to secure a ticket. For more
27
Transportation
information please contact the Function Officers Weilynn
Tan and Tori Horton at functions@monashlss.com.
LSS Programs and Resources
Peer Mentor Program
The program pairs first year students with a mentor (a more
experienced law student) who will provide valuable guidance
and assistance. For more information please do not hesitate
to contact Elyshia at peermentor@monashlss.com and like
the Monash Law Peer Mentor Program Facebook page.
(https://www.facebook.com/pages/Monash-Law-PeerMentor-Program/296143607097444).
If you don’t stay on campus, chances are you will have to
catch public transport to Monash.
Time Extentions, Exam Deferral, Special Consideration and
Remission of Debt
To use public transport in Melbourne you have to purchase
a Myki which can be done at train stations, retail outlets
(7-Eleven), online or by calling 13 6954. Then just top up
and go!
Time Extensions
Trains
Monash is closest to Huntingdale station (on the Dandenong,
Pakenham or Cranbourne lines), with a connecting bus (the
601, 630 or 900) to campus.
Books
Buses
a number of bus routes stop at Monash (the 601, 630, 631,
703, 733, 737, 742, 800, 802, 804, 862, and 900).
All Books can be purchased from the Legibook Co-Op.
Alternative options include the Monash Marketplace or the
LSS’ Second Hand Online Book Sale. This is your best bet
as there are limited books in the library and the textbooks
can’t be borrowed most of the time.
To check train, tram and bus timetable and routes go to:
http://ptv.vic.gov.au
Legibook Co-op
Situated in the Law Faculty basement in room G21, Legibook
sells legal texts at a discounts to its members, currently
being up to 20% off the publisher’s recommended retail
price. Membership costs only $10.00 and lasts a lifetime.
Monash Inter-campus shuttle bus
Regular, free shuttle buses (with free wi-fi) that links the
Clayton Campus with Berwick, Caulfield and Peninsula
campuses, and the Peninsula campus to Frankston Railway
Station.
Hours of operation
• Monday: 9am-1:15pm
• Tuesday: 9am-1:15pm
• Wednesday 12:30pm-4:45pm
• Thursday 9am-1:15pm
• Friday 10am-12pm
All you need to do is show your valid Monash University
student or staff ID card to use the service. You board on a
‘first- come, first-served’ basis so don’t be late.
Shuttle bus timetables can be found at http://www.monash.
edu.au/people/transport-parking/inter-campus-shuttlebus/
Note: during the first two weeks of first semester and the
first week of second semester it is open Monday throughout
Friday 9:00am - 5:00pm. Please call at 95443669
• Obligations to military, jury or emergency services; and
• Demonstrated registration with Monash Sport’s athlete
support program where the student is participating in a key
event.
Undergraduate
Students may apply for a short extension, not exceeding
two working days of the due date, for submission of an insemester assessment task. This excludes class tests.
When and how to apply
Applications for Special Consideration must be submitted
no later than two University working days after 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.
Students should submit a Short Extension Form to the
Chief Examiner of the relevant unit. The Chief Examiner
will notify the student of the decision.
For a longer extension, students must apply for Special
Consideration.
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 Examination
Cancellation Request form, returning it to the exam
invigilator. The student must also apply to the coursemanaging faculty within two University working days of the
student’s last scheduled exam.
Postgraduate
Students may apply for a short extension, not exceeding
five working days of the due date, for submission of an insemester assessment task. This excludes class tests and takehome exams and extensions will generally not be granted
for normal work commitments or for several assignments
being due at once.
All applications must include the relevant form with
supporting documentation. This documentation can
include a medical certificate, letter from a social worker,
lawyer or psychologist, a death notice, police report and
other statutory declarations and notifications.
Students should submit a Postgraduate Assessment Short
Extension Application 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 take-home
examination, students must apply for Special Consideration.
Forms for law units should be submitted to the Student &
Academic Services office at Clayton or the Postgraduate
Student Services Office at the Law Chambers.
Special Consideration
Where students are unable to complete an assessment piece
or exam due to exceptional circumstances, they may apply
for Special Consideration.
Monash Marketplace
The Monash Marketplace enables you to buy and sell a
variety of items, and advertise accommodation. The service
is not intended as a platform for businesses. It is located in
the ‘Campus and community’ tabs of the staff and student
portals respectively. Anyone at Monash can use this service
by searching for the books you want to buy and buying
them. Best of all…it’s free!
Exam Deferral
If the student’s application for Special Consideration
is successful, two outcomes may be a deferred exam or
alternative 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
notified.
Outcomes
Special consideration is not necessarily granted, and does
not result in mark adjustment. There are three possible
outcomes, with the assessment result being final:
1.An extension to a submission date;
2.An alternative and equivalent form of assessment; and
3.A deferred exam.
Monash LSS Book Store
This enables LSS members to buy and sell second hand law
books (similar to Marketplace), however exclusively for Law
Books and Law Students! All you need is an LSS keyring,
and you’ll have access to the ‘sell books tab’ on our website:
http://monashlss.com/education/bookstore-instructions
The student will have an incomplete result until completion
of the deferred exam or supplementary assessment, of
which the result will be final. As an incomplete result does
not satisfy unit prerequisites, this may prevent the student
from enrolling in some units in the following semester.
Contact your faculty if you are having difficulty.
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 exceptional circumstances beyond their
control, including:
• Acute illness;
• Loss or bereavement;
• Hardship or trauma;
If you have further questions please contact Jialing Chen at:
scholarships@monashlss.com
28
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
29
circumstances causing the initial deferred exam being
unresolved.
Failed Assessment
Students must apply in writing within two working days of
the day of the deferred assessment, provide evidence and
submit an application to the managing faculty.
Examination Feedback
Academic Services Office to discuss your particular
difficulties;
• Contact the University Learning Services for assistance
with study methods, language skills and work presentation;
• Seek assistance from the University Counselling Service
if applicable; and
• Visit the Health and Wellbeing Hub Academic Progress
Concerns website.
Students who believe they have been incorrectly assessed
in their work should follow the below steps in seeking an
appeal:
1.Once results are released, students should obtain a
photocopy of the relevant exam script and engage in
a process of self-evaluation with the general feedback
provided.
2.Students should prepare a written memorandum for the
relevant lecturer or tutor identifying areas of concern.
3.Students should arrange an interview with the lecturer or
tutor.
The faculty will arrange a meeting to consider the student’s
application and the student may bring a support person to
that meeting.
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.
To avoid failing another unit
You should identify the possible reasons for failing the unit.
These may include:
• Finding the unit a challenge;
• This being the wrong course for you;
• Problems with motivation, stress, anxiety, studying and
time management;
• Problems with language;
• Having a disability;
• Financial or accommodation worries; and
• Health concerns.
Exam feedback information: http://www.law.monash.edu.
au/current-students/assessments/exam-feedback-afterresults.pdf If a student is dissatisfied following the exam
feedback procedure, she/he should refer to the Faculty
Remarking Procedures.
Students should apply in writing 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 after it was granted.
Faculty Remarking Procedures
Acceptable reasons include:
• Serious illness requiring hospitalisation;
• Death of an immediate family member;
• Obligations to emergency or military service; and
• Extreme circumstances of similar severity.
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.
Acceptable evidence includes:
• Record of hospital admission;
• Police reports; and
• Notification of obligations to emergency or military
service.
To address these, you may like to speak to:
• Your tutor or lecturer
• Your course adviser or coordinator
• Library research and learning skills support
• Faculty Administration
• The Disability Liaison Unit
• A career education consultant
• A student adviser form Monash Connect
Students must apply in writing to the Chair of the Board
of Examiners, specifying and demonstrating the error.
Applications must be lodged no later than eight weeks after
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.
The student will be notified by the faculty of its decision.
Support Services
There are support services that are available to students
with academic progress concerns. SMART is a five-week
program designed to maximise a student’s academic
outcomes by developing strategies to build success, address
time management, maintain motivation and manage stress.
Best results are achieved by attending all five sessions, but
students can register for single sessions. To register, please
visit the Health and Wellbeing Events Booking System.
Further details on remarking procedures: http://www.law.
monash.edu.au/current-students/assessments/remarkingprocedures-2010.pdf
Failing an Assessment
Monash University also offers mindfulness programs.
Mindfulness involves practices and strategies to remove
unproductive thought patterns and pay attention to the
present moment.
Please visit this website for more information: http://www.
monash.edu.au/counselling/mindfulness.html
If you have failed an assessment, exam or unit, you may
receive an early warning letter in July or August.
What should I do if I receive a letter?
Do not ignore an early warning letter. You must act and take
preventative measures to improve academic performance
and should follow the advice given in the letter. You are
strongly encouraged to use the resources available and
contact someone who can help you improve your results.
If your results do not improve
Please see the article titled ‘Academic Progress Committee’
for more information on what may occur if your results do
not improve.
You should:
• Make an appointment with the relevant Student and
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31
Student Perspective: Turning Things Around
Academic Progress Committee
I
• Be healthy and well-balanced
• Breathe and keep everything in perspective
Students are required to demonstrate satisfactory course
progression each year.
Ultimately, I had to repeat that subject the following year.
While it was embarrassing to tell people I was repeating, I
knew that I was not alone in my experience and that there
were people to help me along the way (not that you have
to tell everyone). My N turned into a D, and occasionally
HDs. At the same time, I became more involved in extracurricular activities and gained relevant part-time work – all
things that have helped me maintain a balanced lifestyle and
secure a clerkship. At clerkship interviews, what I initially
thought was an irremovable blemish on my transcript
became a good starter to talk about how much I learned
from that experience, and point to the improvements I had
made. I was also surprised at how some of my interviewers
related with me and revealed some of their not-so-great law
marks. The point is, we’re all human. My advice is to take
everything as a lesson, and some good will eventually come
of it!
Academic Performance Review
t’s exam results day. Your phone buzzes. You’ve received
your long awaited SMS.
Your eyes quickly scan your results and you see something
foreign and unexpected.
“D, D, C...N....wait, what does N mean?” You quickly realise
it means a fail. Denial, followed by grief. Trust me, I've been
there.
I assure you, however, from personal experience, it does
not spell out the demise of your law school career. Once
you pick yourself up from that bowl of nachos and box of
tissues (I’ve been there too), it’s time to learn from this very
valuable lesson.
Firstly, realise that your law school marks do not define who
you are. Secondly, breathe, and start planning to ensure that
this won’t happen again.
What went wrong?
At law school, you need to understand that the technique
and style of exams differs greatly from that of high school
and other faculties. I found the transition to university quite
difficult in first year and quickly realised I had to become
more independent and proactive in my learning.
Preparing for an Academic Progress Committee Hearing
You will receive a Details of Hearing letter if required to
attend, providing at least seven days notice.
The Faculty of Law reviews the academic performance of
all students enrolled in faculty-managed courses and seeks
to identify students ‘at risk’ of not making satisfactory
academic progress.
Prepare yourself:
• Consider how you will make your presentation
• Practice what you will say
• Speak to a counsellor about managing emotions
What is unsatisfactory academic progress?
This includes:
• Failing more than 50% of enrolled units after completing
at least two semesters, or three trimesters of study in the
period commencing in December of the previous year;
• Failing the same unit twice;
• Failing to comply with any terms or conditions imposed
by the Faculty Board or by the faculty’s Academic Progress
Committee; and
• Passing 50% or less of the student’s enrolment after
completing at least 2/3 of their candidature.
Prepare your case, including answers and supporting
documents related to likely questions about:
• Reasons for poor performance
• Attendance and study habits
• Other commitments
• Efforts made to overcome difficulties
Prepare to bring someone with you, if you wish:
• A student rights officer
• Monash student or staff member
• Family member
• Any other faculty-approved person
Students at risk of breaching academic progression rules
at the end of the year will be sent an early warning letter
that urges students to take immediate action to improve
their academic performance and informs them of support
services available. Please see the article titled ‘Failed
Assessment’ for more information on receiving a letter.
In my case, I did not understand how I could have failed.
I memorised the facts of the 100+ cases in the reading
guide and attended two study groups throughout semester.
However, the trick to law exams is about mastering
application, not regurgitation. Envision a client sitting in
front of you during an exam. What does he or she want
to hear? No, not the long-winded facts of some case. The
client wants advice on how the facts apply to their case,
and their likelihood of success. Thus, knowing the facts is
only the first step. This is a learned technique that can only
improve with practice.
Note: If you intend to bring someone with legal
qualifications, you will need to give the Committee five days
notice.
Independent advocacy, advice and assistance may be
obtained from Student Rights Officers.
Academic Progress Committee (APC)
Student Rights Officers (Clayton): 9905 3118 / 9905 3126
Monash Postgraduate Association: 9905 8166
At the end of the year, students who have not met the
faculty’s rules for satisfactory academic progress will be
sent a Notice of Referral letter and required to explain their
situation to the Academic Progress Committee.
What can the APC decide?
The APC has the power to:
• Permit a student to continue studies without further
conditions
• Permit a student to continue studies with enrolment
conditions imposed
• Exclude a student from the faculty
Received a Notice of Referral letter?
You must:
• Submit a timely reply;
• Remain contactable from December to February;
• Be available to attend a hearing before the Academic
Progress Committee if required.
However, there are also a multitude of other reasons of why
students fail exams. It could simply come down to spotting
the wrong issues, poor time-management, or simply not
attending lectures/tutorials.
What if I am facing exclusion?
You have 20 working days from delivery of the Notice
of Decision to lodge an appeal with the secretary of the
Exclusion Appeals Committee (EAC).
Your reply should:
• Demonstrate that you understand why you failed;
• Explain issues that have affected your study;
• Detail steps to be taken, or have been undertaken, to
ensure future satisfactory progress;
• Explain why you want to continue your course.
What helped me get back on track:
• Making the most of the resources available – consulting
my lecturer and tutor (they’re not scary!), preparing for
tutorials
• Starting exam answer structure notes early in the semester
• Realising that ultimately, I’m the one taking my exam
(can’t ride the coattails of my resources!)
• Do as many timed practice exams as possible
Appeals may only be accepted on one or both of the
following grounds:
1.New evidence not reasonably available at the time of the
hearing; or
2.Procedural irregularity in the hearing or processing of the
case.
You will have a stronger case if you explain your personal
situation and include supporting documents.
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33
Plagiarism and Collusion
More information may be found in Statute 6.2 Exclusion
of unsatisfactory progress of inability to progress:
http://monash.edu/legal/legislation/statutes/statute62-exclusion-for-unsatisfactory-progress-or-inability-toprogress.pdf
What is Plagiarism and Collusion?
What if I am facing exclusion and did not respond
to the Notice of Referral and Hearing?
If student fails to respond to the allegations or if his/
her response does not satisfy the Chief Examiner that the
breach was unintentional or reckless, the Chief Examiner
will report the matter to the Associate Dean of the teaching
faculty and provide evidence of the suspected breach. The
Associate Dean may deal with the matter or refer it to a
faculty discipline panel to hear and determine.
Plagiarism is the use of another person’s work, ideas or style
of expression as one’s own without proper attribution to
the original author. This applies to material from any source,
whether published or unpublished.
Such students may only apply to the Dean of the faculty
requesting a rehearing by the APC. This will be granted
where exceptional circumstances explain the student’s lack
of communication.
Collusion is the unauthorised collaboration with another
person or persons, students and otherwise, in producing
oral, written or practical assessment which is then presented
as the student’s own work.
Applications to the Dean must be received by the Faculty
APC Secretary in writing by 5pm, no later than 20 working
days from the delivery date of the Notice of Decision.
Students should be aware that any allegations of plagiarism
are retained on the plagiarism register for the duration of
enrolment, and records may be accessed should subsequent
allegations arise.
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 submitted for
assessment
Re-admission after exclusion
Re-admission after exclusion is not guaranteed and student
may apply after 12 months, in writing and addressed to the
Faculty Manager, Faculty of Law.
To be considered for re-admission, academic rehabilitation
must be demonstrated. The best evidence of this is
enrolment in another law school offering an accredited law
course. Students will need to have completed the equivalent
of one year’s study at the rate of 0.5 or more of full time
workload and achieve a distinction average.
Effect on Admission to Practice
Candidates for admission to legal practice must demonstrate
that they are fit and suitable persons to practice.
Any involvement in a disciplinary action is a suitability
matter, which must be disclosed by the candidate under his/
her duty of disclosure:
• A report from the university disclosing any disciplinary
action taken against the student during the course must be
provided to the Board of Examiners.
• An affidavit must be submitted stating that the applicant
has made full written disclosure of every matter that
a reasonable applicant would consider the Board of
Examiners might regard as not being favourable to the
applicant.
These are serious university disciplinary offences that may
affect your admission to legal practice.
Completion of other tertiary studies may also be sufficient
if the student has achieved satisfactory results.
How is Plagiarism and Collusion Detected?
International students
Monash University’s plagiarism policy is committed towards
detecting plagiarism, including the use of plagiarism
detection software, as well as other comparative methods.
Failure to maintain satisfactory academic progress may
breach condition 8202 of a student visa.
International students who receive an early warning letter
must make a face-to-face appointment with the Student
Services Office or Program Coordinator to discuss an
intervention strategy for their academic progress.
These matters will be considered by the Board of Examiners
in assessing a candidate’s admission to practice.
What happens if you are suspected of plagiarism
or collusion?
A staff member will alert a suspected student to the
allegations and will identify the passages of concern and
their source. The matter will also be reported to the Chief
Examiner.
International Student Support: http://www.monash.edu.
au/study/international/contact-advisers.html
If the Chief Examiner is satisfied that the plagiarism is
likely to have been intentional 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 meeting. The
student may bring a support person with him/her. The
student should be informed of the possible penalties under
University Statute 4.1 - Discipline.
The Chief Examiner must decide whether the breach was
intentional and reckless. If it is found that the breach was
unintentional or reckless, the only offence the student has
committed is an academic error of failing to reference a
source correctly, and will be dealt with accordingly.
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35
Faculty Disciplinary Committee
Academic Misconduct:
• Disallow the work or a mark; or
• Impose a mark of zero in the unit in which the work
forms the whole or a part.
What is the Faculty Discipline Panel?
Tips for Preparing a Case Against the FDP
generally completed on the same day as the hearing but this
may be deferred if the committee is waiting on additional
information.
Per Part 4 of the Student Discipline Guidelines, the Faculty
Discipline Panel (FDP) was established to hear and determine
allegations of general and or academic misconduct and
appeals from decisions under the Discipline Statute about
misconduct. The FDP is comprised of an associate dean of
the faculty, a member of the faculty’s teaching staff and a
student of the faculty. It is convened to hear and determine
a report of misconduct.
If the hearing has been deferred, then the student will be
asked to come back at a later date.
The panel may either find the misconduct is not proven and
dismiss the allegation or find that it is proven and proceed
to consider the imposition of a penalty. The decision may
be a majority decision.
The hearing
The student will be informed of the hearing by a hearing
notice which will inform the student in writing of the
allegation of misconduct, the evidence, any witnesses and
the details of the hearing. This notice must be given at least
ten calendar days prior to the hearing date.
• Write a detailed memorandum or your version of events
and submit this document prior to the hearing.
• You should include a description of events, character
references, discussion of your motive or lack of, previous
evidence of good behaviour, mitigating circumstances and
anything else you believe that will assist your case.
• It is better to be over prepared than to be underprepared
for these hearings.
• Dress appropriately - formal attire is best.
• Arrive early - be punctual.
• Speak honestly.
Appeals
Students may appeal against the finding and the penalty or
the penalty alone; or where the student admitted misconduct,
the penalty alone.
The appeal must be based on one of five grounds:
1.Reasonable apprehension of bias on the part of the
decision maker;
2.Breach of natural justice with the potential to affect the
outcome;
3.Excessive penalty;
4.New evidence of a substantial nature was not reasonably
available to the student at the time of the decision; and
5.Illogical or irrational decision.
At least four calendar days prior to the hearing date the
student must give written notice of whether the student
admits or denies each allegation and information about
any witnesses the student wishes to give evidence and any
person attending with the student. The student may take
someone in with him/her for moral support but the person
cannot represent him/her during the hearing.
The hearing will be orderly and fair, but the procedure used
is at the discretion of the panel and will be flexible so as to
respond to the circumstances of the case. The panel is not
bound to act in a formal manner and is not bound by the
rules of evidence.
For appeals to be valid, they must be:
• Made in writing;
• Lodged no later than 20 working days from the date of
the service of the notice of the decision;
• Made on a ground of appeal; and
• Delivered to the relevant person.
During the hearing:
• The chair of the committee will read the charge to the
student. A background of the proceeding will be given, an
explanation of the issues involved, the evidence presented
against the student, the names of witnesses.
• At this point, the committee will ask whether the student
admits to the charge. If so, the FDP will hear any evidence
regarding any mitigating circumstances or any information
to support the student’s version of events. All of the
evidence presented will be taken into consideration to
determine the penalty to be imposed.
• The student’s prior conduct, such as records of student’s
library borrowings and other assignments, will be considered
as well.
• If the student denies the charge, the committee will
commence the inquiry by asking questions to the student.
Witnesses will also be called and will be questioned.
What are the types of penalties?
Depending on the charge, the penalty may vary.
General Misconduct:
• A record of guilt on the student’s record with no further
penalty imposed;
• A reprimand;
• A conditional penalty, with the agreement of the student;
• Fine not exceeding five penalty units;
• A requirement to make restitution to the university or
preson who has suffered loss as a consequence of the act
of misconduct to ‘make good’ any damage caused;
• Prohibition from entering a university precinct;
• Suspension from a unit or course of study;
• Exclusion from university; or
• Paying a sum sufficient to make good any damage caused
by the student.
Outcomes
The student will be asked to leave whilst the committee
confers and makes a determination of the outcome. This is
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37
Coping with Stress, Anxiety and Depression
LSS Health and Wellbeing Inititatives
By Marc Janover and Susan Bullock
It is an unfortunate fact that law students and legal
professionals are overrepresented when it comes to mental
health statistics. Law school can at times be a stressful
experience and it is important that there are support
services available through both the LSS, Faculty of Law and
University to assist students with managing any mental health
problems they might be facing. The LSS runs a number of
programs designed to raise awareness for and prevent the
onset of stress, anxiety and depression, and to foster a more
inclusive and supporting law school environment.
objectives can be challenged by the influence of others’
attitudes about what you should achieve, aim for and end up
with. Some have raised concern that fierce competition for
the best results and pressure to strive for a top commercial
law firm career outcome can lead to incongruence with
personal values and general dissatisfaction with regard to
career prospects. Of course, there’s nothing wrong with the
pursuit of a corporate firm career necessarily, but remaining
mindful of the values that brought you to law school and
being aware of the potentially influential attitudes of others
can help.
Optimal performance requires a combination of focus,
perseverance, balance and resilience. In law, as in life, this
rings true. You can think of your law studies as a training
ground; a learning laboratory for life.
By now you would have dealt with many stressful and
anxiety-provoking academic demands; be it VCE, a previous
degree or your Law degree to date. Now that you’re here a
focus on working smarter, not always harder, can be the key
to optimising your success in your studies. The challenges
in law are many, but with a bit of insight, objectives (a
sense of purpose or intention in doing the degree) and the
right intensity and focus, chances are you will successfully
navigate your way. The workload is obviously challenging
and intense. For many it’s a new kind of learning; a different
style of thinking that calls for more application and
reflection rather than simple memorising of facts.
Ultimately it’s the building and strengthening of things such
as resilience, focus, the ability to persevere and balance that
can facilitate optimal performance. Law study can represent
a challenging yet relevant training ground where these life
skills can be honed and strengthened.
Appointments to see a University Counsellor can be made through the
University Health Services reception
Some of you may take longer to get your head around this
than others and you may not get the results that you hoped
for - or otherwise be accustomed to. Disappointment is
something that many law students experience. It’s something
that you may face along the way as you move through your
degree. The more interesting and relevant question becomes
‘how is this to be managed?’ We do know that those who
take care in avoiding self deprecation, those who can lessen
their grip on perfectionism in favour of a more healthy
pursuit of excellence, and those who aim to build capacity
across the degree will be in a much better position to deal
with disappointment and bounce back from adversity. This
talks to the importance of building resilience. Real success
can be thought of in terms of how high you bounce after
you’ve hit bottom!
also staying healthy and making new friends. If you are a JD
student, also check out the Monash LSS JD running club on
Facebook if you’d like some running buddies.
R U OK Day
Run on the second Thursday of September each year, R
U OK day is a national day of action aimed at promoting
open dialogue when it comes to issues of stress, anxiety or
depression. There is often a concern amongst law students
that talking about mental wellbeing issues is taboo or will
somehow put them at a competitive disadvantage when in
reality nothing could be further from the truth. On R U OK
day, the LSS encourages all students to take the initiative
throughout the year to look out for their friends and be
confident to speak openly about mental wellbeing issues.
If you have any questions about the LSS health and
wellbeing initiative, or would like to seek help or referrals
anonymously, please contact wellbeing@monashlss.com
BEING Magazine
The BEING Magazine is an annual LSS publication all
about physical and mental health and wellbeing issues for
law students. Each year, the magazine looks at topics such
as staying healthy, exercising and eating well, staying safe
when out and about, participating in your local community
or in university life as well as managing stress.
To promote this event, the LSS hosts a free annual barbeque
for the university outside the Law Building. Apart from the
food, you can collect information sheets about some of the
common mental health issues in Australia, as well as make
a charitable donation to organisations working to combat
these health issues.
The Magazine is launched mid-way through semester two
each year and is available both as a physical magazine and
online from the LSS website.
More information about R U OK Day can be found at:
www.ruokday.com
Health and Wellbeing Workshops
The 6th to the 10th of October is World Mental Health
Week, an international event for mental health education,
awareness and advocacy. At a time when many people begin
to feel the pressures of looming law exams, it is important
to take a breather remind ourselves to look after our
physical and mental states, whether this be through exercise,
maintaining an active social life, taking regular study breaks
or being proactive when you see the signs of stress and
anxiety.
World Mental Health Week Refreshment Stand
The LSS runs a number of wellbeing workshops
throughout the year as part of its Healthy Body Healthy
Mind initiative. These include free stress management
workshops, mindfulness seminars as well as meditation and
yoga sessions. Check the LSS website and Facebook page to
see when these are running and how you can sign up.
In addition, Monash University also offers a number of
wellbeing services. These include the SMART Program
which covers motivation, stress and time management,
the Mood Surfing program to help management mood
fluctuations and general counselling services. A full list
of Monash health and wellbeing programs can be found
at
http://monashlss.com/social-justice-equity/monashprograms or by visiting the Health and Wellbeing page on
the Monash LSS website.
The significant demands of law can bring attitudes of
‘think, breathe and dream law’ - and with this a belief that
a singular and blinkered approach may be the way to go.
However, we know that an intense, tunnel-like focus on
study does not work. We only have a finite capacity to focus
and concentrate. Shifting attention away from law at times,
and completely onto other pursuits or pleasurable activities,
allows us to attend to study with sufficient and productive
focus when we need to. Having other ‘anchors’ - if you will
- to rely on and to get a sense of accomplishment from, and
remembering to drop anchor from time to time, allows for
an overall smoother voyage! In so doing, we also protect
ourselves by maintaining positive mood, reducing stress and
minimising the potential for burnout.
To help ease the pressures of exam study, the LSS sets up
a refreshment stand each year for the whole duration of
World Mental Health Week. The stand is stocked with plenty
of healthy snacks and drinks in case you ever need to take a
break from studying to take a bite. The stand also contains
information and resources about identifying symptoms of
mental health issues, strategies for looking out for your
friends and information about the resources and services
offered by the University if you are feeling under the pump.
Intervarsity Sports Day
Each year the Law Student Societies from various universities
across Victoria organise an intervarsity sports day in the
name of good health and friendly competition. There are a
range of sports on offer, from AFL to netball to dodge ball
and people of all skill levels are welcome to join in. Playing
sports is a great way to unwind from university work while
Many law students find developing and/or maintaining
38
Tristan Jepson Memoriam Charity Event
The Tristan Jepson Memorial Foundation is a charitable
organisation set up in memory of the late Tristan Jepson,
a law student and lawyer who sadly lost his battle with
depression in 2004. Since then, the Foundation has been
39
Disability Liason Unit
committed to combatting the causes of depression and
anxiety in the legal profession.
Each year, in support of the Tristan Jepson Memorial
Foundation, the LSS hosts a charity event to help raise
funds for the foundation that can go towards prevention
campaigns within the legal industry.
What is the Disability Liaison Unit?
• Students should note that the initial meeting may take up
to an hour. Any medical documentation not yet provided
should be submitted at this meeting.
The Equity and Diversity Centre runs four central programs
in welcoming diversity and promoting inclusion. Disability
Support is one of these programs, alongside Student
Equity; Advancing Women at Monash; and Discrimination,
Harassment and Victimisation support.
If you are interested in reading more of Tristan Jepson’s
story, or want to help the foundation, please visit www.tjmf.
org.au
3. Attend the initial meeting:
• The DLO will review all the information provided and
discuss your requirements and explore services available
which may assist you.
The DLU aims to promote access and equity for students
and staff whose potential to achieve is impacted by their
disability, or ongoing medical or mental health condition.
4. 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 time.
What Services Are Available?
The DLU provides a wealth of services as according to
students’ needs. These include:
• Accommodation on campus
• Alternative formatting service
• Assistive software
• Resting rooms
• Auslan interpreters
• Campus maps
• Equipment loans
• Exam arrangements
• Hearing loops
• Learning skills advisers
• Learning support
• Library and notetaking services
• Peer support program
Students should be aware that any sensitive information
disclosed is kept securely within the DLU. Certain specific
information 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 Information
Registration Form: http://monash.edu/equity-diversity/
disability/dlu-registration-form.doc
Further Information Regarding Documentation: http://
monash.edu/equity-diversity/disability/documentationrequired.html
For more information on these and other services, please
contact the DLU.
DLU Privacy Statement: http://monash.edu/equitydiversity/disability/dlu-privacy-statement.html
Further information: http://monash.edu/equity-diversity/
disability
How Do I Access These Services?
Students who wish to access these services must apply
through a registration process.
DLU contact information:
Phone: 9905 5704
Fax: 9905 5517
Email: dlu@monash.edu
Building 55, Level 1
Clayton campus
http://monash.edu/equity-diversity/contact-us.html
1. Complete and submit the registration form:
• Requires completion of the form by a qualified
professional with comprehensive training and experience in
the relevant field of health/disability; or
• Other original documentation which Is from an
independent qualified health professional who has
experience in the relevant field, such as Psychiatrist,
General Practitioner, Physiotherapist etc; and Clearly
states the condition, its impacts on your academic life, and
recommendations for accommodations to address these
impacts.
2. Arrange an appointment with a Disability Liaison Officer
(DLO):
• Contact the Disability Liaison Unit to make an
appointment;
• Phone meetings can be arranged;
40
41
CHOOSING YOUR
ELECTIVES
LAW5122 Competition Law
LAW4199 International Laws of Armed Conflict
By Associate Professor John Duns
Monash University Faculty of Law
By Professor Sarah Joseph
Monash University Faculty of Law
What is Competition Law and why study it?
W
understand the limits of what is and is not allowed in armed
conflict. Even at the time of man’s greatest institutional
inhumanity to man, “not anything goes”, regardless of the
perceived ruthlessness or lawlessness of “the enemy”.
ar, seemingly the most ungovernable and brutal set
of circumstances, is in fact subject to some of the
oldest rules of international law, the laws of armed conflict
(“LOAC”, sometimes known as International Humanitarian
Law). The key sources of LOAC these days are the Hague
Conventions of 1899 and 1907, the Geneva Conventions
of 1949, the Additional Protocols of 1977, the judgments
of international criminal courts (and some domestic courts)
and customary international law.
Competition Law is one of the Faculty’s key commercial
subjects. It will be particularly relevant to students who are
looking for a career in commercial law. It is also a subject
that ‘travels well’ in that most jurisdictions now have a
competition law (also referred to as ‘antitrust law’) and the
underlying legal principles and concepts employed are very
similar in each case – even in civil jurisdictions. In terms of
legal practice, it is a specialized area of commercial law and
tends to be one practiced by the larger firms.
“Jus in bello” (law in war) comprises the major part of this
course, that is the rules that govern the conduct of hostilities
in war. Relevant topics include: when do hostilities qualify
as an international or non-international armed conflict; who
is a recognised combatant; what weapons are allowed or
disallowed; is the “war on terror” a “war” for the purposes
of LOAC; when can a terrorist be subjected to a targeted
killing; what is the role of human rights law in times of war;
are drones legal; does LOAC recognise any protect for the
environment or sites of greater cultural value; who is entitled
to Prisoner of War status; what rules govern hostilities
between Israel and Hamas in Gaza; what is a war crime or a
crime against humanity; what is the role of the Red Cross as
the guardian of LOAC; what is the International Criminal
Court and what does it do?
The subject examines the competition provisions of the
Competition and Consumer Act 2010 (Cth). In essence, it
looks at a potentially anticompetitive conduct engaged in
by firms (such as agreements, mergers, pricing conduct and
transactions between suppliers and their customers) and
determines whether this conduct is (a) anti-competitive in
principle and (b) in breach of the Act and if so, the sanctions
that apply. (If you’ve seen the film Antitrust, you’ll get - an
albeit exaggerated - idea of the sort of conduct we look at.)
What are the features of Competition Law?
The feature of that most distinguishes Competition Law
from other subjects, even other commercial subjects, is that
the relevant legislation incorporates economic concepts.
While a ‘law and economics’ perspective is often brought
to commercial subjects, in competition law economic
concepts are employed in legislation itself. Understanding
these economic concepts is both challenging and rewarding
for students and something the courts themselves have had
to come to terms with.
Some short time will be spent, early in the course, on
the separate issue of “jus ad bellum”, the law governing
the legalities of actually engaging in war. As examples of
relevant questions: was the invasion of Iraq by the Coalition
of the Willing in 2003 legal? Was the bombing of Libya by
NATO forces in 2011 legal?
Having said that, there is no assumption that students have
studied economics previously and I think most students
find this the most interesting aspect of the subject. A
second feature is that the relevant statutory prohibitions are
generally quite brief. Unlike much commercial legislation,
the competition provisions of the Competition and
Consumer Act are, for the most part, neither ‘dense’ nor
voluminous. As a result, case law plays a key role.
When I first heard of LOAC in 1996, I thought it to be an
intriguing yet quaintly irrelevant area of the law, as armed
conflicts seemed so rare. Sadly, I was so wrong about that
last part. Subsequent years have been dominated by war,
including the various manifestations of the “war on terror’.
Currently, there are conflagrations in, for example, Syria
and the Central African Republic, and Australian troops are
still in Afghanistan (albeit winding down our involvement
there). And indeed, my views in 1996 were wrong even
then, with the dreadful wars of the former Yugoslavia and
Rwanda not long past.
This unit is relevant to those who may aspire to a career in
an international organisation (such as the United Nations
or NATO) or in government, particularly in military law. In
any case, it is vitally important that more and more people
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45
LAW4163 Parents, Children and the State
LAW4137 Legal Philosophy
By Professor Renata Alexander
Monash University Faculty of Law
By Jeffrey Goldsworthy
Monash University Faculty of Law
the United Nations Convention on the Rights of the Child
and about child abuse and family violence.
Other children’s issues are abduction, relocation interstate
or overseas and special medical procedures. If a child has
gender identity dysphoria, how does a court determine what
is the best course of action? We ask if that is a private family
matter or whether it is up to a court in the public arena to
decide.
This unit is a semester-long elective offered at LLB level.
Everyone is a member of a family. As Leo Tolstoy wrote at
the start of Anna Karenina,
‘All happy families are alike; each unhappy family is unhappy
in its own way.’
Family law involves the relationships between members of
a family and interaction with the legal system in different
contexts. There are different statutes and different courts.
This unit focuses mainly on the federal Family Law Act 1975
(Cth) and issues affecting the formation of relationships
and issues affecting the welfare of children.
Each children’s case is individual and needs to be assessed
and determined on its merits. That involves subjective
decision making based on objective criteria set out in the
legislation. Students are challenged to consider whether
they would make similar decisions in such circumstances.
There is the opportunity to research some of these topics
in a research assignment or to observe these problems in
practice by attending the Family Law Assistance Program
at Monash Oakleigh Legal Service. This option involves
attending the Federal Circuit Court to observe judges and
practitioners and to sit in on clients with FLAP students.
We look at the laws around marriage and de facto
relationships and how to terminate those relationships. We
look at what constitutes a marriage or a de facto partnership.
From a policy standpoint, we ask why Australian law does
not recognize same-sex marriage but does recognize
marriage of a transsexual and does recognize polygamous
marriage in some cases. How is a marriage dissolved? There
is nullity and divorce. Although there is only one ground for
divorce, there is case law about what constitutes separation
and terminating the marital relationship. Although divorce is
fault-free, case law still involves airing out of ‘dirty laundry’
and we ask if that is desirable.
Family law is fascinating. Everyone is affected by family law
and to be a good family lawyer, you need to know many
other areas of law as well as understand family dynamics and
apply a non-judgmental, informed and holistic approach to
a family law dispute. This unit exposes students to various
aspects of family law affecting relationships and children
and opens the opportunity to apply that knowledge in
practice through other subjects like Professional Practice
and Advanced Professional Practice (at FLAP). For a more
comprehensive understanding of family law, students
are encouraged to also undertake the LAW4162 Family
Property and Financial Disputes elective if offered.
The majority of the unit looks at parenting and children’s
issues.
With ever-evolving ways of having children, the first
question to ask is who is a parent? This is complex and
complicated. A child may have biological parents, birth
parents, surrogate parents, step- parents, social parents
and co-parents, sperm donor, ova donor, adoptive parents,
foster parents and others in loco parentis. The relationships
with each of those ‘parents’ may have different rules and
different consequences. If the relationships break down,
parties have non-adversarial options like mediation and
counselling. If that does not work, then parties have to
litigate. The paramount consideration under the Family Law
Act in parenting disputes is the ‘best interests of the child’
and there are many factors to be considered.
Most practising lawyers, even judges, do not have time to
study these questions in depth. Once you leave law school
your ability to do so will be very limited. That is why former
Chief Justice Sir Anthony Mason once said that law schools
should put “greater emphasis on jurisprudence and the
philosophy of law so that graduates emerge . . . with a
panoramic view of the law as an intellectual discipline rather
than as a series of discrete and unrelated pigeon-holes . . .
[This] requires active cultivation of that spirit of inquiry
which has been the touchstone of academic life” (speech at
Inauguration of Faculty of Law, University of Wollongong,
1991).
Legal Philosophy tackles the “big questions” about law –
what is it ultimately all about?
Judges often seem pulled in two potentially different
directions. On one hand, they aim to use logic to derive
their conclusions from legal rules and principles, and
ultimately from the most fundamental ones. On the other
hand, they understandably prefer to reach decisions that are
just and promote the public interest. They hope that these
two aims are consistent, as they would be in an ideal world
with a perfect legal system. But in the real world where law
is imperfect, what should judges do when the two aims
diverge? Judicial creativity – called “statesmanship” by
admirers, and “activism” by critics, is often the result.
Legal philosophers offer a deeper and more rigorous
understanding of law’s basic premises and methodology.
From their perspective, legal reasoning is often “under
theorised”. To take just one example, although judges for
centuries have referred to legislative intention as the primary
guide to statutory interpretation, they have not arrived at
any clear and accepted understanding of the nature of
legislative intention. Some of them now say that it does not
really exist, or that it is really “constructed” be the judges
themselves. Judges have also failed to clearly distinguish
between when they are revealing or clarifying the meaning
of a law, when they are supplementing that meaning to
resolve indeterminacies (ambiguity, vagueness etc), and
when they are changing its meaning (for example, to correct
drafting errors or omissions). Many other questions about
judicial methodology, and ultimately about the nature of
law, also stand to benefit from theoretical clarification.
The extent to which the two aims diverge depends on what
the most fundamental rules and principles of a legal system
are. But what determines the answer to this question?
What is law, ultimately? Legal philosophers have given very
different answers to this question. Some argue that the
law is ultimately a matter of fact, which has no necessary
connection to justice or good governance. They emphasise
that law is made by people, who despite aiming at justice
may make mistakes capable of producing extremely unjust
laws. Other philosophers argue that there is a necessary
connection between law and justice, such that an extremely
unjust law simply cannot be a valid law. On their view, law
is defined partly by an aspiration to be just: the orders of
a powerful criminal gang, even if in control of a large
population, could not be called “law”. These philosophers
emphasise similarities between the language of law and that
of morality, such as the way that law claims to be genuinely
authoritative, to impose duties and confer rights, and so on.
If they are right, then there are limits to the extent to which
the two aims I described at the outset can diverge.
As well as helping to improve our understanding of the
nature of law, and therefore of what lawyers and judges
do, many students find that legal theory is intellectually
stimulating and enjoyable – a refreshing change from
studying yet another area of substantive law.
All lawyers necessarily subscribe to some kind of legal
philosophy, even if they are unable to articulate it clearly and
thoroughly. This is because they engage in legal reasoning,
which is necessarily based on starting premises. They
necessarily assume that such premises exist, even if they
rarely ask what they are. What, for example, is the reason the
Constitution is binding as law? In my view, some knowledge
of legal philosophy is essential to a proper understanding
of law and legal reasoning. If law is a genuine intellectual
discipline, worthy of study in a University, then it must be
possible to identify and clarify its basic premises and its
methodology.
The unit looks at the legislation, case law and policy
considerations around ‘parental responsibility’ and ‘best
interests’. There are issues around parental responsibility,
lifestyle and parenting capacity as well as children’s wishes,
their emotional and physical welfare, their heritage, status
quo and recent amendments to the Family Law Act about
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47
LAW4537 Public Policy, Regulation and the
Law
LAW5152 Taxation Law and Advanced Taxation
Law
By Dr Eric Windholz
Monash University Faculty of Law
By Professor Stephen Barkoczy
Deputy Dean, Monash University Faculty of Law
endeavour.
Case studies feature prominently in the teaching of the
Unit. The case studies have been chosen carefully to
reflect a broad range of economic and social issues, large
and small. The environment, workplace health and safety,
tobacco and alcohol, gambling, sport and dangerous dogs,
are examples of the cases that will be studied. Many of the
case studies are presented by guests working at the coal face
of the issues, thereby bringing a real world perspective to
the topics being studied.
Have you ever thought “there should be a law about that?”,
or wondered “what were they thinking when they passed
that law”? Have you ever asked why governments seem
to act almost instantaneously in response to some issues,
yet drag their feet on others? Have you ever queried how
the legal rules you are studying came to be in their current
form? If you have, then Public Policy, Regulation and the
Law is the subject for you.
How will this Unit benefit students?
Public Policy, Regulation and the Law seeks the answers
to the above questions, and more. The Unit asks not only
the “what”, but also the “why”, “how”, “who”, “where”
and “when”. The Unit examines the law in its broader
economic, social and political context: it sees the law not as
an end in itself, but as a means to an end; not simply as a set
of rules, but as a mechanism through which governments
(and others) seek to shape the society in which we live.
Regulation is the dominant form of governance in modern
western societies. There is no area of economic or social
endeavour that is not regulated to some degree. Therefore,
whether you are interested in a career in private practice or
the private sector, in the public sector, or with an NGO, this
subject has relevance to you.
The principles and practices studied in this Unit will prove
invaluable for those considering a career in government
or with a regulator or NGO and whose job will invariably
involve developing and/or implementing public policy and
regulation. It is also relevant to those considering a career
in the private sector (legal or corporate) where you will be
called upon to advise clients on the impact of regulation
(actual or proposed), as well as how best to influence its
development and shape.
The Unit begins by introducing students to the policy cycle
- the process by which issues (or problems) are identified
and prioritised for action by government, and the action
to be taken to address the issue (solve the problem) is
agreed. In doing so, the Unit exposes students to some
of the challenges facing governments and regulators when
deciding whether and how to address a particular issue,
and the role that non-governmental actors (e.g., business,
unions and NGOs) play in influencing the final shape of
that action.
Finally, both the structure of the Unit and its assessment
regime focus not only on core substantive areas of
knowledge, but also on the skills that students need to
succeed after university. In particular, there is a focus on
further developing students’ analytical, written and oral
communication, and team work, skills. The assessment
regime comprises a final exam worth 50%, and a midsemester assignment also worth 50%. The assignment,
in turn, consists of an oral presentation and a written
paper, with students having the choice of undertaking the
assignment individually or in self-managed teams of 2, 3 or
4 persons.
The Unit also introduces students to the breadth of tools
available to governments to achieve their policy ends.
The Unit explores how the concept of ‘regulation’ has
expanded beyond the traditional legal concept of regulation
as (enforceable) rules promulgated by a sovereign state, to
include all the tools used by governments to alter or control
the behaviour of people and organisations, including taxes,
advertising and information, contracts, and co-regulation
with private entities.
The Unit then explores some the theories, concepts and
constructs that explain regulatory practice in a modern
liberal capitalist society, before moving on to consider what
may constitute ‘good’ regulation and regulatory practice.
Importantly, the Unit distinguishes between the theoretical
justifications for regulation and the underlying practical
motivations of the various actors involved in its creation.
performance during your clerkships.
You can undertake a tax law unit as one of your earlier law
electives, and I recommend that you take this option rather
than leaving it too late.
If you wish to pursue a career in commercial law,
particularly with a major law firm, it is critical that you have
at least a general background in taxation law. Taxation is
a major source of public finance and affects all sorts of
employment, business and investment dealings. It also ties
in with many other areas of law, including property law,
trusts, company law and family law. In the commercial
world, taxation is of great importance as it heavily influences
the ways that entities are structured, investments are held,
and arrangements are financed. Commercial transactions
are often heavily driven by tax considerations, and it is
important when dealing with such transactions that you are
able to identify and take taxation issues into account. If you
do not have at least a general understanding of taxation law,
you will be at a disadvantage when working on many kinds
of commercial matters.
Doing a basic tax unit also allows you to take other popular
tax law electives later on in your degree, such as the LLB
elective, Advanced Taxation Law (LAW 5153). This unit
covers a broad range of specific tax structuring issues and
explains how different entities, like companies, trusts and
partnerships, are used as vehicles to make investments and
conduct businesses. The unit also considers a number of
useful tax planning issues relating to common commercial
and financial transactions. It is an extremely practical unit
that is based around a number of legal documents involving
real transactions. Advanced Taxation Law (LAW 5153) is
consistently one of the highest rating units in the faculty and
can be undertaken at the same time as Taxation Law (LAW
5152). In other words, you can study the two units together
in the same semester - you do not need to have completed
Taxation Law (5152) first, so long as it is undertaken at
the same time as you study Advanced Taxation Law (LAW
5152).
The Law Faculty offers the following introductory taxation
law units:
• Taxation Law (LAW 5152) in the LLB (elective); and
• Principles of Taxation (LAW 7276) in the JD (elective).
Both these units are very popular and are taught with a
heavy applied and practical focus. The units cover topics
such as calculating tax liabilities, goods and services tax,
income and deductions, capital gains tax, corporate tax
and superannuation. You do not need to have a commerce
background to undertake these units, as the law is taught
from basic principles and prior knowledge is not assumed.
Indeed, not having a commerce background is a good
reason in itself for undertaking the units.
Having knowledge and skills in taxation law can be beneficial
as it opens up many employment opportunities, not only
in law, but also in related fields such as with government,
accounting firms, banks and financial institutions.
Understanding how the tax system works can also help you
personally in planning your finances and dealing with your
investments and superannuation issues. It also gives you a
much better general understanding of economic, political
and financial affairs. Furthermore, it also provides greater
context to a range of other law units you will study and
helps you think in a more commercial way.
For students contemplating clerkships with commercial
law firms, I strongly urge you to undertake an introductory
tax law unit beforehand as this will give you a much better
commercial base and help with your understanding of
a broad range of transactions. This will help with your
Finally, the Unit explores how the law intersects with,
supports and shapes, public policy and the regulatory
48
49
LAW4244 Construction Law
LAW4140 Media Law
By Associate Professor Paula Gerber
Monash University Faculty of Law
By Sharon Rodrick
Monash University Faculty of Law
This subject is taught in a fun, engaging and practical
manner. The lecturer, Dr Paula Gerber is a leading expert
in construction disputes, having worked in this field as a
solicitor in London, an attorney in Los Angeles and a partner
in a major Melbourne law firm. She has received national
awards for her teaching that recognise her innovative
approach, including the production of animated short films
to explain complex concepts.
The Australian construction industry is an important part
of our economy, representing 7.8% of GDP. It employs
close to one million people, and undertakes more than
$120 billion worth of work annually. Yet the industry is far
from being a world leader due to the prevalence of a highly
confrontational culture in which conflicts and disputes
abound. It has been estimated that in excess of $7 billion
is wasted annually on resolving construction disputes in
Australia.
See:
ABC
of
DRBs
at:
www.youtube.com/
watch?v=0pQeZFaJH_4 and What is Construction Law?
at:
http://www.youtube.com/watch?v=H2gpvhZ4AlQ
She is also the author of the prescribed textbook, Best
Practice in Construction Disputes: Avoidance, Management
and Resolution (http://store.lexisnexis.com.au/store/au/
catalog/productDetail.
Because of the high incidence of construction disputes,
the overwhelming majority of major law firms in Australia
promote construction law as one of their areas of expertise,
including construction dispute resolution. Construction
law is regularly listed as one of the ‘hot’ areas in reports that
look at recruitment trends in the legal profession.
Thus, there is a constant demand for construction lawyers,
both in Australia and overseas. Having studied construction
law as part of your LLB will put you in good stead with
prospective employers.
This unit takes a holistic approach to construction disputes.
It does not just look at dispute resolution, but considers
the causes and nature of construction conflicts, how and
why they escalate into disputes, and what can be done to
prevent construction disputes. The medical profession has
long advocated for preventive medicine, recognising that it
is better and cheaper to get someone to quit smoking than
to try and cure them of lung cancer. This course argues
that the same approach should be taken to construction
disputes, that is, the legal profession must invest more
time and energy into preventing disputes, rather than just
focusing solely on their resolution. So much of the course
is focused on the concept and philosophy of dispute
avoidance processes (DAPs) such as dispute resolution
boards and dispute resolution advisors who are put in place
at the commencement of a project and play a pivotal role
in keeping the parties working together to ensure a project
is finished on time, within budget and with no outstanding
disputes.
M
Media Law 1, which deals with the media and the state,
Copyright Law, which is taught at an undergraduate level,
Broadcasting Law, which is taught in postgraduate studies
and Freedom of Information.
edia Law 2 deals with three topics: freedom of speech,
defamation and privacy.
The first week is spent on freedom of speech. During that
week we consider: what is speech? What does it mean to
describe speech as free? How does Australia protect speech
compared with other liberal democracies?
The next eight weeks are spent on defamation, which, of all
laws, has the most impact on the daily work of the media.
We first consider the elements of the cause of action,
which raises interesting issues such as: what happens if the
plaintiff and the defendant disagree about the meaning of a
publication? Should holding a person up in a ridiculous light
be one of the tests for determining whether a publication
is defamatory? Is there a difference between a person’s
private reputation and their professional reputation? Should
companies be able to sue for defamation? Should search
engines be liable for defamatory material that appears in
a search result? What about internet content hosts? What
if the defamatory matter refers to a group rather than an
individual? We then move on to the defences, constantly
asking whether they strike an acceptable balance between
reputation and free speech. These include truth, fair
comment, absolute privilege and all forms of qualified
privilege. We conclude with a consideration of remedies.
The last three weeks of the course are devoted to the action
for breach of confidence and to privacy. The focus with
the action for breach of confidence is on personal and
government information, as it is with the publication of this
information that the media is most concerned. This leads
to a consideration of whether Australia should introduce
a cause of action for privacy and, if so, whether it should
be a creature of the common law or the result of legislative
intervention. The approach to privacy in the UK and NZ
are used as comparators and the reports of various law
reform commissions are considered.
Students generally find the course interesting, not least
because it deals with cases that feature public figures with
whom they are familiar. Class discussion is encouraged.
If DAPs are not successful in preventing construction
disputes, it is necessary to look at the most effective and
efficient way of resolving the dispute. Litigation should
always be viewed as a last resort, and so we spend time
looking at the plethora of ADR options available including,
mediation, expert determination, early neutral evaluation
and senior executive appraisal.
While the course is not a practical, hands on course, it
does give students an awareness of the practical challenges
involved in running defamation cases, especially the
importance of drafting pleadings carefully.
Other relevant areas of the law offered at Monash include
50
51
LAW4164 International Refugee Law and Practice
LAW5128 Succession Law
By Maria O’Sullivan
Monash University Faculty of Law
By Associate Professor Matthew Groves
Monash University Faculty of Law
students considering law firm work would also benefit from
undertaking the course.
I also encourage students to consider undertaking an
Honours or Research Unit project in the area after
completion of the unit, as there are many legal questions
which require further analysis in refugee law.
There are few issues in Australia which evoke as much
political and personal debate as refugee law. How best to
deal with asylum-seekers raises many ethical, moral and
legal issues. Given that there are far more asylum-seekers
in the world that can be taken in by host states, how should
the international community deal with this world-wide
problem?
Why you should take this course
Refugee law is one of the most pressing international issues
of our time. It is important as a lawyer that you be properly
informed of the relevant international and domestic legal
positions on asylum and how they came to be formulated.
I am very passionate about refugee law and I am a frequent
contributor to public debate (radio and newspapers etc).
In 2014 I will be running a major international refugee law
conference in Prato involving academics and practitioners
from Australia, Europe and North America. We will be
analysing some of the ‘big’ issues in refugee law – boat
arrivals, interdiction, offshore-processing and regional
asylum arrangements. I am therefore very much involved
at an international level in this area and will be able to share
that knowledge with you. I think you will find this course
very enjoyable and stimulating and I welcome you to come
and try the course in First Semester. I look forward to
seeing you then!
International Refugee Law and Practice examines these
intellectual and legal debates by considering the main
international treaty on refugee law, the 1951 Refugee
Convention, and how States have interpreted that treaty in
domestic law. In addition to analysing Australian law and
policy, we also look at comparative international law (with
an emphasis on the European Union) and the ways in which
the law should be reformed.
Controversial and interesting issues
Some of the controversial and interesting issues we discuss
in the course include the following:
• Can a country like Australia penalise those asylum-seekers
who arrive by boat and process them in an offshore location
such as Papua New Guinea? What other legal restrictions
can be instituted against refugees? Are there any means of
challenging such laws?
• The Refugee Convention is considered by some to be outdated. How can we interpret it to ensure that it continues
to provide protection to needy asylum-seekers in a modernday context?
• Can refugees be excluded from the Convention if they are
suspected of being a terrorist?
separation that comes with a divorce decree. The family
members who have fought a succession law dispute are still
related when it is over. Despite the frequent bitterness,
there are good reasons why so many lawyers work in the
area. It is a constant source of work and many people are
relieved to hand over management of an estate and deal
with their grief. A good lawyer can provide certainty to
people who want to plan their affairs. They can also provide
sound advice and therefore help to defuse a difficult family
argument. From a professional view, a practice that can
provide succession law advice can provide clients with a
more holistic service.
Why study succession law?
The right to own property is a basic one in modern society
but it does not extend beyond death. After all, you really
can't take it with you. Succession law is about the ability
of people to make instructions about the disposal of their
property death. The means to do so - by making a will is not like any other area of law. A will is not a contract
because it requires no consideration and can be revoked for
any reason and at any time until the moment its maker dies.
A will is also not mandatory because there is no obligation
to make one.
What does succession law involve?
The right to dispose of your property upon death is known
as freedom of testation. Judges often refer to this as a basic
or fundamental right but the core of succession law is about
how legislation and the common law restrict that right. The
limits of freedom of testation appear the moment of death
because the one thing that people cannot cover in their own
will is the disposal of their own body. The common law
does not allow for binding directions in a will about funeral
arrangements or the disposal of a body. The right to
determine those issues lies with the manager (or 'executor')
of an estate. Succession law is therefore as much about
what you cannot do in a will as what you can do.
The key issues covered in this subject are:
• the mental requirements to make a will. These developed
to ensure that wills were voluntary documents but the
requirements of capacity now prevent many elderly people
from making or changing their will;
• the formal execution requirements for a will. This is
the reason people use lawyers to make wills. Lawyers now
also advise on the statutory power that allows the courts to
bypass errors in execution;
• when people unhappy with a will might seek a better
share of the estate. This is known as ‘family provision’ and
is now the most active area of succession law, which means
the key issue of the area is not how to make a will but how
to defeat it;
• the professional obligations of lawyers in will making
and estate management. Lawyers come undone regularly,
sometimes spectacularly, when they act as executors. The
problem has become so common that the Legal Services
Commissioner now gives special attention this area.
Internship and Career Avenues
My personal work history has included a position as a
Legal Adviser to the Refugee Review Tribunal and both
research and practical experience in the UK, so I frequently
use that practical experience in the course. The teaching
will therefore be both academic and practical in nature. I
have established links with the UN High Commissioner
for Refugees and several international NGO’s and will be
encouraging and assisting students to undertake internships
after the course. In terms of career options, students
will be able to apply for work with the Department of
Immigration, Refugee Review Tribunal and both domestic
and international NGO’s (the Refugee and Immigration
Legal Centre, Amnesty International etc). A number of law
firms carry out government work in the area of refugee law
(either acting on behalf of the Department of Immigration
or on a pro bono basis for asylum-seekers). Therefore,
Why do lawyers work in this area?
Succession law can be as nasty as family law but without the
52
53
GETTING THE MOST
OUT OF YOUR DEGREE
Clinical Education Units
Professional Practice
change to benefit the community, by remedying a legal
problem, policy or process. This role requires attendance at
the Victorian Legal Aid offices one day a week in addition
to external research, report preparation and consultation
with their supervisor.
LAW 5216
This 12-credit point unit allows for you to undertake a
practical placement as part of your law degree at a Monash
University associated community legal center. Engagement
in this program requires students to use and apply the skills
they have learned to real legal issues and client problems. The
nature of the program requires a high level of commitment.
Generally, the programs workload requires: one halfday session at the legal center per week for 17 weeks, a 2
hour seminar per week and one and a half days per week
dedicated to client follow up and case management.
Ashurst Corporate Governance and Responsibility Clinic
Students participating in this clinic will work with faculty
members, practitioners and corporations to prepare
Corporate Governance Reports for ASX listed companies.
The role requires weekly attendance for a clinical program
at Ashurt’s offices throughout the semester, external
research, report presentation and consultations with the
student’s supervisor and finally, a presentation of corporate
governance reports to the appropriate organisations at the
finalisation of the semester.
Involved activities may include client interviews, individual
management of files, writing letters of advice or negotiating
and advocating on behalf of your clients. Management of
client files is the responsibility of the student however all
activities are supervised by a registered legal professional.
Participation in this unit allows students to improve upon
their communication skills, critically analyse the adequacy
of the law and legal processes upon application and to apply
theoretical knowledge to ‘real-life’ scenarios and issues.
Sexual Assault Clinic
In conjunction with the South Eastern Centre Against
Sexual Assault at Springvale Monash Legal Service. Involves
the provision of legal services to victims of sexual assault.
Human Rights Clinic
In conjunction with the Castan Centre for Human Rights
and Holding Redlich. Involves litigation involving human
rights in the broadest sense – everything from compensation
for workplace injuries and discrimination to assisting asylum
seekers and elderly victims of fraud and predatory lending.
Immediate casework supervision is provided by the law
firm and academic coordination by a member of Castan
Centre staff.
The assessment for this unit involves:
• Practical legal service work (60%)
• Community engagement (20%)
• Written assignment or court appearances plus report
(20%)
Prerequisites requiring completion prior to commencement:
• Introductory First Year Subjects
• Contract Law A and B
• Criminal Law A and B
• Torts Law A and B
Commercial Law Clinic
In conjunction with Moores Legal and involves engaging
in commercial legal work for “not-for-profit” organistions.
Family Violence Clinic
Assisting victims of Family Violence through attending
the court on family violence list days and assisting the duty
lawyer to help clients make victims of crime applications to
the Victims of Crime Tribunal.
Advance Professional Practice
LAW 5159
This 6-credit point follows on from participation in the
professional practice unit. This program seeks to further
expand upon the skills students learnt in the earlier program
whilst providing further challenges. Places in each program
are strictly limited. Therefore priority is afforded to students
nearing the completion of their degrees with a high level of
interest in the area. Advanced professional practice students
are positioned at external organisations and may be involved
in different tasks. These include:
Migration Clinic
In conjunction with staff working with the South Eastern
Migration Service. Students who have an interest in
migration law and working with refugees may assist
clients in making visa applications, responding to official
governmental requests or may be involved in preparing
reviews of decisions to the department or the Refugee
Review Tribunal.
Victorian Legal Aid Strategic Advocacy Clinic (italics)
Student is partnered with a public defender or advocate to
work on a strategic advocacy project that aims to facilitate
56
JobWatch Clinic
Students are based at Jobwatch organization in the CBD
whereby they will Students extensive training and support
to enable student to provide advice in relation to various
employment law issues, and assist with legal education
materials.
division, divorce and making arrangements for children.
Assessment:
• Casework and performance (70%) (including attendance,
punctuality, ability to take and act upon instructions,
maintenance of the client relationship, professionalism,
initiative and quality of work produced); and
• Research activity or assignment (30%)
The assessment for this unit involves:
• Casework at Clinical Placement (80%)
• Research Paper 1000-1500 words (20%)
Prerequisites:
• Completion of a prior placement at FLAP as part of an
earlier Monash family law unit; or
• A minimum of 12 weeks volunteering at FLAP for one
day per week; or
• Completion of professional practice (LAW 5216)
Prerequisites requiring completion prior to commencement:
• Professional Practice Unit
• All pre-requisites requiring completion as for professional
practice
For further information, enrollment details and cenus dates:
http://www.law.monash.edu.au/about-us/legal/cle/
undergraduate-units.html
Further information:
Clinical Legal Education Intake Periods and How to Apply:
http://www.law.monash.edu.au/about-us/legal/cle/
undergraduate-units.html
Clinical Legal Education webpage:
http://www.law.monash.edu.au/about-us/legal/cle/
Family Law Assistance Program (FLAP)
Law 5128
FLAP is an intensive 12-credit point unit, which allows
students to further develop their knowledge, understanding,
practical skills and experience in the specific area of family
law. FLAP itself, is administered by Monash University
and funded by the Commonwealth Attorney General’s
Department.
Course Requirements
Over the course of 17 weeks students are required to
manage and oversee their own family law case files whilst
under the supervision of a family law practitioner. This
involves students drafting documents, advising, interviewing
and managing clients, brief counsel, attend court to instruct
counsel and maintain correspondence and professionalism
at all times. Specifically the unit requires, students to attend
a 2-hour seminar for 8 weeks plus regular tutorials, attend
FLAP sessions to meet with clients and work on existing
matters, attend the family law courts at Dandeong to work
with duty lawyers on matters and to dedicate time to engage
in research, private preparations and consolations.
Skills Gained
Benefits of engaging in the program ensure students will
have developed the ability to create, maintain and attend to
all substantive and procedural aspects of running a family
law matter, gain a greater understanding of family law and
its application to real life problems, honed their advocacy,
communication skills and ability to negotiation acceptable
outcomes for their clients. Participating students will gain
experience in a wide range of areas including property
57
Student Perspective: Professional Practice
Student Perspective: FLAP
By Rachel Houlihan
by Amanda Fung
While not everyone will find their calling in this style of legal
work, it will undeniably build strong practical skills to translate
into any other facet of the profession. Professional Practice
increased my proficiency at letter-writing and in researching.
It also bolstered my confidence in communicating the law
to non-legal persons. Most importantly, it has given me a
network of mentors and peers to guide me through the rest
of my degree and into the workforce.
During first semester 2013, I undertook the unit LAW5216:
Professional Practice. I had no idea of what I wanted to do
once I had graduated and had very little interest in entering
the legal profession. However, taking Professional Practice
has renewed my passion for the law and has given me greater
prospects for my future career.
Professional Practice was challenging and sometimes
exhausting, but I am so grateful that I had the opportunity
to be a part of the unit. If you are confused about what you
want to do when you finish, or need a change of pace, I
highly recommend that you give Professional Practice a go.
Professional Practice has been the most rewarding experience
I have had at Monash University. When I first started at
Monash Oakleigh Legal Service (MOLS) I was terrified; I
felt overwhelmed by the faith clients had in my capabilities,
and by the amount of responsibility placed on me to chase
parties and documents up. Fortunately, the supervisors at
MOLS were highly supportive and caring during this time,
and I was able to overcome my own insecurities. By the end
of the experience, I felt so comfortable and confident in the
work I was doing at MOLS that I was disappointed to leave.
While I was at MOLS, I dealt with a wide array of matters;
criminal, torts, contracts, property disputes, et cetera.
A particular highlight of my time was instructing in the
County Court, where we were successful in appealing
against a twelve-month custodial sentence for a serious
criminal offence. I really enjoyed working with the barrister
and preparing affidavits and other documents to hand up to
the Court. I also made other appearances for clients in the
Magistrates’ Court. Professional Practice was an excellent
way to gain experience in the courtroom environment.
I have been a volunteer at the Monash Oakleigh Legal
Service (MOLS) since 2011. I commenced as a fortnightly
volunteer at the MOLS Wednesday Night Service and
progressed to volunteer on a casual basis at the Family Law
Assistance Program (FLAP). Volunteers typically nominate
to volunteer one session per week during the advertised
client interview session times.
The majority of volunteer work at FLAP consists of being
the first point of contact with clients and assisting the
Administrator and Professional Practice students complete
the relevant documentation and forms.
Clients make an appointment in advance for one of the
two interview time slots available each day. Consequently
you are given a rough area in which to focus your time and
questions on. For example, they may be seeking advice on a
Property Settlement, Divorce or Childrens Orders. The role
of the volunteer is not to give advice, but to facilitate the
efficient giving of advice by communicating information to
the solicitor who will provide the relevant advice to you to
communicate to the client.
As a volunteer at FLAP, there is ‘guided’ independence
during client interviews. During the first few sessions, you
observe and accompany an experienced volunteer. There is
always opportunity to seek guidance from the Supervisor
during the client interview. The personnel at FLAP embrace
new volunteers and are willing to spend the time to teach
volunteers the skills and experience required when working
in Family Law.
I worked with some wonderful clients during my time at
MOLS, and some who were more challenging. The amazing
thing about this unit is the fact you are dealing with real
people and not a depersonalised set of facts, as is the case
in traditional law subjects. You have to consider the impact
of your advice on the clients’ families and jobs, on their
finances and emotions. You have to look for alternative
avenues and options, in order to achieve the best outcome
for the individual client.
I have certainly gained invaluable skills and experiences
from FLAP that are relevant and transferrable. All practice
areas of law involve client management and assessing the
heart of the issues. It is the role of the lawyer, or budding
lawyer in the case of a volunteer, to guide clients through the
deterring maze of the legal system. What you learn is that
whilst you may not know the intricacies of the particular
area of law, you are better equipped than the average person
to seek them out.
I was also a part of a community project that aimed at
improving access to justice in regional Victoria. Until
I began looking at the issue, I had never realised the
extent to which legal resources are stretched in regional
areas. Other groups worked on improving access to legal
information in health services, and in particular groups of
the community. Professional Practice had impressed on me
the importance of community legal centres in supporting
the disenfranchised and uninformed members of society.
Without these services, thousands of people would be left
without basic access to legal help.
58
59
Negotiation and Mediation
Student Perspective: Negotiation and Mediation
LAW 4160
by Milli Allan
Negotiation and mediation is a six-credit point unit in which
students learn the underlying theories and practices of
alternative dispute resolution processes. These methods of
resolving issues are beneficial in that they provide mutually
acceptable solutions, are cheaper and more flexible then the
traditional judicial system. Having these skills is important
for resolving all manner of disputes in one’s personal
or professional life. Using these skills in the legal field is
increasingly necessary due to the desirability in settling
matters outside of court.
Negotiation and mediation student- summer 2013
Even if you don’t intend to practise law, the unit is useful as
the large majority of the content is not specific to the legal
world. I certainly know I’ll feel a lot more confident next
time I am trying to get out of a mobile phone contract!
Given that the vast majority of cases settle out of court,
the ability to negotiate an agreement in your client’s favour
is essential for any would-be lawyer! Negotiation and
Mediation gives you the tools to approach any type of
negotiation confidently.
Class structure
The unit is fantastic as the content is fun, engaging and always
changing. On any given day the class might discuss theory,
undertake group thought experiments, watch educational
videos (including clips from Entourage), and of course,
practice negotiating! The assessment is largely practical,
but also includes reflective exercises and a short quiz. The
theory of the negotiation component is comprehensive.
Topics range from the psychological, including influence,
perception & deception, to the practical, like managing
emotions, ethics, and how to deal with difficult tactics. The
second half of the unit also covers mediation, including
skills, challenges, and the range of available ADR processes.
This material is complemented by regular opportunities
to practice. By the end of our unit, I had secured an
employment contract for an opera singer, participated in a
‘blind’ negotiation over oil prices, and taken part in a sixperson negotiation over a proposed development project!
The unit gives you the skills to do all this and more. Each
exercise is followed by group discussions where the class
as a whole shares and analyses their experiences to allow
students to collectively improve.
The unit’s strength lies in the usage of practical activities and
experiences to compliment the theoretical aspects of the
course. Through these exercises, students may interactively
learn and explore the techniques and processes whilst
identifying any arising issues or ethical dilemmas. Classes
are small in order to maximise participation. Consequently,
this unit runs a number of times throughout the year.
Assessment:
• Participation (10%)
• In-class assessment (30%)
• Reflective journal submissions (30%)
• Negotiation role play (30%)
Prerequisites:
• Compulsory introductory law subjects (LAW 1101 and
LAW 1104)
Application Form:
http://www.law.monash.edu.au/current
resources/forms/index.html
week of the summer holidays, which I recommend as it
allows you to really immerse yourself in the material (and
knock over a unit in five days).
students/
Highlights
The unit was one of my favourites so far as it made a fantastic
change from more content-heavy units. The focus is on
learning through your own experiences and mistakes. It is
easy to meet a range of new people from all stages of their
degrees – you get to know a person quite well after you’ve
spent an hour in a room with them haggling over a personal
injury claim. The unit will certainly bring you out of your
comfort zone, but I found learning from my own mistakes
far more useful than learning from a textbook. Even for
those who are conflict-averse, I highly recommend it as the
relaxed and friendly nature of the classes make it a perfect
opportunity to practise this very important skill. From the
beginning you are made aware of your personal bargaining
inclinations, whether competitive or co-operative, giving
you a framework within which to analyse your experiences.
The subject is available over the semester and as an intensive
unit during breaks. I undertook it as an intensive during one
60
61
Trial Practice and Advocacy
Student Perspective: Trial Practice and Advocacy
LAW 5127
By Claire Southwell
I would recommend the study of Trial Practice and
Advocacy to any law student, including those who are not
necessarily considering a career as a barrister. Throughout
the unit, I developed my ability to express arguments in
a clear, concise and persuasive manner, and these skills
translate to all forms of advocacy and effective legal
communication. This unit offers an invaluable opportunity
to learn and receive feedback from advocacy experts, which
builds confidence and allows the development of skills that
are beneficial to students in all contexts in which effective
legal communication is required.
T
Trial practice and advocacy is a six-credit point unit that
teaches students the art of articulating and convincing
others of the merits of a particular view or argument. The
subject is taught by The Honourable Professor George
Hampel, with guest lecturers including a number of
respected barristers and Victorian judges.
he Trial Practice and Advocacy elective has been one
of the highlights of my Monash law degree. It is an
invaluable opportunity for law students to develop their
advocacy skills. I found the unit to be engaging, challenging
and rewarding. I completed this unit while studying abroad
at the Monash University Prato Centre. The classes were
therefore intensive, taking place over a teaching period of
less than three weeks. We were placed into small workshop
groups led by experienced advocacy experts and justices
of Australian courts. Through learning in small groups
and engaging in activities and oral practices from early on,
all students received indispensible feedback from these
mentors throughout the entirety of the unit.
Unit Structure
The subject endeavors to educate students on basic
advocacy concepts and techniques, through a combination
of theoretical and practical teaching methods. The
practical exercises require students to put what they have
learnt into practice. These includes student participation
in three workshops which address- examination in chief,
cross-examination and addressing the court generally.
Furthermore, students engage in a series of eight mock jury
trials.
Benefits and skills acquired
In just a few weeks, students learn the fundamental
techniques and skills involved in advocacy through mock
trials. We firstly learnt about the ethics and etiquette of
advocacy, in the context of lawyers’ duties to the court.
Our workshop practices were based around the different
stages that take place throughout a trial, including what is
involved in an opening address, an examination in chief,
a cross examination, and a closing address. The practical
activities engaged in during these workshops were aimed
at teaching us to communicate skillfully and persuasively in
each of these stages. There was a strong focus on using
powerful, simple language in order to communicate clearly.
This skill of simple yet effective expression is particularly
valuable as it is transferrable from oral work to legal writing
in other units. We were also encouraged to think about our
non-verbal communication through body language and our
style of delivery.
Skills Acquired
Students will be able to communicate effectively and
confidently upon completing this unit. They will have gained
a greater understanding of the roles and requirements of
advocates in the adversary system. Consequently, students
will have grasped the skills required to advocate well and
enact this through preparing and presenting opening and
closing addresses, witnesses’ examinations and crossexaminations.
Assessment:
• Written case theory of 500 words, prepared jointly by
students - with both students receiving the same mark (10
%)
• Oral assessment as part of a mock jury trial (20%)
• Final oral assessment as part of the assessment trial (70%)
• Compulsory attendance at all classes exists as a hurdle
requirement (unless mitigating circumstances exist)
Unit structure
While the workshops were fun and engaging, this unit also
provides a unique challenge given that the class content and
assessments are mainly oral. The unit is quite different to
others in terms of the style of teaching, the class size, the
practical activities engaged in, and this oral component.
While presenting orally was at first nerve-wracking,
particularly in such a small group setting, the mentors’
encouragement and feedback helped us all to develop
confidence as the classes progressed. I commenced the
unit with no advocacy experience and very little confidence
in my public speaking ability in a legal context, yet by the
end of the unit, I was able to confidently present my final
oral assessment in front of two highly renowned justices
of Victorian courts. This demonstrates the progress that
can be made in such a short time, due to the engaging and
practical nature of the teaching in this unit.
Prerequisites:
• Compulsory introductory law units (LAW 1101 and LAW
1104)
• Criminal Law and Procedure A (LAW 3301)
• Criminal Law B (LAW 3302)
Application Form:
http://www.law.monash.edu.au/cur rent-students/
resources/forms/trial-practice-advocacy-application-form.
doc.
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63
Law Reform and Community Development
Volunteering Opportunities: Model United
Nations
LAW 5128
By Lydia Chia
Deputy Director of Staff and Volunteers at the 2013 World
Model United Nations Conference
Similarly to the other discussed practical subjects, this sixcredit point unit is run through the Springvale Monash Legal
Service. The unit pairs students with particular marginalised
community groups who are experiencing injustice because
of their common identity, particular legal problem or their
poverty. Working as part of a team, students will collaborate
to resolve these problems whilst under the guidance and
supervision of specialist member of the legal service as
well as a Monash Law academic. The unit involves a 2
hour seminar per week for eight weeks and corresponding
tutorials of 2 hours per week. Individually, students will be
required to allocate eight hours per week for client-group
consultations, private research, preparation of materials and
community presentations.
tell you the same thing: you will not regret it. Conferences
such as these enable you to develop your communication
and research skills. Once at the conference, you will have
to think on your feet to debate with other delegates over
the assigned topic. These skills are also integral to your law
degree and you will find that many of the delegates present
at these conferences are also law students.
W
ith placards raised, delegates representing countries,
such as Russia and the Democratic Republic of
Congo in the Disarmament and International Security
Committee, voted on an amendment to a motion regarding
the issue of territorial disputes and underwater resources.
While this may seem like a scene from a committee session in
the United Nations, this was in fact one of many committee
sessions in the 22nd Harvard World Model United Nations
(‘WorldMUN’) Conference held in Melbourne last year.
Apart from all the academic benefits, WorldMUN has a
social aspect. You will have the opportunity to travel to
a different country each year and experience a different
culture. More importantly, you will meet delegates from
all over the globe and may form lasting friendships with
some of those you meet. WorldMUN was an incredible
experience for me as I’ve achieved things I thought I never
would and have made lifelong friends in the process. What
are you waiting for?
The Conference
This a week-long conference which seeks to simulate the
United Nations. University students assume the position of
delegates to the UN, representing an assigned member-state
to enable debate and discussion on pressing world issues.
The WorldMUN conference is held in a different country
every year and is attended by over 2,000 delegates from
universities all over the globe. In March last year, Melbourne
had the pleasure of hosting the 22nd WorldMUN conference
for the very first time in Australia. I was a member of the
Host Team which organised the conference, serving as
the Deputy Director of Staff and Volunteers (Committee
Volunteers). My role in the conference was to recruit
and oversee a team of over 50 Committee Volunteers,
comprised of high school students in years 9-11, who were
an integral part to the running of communication within the
committee sessions. Organising a conference of this scale
is no easy feat, with many months of preparation involved.
Caffeine fuelled late nights, working to meet deadlines and
managing hundreds of emails, became the norm.
Highlights and skills acquired
Upon completion of this unit, students will have a better
understanding of the law and the legal system’s flaws
and failures and its adverse effects upon individuals and
disadvantaged community groups. Through experiencing
and appreciating the wider social, economic and political
context students will be better equipped to advocate for
these groups personally, pursue beneficial law reform
alternatives and attain just outcomes. Procedurally, students
will come to understand the processes for responding to the
legal needs of the relevant communities, including working
with non-government organisations and government
service providers.
Assessment:
• A 5000 word written, research activity (eg a submission
to government on a specific aspects of law reform;
a set of
community explanatory statements concerning projected
changes to local laws and regulations;
a brief to media on
the regional effects of government policy and regulation)
(100%); or
• A joint research activity with other students totaling 5000
word (eg electronic material, fact sheets) (65%); and
• 5 journal entries outlining the processes and progress of
the project (10%); and
• One public presentation on the progress of the project
(25%)
Benefits, Skills Acquired and Challenges
While preparation for the conference certainly tested
the Host Team’s organisational capabilities, it definitely
brought out the best in all of us. Given that aspects of each
conference are unique to the country that is hosting it, there
was largely no template, which we could follow. For me,
this meant writing up training guides and running training
sessions for the Committee Volunteers from scratch.
This experience has also taught me that any number of
contingency plans will go out the window in an instant but
there will always be a helping hand within the Host Team.
Although you may not have the same opportunity to host
a WorldMUN conference as we did in 2013, I strongly
recommend you participate in WorldMUN or a MUN
conference at least once throughout your law degree. Ask
any of us who have attended WorldMUN and we will all
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65
Volunteering Opportunities: Community Legal
Centers (CLCs)
Volunteering Opportunities: The Prison Legal
Education & Assistance (PLEA)
By Alexandra Lane
former volunteer at MOLS
By Paby Choi
current PLEA volunteer
and negotiating skills and am able to advise and negotiate
confidently with a diverse range of people and work as part
of a team. These volunteering experiences have allowed me
to encounter a wide range of legal professionals. This has
been invaluable in helping me gain an understanding of a
professional workplace environment and the confidence
needed to liaise with practitioners.
Monash Oakleigh Legal Centre (‘MOLS)
Volunteering at CLCs has opened my eyes to the wideranging legal issues plaguing our community. I engaged in
the MOLS advice only sessions as a mentee. This allowed
me to directly interview and advise clients, whilst being
supervised and advised by practicing solicitors and older
law students. This experience was in stark contrast to
my university subjects, as it required practical use of my
developing legal skills. Additionally as the representative
of the program you must showcase initiative, empathy,
organisation and consideration for the client. Many clients
we engaged with had legal issues in the criminal, tortious
and contractual spheres- allowing me to directly apply what
I was learning at that time!
Volunteering has been a formative experience in helping
me decide what lawyer I want to be and the ideals I wish
to embody. The practical skills learned cannot be taught in
a classroom. All students should engage with community
legal centers throughout their degree for no reason other
then giving back to the community and helping out these
worthy organisations which desperately require the support
of volunteers.
quote by Victor Hugo is present in the classrooms that we
work in at Parkville Youth Justice Centre. It is a constant
reminder on why the PLEA program operates– to provide
education for inmates on navigating through the maze that
is the criminal justice system and ultimately leave the system
forever.
Objective
I am honoured to volunteer with the PLEA project. The
group’s objective is not to provide legal advice. Rather, our
aim is to give legal education so that inmates feel empowered
to prepare their legal cases. What is bail? How does VLA
funding work? What’s the difference between a solicitor and
a barrister? The answers to these sorts of questions, which
might come easily to the mind of a law student, are more
often than not known by those who need them the most.
The ancillary effect of our efforts in achieving that aim is
that there is better access to justice since they are better
informed of legal processes and on the law generally.
I recommend that you keep your eyes open for our
next recruitment drive. The PLEA Project is a fantastic
opportunity for students who are passionate about social
justice, with cultural and social sensitivities and a keen
interest in making a difference at the ground level.
Personal Experience
My involvement with the PLEA Project began two years
ago, as a third-year student. I started working as a Presenter,
eventually becoming a Senior Presenter, at the Dame
Phyllis Frost Centre (a women’s prison). This year I have
been working with young people at Parkville Youth Justice
Centre, which has been like a brand new experience even
after working in an adult women’s prison for over a year.
My experience with the Project has let me develop a lot
of valuable skills. Research skills are necessary, especially
given the spread of legal areas that we cover – including
seminars on family, criminal, employment and human rights
law. Much of my personal development in this role has
occurred within the realm of public speaking, sometimes
you’re faced with a very tough audience! I have also found
that I am much more engaged with social and policy issues
and make an effort to keep abreast on what is happening in
the broader community. Working at the coal face spurs me
to keep updated on policies might affect the individuals I
am presenting to.
Other Community Legal Centers (CLCs)
There are a variety of other CLCs, which may serve either a
general or specific community legal need. I volunteered with
the Eastern Community Legal Centre for a year. My role at
the organization was multifaceted, as I was often required
to complete a variety of tasks all in the one day. At times, I
would work at the courts and my tasks involved: interviewing
clients, liaising with court staff and between duty lawyers,
drafting documents, assisting clients with understanding the
court process and balancing their expectations. Alternatively
at the center I would directly assist the lawyers with research
or writing up documents. In particular, I worked with the
family violence sector of the Magistrates courts. This was
a challenging role, because of the harrowing backstories
of our clients and as I was required to understand whole
areas of relevant law for which I had not been taught. This
role opened my eyes to very real impacts social issues, a
lack of governmental support and funding may have upon
the vulnerable and marginalised. I now understand the
benefits in law reforms and policy changes. Our team at
the courts- including community law organisations, support
networks and the court staff- worked together to provide
a comprehensive support network to all involved in family
law disputes as to ensure all needs were properly addressed
and supported. This initiative was the first of its kind in
Victoria and has paved the way as a model for other courts.
Highlights
Aside from developing legal skills and knowledge, a real
highlight for me as a volunteer is the sheer amount that
I have learned during each visit and new experience. The
interactions I have with those in the criminal justice system,
from the inmates to the prison staff, gives a special insight
into this corner of society that doesn’t usually get given a
lot of space in public discussions. Working with a group
of people that tends to attract more public criticism than
support has challenged me to think about the other side
of mainstream opinions and media headlines. Things
get philosophical when you work so closely with those
marginalised from society - I have learned so much about
the law, the community, about life, and myself.
Benefits of Volunteering
These experiences have helped me to understand the role
of an advocate and the skills required to fulfill this role well.
I hope I made a real difference to clients at their time of
need, I feel that I have further honed by communication
“He who opens a school door, closes a prison” – that
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67
Study Abroad Opportunities
Student Perspective: Prato Program
“We should come home from adventures, and perils, and discoveries
every day with new experience and character.”
Henry David Thoreau
By Katharine Brown
Monash Prato Exchange student 2013
Alternatively, you can also prepare your own study plan with
a non-partner university, as long as it’s approved by the law
faculty. Doing this requires a lot more work and may cost
you a bit more (you pay the other universities fees in place
of your Monash fees). This option may be beneficial if you
are interested in a very specific area of law or it may help you
make industry specific connections and career prospective,
or connect you with leading international academics who
can help you further your study.
Going on exchange is one of the most amazing experiences
ever- you must do it.
What is an exchange?
A cultural exchange allows Monash students to visit a
partner University in another country and undertake
relevant subjects that will contribute credit points towards
their degrees. Students remain enrolled at Monash and
continue paying their usual Monash fees.
What if…
• They don’t speak English! Many classes in non-English
speaking Universities or counties may be taught in English
– however this depends upon the school itself
• I have no money! Exchange students are often eligible for
an array of scholarships, loans or grants and with partner
Universities you are still able to pay your normal Monash
home campus tuition fees, which also still may be, deferred
under HELP loan agreement schemes.
• Don’t know where to start! Monash runs a number of
information sessions and exchange expos that provide you
will all the information you will need
• I don’t know anyone going! Monash connects students going
to the same University as so they may share information
and become support networks for each other
• I will miss home and my girlfriend/boyfriend! Skype them
Examples:
If any of the following appeal to you, then combining them
with your studies is a natural progression
• Soak up the Spanish sun, feast upon tapas and siesta in
the afternoons
• Study in Italian palaces whilst eating the freshest and
most incredible pasta, gelati and vegetables and travelling
the countryside
• Immerse yourself in American college life amongst
sororities, frat houses, football games and spring break
• Travel to Scandinavia and gaze at the incredible
architecture, hang out with the coolest hipsters on the
planet and become fluent in bike riding
• Travel to Rwanda and learn first hand about the recent
atrocities that plagued their country and how they are
working to rectify these issues
There is no problem that is too big and cannot be effectively
navigated. Monash works with you to ensure that you may
overcome any issues.
Where?
Why?
Monash has exchange agreements with over 100 partner
universities in more than 25 countries across Europe, North
America, South America, Asia and Africa. Studying abroad
is made significantly easier through these agreements so all
the hard work is done for you! This guarantees that virtually
any place you would want to go- there is a University for
you!
Going on an exchange is an incredible experience. Being
able to fully immerse yourself in another culture is a once
in a lifetime opportunity. The range of financial incentives
to exchange students act to ensure that exchange, for any
student, is a viable opportunity. Studying overseas enhances
your Monash degree whilst allowing students to gain an
international perspective and become global citizens. This
advances their career prospects, their personalities and
their outlooks. The real question should be why not go
on exchange!!! You have nothing to loose and absolutely
everything to gain
Website:
http://monash.edu/study-abroad/outbound/exchange/
partners/index.html
Additionally there are a number of faculty managed
exchanges to Prato, Malaysia, Israel or a variety of
internships that students may engage in.
Website:
http://monash.edu/study-abroad/outbound/facultyprograms/law/
68
place is very different yet equally amazing.
All in all, Prato is a thrilling experience full of new people,
new experiences, amazing food and beautiful places. For me
it was a flurry of terrace parties, spontaneous weekend trips
away, genuinely interesting subjects, way too much gelato
and experiencing living out of home for the time, with
amazing friends, in Europe. I really cannot recommend it
highly enough.
A
s most people who have been will tell you, Prato
stands out for me as a highlight of my degree. It’s
an experience that I can’t recommend enough to anyone
interested in travel, meeting new people, or even just excited
by the prospect of skipping a winter in Clayton.
A Truly Italian Experience
Prato, despite its label as a former ‘industrial city,’ is a
beautiful, but small town. It’s got pretty much everything
you would expect from an Italian village – plenty of cobbled
streets, cafes, gelato shops and renaissance buildings. Not
much happens there at night though. For this reason, most
people tend to live in Florence and catch the train (around
20 minutes) into Prato each day. Florence is a brilliant base
if you’re planning on doing weekend trips away, and it’s full
of things to do and places to eat and shop in your spare
time.
Florence is quite a small city and it’s incredibly walkable.
The beauty of this is that no matter where you stay you’ll be
within walking distance of pretty much anything in the city.
This assures that every nook and cranny is fully explored
and every food store critically examined. Florence, being the
centre of the Renaissance movement, is rich with history.
Every street and building tells its own story and discovering
these is truly incredible. Florence is an easy city to live in,
as although it does have its own idiosyncrasies, these are all
part of its charm. From attempting to navigate any form of
official paper work to trying to locate basic household items
at ‘convenience stores’, all these experiences help to build
upon the experience and to ‘character building’.
Highlights
The food is a major highlight of Florence. Make sure you
try ‘Vivoli’ for amazing Gelato, the ‘Secret Bakeries’ for late
night snacks and ‘Gusta Pizza’ for the best pizza in Florence.
Winery tours throughout the Chianti region are a great way
to see the countryside and try a variety of world-renowned
wines. As well as the everyday highlights of Florence, it’s
also worth engaging in special events that overlap with
the university semester. Gelati festivals, historical football
and modern soccer matches, White Night festivities and
Easter parades to name a few. These events combine
culturally significant events with entertainment and provide
an amazing backdrop to view Italian customs. Florence is
a great base to explore other parts of Italy properly and
without stringent time limits. The canals of Venice, to the
dizzying heights of the Cinque Terre walks, the beaches in
Positano to the ancient streets of Rome or Pompeii- each
69
Student Perspective: Malaysia Program
Student Perspective: Going on Exchange
By Chris Brack
Monash Malaysia Exchange student
By Eloise O’brien
Exchange student at the University of Copenhagen 2013
quite simple and there can be financial incentives compared
to non-Monash exchanges. The program is shorter than a
traditional exchange, which can be a positive or negative
depending on what you are looking for. Overall I’d say
seriously consider doing an exchange at some point during
your degree.
The Monash campus in Malaysia doesn’t have a normal
law program, instead it only pops up during our winter,
and therefore everyone who studies the program is on
exchange, there are only a handful of local students. This
means most of the students are from Australia, Germany,
France and Canada. While it’s unfortunate not to be able to
study with local students, there are still a lot of experiences
to be shared with others from all over the globe. When I
began my degree I never intended to go on exchange, and
only really ended out going because of circumstance, but
I’m really glad I went and would encourage every student to
go on an exchange at some point during their degree.
Students tend to choose one of two options. Some study
two units over the five week period between semesters
while others study three units over eight weeks, meaning
they go a couple of weeks into Semester two. As a general
rule, the pattern ends out being having a three hour class
every weekday. The subjects are quite similar to units run at
Clayton, so you do earn the credit points, but there is also
enough spare time to enjoy yourself and travel. We went
away most weekends to spots around Malaysia, and some
even went abroad. During my time I went away to Malacca,
Langkawi and Penang.
the signals and start to build those quads! Scandinavians
in general are remarkably proficient in English and very
warm and welcoming people. It is an expensive place to
live, but don’t let that deter you, with the right preparation
and reasonable expectations you wont have any trouble
enjoying your time on a budget! The housing situation
for students is notoriously bad so if you haven’t got preorganised living arrangements and don’t know anyone in
the city I would recommend going through the university
but do pay attention to the location of the housing – it can
be frustrating to be living far away from all the action! There
is no one-size-fits-all formula for the perfect exchange so
my best advice is: pick somewhere that excites you and
embrace the opportunity, you will not regret it and you will
return infinitely enriched by your experiences.
Study Abroad?
As I sit here writing this I am- currently sweating up a storm
under about 15 layers of clothing, nursing two bruised knees
(trying to get on a bike in high-heels was not my brightest
moment), staring out the window onto some of trendiest
office buildings I’ve ever laid eyes on and salivating over the
wafting smell of freshly baked kannelsnegl. If you haven’t
already guessed – I’m in Copenhagen, Denmark! My name
is Eloise and I’m a second year Arts/Law student studying
at the University of Copenhagen for the second semester
of 2013. Having decided not to take a gap year I was craving
something different to the daily grind, so I took my wise
and wonderful older brother’s advice, closed my eyes, spun
the globe and my finger just happened to land on delightful
Denmark! Just kidding, but I’ll be honest with you, the
logic behind choosing my exchange preferences was hardly
highbrow – I wanted somewhere beautiful, where they
speak a foreign language, with a white Christmas and, of
course, good shopping. Copenhagen has been all that and
more.
My Experience
When I arrived in August the weather was (quite
surprisingly) glorious, and the Danes certainly know how
to take advantage of the Sunshine. There’s an abundance
of free food, music and cultural events in the streets,
cute cafes with crowded outdoor tables and disarmingly
attractive danes sunbaking and swimming at the Harbour
Pools. If you’re an art or design enthusiast, look no further.
Every second building is a feat of architectural genius
(notably the KU student housing, Tietgen Kollegiet and the
new Humanities faculty on Amager) and there are several
fantastic art galleries in and around Copenhagen (Arken and
Lousiana are particularly worthwhile). In autumn the many
green spaces are breathtaking with red and orange leaves in
abundance. My apartment is surrounded by five different
parks within a two kilometre radius in the heart of the city!)
However it has been the city’s transformation into a winter
wonderland that has really given me something to rave
about. There is no direct translation for the Danish concept
of “Hyggeligt,” and I think it must be experienced to be
understood! Let me tempt you by saying there is nothing
quite like drinking gløgg by a cozy fireplace watching the
snow fall through a frosted window.
The Monash campus in Malaysia is located in Sunway,
which a half hour taxi trip away from Kuala Lumpur. While
the area around the campus isn’t exactly bustling, it does
contain a Chadstone sized shopping centre which is walking
distance away – these sort of shopping centres seem to be
the norm over there. There are some interesting tourist
spots and places to go out which can be visited with a bit
of organisation.
Most students tend to use the accommodation on campus.
The rooms are basic but this is more than compensated
for by the great exchange experience you get from living
on campus. While some students did choose to rent a
nice apartment in Kuala Lumpur they had to cope with
a commute, which was far less pleasant than our walk to
the classrooms. The program is mainly held over the break
between semesters in Malaysia, so the campus is pretty quiet.
The climate of Malaysia is quite a pleasant chance from a
dreary Melbourne winter, although it does get quite humid.
Tips and Tricks
I would recommend to anyone to go on the Malaysia
exchange. It is an interesting cultural experience and a good
chance to socialise with students from all over the globe.
Being a Monash campus, the administrative side of things is
Personally, I think the best (and only) way to truly see the city
most of the year round, is by bike. Copenhagen’s streets are
outstandingly bike-friendly so it’s incredibly safe, easy and
probably the cheapest option. Just buy a sturdy steed, learn
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71
Student Perspective: Going on Exchange
Debating
By Gabriella Bornstein
Exchange student at King’s College, London
a spot in Halls. It means everyone there is ready for new
friends and is new to London. It’s an instant source of
fellow explorers and late night tea drinking buddies. Many
of my favourite memories from exchange were in the Lord
Cameron Kitchen.
What is MAD
Quick Tips
MAD was established over 50 years ago, and has had
tremendous success in both the national and world debating
circuits over its rich lifespan.
After three and a half years in Clayton I changed scenery
for a year King’s College, London. I swapped the view from
Sir John’s of the Menzies to the view from the Waterfront
of The Thames, complete with the London Eye and
Westminster Abbey and enjoyed with a pint of snakebite
(½ Beer ½ Cider with a shot Ribena, somehow it works?).
The law basement swapped for the East Wing of Somerset
House and study sessions now in the Reading Room of the
Maughan Library (Dumbledore’s office).
1.Make sure you can manage with a flexible course structure.
A subject might not run or you might not get full credit. If
you go for a full year you’ll have used nearly all of your law
electives in one hit. It’s definitely worth it but make sure you
have actually thought about it.
2.Exchange rates can fluctuate a lot throughout the planning
process. Pay for things at opportune moments and budget
for things being more expensive than they were when you
first planned exchange.
3.Think about how much time you have to travel before or
after. Weekend trips are great but some places take more
than 2 days to explore!
Law
King’s is in the heart of the London Legal district. This
allowed for extensive exposure to legal professionals
through firm events, guest lectures and other co-curriculars.
Our Public International Law was invited to attend
the Shabtai Rosenne Memorial Lecture. Dame Rosalyn
Higgins (Former President of the International Court of
Justice) delivered the 2012 address. She inspired with her
intelligence and eloquence. On the lighter side, Linklaters’
lawyers had to compete with Rihanna’s ‘Only Girl’ blasting
from the Somerset House Ice Rink during their negotiation
workshop. I would take all my Aussie visitors to parliament
to watch their MPs trade witty one liners in divers accents
and argue about ‘the poor’ in a room plated in gold.
London
I’ve now been back in Melbourne for six months and
what I miss most is the constant companions from halls,
brilliant (affordable) theatre, weekly travel opportunities
and endless enthusiasm. I would encourage all students
to take advantage of Monash’s overseas partnerships and
enjoy labelling having another gelati, beer, crepe, wine or
baklava as a cultural experience.
Celebrity
I never thought I was a fan girl until I lived in London. I
met Benedict Cumberbatch at the local theatre. I managed a
quick chat on the stairs but was interrupted by Mark Gatiss
(highlight of exchange!). A life size Daniel Craig has made
the trip home after we ahem ‘acquired’ it from the Skyfall
premier at Lieceister Square. We took selfies with Stephen
Fry at the Globe and walked past Tim Burton and Helena
Bonhom Carters’s house on the way to the tube station.
meet students in other courses and faculties. For those
academically inclined, MAD has partnerships with various
law firms, who tend to offer our debaters opportunities to
be involved in their organisations.
The Monash Association of Debaters (MAD) is a premier
university debating society within the world debating circuit,
and with over 700 student members, is the largest of its
kind within Australia.
In particular, 2014 is a great year to be involved with us
– MAD has been chosen to play host to the Australian
Intervarsity Debating Championships in April, the biggest
national competition in the calendar. Hosting this is a
once-in-a-decade opportunity and having a strong base of
club members can go far in ensuring that the event runs
smoothly.
Most recently, MAD has had the honour of being the
only debating society in history to win the prestigious
World Universities Debating Championships three times
consecutively in 2011, 2012 and 2013. Renowned globally
as being among the best debating societies in the world,
MAD is committed to ensuring that its legacy lives on in
the future.
How to Get Involved
Come sign up during O-Week at our stall. If not, come
along to any of our member training sessions on Mondays
at 5 pm in the Law Basement to sign up.
Who Can Join MAD
Stay in touch with member training, events and competitions
with our weekly newsletter Tastebud.
All students are welcome to join, regardless of skill level or
expertise in debating. MAD seeks to develop our members
through the tutelage of our more experienced debaters, and
welcomes all students and stuff united by an interest to
engage in debating.
Also, check out our website at http://www.monashdebaters.
com/ and if you have any queries, send through an email to
enquiries@monashdebaters.com
We look forward to seeing you in March!
What MAD Does
MAD runs member training sessions every Monday evening
during semester, held at the Law Basement (Building 12).
All evenings will include an opportunity to debate – either
to apply the concepts explained in the training session, or as
part of our semi-formal internal competitions. Occasionally,
multiple graded training sessions are run simultaneously, to
give members a choice in choosing the seminar that best
suits their expertise, or target a specific debating skill that
they want to improve.
In addition, MAD organises tournament contingents
for both interstate, as well as international competitions.
Regardless of expertise, MAD often offers some level of
sponsorship for our debaters, to cover travel and registration
expenses for external competitions.
Travel
In my 11 months away I visited 16 countries and 48 cities.
One of my favourite things about exchange was always
having something exciting only days away. Travel could
occur almost spontaneously. I booked a trip to Lisbon in
October after looking at a weather map of Europe for the
weekend. I took the train to Cologne to meet up with some
friends after I noticed on Facebook that they were heading
to a concert there. Friday afternoon maths tutorials were
often sacrificed for the greater good.
Why Should I Join MAD
Selling MAD to law students is like preaching to the choir.
MAD is an excellent conduit to hone debating skills,
develop logic and network while grabbing a slice (or several)
of our free pizza at each training night. MAD will provide
a safe and supported platform to build confidence in public
speaking.
Halls
In London it’s only really first years (who come from
outside the M25) and exchange students who are given
Additionally, MAD runs numerous socials during the
year, and provides a great avenue through which you can
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73
Mooting
M
ooting is the perfect way to get the most from your
law degree at Monash. With 3 different moot court
competitions run by the Monash Law Students' Society, as
well as a multitude of other opportunities to represent the
University, mooting is an integral part of studying law.
Mooting although at times stressful and all-consuming, is
undoubtedly one of the best experiences you can be a part
of at Monash University.
First Year Moot
The First Year Moot is one of the first competitions students
compete in during their degrees. As the name suggests, this
is a moot just for first year students that primarily focuses
on Contract Law. This competition is the best way to get a
real grasp on the idea of mooting and to try out your skills.
It's always a lot of fun and is extremely popular. In 2014, the
First Year Moot will run in Semester 2, from mid-August to
early September. Rounds 1 and 2 will be held on the nights
of the 19th and 21st of August (in which all competitors
compete).
What is Mooting?
A moot is a simulation of a civil or criminal trial adjudicated
in a Victorian or Australian court. Teams of two, a junior and
senior counsel (with an optional third solicitor), represent
either an appellant or respondent in an appeal case. Teams
receive the facts of the case, the relevant parts of the trial
judgment, and the points of appeal 2 or 3 days prior to
the competition. During this time, teams must research all
the relevant case law and legislation and prepare their cases
for the moot. Teams must also prepare a memorandum of
argument which outlines their case and the legal sources
relied on. Earlier on the day of the competition, teams must
submit this memorandum and will receive their opposition's
memorandum in return to analyse and prepare appropriate
responses to.
This competition runs simultaneously with the Witness
Examination competition and so only one of these
competitions may be entered. In addition, only students
have who not yet completed Contract Law B are eligible to
participate in the competition (it's okay if you're currently
studying it). Each student must also be a member of the
Monash Law Students' Society for 2014. Registration for
the competition opens on Monday 4th August. There is a
cap on the number of competitors so make sure to get in
quick!
During the moot itself, each counsel will have twenty
minutes to present their arguments, during which time the
judge (or judges) will ask questions regarding the case of
each party. The team that wins the moot is not the team that
may have won on the points of law in a real situation, but
the team that argues the best, responds to questions most
astutely and works as a team.
General Moot
The General Moot is the largest and most prestigious
competition offered by the Monash Law Students' Society.
Every year it draws a large number of keen students from
all years of law and always brings out some amazing
mooters. The General Moot has two divisions, Junior and
Senior. The Junior Division is for students who have still
to complete Property Law B, and so generally draws first,
second and third year students. The problems for the Junior
Division are usually based on Contract, Tort and Criminal
Law. The Senior Division is for those who have completed
Property B but this is not a requirement. This division
generally draws third, fourth and above years. The problems
for the Senior Division can come from any area of law. As
the General Moot is the biggest and most important of the
competitions offered, the quality of judges is always high.
What are the benefits of competing in a Mooting
competition?
Mooting is, as many other students will tell you, one of
the best way to improve your studies and experience at
law school. Not only does mooting provide a hands on,
practical way of putting your legal research skills to the test,
but it also teaches you to think on your feet and hone your
communication skills to perfection.
Mooting gives you an opportunity to gain a real and applied
courtroom experience, and to meet other law students and
professional members of the industry along the way. It
encourages teamwork,builds on the subjects you are or may
study in the future and helps you harden your mind to those
longs days and nights trying to hunt down that tiny bit of
obiter you read once 2 days ago that just sums your case up
perfectly.
compete in the Senior Division, whilst everyone else can
compete in the Junior Division. Each student must also be
a member of the Monash Law Students' Society for 2014.
Registration for the competition opens on Monday 10th
March. Entry in 2014 will be capped at a certain number of
competitors.
International Humanitarian Law Moot
The International Humanitarian Law Moot (IHL Moot)
is a moot which focuses on problems of an international
human rights law nature. Previous years' problems have
included crimes against humanity, asylum and refugee
rights and other violations of the respective laws in this
area. The same problem is used throughout the moot and
so gives competitors a chance to really get to know the
law and strengthen and perfect their arguments during the
competition rounds.
This moot is a wonderful opportunity to familiarise yourself
with a different area of law that is continually growingnine
popularity and effect throughout Australia and the world.
In 2014, the IHL Moot will run in Semester 2, throughout
September. Rounds 1 and 2 will be held on the nights of
the 8th and 10th of September (in which all competitors
compete). Anyone is eligible to participate in the IHL
Moot, however each student must be a member of the
Monash Law Students' Society for 2014. Registration for
the competition opens on Monday 25th August. Entry in
2014 will be capped at a certain number of competitors.
Victorian Championship Moot
In only its second year, the Victorian Championship Moot
sees the best teams from Victorian law schools compete in
a moot to end all moots. In 2013, Monash and Melbourne
Universities competed, with Monash sending our winning
General Moot (Senior Division) team to represent us.
Despite Melbourne winning the competition, it was a great
success and in 2014 will hopefully expand to include more
law schools from the state. The moot will most likely be
held in May, as it was in 2013 and more details will be
available soon. We look forward to seeing strong Monash
representatives once again compete and this year hopefully
take home the trophy.
Regardless of which mooting competition you choose (we
hope all three!), you'll be getting a great experience and
enriching your time at Monash Law School. Good Luck!
Many professional members of the industry always come
to judge and grand final judge's have included High Court
judges in the past. In 2014, the General Moot will run in
Semester 1, from late March through to mid-April. Rounds
1 and 2 will be held on the nights of the 25th and 27th
of March (in which all competitors compete). Anyone is
eligible to participate in the General Moot, however as
above, students who have completed Property Law B must
Semi finals and grand finals of mooting competitions are
frequently held at sponsoring firms' offices and at the Federal
Court, which provides a great opportunity to actually speak
in court and get a good feel of industry practices. In short,
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Intervarsity Mooting
Student Perspective: Mooting
M
onash is constantly on the look out for experienced
mooters to represent the university at state-wide,
national and even international level mooting competitions.
These competitions are not only a fantastic way for students
to develop their research and advocacy skills, but are also an
opportunity to interact with students from other universities
around Australia and the globe. In many instances, teams
will get to travel interstate or overseas as part of the
competition.
International Competitions
The Faculty currently employs a three tiered strategy to
mooting:
1.Monash Internal Moots: these include the LSS moots such
as the General Moot and International Humanitarian Law
Moot. People of all skill levels are encouraged to participate
in Monash internal moots to hone their skills.
2.State and National Competitions: Monash will normally
send a team of experienced mooters to represent the
university at state and national level competitions. Students
who have had some experience with the Monash Internal
Moots are encouraged to apply.
3.International elite competitions: These include the
prestigious international Jessup and Vis Moot competitions.
Students with extensive mooting experience are encouraged
to apply.
Students interested in applying to represent Monash
University at either the Jessup or Vis Moot competitions
should consider enrolling in the elective units LAW4218
Jessup Moot Competition and LAW5151 Vis Arbitration
Moot. Both of these competitions require a large time
commitment, with most of the work occurring over the
summer holidays.
The two main international mooting competitions are
the Jessup Moot and the Vis Arbitration Moot. These
competitions are widely regarded as the most prestigious
international mooting competitions and are attended by some
of the top law schools in the world. Monash endeavours to
send its most seasoned mooters as representatives to these
competitions and, in 2013, the Monash team made it to the
world finals of the Vis Moot competition.
If you have any questions about representing Monash
University at an intervarsity moot, please contact Dr Adam
McBeth at Adam.McBeth@monash.edu
State and National Competitions
Students interested in representing Monash University
at intervarsity competitions should consider enrolling in
the law elective unit LAW4248 Mooting and Advocacy
Competition. Students in this unit can elect to represent
Monash at a number of external mooting competitions
such as the following:
• Michael Kirby Contract Moot
• Shine Torts Moot
• Gibbs Constitutional Law Moot
• Administrative Appeals Tribunal Moot
• National Women’s Moot
• Castan Centre Human Rights Moot
• National Environmental Moot
• National Family Law Moot
• Oxford Intellectual Property Moot
• World Human Rights Moot
By Calum Sargeant
and respond to many different personalities.
Sixth-year BSc/LLB student
Throughout the course of your law degree, you will be hard
pressed not to encounter myriad opportunities to take part
in a mooting competition. You may also find many excuses
not to take up those opportunities: I’ve never mooted before
— I don’t have enough time — I don’t like public speaking
— I don’t know anything about that area of law. I hope to
convince you that mooting is worthwhile, that it can be a
lot of fun, and that the effort you put in reaps dividends in
experience that will assist your studies and legal career.
I would like to conclude, however, by sharing an insight
into my experience with the Vis International Commercial
Arbitration Moot, which serves as a unique example of how
exciting mooting can be. Although my team sacrificed a large
chunk of summer in the law library buried in books and a
very full Dropbox folder, we were exposed to opportunities
that were invaluable and some that we didn’t know existed.
Preparing for the Vis is as close as you will get in law school
to preparing for an actual trial. There wasn’t a two-page
problem with undisputed facts. There was, instead, 50 pages
of documents that formed the evidence from which we
needed to find the facts.
Moots come in all shapes and sizes. Some involve only a few
days to prepare, while others require months of preparation.
Common to all moots though, are the following features
and benefits:
There was the opportunity to work closely with academics
from Monash, and to moot in front of solicitors, barristers,
judges and arbitrators. Even after months of preparations
we were still able to refine arguments, and realised that
different approaches work in front of different audiences.
The culmination, of course, was the highlight: one week at
the Vis East competition in Hong Kong and one week at
the original Vis in Vienna. It’s not something that will be
readily forgotten.
Extensive research on specific legal issues
Unlike your law exams, which will require you to know a lot
in a little detail, the legal issues in moots can be quite specific
and require a detailed understanding of an area of law. You
will get experience using resources beyond the standard
textbooks, and you will become quick and efficient at it.
You will become adept at using databases, skimming cases
to find relevant sections, and locating useful information
in commentaries and journals. You won’t always be able to
find the answers you are looking for, so there is the scope
for you to be innovative and analytical in the arguments you
formulate.
As a final comment, whilst I would obviously encourage
law students to involve themselves in mooting from the
beginning of their degree, none of the competitions are
inaccessible to those starting out later. The Vis team, for
example, comprises a mixture of those with mooting
experience and those without. If you don’t get involved in
your first year, that’s no reason to feel you have missed the
boat.
Writing a memorandum
If you ever intend on clerking, or doing any form of legal
work, you are going to have to write memos and summarise
your research. You will need to be concise and to the
point, and moots allow you to practise and perfect these
skills before you need to apply them in a more stressful
environment.
Presenting
You don’t have to speak in order to be part of a mooting
team. You can play the role of solicitor, in which case
your primary role is to research. But whether you speak
or not, just watching your arguments being communicated
is an experience from which you can learn a lot. You may
launch into a brilliant point and quickly realise that nobody
in the room is following because you did not lay out the
groundwork. A point that may have seemed obvious to your
team may not be so in the eyes of the judge. You may be
confronted with a barrage of questions — or you may be
disconcerted by a bench that says very little. A lawyer needs
to be a strong communicator, and what you learn here will
be very useful later on: how to persuade, communicate with
As part of the unit, students will also attended seminars
on advocacy technique, research skills and tips for drafting
court documents. The unit will be assessed based on
students’ participation in seminars, their written documents
and their final practice oral presentation.
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77
Negotiation Competition
Student Perspective: Negotiation Competition
What is the Negotiation competition?
By Tia Milne
Negotiation Competition Winner 2013
When does the competition run, who can
participate and how do you sign up?
The Negotiation Competition is an entertaining and practical
competiton, given the nature of alternate dispute resolution
in the industry today. It requires little preparation and legal
knowledge, instead, your ability to think on your feet, your
teamwork and communication skills. The competition
requires competitors to form a team of two solicitors in
order to conduct a negotiation with another team regarding
a dispute between your two clients. Several hours before
the competition, both teams will be given a set of common
facts that set out the general outline of the dispute.
In 2014, the Negotiation competition will run in Semester 2,
in August. Rounds 1 and 2 will be held on the nights of the
4th and 6th of August (in which all competitors compete).
Anyone is eligible to participate in the competition so long
as they are a member of the Monash Law Students' Society
for 2014. Registration for the competition opens on Monday
28th July. There is a cap on the number of competitors so
make sure to sign up quick to be able to compete.
You will also be given a set of confidential facts that relate
to your client's side of the argument. The confidential facts
will include your own client’s version of any events that
transpired and what your client wants from the negotiation
process. It is then up to you to negotiate with the opposing
team in order to try and get the best result for your client.
This will involve finding out what it is the other team wants
and what concessions you can make in order to get what
it is that your client really wants. At any time during the
50 minute negotiation, each team is able to call a ‘break’
which can last a maximum of 5 minutes. These breaks
allow the teams to separate and re-think their strategy. After
the conclusion of the negotiation, each time will have 10
minutes to 'reflect' on how the negotiation went.
agreement.
The negotiation competition is a great introduction for
students wanting to get involved in Law Student Society
competitions because it focuses on personal skills and
common sense, rather than legalities. It is a fantastic
opportunity to learn practical legal skills, to meet other law
students and to network with legal professionals.
Prior to formally applying for the Monash University Law
Students’ Negotiation Competition, my perception of legal
negotiations was informed by television shows such as
Boston Legal and Suits. A few sharp words, bordering on
blackmail in many cases, and finger pointing seemed to do
the trick for getting your way. Needless to say that upon
entering the competition, it soon became apparent that
such obvious tactics were not an ideal strategy.
Instead, our judges, most of whom were law firm
representatives, LSS executive members and legal
professionals, emphasised the importance of creating
a mutually agreeable solution for both parties in the
negotiation. This technique provides a number of
advantages: maintaining amicable relationships for future
negotiations; increasing the likelihood that the opposing
party will in fact abide by the agreement; and hastening
negotiations, which in turn decreases the cost for the client.
Each round revealed a new way in which we could improve
our negotiation skills. One useful strategy is to design an
agenda that you can offer to the opposing party at the start
of negotiations. This will assist in shaping the course of
negotiations and keep you focused when the opposition
attempts to digress. It also provides an element of control
for you and your partner.
What are the benefits of competing?
As the Negotiation Competition doesn’t require any prior
research or preparation, it can be a less stressful, and more
fun competition to participate in. It allows you to practice
your communication, problem solving, teamwork and
interpersonal skills, which are integral to your studies and
career. Competitions such as the Negotiation competition
are one of the best ways to improve these skills. It also
gives you an opportunity to gain a real and applied industry
experience.
Admittedly, making it through to the next round was always
a surprise, but our success was largely attributed to our
teamwork. My partner and I had a history of competing
in legal competitions together dating back to high school.
Knowing each other’s strengths and weaknesses helped
us shape our respective roles on the team which in turn
provided further structure to our strategy. My partner had
the role of creating solutions and my role was to rebut
any offer made by the opposition that did not serve our
client’s interests. This strategy was aimed to encourage the
opposition to feel comfortable with at least one member
of our team so that they would be more likely to concede
certain points.
This competition in particular is beneficial as negotiation
skills are increasingly valued within legal practice, with
approximately 80% of disputes now settled by negotiation
prior to trial. Lastly, the competition allows you to network
with professional members of the industry as judges and
sponors. Furthermore, the Grand Final is usually held at the
offices of the sponsoring firm. Overall, this is one of the
most rewarding competitions you can take part in, so if you
like putting yourself out of your comfort zone, challenging
yourself, whilst all the while having some fun, then this is
the competition for you!
It is also wise to have a few concessions up your sleeve
in case negotiations reach an impasse and momentum is
needed. Identify what is most important to your client and
notify the opposition that those requests are non-negotiable
when pressured to concede them. This will provide your
claim with legitimacy. Always counter any demands with
an offer and try to make this offer as creative as possible
to demonstrate that you are genuinely trying to reach an
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Client Interview Competition
Student Perspective: Client Interview Competition
What is the Client Interview competition?
By Jonathan Chan
Client Interview Competition Winner 2013
on Friday the 7th March. There is a cap on the number of
competitors so make sure to sign up as soon as you can.
There will be links to follow for registration on the Monash
Law Students' Society website (www.monashlss.com).
The Client Interview Competition is the first competition
that takes place each year. It is an extremely fun and
rewarding competition that requires little preparation and
legal knowledge, only your problem solving, teamwork and
communication skills. Working in teams of two lawyers, you
must interview a client who has come to your firm for the
first time. You must talk with the client to work out their
legal issues, and provide practical advice and solutions to
these issues. The client, however, has been provided with a
set of facts, some which they may openly discuss and some
which they cannot unless the right questions are asked by
you. Thus you must work as a team to ascertain all the
relevant facts in order to give the best advice.
The Client Interview Competition simulates lawyers
interviewing a client. A lawyer must receive instructions
from a client before a lawyer can take any action on their
behalf. Clear instructions from a client are vital, yet they
may be difficult to obtain, because clients are often unaware
of how the law works and what lawyers can and cannot
do. Participating in the Client Interview Competition allows
students to begin to understand what is involved in this
process.
What the competition involves
After the conclusion of the interview the judge will discuss
the team's success with the client before the team will
present to the judge a reflection of how the interview went.
You will also be given a short brief several hours before
the interview with possible hints as to the nature of the
client's problem. Each team must provide a client that will
be interviewed by another team so as to be impartial. This
person does not need to be a law student.
A team of two law students (the lawyers) interview another
student (the client) regarding a fictional scenario. The
lawyers must ascertain as much information as possible
about the client’s situation whilst also building a relationship
of trust with the client, as clients can often become
defensive when pushed for information. After the lawyers
have an understanding of the situation, they then provide
preliminary advice or courses of action to the client.
What are the benefits of competing?
Highlights of participating
As the Client Interview competition doesn’t require any
prior research or preparation, it can be a less daunting, and
more relaxing competition to take part in. It allows you
to practice those communication and problem solving
skills so crucial to your law degree and careers beyond. It
also gives you an opportunity to gain a real and applied
industry experience and to meet other law students and
professional members of the industry along the way. The
unique nature of the competition means that the experience
you will receive from competing will translate in many ways.
Ultimately, if none of the above entices you, it is arguably
the most fun competition, even when a client is bawling
their eyes out because they were robbed or screaming at you
because they hate lawyers. The Grand Final is usually held
at the offices of the sponsoring firm, and so this gives you
a chance to network with important people in the industy
as well.
Some of the information that the client is ‘hiding’ can only
be discovered by thinking carefully about potential issues
and asking the right questions. One of the best parts of the
competition is finding out what the client is reluctant to tell
you. This part of the competition mirrors real life, because
clients want to paint themselves in the best light possible.
They often neglect to tell you certain information, either
because they are embarrassed about it or because they do
not realise that the information is important.
When does the competition run, who can
participate and how do you sign up?
Secondly, think about all the possible issues that might be
raised by what the client is telling you. Some of the most
crucial information will not be divulged voluntarily by the
client, so you should think about peripheral issues that
may have bearing upon the situation at hand, such as past
convictions, extramarital relationships, etc.
Tips for new students
Firstly, building a relationship with the client is key. You
should put yourself in the client’s shoes, consider what they
aim to achieve by seeking legal advice, and think about what
other issues might be troubling them. If you can obtain
your client’s trust and confidence, you will be in a better
position to ask questions to your client.
In 2014, the Client Interview competition will run in
Semester 1, in March. Rounds 1 and 2 will be held on
the nights of the 10th and 12th of March (in which all
competitors compete). Anyone is eligible to participate
in the competition so long as they are a member of the
Monash Law Students' Society for 2014. Registration for
the competition opens on Monday 3rd March and closes
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81
Witness Examination Competition
Student Perspective: Witness Examination
What is the Witness Examination competition?
By Matthew Daly
Witness Examination Competition Winner 2013
witness was asked how he knew where the victim lived and
instantly replied “Mate, have you ever heard of Facebook?”
The Witness Examination Competition or:
How I learned to Stop Worrying and Love the
Sound of my Own Voice
Sitting at a colourful Mexican restaurant in Lygon Street
after the Final nibbling on enchiladas I thought about my
advocacy. Was I still unsure about how all the exceptions
to hearsay applied or how to Browne v Dunn someone?
Sure. But I also realised that I liked the sound of my own
voice. And I was ok with that. After all it won me a sexy
little trophy.
August (in which all competitors compete). This competition
runs simultaneously with the First Year Moot and so only
one of these competitions may be entered. Aside from that,
anyone is eligible to participate in the competition so long as
they are a member of the Monash Law Students' Society for
2014. Registration for the competition opens on Monday
4th August. There is a cap on the number of competitors
so make sure to get in quick!
The Witness Examination Competition is a great way to
practically test out your legal skills through a simulation of
a civil or criminal trial adjudicated in a Victorian court of
some jurisdiction. This is an individual competition where
you get to act as a barrister. You must ascertain certain
crucial facts to prove your case through your examination
in chief of your witness and cross examining the other
witness. Each competitor will provide a witness that will be
examined by another competitor so as to be impartial. This
person does not need to be a law student. Each barrister
will either be counsel for the prosecution or defense and so
will need to determine an appropriate line of questioning
accordingly.
“
Did you order the code red?” shouted Lieutenant Daniel
Kaffee at his superior officer Colonel Jessup. “You’re
goddamn right I did!”
So should you give it a go? I think you already know the
answer.
This is the image most of us have of a witness examination.
A yelling competition between angry blokes like in A
Few Good Men, where after a few minutes of extremely
provocative hounding one side gives in. Or at least it’s what
I thought before I entered into the competition.
You will be given your brief several hours before the
examination begins in order to brainstorm possible questions
to ask the witnesses. This brief will include a synopsis of the
facts (containing the charges of the defendant), statements
from both witnesses and any relevant statute or law. Your
witness will be given a copy of their statement outlining
their version of the facts which they need to memorise and
need to testify in accordance with. As the barrister, you are
able to compare both witnesses’ testimonies to understand
the factual differences and build a case that best suits your
client. Immediately preceding the trial, you and your witness
can talk tactics on how to deliver their testimony, respond
to your questions and how to reply to possible questions
posed by the other team.
However I soon realised that in the real world there are no
easy confessions and penitent revelations that splurge forth
during witness examination.
A barrister I spoke to a while ago said that building a case
for the prosecution is a lot like building a wall of arguments,
brick by brick, and holding it all there. On the other hand,
he said, counsel for the defence just needs to come along
and poke out a few arguments to create reasonable doubt
and undermine your entire case.
And so during the various rounds I tried to build a solid
wall of arguments. I read the witness statements and
dappled them in various highlighter colours (my favourite
is phosphorescent green). I looked at what offences the
accused had been charged with. And in between gulping
down the complimentary subway rolls provided by the LSS
I tried to find out which elements needed to be proven.
What are the benefits of competing?
The Witness Examination competition doesn’t require any
prior research and little preparation, making it less time
consuming than several of the other competitions such
as mooting. There is also no requirement of having done
Evidence Law beforehand as relevant statute and law will
be given to you in your brief, so although it may be helpful,
it is in fact not at all necessary and many past winners of
the competition had not completed the subject. All in all,
Witness Examination is a fun competition allowing you
to channel your inner Jack McCoy à la Law and Order,
teaching you to think on your feet and improving your
communication skills. It gives you an opportunity to gain
a real and applied courtroom experience and to meet other
law students and professional members of the industry
along the way.
There was still some of the theatrics that accompany any
great trial. One of the competitors and I finished an hour
later than everyone else because of our endless objections
and snappy retorts. And one night I realised with ten
minutes to go I hadn’t arranged for someone to be my
witness. Suffice to say with a bit of hustling I got a friend
there in time; only to tell them they could go back home
because there’d been a blackout.
But in between all these (mis)adventures we also had the
opportunity to stroll down the halls of the Federal Court
and take a few happy snaps with Supreme Court Judge
Forrest and a Partner from Freehills for the Grand Final.
There was some serious consternation when I scrutinised
a witness and bellowed “You shot your wife didn’t you?”
But soon the bench gave way to muffled chuckles when my
When does the competition run, who can
participate and how do you sign up?
In 2014, the Witness Examination competition will run in
Semester 2, from mid-August to early September. Rounds
1 and 2 will be held on the nights of the 19th and 21st of
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Paper Presentation Competition
Monash Law Review
What is the Paper Presentation competition?
What is the Monash University Law Review?
but only the writers of the best papers will be selected to
compete in the final, so make sure to check your referencing,
triple proof-read and choose your favourite font.
The Paper Presentation Competition gives you an
opportunity to submit a previously completed law essay
of which you are particularly proud. This paper can come
from any subject you have completed during your degree.
The papers will be remarked and judged, after which the
best authors are invited to the Final, held at Monash Law
Chambers in Melbourne city. There, you must give a short
speech and PowerPoint presentation on the topic of your
paper and you will be required to answer questions from a
panel of experienced members of the legal profession about
the area of law you have written about. After everyone has
presented their papers, you get a chance to relax with drinks
and canapés and be able to talk with other competitors and
judges
When Does Recruitment Take Place?
The Monash University Law Review is a scholarly referred
law journal that publishes articles submitted by legal
academics, practitioners, and the judiciary on topical legal
issues. It publishes three editions per year, and is celebrating
its 40th anniversary in 2014.
Recruitment takes place around January/February, and it
is best to email applications from November/December
onwards.
How to Get Involved
Law students can be involved in the Review as editorial
committee members and, after at least a year, as student
Editors.
Involvement on the Review develops valuable practical
skills in legal research, writing, and editing, and is highly
regarded amongst potential employers. Past editorial
committee members and Editors have gone on to fruitful
careers in private practice, academia, and at the Bar. Past
alumni include Justice Debra Mortimer of the Federal
Court; Jeremy Leibler, partner at Arnold Bloch Leibler; and
Arie Freiberg, former Dean of the Faculty of Law.
For the first time, in 2014 the Paper Presentation competition
will be a joint competition between undergraduate LLB
students and Juris Doctor students. The competition will
have two divisions, and both finalists and a winner will be
chosen for each division. This is a wonderful opportunity to
get to know some students completing other law degrees at
Monash and to get an insight into even more areas of law
that you may have not yet studied in your degree.
Editorial committee members assist in the editing of articles
submitted for publication in the Review. This involves editing
the substantive texts of published articles for grammar and
spelling, ensuring footnotes are compliant with the AGLC,
and checking sources for quote and pinpoint accuracy.
What are the benefits of competing?
The Paper Presentation competition is very different to
the other competitions run by the Monash Law Students'
Society. It does not involve multiple rounds of competition
and is much more academically focussed. Due to this, the
competition is not only less time consuming than others
(you've already written the paper, so the hardest part is
done!), but gives you an opportunity to immerse yourself in
your chosen topic and become something of an expert in
that field. Finally, you can stop using every ounce of energy
listening to lecturers describe the difference between first
and second hand hearsay evidence and instead have people
attentively listening to you and the research that you've
done. Overall, the competition is a great way to improve
both your written and verbal communication skills, and to
meet other law students and professional members of the
industry along the way.
Time Commitment
Time commitment for editorial committee members varies,
however the student committee generally complete three
edits a year, consisting of half or a third of an article.
On average, this can take 5-7 hours per article, and students
usually have two weeks to complete the edit.
All committee members are invited to join the Editors,
contributors, referees and other guests at the Annual Dinner.
How to Apply and Selection Process
The editorial committee is made up of students invited by
the faculty in recognition 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 letter outlining
their motivation and suitability for a role with the Review.
They should also attach their CV and an unofficial academic
transcript. As a general guide, applicants should have a
Distinction average in law.
When does the competition run, who can
participate and how do you sign up?
In 2014, the Paper Presentation competition will run in
Semester 2, on the night of Thursday the 25th September.
Applications for papers will open early in Semester 2, so that
papers written in Semester 1 will be able to be submitted.
Anyone is eligible to participate in the competition so long
as they are a member of the Monash Law Students' Society
for 2014. There is no cap on the number of possible entries,
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Social Justice and Equity
Wednesday 20 August 2014 (second semester, week four),
7:00 – 9:00am.
Equity, Gemma Hallett, at equity@monashlss.com.
Trigger warning campaign
This year, we’ve planned heaps of on-campus
opportunities with SOCIAL JUSTICE focused
law students in mind.
Just Leadership Program
The Just Leadership Program 2014 will open for highachieving applicants in semester 1, offering an intensive
social justice seminar series focusing on how you, as a law
student and graduate, can make a difference to the way laws
affect the disadvantaged.
Social Justice Guide 2014
The Social Justice Guide 2014 is your guide through the
massive range of volunteering, internship, and career
opportunities available to Monash law students throughout
your degree and after you graduate. It includes various
pro bono focussed firms, legal volunteering and intern
opportunities, and alternative legal pathways. It will also
provide detailed advice for students with a disadvantaged
background and the legal opportunities and support
networks available to their specific marginal group. Such
areas will include, but will not be limited to, Indigenous
rights, gender inequality, as well as rural isolation. The
Handbook will be launched in late May 2014.
Clayton’s Law
To keep in the loop with all our social justice events and the
latest news in Australian law reform and equitable justice,
Clayton’s Law is the LSS’s social justice blog – follow us on
Facebook and Twitter. Clayton’s Law is the voice of student
commentary and analysis containing articles, editorials
and faculty news surrounding contemporary legal and
newsworthy issues and debates. Clayton’s Law is particularly
focussed on social justice and equity issues, and is also a
canvas for more creative writing and cultural interests,
interviews, reviews and comedy.
Social justice seminars
Our other key focus is on equity – the Monash LSS believes
that an individual’s background or circumstances should
not be a limit to their achievements in higher education. A
student’s excellence in their studies should not be limited
by their socioeconomic background, race, religion, gender,
disability, sexuality, family or other restricting circumstances.
We’re holding two seminars each semester focusing on
issues you care about. Topics featured in previous years
have addressed issues such as law reform, immigration and
refugees, Aboriginal rights and general bars to sufficient
access to justice. Past speakers of the Monash LSS Seminar
Series have included the Honourable Michael Kirby AC
CMG, Attorney-General Robert Clark and former AttorneyGeneral Rob Hulls. Stay tuned as we publish more details
about our seminars shortly.
Women in Law Breakfast
The annual Women in Law Breakfast is a fantastic showcase
of the achievements and insights of women who have
succeeded in the corporate world of law. Bring your friends
and chat over breakfast about your plans for the future with
women leaders in their fields. We endeavour to connect
law students with women in the law profession in order
to inspire and facilitate interest in the role of women in
the law. The event provides an opportunity for students
to network and be inspired by women who have strived to
reach success in the law profession.
We are also proud to invite you to attend the first Public Law
Lecture. The Public Law Lecture will be open to all, and
will feature prominent speakers to educate and inspire. This
year, falling within Homeless Persons Week, the Public Law
Lecture will focus on issues surrounding homelessness in
Australia. Responses to homelessness and the perceptions
of homelessness will be discussed by a panel of public
figures with extensive experience and knowledge in the area.
To be held on 6 August 2014, all are welcome.
In 2013, the Monash Law Students’ Society welcomed
Judge Felicity Hampel of the County Court and Fiona
McLeod SC, Chair of the Victorian Bar Council, as keynote
speakers. In 2012 the event was proudly held in conjunction
with the Australian Law Students’ Association Clayton Utz
Conference. The event will be an opportunity for students
to hear the perspectives and experiences of women in the
law amongst dozens of varied legal professions.
The event is open to all LSS members and will be held on
And if you’re still confused about where in the social justice
world your law degree can take you, come along to our
social justice pathways seminar early in first semester. If
you feel passionately about social justice and want to learn
more about how to pursue your passions during your time
at Monash, this information session will provide you with
information on alternative pathways and career options
that the Monash Law degree can present to you. From
human rights-oriented law electives, to volunteering in a
community legal centre, to interning as an in-house lawyer
at an NGO, this session will give you an opportunity to hear
from current students with similar interests to you, and
professionals working within the field.
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We support the Monash Student Association's campaign
to introduce content warnings into the curriculum at
Monash University. The Equity division of our portfolio
works hard to ensure fair treatment and representation of
all students studying law at Monash. This includes those
who are sensitive to topics of, or have survived, trauma
including sexual assault, rape, harassment, and violence.
The introduction of content warnings in your law studies
seeks to warn of cases which discuss graphic depictions of
content which might trigger post-traumatic stress, anxiety,
and other emotions that may undermine your mental health
or the success of your studies.
Textbook equity grants
The Monash Law Students’ Society recognises that financial
and other personal circumstances may place an unwarranted
strain on student wellbeing, and in particular, recognises
that students should not be restricted from accessing
materials necessary for their education or from excelling in
their studies.
In order to assist students in need of financial assistance,
the Textbook Equity Grants are awarded in order to
support students in purchasing their textbooks and learning
materials. Applications are assessed individually on their
merits and demonstration o financial need. Successful
applicants will be provided with a grant calculated according
to their estimated education expenses for the semester, with
which they will be able to purchase essential law course
materials from Legibook. This grant is available upon
application for each semester/trimester of your studies.
Applications for first semester 2014 open on Saturday 1
February and close on Friday 28 February 2014.
Financial literacy hub
We’re also helping out by creating a financial literary
resource hub – not only will this clarify any confusing
financial terminology you encounter in your law studies, but
you might come across some handy advice along the way.
We recognise that financial security is a large part of
wellbeing for university students; and money problems
cause significant distress. As such, the Financial Literacy
Guidebook is designed to provide resources and information
for students who may need financial assistance, or simply
need want further information on managing their money
and places that can help them do so. This may involve
information on grappling with Centrelink, or how to juggle
course expenses with living expenses, like rent and utilities.
The Handbook will be published online in Semester 1, 2014
– stay tuned!
If you’d like any more information, or you have any
questions, please contact the Director of Social Justice &
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Maddocks High Achievers' Program
Monash Ambassadors Program
Sponsored by Maddocks, the High Achievers Program
recognises consistently outstanding academic achievements
by students and endeavors to provide a support network
through which they may further excel. The program is
something to strive towards, as such recognition by the
faculty is only awarded to the highest performing students.
Maddocks CEO David Rennick asserts this program aligns
with the firms values, as both uphold ‘integrity, respect for
the individual and diversity, collaboration, innovation, and
stewardship’. The central aim of the program is to support
the individual in whichever path they wish to pursue and this
stems from the underlying belief that that each individual
has something unique to offer.
The Ambassador Program offers a range of opportunities
to gain valuable leadership skills, which will enhance your
career development. The Program is an excellent opportunity
for you to develop confidence and other attributes which
will make you stand out in the future. Student Ambassadors
represent and promote the Faculty of Law at a variety of
future student, alumni and industry events. These include
involvement in leadership skills training sessions, forums,
talks by eminent legal professionals and the judiciary and
more personal mentoring. Additionally, the role requires
representative students to attend social events with the
Dean of Law and other senior Law Faculty staff. These
are wonderful opportunities to gain further insight into
the faculty and to socialise with esteemed members of the
academic profession.
Highlights of the Program
Through establishing a network of scholars, the program
seeks to bring together excellent minds to meet, collaborate
and provide support for each other. The combination of
this with targeted academic support and external resources
will enable students to realise their potential and to allow
them to excel in their chosen field. The provision of these
opportunities and resources will allow students to take
full advantage of the possibilities that their high level of
achievement opens up for them. The faculty encourages
students to seize all available opportunities including
undertaking the Honours program, studying overseas or
on academic exchanges, obtaining higher qualifications and
degrees as well as commandeering fantastic employment
opportunities.
University and student body
• Demonstrated organisational and time-management skills
• Demonstrated involvement with and contribution to
the faculty of Law Community or your school or local
community
• Involvement in extra curricula activities such as sport,
associations, theatre, dance, music, scouts, etc.
Contact: Lloyd England
Email: Lloyd.England@monash.edu
Phone: 03 9905 3385
Examples of 2013 Activities
• Introduction to developing a plan for personal success:
ambassadors developed a heightened awareness of the
integrated nature of personal success, the importance about
being honest in terms of a current self-assessment, and the
emergence of some key actions for success that they could
focus upon
• Preparing for life as a young professional: focused upon
understanding the transferable skills that are required to
enhance your workplace performance. Assessed the older
generations in the workplace, what makes them tick and
what qualities they desire in young professionals.
• The science of public speaking: the program taught
participants he practical side of public speaking that anyone
can learn and master. The skills taught in this seminar will
make huge and positive difference in participating students’
ability to speak in public and therefore their careers.
Examples of Recent Programs
‘Being a Judge’s Associate’ Symposium
Students were invited to hear from a panel of current, past
and future Judge’s Associates on Judge’s Associateship
opportunities, how to apply, and what it is really like to work
as an Associate to a Supreme Court Judge, a Federal Court
Judge, a High Court Judge and in Research for the Court
of Appeal. Ambassador Responsibilities
Student Ambassadors may be required to attend University
events such as open days, change of preference days,
information evenings, talks at high schools and Law School
Foundation events. They will be required to positively
promote the Law Faculty through sharing their university
experiences and highlights. This role develops leadership
and communication skills as well as benefiting other
students who may draw upon your experiences in choosing
Monash as their higher education provider.
‘Government Lawyering: Same or Different?’ Symposium
Provided an opportunity for students to learn about the
variety of career opportunities in policy, the public sector
and careers in government or in the private sector in areas
of law where government is likely to be your client. Required Criteria
• Applicants should be willing and able to promote the
Faculty of Law
• Applicants should have completed at least four Law Units
of study
• Excellent written, verbal and interpersonal skills suitable
for working in groups with people at all levels within the
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Ancora Imparo Program
By Jack Kenchington-Evans
Participant in the 2011 Ancora Imparo Program
Peer Mentor Program
independent student magazine, and am currently a Director
of the Monash Student Association’s Workers Advice
Service, an initiative that educates students about, and
advocates for, their rights at work. Through the contacts
acquired as alumni of the Program, I have been made
aware of further opportunities. Most significantly, in 2013,
I successfully applied for a scholarship to present a paper on
industrial law to an academic conference in Montreal.
Program Opportunities and Experiences
In my 2nd year as an Arts/Laws student, I participated in
the Ancora Imparo Program. As part of the Program, I
attended a memorable three-day Residential on the Geelong
waterfront, where we were spoken to by prominent Australian
leaders, and reflected on the notions of leadership we each
brought to the Program. One night, I had the pleasure of
being on a trivia team with former Chief Commissioner
of Victoria Police Christine Nixon and the then Vice
Chancellor of Monash University Ed Byrne!
The Program provided me with amazing opportunities
to develop my leadership skills, and gave me some of the
most valuable academic and professional experiences I’ve
had in my time at Monash. Most relevant to my experience
as a law student, it kick-started my extracurricular work in
performing research and developing programs.
My involvement with the Program allowed me to participate
as a Monash University delegate to the Australian Future
Summit- a forum between government, business, the
community sector and academia on the long-term policies
required to encourage Australia’s civic and economic
development. There, I met Phillip Blond, a political theorist
and adviser to UK Prime Minister David Cameron, and had
a brief, but memorable, discussion regarding his proposed
response to the atomisation of society.
The Vice-Chancellor's Ancora Imparo Student
Leadership Program
The Ancora Imparo Student Leadership Program is a
flagship program of Monash University that is open to
all first year students of all Monash faculties. The aim of
the Ancora Imparo program is to provide students with an
understanding of the visionary and inspirational principles
that guide current leaders and have guided leaders in the
past. The program seeks to provide the support and
grounding necessary for students to excel and become the
leaders of the future. The program involves theoretical and
case study components, discussions, debates and seminars,
as well as the study of classics that deal with the theme of
leadership.
A particularly engaging aspect of the program was the
opportunity to present, with my colleagues, on the intersection
between cultural and human rights in contemporary
Australian society. Our presentation discussed the potential
conflict in values in our multicultural, secular democracy,
and how these tensions may be ameliorated. The research I
performed on this topic has been acutely valuable given the
current political climate where, in the legal community and
more broadly, the reach of racial vilification laws has been
criticised, and the role of the Australian Human Rights
Commission reconsidered.
The Program is very selective and directed towards the most
promising Monash students – young people with excellent
potential who, we anticipate, may be among the leaders of
the future. Only forty first year students are chosen. These
students attend a three-day residential course in February
followed by eight monthly seminars throughout the year.
Highlights
The Program’s series of evening seminars by prominent
leaders was varied and stimulating. One of my favourite
speakers was Professor Jeffrey Rosenfeld, an Australian
health academic and reservist medic with the Australian
Defence Force. Following Prof Rosenfeld’s presentation,
I was able to discuss with him a dilemma that had been
troubling me: that the protection of our democracy was,
in part, entrusted to a hierarchical, anti-democratic defence
force. Prof Rosenfeld’s comments, as a member of the
military and a prominent civilian, provided food for thought.
For more information please visit Student Leadership
Program, Monash University or email leadership.enquires@
monash.edu.
U
niversity is very different to high school, so commencing
can be a bit daunting! No longer are there teachers
supplying you with all required information, nor are they
tracking your progress to ensure you are following, you may
be separated from friendship groups and support networks
and you are in an unfamiliar environment. The PMP is your
navigational tool to overcome all these issues! The law PMP
endeavors to provide first year students with the necessary
tools to enable them too tackle their university studies head
on and make the most of them!
Mentor-Mentee
First year students are grouped with older mentors. Mentors
have experienced it all and understand exactly how the
younger students are feeling. They will provide guidance
and assistance throughout your first year at University and
will act as your first point of call for any problems. This may
range from casual facebook conversations, coffee catch-ups
or organised nights out with the group.
Organised Group Activities
Firstly, you will be introduced to your peers through an
Introduction Night on Friday 22 February, allowing you to
socialise with other first years in an informal setting at the
Grace Park Tennis Club. The party will then move on to
the Glenferrie Hotel, making for an unforgettable night….
which from personal experience has not yet been lived
down for some fifth years. After, a law faculty welcoming
is held on Monday 25 February where you will receive an
official welcome into the faculty and a general overview of
your University experience. After the welcoming, the PMP
will host a Scavenger Hunt for you, so that you can get your
bearing of the Monash University landscape. Trust us, this
is necessary as there is nothing worse then arriving for your
9 am tutorial and having no idea where the door is into a
particular room or realizing you need to walk 20 minutes
across campus for a class. This will conclude with a free
BBQ, provided by the Law Students Society, allowing you
to sign up to the LSS and First Year Law Camp. After these
introductory events, a number of BBQ’s, newsletters and
educational seminars will be held throughout the semester
by the PMP to assist you. The PMP is a great tool for
making friends, realising the many opportunities available
to you and for understanding the weird and wonderful ways
of university life.
Skills Acquired
Through the Program, I developed leadership abilities, and
was given the confidence to use them. By virtue of the
skills I learnt, I have since gone on to found in Brief, an
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LSS Peer Mentor Program – Student Perspective
Just Leadership Program
By Katya Udorovic
LSS Peer Mentor 2011 and 2012
T
mentees with questions, updates on their progress as well
as just friendly chats to ensure they were adjusting smoothly
to University and the challenges in confronting difficult law
units. The program provided a unique opportunity to reflect
on my experiences as a first-year law student whilst offering
advice to those students meeting the same obstacles as I
did. We developed close friendships and still meet at Law
Ball and other LSS functions. I would strongly recommend
this program to both first-year students as ‘mentees’ and
second-year students as ‘mentors’ wishing to gain a unique
and invaluable opportunity with the LSS early on in their
law degree.
After arriving at Monash University’s Clayton campus in
early 2010 to begin my law degree, I was overwhelmed by
the size of the campus, the confusing map I held in my hand
and most of all, the number of unfamiliar faces rushing
between classrooms. Even after attending a relatively large
high school, starting at University was a completely foreign
and daunting experience. However, within the first week of
signing up to the Monash Law Students’ Society, I became
a first-year mentee for the Peer Mentor initiative. I was sent
an email from a second-year student who arranged for a
group of us first-year students to meet and get to know
each other in an informal and relaxed setting. We all lived
in similar areas of Melbourne and therefore began to carpool to Uni and attend Orientation-week activities together.
I made some lasting friendships through this program and
my fears of confronting a huge Menzies lecture theatre
were soon allayed.
he 2014 ‘Just Leadership Program’ is an initiative
from the Social Justice & Equity Portfolio of the
Monash LSS. In its fifth year, the program seeks to build
from the strengths of previous years by providing two key
opportunities for students selected to participate.
on Monday the 7th of April and close on Friday the 2nd
of May. Students of all year levels may apply, and both
undergraduate and Juris Doctor students are encouraged to
apply.
If you have any other queries, please do not hesitate to
contact justleadership@monashlss.com
First, the program allows students the opportunity to
affiliate with, learn from and listen to key individuals from
various legal backgrounds and organisations that are closely
associated with important social justice issues. Bound by a
legal focus, participants are invited to engage with guests
and organisations that are innovative, practice ethical
leadership and promote social justice within the community.
From this exposure, students will be able to take a social
justice perspective 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 Justice of
the Supreme Court of Victoria and Lieutenant Governor
of Victoria, Marilyn Warren AC, QC, Judge Paul Grant SC,
Attorney-General Robert Clark, former Attorney-General
Rob Hulls and human rights advocate Julian Burnside, QC.
The Role of Mentor
My positive experience as a ‘mentee’ in the LSS Peer Mentor
Program prompted me to apply to be a ‘mentor’ once I
commenced my second-year as a law student in 2011. After
being successful in the application I was assigned to a
group of first-year students who also lived in my suburb.
We arranged to meet at a local venue and introduced
ourselves playing some ‘getting to know you’ games.
My role as a mentor involved discussing the Monash law
program, giving the students an insight into the academic
and social aspects of the degree whilst also assisting them in
making a comfortable transition into University life. After
having been a ‘mentee’ myself the year before, I was able
to instantly relate to the concerns of the current mentees
in starting University, making new friendships, attempting
contract law and understanding the designated parking
colours at the Clayton campus!
Second, participation in the program involves a specific
leadership focus. Central to this is the notion of effective
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
qualities closely associated with social justice 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 substantial legal piece concerning
a matter of personal interest. Previously, the Victorian Law
Reform Commission, Clayton’s Law and Lot’s Wife have
published participants’ works. Second, individuals will be
required to create and maintain a political dialogue with
local MP members. Both projects present an opportunity
for students to further broaden their skill base whilst
pursuing and addressing social justice interests.
Highlights
Being a member of the program in two separate roles over
two consecutive years was a very fulfilling and worthwhile
experience. I was not only afforded the opportunity to
provide guidance to the first-year students and assist
them with tackling University, but the students themselves
were encouraged to make new friendships within a smallgroup, informal environment. Within the first few weeks
of Semester, mentors were also invited to attend the First
Year Camp where we were able to further develop our
friendships with our mentees whilst also simply being
a familiar face amongst the crowds of new students.
Throughout the year I sent and received emails from my
How to apply
Students will be selected on the basis of their work
experience, extra-curricular activities, career objectives,
interests, and academic performance. Applications open
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Research Practicum
Research Units
Basic Information
• Six credit point elective unit.
• For high achieving, later year LLB students.
• Consists of an 18 day internship placement in one of 20
public sector partner organisations.
communicate their research project findings in a format
specified by the partner organisation, such as a consultation
paper, report, commentary, manual, submission or speech.
Students should consult the Handbook and Unit Guide for
the authoritative statement regarding unit assessment.
Overview
Further Information
For further information, please contact Associate Professor
Kathy Laster, the unit convenor, at kathy.laster@monash.
edu.
Undertaking a project in a real world setting, students will
be challenged to engage more deeply in their learning, apply
their legal knowledge and develop new skills.
Students will participate in an 18 day internship placement
in one of public sector partner organisations. The Research
Practicum affords students a chance to complete a unique
research project jointly defined by the partner organisation
and the Unit Convenor.
Overview
The Faculty of Law offers undergraduate students the
ability to further their interest in certain areas of law by
undertaking research units. The units offered are:
• LAW4173 Research Unit A; and
• LAW4174 Research Unit B.
This is a program of individual research and writing on a
legal topic or project which has been approved by the Chief
Examiner after consultation with the proposed supervisor.
The topics or projects may be associated with opportunities
for placements or internships in legal services in the private
or government sectors, in Australia or overseas.
Students successfully completing either unit should:
• Have demonstrated the capacity to undertake independent
legal research;
• Have displayed analytical competence; and
• Have further developed skills in the presentation of legal
writing.
Students will produce a research project under the guidance
of a field supervisor. Students will also participate in
an assessed seminar program to support their work on
placement. The partner organisation will provide field
supervision and the Faculty of Law provides academic
supervision. Students negotiate a project plan with their
supervisors, keep a reflective journal, and make an oral
report on the project and their learning outcomes.
Students should complete LAW4173 Research Unit A first.
Each unit receives six credit points upon successful
completion. Students wanting to undertake these units
must have successfully completed LAW1101 Introduction
to Legal Reasoning and LAW1104 Research and Writing.
Students are supported throughout their placement,
including participation in three two-hour seminars during
the semester where they discuss their project with their
peers.
LAW4173 Research Unit A
The assessment comprises solely of a research paper (50006000 words).
Submitting a completed application form is required for
this unit. The form can be retrieved from: http://www.law.
monash.edu.au/current-students/resources/forms/index.
html.
List of Public Sector Partner Organisations
Students will undertake a formal 18 day placement at one of
20 agencies. Agencies change year to year but include:
• Australian Competition and Consumer Commission
(ACCC);
• Center for Court Innovation (based in New York);
• Department of Premier and Cabinet;
• Judicial College of Victoria (JCV);
• Neighbourhood Justice Centre (DOJ);
• Office of Public Prosecutions (OPP);
• Office of the Public Advocate (OPA);
• Office of the Victorian Auditor General (VAGO);
• Public Interest Law Clearing House (PILCH);
• The Red Cross;
• Sentencing Advisory Council;
• Victoria Legal Aid (VLA);
• Victorian Law Reform Commission (VLRC); or
• Victorian Ombudsman.
LAW4174 Research Unit B
The assessment comprises solely of a research paper (50006000 words).
Submitting a completed application form is required for
this unit. The form can be retrieved from: http://www.law.
monash.edu.au/current-students/resources/forms/index.
html.
Further Information
Please contact Associate Professor Kathy Laster: Kathy.
Laster@monash.edu.
OTE: Research Units A & B ares ‘selective’ - only students
who have demonstrated a capacity and aptitude to undertake
independent research will be allowed to enrol and even
then, it always depends on the availability and willingness
of a member of staff of staff to supervise them.
Assessment
The main assessment for the unit requires students to
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Honours Program
Student Perspective: Honours
What is the Honours award?
If you would like to apply for the Honours Research Unit,
you will need to download an application form from the
Monash Law Honours program website, complete it and
submit it to the staff member listed before the due date.
The due date and the appropriate staff member changes
every year and current information can be viewed at the
website.
Thereafter, successful students will be notified. The student
will then be in consultation with a member of staff and
develop a research proposal that will have to be verified and
authorised by the Director of the Honours Program.
Students who started their LLB before 1st January 2015
are entitled to the Honours award provided they meet
certain eligibility criteria. The award is currently based on
the weighted average of marks obtained in Monash Law
units, known as the Honours Weighted Average (HWA).
Depending on the student’s HWA, the student may be
awarded an Honours classification of HI, HIIA, HIIB or
HIII. Currently, if a student has an HWA of 67 or higher,
they will be entitled to, on meritorious grounds, an Honours
classification.
Is there a bonus?!
Yes. Students, who undertake the Honours Research Unit,
will be awarded a 20% bonus that is added to the grade
obtained in that unit when calculating the student’s overall
HWA. That bonus may have a significant impact upon a
student’s HWA, and could easily affect the class of honours
awarded, as well as the student’s ranking in the order of
merit in the graduating class. Thus, students are rewarded
for their hard work in the unit.
Do you have to apply for the Honours award?
Students do not need to apply for the Honours award. It is
an automatic process. The Faculty of Law will determine
which student receives the Honours award depending on
their HWA that is compared to an Order of Merit. This is
a ranking device, and the thresholds are subject to change
every year.
What is the Honours Research Unit?
Have you ever wanted to undertake a considered and indepth analysis of legal issues in a particular area and
formulate and articulate legal and policy issues? If you
have experienced this desire, then LAW5207 Honours
Thesis (Honours Research Unit), a 12 credit point unit that
covers a full year of study, should be considered. This unit
provides high achieving students with an opportunity to
research, write and present a significant piece of original
work. Students will write a thesis under the supervision
of an academic member of staff, on a topic chosen by the
student and approved by the Chief Examiner. Students will
also publically present the main findings of their research
and participate in a seminar program.
This unit’s assessment consists of:
• One thesis (8,000-10,000 words) [80%];
• A presentation of thesis findings (at Honours Conference
at end of Semester 2) [10%]; and
• Attendance and participation in the supporting Honours
Research Seminar Program [10%].
Want further information?
Students can contact the Honours Program convenor, Dr
Kathy Laster.
In addition, information can be found at:
• http://www.law.monash.edu.au/current-students/
enrolments/honours/; and
• http://www.monash.edu.au/pubs/handbooks/units/
LAW5207.html.
By Mandy Milner
Honours Student 2013
opportunity for me to express my own ideas and proposals
for a law using my knowledge of online behaviour as a basis.
I also included two hypothetical scenarios which I used as
a thread throughout my thesis and which demonstrated the
varying operations of my
proposed law.
You’ve Been Tagged! Privacy, Freedom of Expression and
Copyright: Getting the Balance Right in the Age of Facebook
Y
ou might wonder why you should write your Honours
Thesis. Who would want to read hundreds of articles
on one area of law? Who could imagine writing 10,000 words
whilst balancing clerkship applications, other subjects, part
time jobs and (don’t forget) a social life? Why would I put
myself through that stress when it’s even too late to include
in my clerkship applications? Writing an Honours Thesis
was never on my agenda. After having simultaneously
studied an Arts degree, as well as completing the Research
Practicum Unit, the thought of conducting more research
on such a large scale was horrifying. However, I changed my
mind when I realised that I would like to complete my Law
degree with something more concrete and tangible than a
graduating certificate. The 20% bonus mark-up was a great
incentive too (but it is well-earned). And I don’t regret my
decision for a second.
Starting your Thesis:
Sure, starting a piece of work that you know is going
to consume your life for the next 8 months is daunting,
terrifying and will take a lot of self-discipline. This is
especially so when your research involves looking into
case law on some obscure section of the Competition
and Consumer Act whilst simultaneously studying Trusts,
Corporations Law and Torts. But if you find a topic that
truly interests you as I did, then the initial meeting with
your supervisor is far more likely to get you itching to start
researching and writing.
Researching:
Begin your research broadly – look at legislation, journal
articles, magazines, newspapers and law firm websites.
When researching, folders and sub-folders will be a life saver.
Save everything into relevant folders, as you will no doubt
need to refer back later. Law reform commission reports
can also provide a great overview of an area and indicates
potential future legislative change. I would recommend only
looking at case law once you have a solid understanding of
the relevant area. It is absolutely crucial to keep track of all
your references properly, especially pinpoints, to save you a
lot of time later. Referencing will take more time than you
think (given you may have 400+ footnotes, as I did) and can
be very difficult when you are dealing with the US system
or a decision of the EU Advocate General. The library staff
will become your best friends in this regard.
Selecting a Topic:
In my opinion, your Thesis experience will be far more
enjoyable if your topic is something that you are actually
genuinely interested in, if possible a topic beyond a mere
academic interest which has some particular relevance to
you and may be applied in your daily life or future working
life. Many would think that a Law Honours Thesis would
be very legalistic and dry. The topic of my Thesis was
continually discussed by family, friends and the media and
the content was constantly changing and evolving (but when
changes occur two weeks before the due date, it’s not ideal).
Don’t feel like you are restricted to trusts law or something
purely academic.
Writing:
It will be extremely difficult to begin writing your Thesis, as
well as each new chapter or sub-chapter. I always started by
writing out my own thoughts and ideas in a form of “word
vomit” before referring to my research notes. This is a great
way to consolidate your understanding of your research and
to get your own original ideas down before relying heavily
on research. A brilliant Thesis will have a balance between
original thought and solid research, so make sure you pay
attention to both of these elements equally. Remember –
your examiner is an expert in the area you are writing on.
Whilst this does not mean you can omit the basics, it is
important to keep this in mind as your examiner wants to
see that you have fully understood the relevant area. You
want to find a way to distinguish what you are saying from
that which has already been said 500 times before (and trust
My topic dealt with the tension arising between the right
to privacy, copyright and freedom of expression in relation
to photographs on Facebook. I began with a discussion on
why we need to protect each of these rights and the way
these rights come into conflict. I then discussed how these
conflicts are resolved in Australia, the European Union
and the United States. Given that there is no conclusive
resolution in Australia for dealing with these tensions, in
my final chapter, I proposed a solution, which set out a
proposed law and justifications for its introduction. Overall,
the only part that heavily relied on the law was detailing
the protection afforded to each of these three rights. A
large portion of my Thesis was dealing with broader social
elements and the online world. My final chapter was a great
Eligibility
Students must have completed LAW1101 Introduction to
Legal Reasoning and LAW1104 Research and Writing. In
addition, to be eligible for the Honours Research Unit, you
must have both:
• An average of 72% or better across your law units, when
you submit your application form; and
• No more than 74 credit points remaining to complete the
law requirements of your degree when you commence the
Honours Research Unit.
How do I apply?
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me, your examiner has probably read it all!). This does not
mean that everything you are saying needs to be original
(note the above), but overall, your Thesis needs to have a
bit of “you” in it.
different to the screen view we are so accustomed to. Check
your references carefully. Do not change anything in your
Thesis once you have inserted your ‘ibids’ and ‘above n’s’.
Check your paginations and paragraph breaks. Importantly,
convert your word document into a PDF before printing
your final copy. Otherwise you may end up with weird
paginations and you will cry. And finally, once you have
handed your Thesis in – forget about it. There is no point
dwelling on the past or thinking about the ‘should haves’.
Be proud of yourself for what you have achieved!
Working with Supervisors:
My most important tip is to use your supervisors. They are
there to help you and you will no doubt produce a better
piece of work with their assistance. Send them as many
drafts as they will allow you to send without them reporting
you as spam, aim to meet them once before you write each
chapter and take all the advice they give you as ‘gold’ (even
if this is advice to cut out a whole chapter). Whilst cutting
words from your Thesis is like cutting off the arm of your
baby, ultimately your supervisors are the experts. And take
this from the girl whose first full draft was 8,000 words over
the word limit. I got to the point where I thought it may
have just been easier to write a 100,000 word PhD than to
cut down the words.
Overall, it was an extraordinarily positive experience and I
have no regrets. I would recommend that everyone write an
Honours Thesis if given the opportunity. You will definitely
stress, laugh, eat, cry, drink and put on weight, but ultimately
you will learn a lot about yourself. In five years’ time, you
will only remember the good parts!
Overall Thesis Experience:
Masters Electives
What is the Masters of Law Elective Program?
reading. For application inquiries, please contact the Faculty
of Law’s undergraduate student services, via phone 9905
3300 or email law-undergraduate@monash.edu.
The Masters of Law Elective Program allows undergraduate
students to undertake a maximum of two postgraduate
units during their final year of study of their LLB. Students
can chose from a broad range of units offered at the
Masters level. The units offered will change every year and
can be viewed at: http://www.law.monash.edu.au/currentstudents/course-unit-information/master-of-laws-electiveprogram.html.
This is a unique undergraduate experience that will enable
students, who wish to further their study, to catch a glimpse
of what it might be like studying postgraduate units in the
heart of Melbourne’s legal district by postgraduate teachers.
The program will be taught at the Monash Law Chambers
in the Melbourne CBD. The units are offered in a variety
of modes:
Your Thesis year will be a bit of an emotional rollercoaster.
Some parts will be easier to write than others, you may
struggle to find research on some areas, you may regret
your topic choice and you will definitely never want to hear
the word ‘ibid’ again. Some days you may love your Thesis
and the next, you may decide that, well, you haven’t really
said anything at all. Self-doubt will plague you throughout,
especially in the last few weeks. Just stay confident and
positive, remembering that your supervisor is the expert
and has helped you get where you are.
• Intensive – Units that run over a maximum of two weeks;
• Semi-intensive – Units that run over a period exceeding
two weeks; or
• Semester-long delivery – Units that are offered as two
hours sessions on twelve occasions.
The course fees will be as per the LLB enrolled course.
The successful completion of the unit/s will count towards
the student’s LLB and any postgraduate courses for law
graduates (if undertaken within eight years).
Have realistic goals. Don’t aim to write your whole Thesis
in three weeks, even if you do work better under pressure.
Whilst you may be able to get the words down in three
weeks, it’s time that allows you to really finesse your Thesis,
ensure there is sufficient detail and produce a ‘golden
thread’ (as my supervisor referred to it as) throughout
your Thesis. This will really push your Thesis up a notch,
or three. Cutting down words also takes a very, very long
time! Making friends with those who are going through
the same experience as you is vital for your Thesis survival.
Your Thesis friends (and BBQ Shapes) will get you through
your long seminars and boring referencing and they are the
only ones who know exactly how you are feeling! Knowing
where other people are at is also a great way to chase away
the procrastination bug. Chocolate, ice cream, vodka and
coffee consumption is also critical for Thesis survival.
Eligibility
Only students who are completing their LLB within a
year of enrolling in the Masters elective units are eligible
to enrol. This means that students who will be completing
their course in semester one can enrol in units commencing
at the start of semester two or later in a previous year. To
be considered, students must have achieved a minimum of
65% average in their Law units.
Furthermore, a maximum of three LLB students may enrol
in any one Master of Laws (LLM) unit. Places in units are
given in the order of receipt of applications. The Faculty of
Law does not offer all postgraduate units to LLB students.
Proofreading:
Application Process
Once your final draft is complete, bribe as many people
as you can to read through your Thesis, checking for
repetition, spelling mistakes and grammatical errors. My
extended family are now very well-informed on their legal
rights in relation to posting their photographs online (yes,
even my 80 year old grandparents). This is even better
when the person does not have a legal background. Read
it through yourself in hard copy, where things look a bit
Eligible students will be invited to apply via email after
the semester two results are released. The email will give
detailed instructions on how to apply and enrol. Selection is
on a first-come, first-served basis, of all eligible applicants.
However your application should be submitted by five weeks
prior to the start of the unit you wish to enrol in so that
you can collect the reading material in time for preliminary
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Masters of Law Program
Student Perspective: Further Study
Basic Information
For further information, contact the course coordinator:
Associate Professor Moira Paterson. The units offered
change every year and should be checked at the time of
enrolment. Consider this website: http://www.monash.edu.
au/pubs/2014handbooks/courses/0068.html.
By Tim Jeffrie
Senior Associate to the Chief Justice of Victoria
BA(Hons)/LLB (Hons) 2010 (Monash University)
Bachelor of Civil Laws (Dist) 2013 (University of Oxford)
Alternative Master of Laws Courses
Students who wish to pursue further study can also embark
on a specific course of their liking:
• Master of Commercial Law;
• Master of Laws (Juris Doctor);
• Master of Laws (Research);
• Master of Human Rights Law;
• Master of Intellectual Property Law;
• Master of Regulatory Studies; or
• Master of Workplace and Employment Law.
I count myself lucky that I was provided with such a
fantastic legal education at Monash. After completing my
LLB/BA I started at a large commercial law firm in the city.
I had known for some time that this would be a stepping
stone, and decided that I wanted to pursue further study,
particularly in the UK. So I decided to apply to study the
BCL (Bachelor of Civil Laws) at the University of Oxford.
In March 2012 I was fortunate enough to be offered a place
in the programme and in September of that year I touched
down in the city of dreaming spires and began the most
intense and remarkable year of my life.
Go to this website – http://www.monash.edu.au/
pubs/2014handbooks/courses/index-byfaculty-law.html –
and navigate to the courses for further detailed information.
The application process
• Study for one year full time or four years part time.
• Study at the Monash Law Chamber in the Melbourne
CBD.
• 48 credit points required.
Overview
The Master of Laws (LLM) program has been developed to
offer maximum flexibility and choice for law graduates, with
a broad range of units that enables students to individually
tailor the degree to suit their interests and professional
needs.
The LLM aims to provide further education to lawyers to
assist them to update their skills, specialise in specific areas
of the law and undertake research. It may also contribute to
continuing legal education and professional development.
The course, in terms of course structure, teaching methods,
class times and venues, is designed with the interests of
part-time students particularly in mind.
The course comprises eight six-point coursework units or a
combination of coursework units and a minor thesis. The
course can be completed with or without a specialisation.
Specialisations
Students can choose their units from a broad range of
interesting topics:
• Commercial law;
• Dispute resolution;
• Government law and regulatory practice;
• Human rights law;
• Intellectual property law;
• International and comparative law;
• Media and communications law;
• Regulatory studies; or
• Workplace and employment law.
for college it was a welcoming community and I enjoyed
it immensely. I did not live at the college and managed to
arrange accommodation at another college in the centre of
town. From there I embarked on my daily ritual of riding
around town to classes, libraries and black tie dinners.
Monash LLB to Oxford BCL
The experience in Oxford can be divided into two: academic
and social. On the academic side the BCL is intense. It
is far more difficult than anything I had experienced at
Monash. The BCL is broken up into 4 subjects (one of
which may be a thesis). The classes were full of incredibly
bright people, the process of assessment is 100% closed
book examination (in full white tie). There are also tutorials
for each subject which meant I had to write four essays for
each subject throughout the year which are then discussed
over an hour, often one on one, between you and your tutor.
The experience at Monash did hold me in good stead,
having gone through the tutorial process for compulsory
subjects I felt confident in asking questions or making a
comment in a small class of brilliant students.
The application process at any top international university
is pretty gruelling. At Oxford and Cambridge that process
begins by arranging a number of academics to be referees.
One of the benefits of studying at Monash is that the
teaching staff are genuinely interested in helping their
students and the Honours programme allows for close
interaction between students and staff. I managed to
arrange those referees and then had to submit a numbers
of documents including a piece of legal writing and a
statement of purpose. The most difficult is the statement,
that document requires you to have no shame. To put your
best foot forward in every conceivable way and try and sell
yourself to the university. I recommend to anyone who is
going through this process to get your hands on someone’s
statement of purpose. It is incredibly helpful to know what
to write and how to pitch yourself.
The social side is almost as important. Oxford has hundreds
of societies and organisations that you can be apart of. I
rowed for my college in all three semesters (which in true
Oxford fashion are named after religious figures: Hilary,
Michaelmas and Trinity). There are always a number of
dinners to celebrate a myriad of different events, often held
in massive medieval halls with copious food and wine. It is
important, I think, to enjoy the non-academic experience
as much as possible. Oxford offers amazing intellectual
challenges and professional opportunities, but the great
benefit of a place like Oxford is the incredible experience
you can have at these events and the remarkable people you
meet.
As I noted at the start of this piece, I had an incredible
experience at Oxford. My legal education at Monash
certainly provided me with the building blocks to both fully
appreciate and succeed in the BCL. Having said that, it is a
whole different ball game, and if you are lucky enough to go
and do the BCL it will push you to the extreme and certainly
make you a better lawyer.
After completing this process you also have to decide where
you would like to go to college. Oxford and Cambridge
are federal university systems, the colleges existed before
the central university. While the colleges are not as central
in teaching as they are for undergraduates, you still need to
be a member of them and they form a central part of the
experience. Each college has its own unique features and
it is important to look at their website and try and talk to
people who have been there. They may also be a treasure
trove of funding if you look in the right places.
Course Requirements
Students must complete one of the following options:
• Eight coursework units from the list of approved law
units. Units may be chosen from one or more specialisations.
• Four coursework units and a minor thesis of 25,00030,000 words on an approved topic.
• Six coursework units and a minor thesis of 12,000-15,000
words on an approved topic.
The experience
In order to qualify to undertake one of the minor thesis
options, a student must have achieved a minimum of 70%
in each of the coursework units undertaken.
I was placed at St Hugh’s College. It was a former women’s
college in the north of Oxford and proudly proclaims
a number of influential women as its alumni (including
Aung San Suu Kyi). While this was not my first choice
Further Information
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LSS Social Activities
By Amelia Kearney
Director of Activities
As you sit down in your first law lecture, a 1000+ page
textbook sitting ominously in front of you, the next few
years of your law degree can suddenly seem quite daunting.
Many law students often feel overwhelmed by the intensive
nature of law school, and can struggle to strike a happy
balance between study and university life. Happily, the
Monash Law Students’ Society is here to offer a range of
programs, events and services for all students to become
involved with to help achieve a holistic and enjoyable
experience in law school.
and formalwear to turn heads. Pull out the bow-ties and ball
gowns, because Law Ball is the event that absolutely MUST
NOT be missed! Make sure to set that alarm-clock early for
ticket sales – people start lining up at 3am to secure a ticket
because – unsurprisingly – they go fast!
After Exam Parties
Pub Crawl
Held in the first week of semester, pub-crawl is an ideal
introduction to the LSS’ calendar of social events. The
name says it all – we invite law students of all ages to join us
at a selection of Melbourne’s finest bars and watering-holes,
where we provide a range of tantalising drink specials,
before stumbling our way to the next venue. Whether
you’re a connoisseur of fine bars, or just want to sample the
frivolity that the night has to offer, pub-crawl is a laid back
opportunity to see the lighter side of law.
The Activities Portfolio works throughout the year to
provide a range of social events for law students of all ages.
We aim to deliver a means for new law students to get to
know their colleagues in a relaxed environment away from
the rigours of the classroom, as well as offer a chance for all
students to take a break from study and unwind with their
friends. As a first year, your main priority may be to get to
know the people you are going to spend the next four to six
years of your life with and immerse yourself in the culture
of law school, in order to ensure that you have the most
enjoyable experience possible. The Activities team is happy
to offer a specially-tailored First Year Program, aimed at
assisting the transition into Monash law, as well as a range
of other popular events for you to become involved in.
Booze Cruise
Set sail with your fellow students as we traverse the heaving
waves of the Yarra! Dress up in your finest themed costume
and enjoy the company and excitement that our annual
cruise has to offer. Enjoy stunning views of the Melbourne
landscape while relaxing on-board an expertly piloted cruise
ship with some of your newfound friends in law. Always
a popular event among students of all year levels, Booze
Cruise is one of our premier events of first semester.
First Year Camp
Taking place at the end of Orientation Week, the LSS’ First
Year Camp is the first opportunity for new students to
get to know their colleagues and form friendships before
entering their first classes. It is also an excellent opportunity
to meet some of the friendly and welcoming members of
the LSS committee, who attend as leaders to facilitate each
student’s experience.
Held at a campsite a couple of hours out of Melbourne,
our annual camp is open only to first years, and provides
a relaxed environment in which to bond with your fellow
students. With a range of fun activities available to get
involved in, camp delivers not only the opportunity to form
lasting friendships, but also some of the best memories you
will take away from law school.
First Year Dinner
The next event in the Activities team’s first year program
is First Year Dinner, a night of class and sophistication
amongst your friends and colleagues. Held at a chic
restaurant in Melbourne’s CBD, First Year Dinner delivers
an opportunity to share dinner and drinks with your fellow
first years, and take a break from your studies in elegant
surroundings. This event is semi-formal – so gents, be sure
to put aside a suit, and ladies, pull out those cocktail dresses!
Law Ball
The crème-de-la-crème of events on campus, Monash
Law Ball has rightfully earned itself a reputation as one
of the very best university balls in Melbourne. Held in
the resplendent surrounds of Peninsula in the Docklands
in September, Law Ball is the highlight not just of the law
faculty’s calendar, but of Monash University’s entire social
scene too! In 2013, 1300 students attended a night of
opulence and splendour, with live bands, a 2-course meal,
unlimited drinks, fabulous themed decorations, after-party
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Every semester, the LSS is proud to host our After Exam
Parties, held in conjunction with BCSS and Melbourne CSS,
to commemorate the end of another gruelling semester.
Plenty of drinks and amazing DJs are a recurrent theme
of this night, which is the perfect way to commiserate or
celebrate!
BBQs
Throughout each semester, the Activities team and our
helpful hands on Subcommittee put on heaps of BBQs,
featuring a delicious array of classic meats, international
beers, and plenty of soft drinks – and it’s all free for LSS
members! Our BBQs are a great way to take a break from
studies, unwind with a free sausage and drink, and catch up
with all those familiar faces.
The Activities team is delighted to be able to put on all these
fabulous events and functions, in order to make every law
student’s experience at law school just that little bit more
fun. Myself and my team are here to help in any way with
making your transition to law school easier, and to provide as
many opportunities as possible for you to enjoy yourselves
with your colleagues – all you need to do is get involved!
We’re incredibly excited about what’s in store for Activities
in 2014, and we’re confident that you’ll have just as much
fun attending as we have in organising them. Should you
have any questions, please do not hesitate to contact us at
activities@monashlss.com - or, alternatively, pop down to
the LSS office in the Law Building Basement to have a chat;
we’re always there and happy to talk!
Once again, congratulations on making it into law.
Now the fun begins.
My team and I look forward to partying with you in 2014!
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FROM UNIVERSITY
TO A CAREER IN LAW
Where Can My Law Degree Take Me?
Careers in Social Justice
W
By Gemma Hallet
Director of Social Justice and Equity
hile attending university can be one of the best times
of your life, it is wise to be thinking about where
you want to end up at the completion of your law degree
as early as possible. And so the million-dollar question is
this: why did you want to study law? Do you dream of
serving underprivileged youths, advising corporations on
multimillion-dollar transactions, advocating for accused
criminals villainised by the media, pursuing further study
or something else? Since this passion is not always clear
from the outset of undertaking a law degree, this is where
volunteering, internships/clerkships, seminars and choosing
electives wisely can play a vital role in making that discovery
(see the page entitled ‘Career Services offered by LSS’ for
more information about gaining exposure to different
career pathways during your degree).
that are already in the career you want to pursue and plan
your steps to get there. This is most certainly a lifelong
journey that is not determined by the first job you take, so
take advantage of your university life to find out what some
of your passions are.
All the best and enjoy the ride!
people, Indigenous Australians, the queer community,
and homeless people. Participation in the program also
involves a specific leadership focus, designed to further
equip and develop students to become strong leaders in
their fields into the future. Students selected for the nineweek program will complete two projects as demonstration
of their leadership skills – firstly, to produce a substantial
law reform piece, which the VLRC, Monash’s Clayton’s Law
and Lot’s Wife have published in the past. Participants will
also create and maintain a political dialogue with local MPs,
presenting an opportunity for students to further broaden
their skill base whilst pursuing and addressing social justice
interests. Applications open 7 April.
Many law students aren't as interested in contracts,
corporations or property law as they are in human rights
law, environmental law, law reform, and other social justice
avenues. Perhaps you're someone who wants to use your
law degree to work with asylum seekers, prisoners, people
in poverty or indigenous people?
In response to the growing demand of students who are
less interested in traditional legal careers, the Monash
LSS Social Justice and Equity portfolio offers a range of
opportunities to learn more about how to save the world,
one legal precedent at a time.
A law degree equips you with useful legal knowledge and
background, as well as an array of transferable skills, such
as problem-solving, critical thinking, research and oral and
written communication skills. With a law degree, you are
never confined to one straight career path. For example, a
degree in law may lead to a career in one of the following
areas:
• Commercial law
• Criminal law
• Family law
• Government
• Consumer advocacy organisations
• Public policy
• Social justice and human rights
• Academia and education
• Judge’s Associate
• Barrister
• In-house counsel
• Politics/Political analyst
• Business and management
• Law reform
• Consulting
• Legal journalism
• Banking and finance
• Other careers beyond the legal industry
To find out more about social justice careers, get involved
with the Social Justice & Equity events throughout 2014,
and drop by the LSS office if you have any questions!
The Social Justice Avenues Seminar in Week 2 will introduce
you to the many law electives, internships, clubs, and
volunteering opportunities you can get involved with during
your time as a Monash law student. Come along to hear
from current students who, like you, are passionate about
equality and fairness in the law, and who have turned that
passion into real success at university and beyond. You’ll
learn that from as early as first year, you can begin to gain
exposure to studies, organisations, firms, and people who
can inspire you to understand the law from an equitable
perspective throughout your law degree and beyond. Join
us on 10 March at Monash – students from all year levels
are welcome.
After you hear about the pathways your law degree can take,
you’ll want to know more about how to get in touch with
and apply for opportunities at the many law- and non-law
organisations that focus on social justice careers and helping
disadvantaged people. The Social Justice Guide 2014 is your
go-to manual to find all you need to know about every stage
in your law degree and career. It is a comprehensive guide
to all the organisations that you might like to work or intern
at, plus testimonials and articles from some of the most
successful social justice and community law professionals in
Australia. They’ll explain what it’s like to work with people
disadvantaged by the law, how to create positive legal change,
and how to succeed in a competitive workplace. The Guide
is released in late May 2014.
As you would expect, each career path entails different
processes for applying. For some, they require extra
qualifications (e.g. to become a barrister, you need to be an
already qualified Australian lawyer, take the Victorian Bar
Entrance Exam and Reader’s Course). Start with a general
search on Seek or relevant industry websites, and narrow
down. Further, don’t underestimate the importance of
attending seminars held by professionals in the field you
want to pursue, whether offered through the Law Students’
Society or other faculty student bodies. Engage with those
If you want to step up your commitment to a social
justice legal career, apply for the Just Leadership Program.
Bound by a legal focus, participants are invited to engage
with guests and organisations that are innovative, practice
ethical leadership and promote social justice within the
community. Seminar topics include the rights and laws
concerning asylum seekers, children, women, disabled
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107
Perspective: Commercial Law
By Matthew Hearn
Lawyer, Allens
in large teams for some of the world’s largest corporations
on several large, high profile transactions that are reported
in the media, as well as providing general corporate advice
to clients, conducting due diligence and drafting complex
agreements. In contrast, a law graduate or junior lawyer in
the Commercial Litigation & Dispute Resolution practice
group may be involved in conducting research into novel
areas of law, drafting pleadings and court documents,
preparing letters of demand, assisting with discovering
documents, drafting witness statements, meeting with
clients, briefing barristers and preparing for (and attending)
trials.
What is commercial law?
Perhaps unlike other legal disciplines such as criminal,
plaintiff or family law, it is not immediately obvious what
commercial law is, or what is involved in its practice. In
broad terms, commercial law involves providing legal
advice to businesses, governments and other types of
organisations. Given the fast-paced and increasingly global
environment in which companies operate, combined with
the number of industries in which they conduct business,
you may be surprised at just how wide-ranging the practice
of commercial law really is.
Another facet of practicing commercial law is that the
knowledge and skills you learn are often readily transferrable
to other jurisdictions. An exciting aspect of working
at Allens is the global scope of the work performed for
clients, which through our strategic alliance with Linklaters,
provides exciting personal and professional opportunities
for junior lawyers to work in our offices overseas and on
matters based in other countries. With 40 offices in 29
countries, junior lawyers have the opportunity to participate
in a number of international secondment opportunities
to Linklaters’ offices in London, Europe, New York and
Dubai (to name just a few), as well as our offices in Asia.
At Allens, we practice in all areas of commercial law, which
includes mergers and acquisitions, capital markets, banking
and finance, commercial litigation, arbitration, insolvency
and restructuring, construction, energy, resources and
infrastructure, technology, media and telecommunications,
real estate, workplace relations, as well as tax. This often
involves advising clients that operate in a wide range of
industries including financial services, mining, technology,
power, oil, transport and infrastructure.
A common theme between these areas is the role a
commercial lawyer plays as a trusted adviser to a corporation.
Often a chief executive officer, director or general counsel
of a company will contact a commercial lawyer for reliable
and practical legal advice to help them resolve the various
legal questions and strategic issues that arise in the course
of running a company. One of the most important skills
you learn as a junior lawyer at Allens is the importance
of tailoring technically excellent legal advice to a client’s
specific business needs and considering whether a proposed
legal course of action is commercially sensible.
In addition to legal work, commercial lawyers also undertake
extensive training and professional development to increase
our commercial law skills, including practical skills such
as negotiation and relevant areas of substantive law. Law
graduates and junior lawyers at Allens are also involved in a
range of business development initiatives to strengthen our
relationships with current and potential clients.
How do I know if commercial law is for me?
The best way to determine if commercial law is for you is to
learn as much as possible about what it involves. This can
be done by speaking to lawyers who work in this area and by
obtaining some practical work experience in commercial law.
In my own search for answers about whether commercial
law was for me, I spoke to a variety of lawyers about their
experiences, including lawyers that work at top-tier firms,
mid-tier firms and ‘in-house’ at a company, as well as
lecturers who had previously practiced in commercial law. I
looked for opportunities to undertake work experience and
obtained employment as a paralegal in a commercial law
firm, which was a fantastic way to see if it was for me. I also
undertook a number of vacation clerkships during my third
and penultimate years at University, which was an extremely
valuable way to spend a few weeks participating in, and
observing, the daily life of a commercial lawyer. Once I
had made the decision to pursue a career in commercial
What do commercial lawyers do?
I have discovered that the practice of commercial law is
more diverse and dynamic than I had ever anticipated at law
school. The work undertaken in each of the areas outlined
above can be very different depending upon which group
you decide to practice in.
While a typical day for a law graduate or junior lawyer at
Allens is hard to pin-down, I have continually found that
working in commercial law is fast-paced, challenging and
varied. Law graduates and junior lawyers at Allens have the
opportunity to rotate through a number of practice groups
to experience the different areas of commercial law. For
example, a day for a law graduate or junior lawyer in the
Mergers & Acquisitions group is likely to involve working
108
law, vacation clerkships allowed me to determine the firm I
would like to work at to begin my career.
Additionally, I recommend undertaking a number of the
many commercial law electives offered by the Law Faculty.
During my time at Monash, I undertook commercially
focused electives such as competition law, tax and intellectual
property. I also wrote an honours thesis on directors’ duties
and undertook a research unit that involved writing a paper
on a provision of the Corporations Act. Undertaking these
subjects not only helped me determine whether I was
interested in commercial law, but also assisted in identifying
the areas of commercial law in which I would like to
practice. Commercially focused electives on your academic
transcript also help to demonstrate to potential employers
that you have a genuine interest in this type of law.
Any additional advice for future commercial
lawyers?
A common misconception among law students is that a
commerce degree is required for practicing as a commercial
lawyer. This is not the case and I have been surprised at
the diversity of academic disciplines that many commercial
lawyers possess. As commercial lawyers often work in teams,
law firms are often looking for well-rounded applicants that
can bring different perspectives to the table. Accordingly,
commercial law firms accept law graduates from diverse
academic backgrounds such as science, arts, engineering and
IT. Your non-law degree and non-commercial law subjects
often provide you with something different to talk about
in interviews and demonstrate that you are a well-rounded
applicant. A solid academic record will also assist you when
applying for clerkships at commercial law firms.
If you have already determined that you are interested in
practicing as a commercial lawyer, I would also recommend
that you start building your ‘commercial awareness’. You can
do this by reading business publications, undertaking parttime work in commercial law, or even start understanding
how businesses operate while working in a non-legal job.
I have found my decision to pursue a career as a commercial
lawyer at Allens to be extremely rewarding. It has engaged
my interest in law and business and opened up a world of
opportunities professionally and personally.
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Perspective: A Career at the Bar
Perspective: Government
By Robin Smith
Barrister
What is VGSO and what does it do?
You must be admitted as an Australian Lawyer prior to being
called to the bar. It is not necessary to have any experience
prior to becoming a barrister – but most barristers will tell
you that you probably need some prior legal experience
– either as a solicitor, an associate or registrar – prior to
coming to the bar.
I became a barrister in 2009. My practice is in primarily
family law with some administrative law. I have also done
some criminal law appearances. Since coming to the bar,
I have appeared in federal and state courts, the Social
Security Administrative Tribunal and the Victorian Equal
Opportunity Commission.
legal system, as a part of your four, three-month rotations
through five of our legal branches: Government & Public
Law; Commercial, Property & Technology; Litigation &
Dispute Resolution; Workplace Relations & Occupational
Safety; and Police.
The Victorian Government Solicitor's Office (VGSO)
provides strategic advice and practical legal solutions to the
Victorian government and its agencies and authorities. Our
clients face a wide range of legal issues and are looking for
legal advice and solutions that offer meaningful outcomes
and effective risk management given the unique government
context.
You will work on high-profile matters and with a great
deal of autonomy and responsibility. Trainee Lawyers get
involved in real work. They attend court, participate in
client meetings and draft advices. Trainee Lawyers also
complete external Practical Legal Training through Leo
Cussen Centre for Law.
VGSO provides excellent opportunities to work across a
broad range of issues and gain experience in diverse areas
of law. You’ll be challenged, called upon to use the full range
of your abilities and, through our emphasis on professional
development, further develop your skills in an interesting
and unique legal setting.
Prior to coming to the bar, I was an associate at the
Federal Magistrates Court (now Federal Circuit Court).
My experience at the FMC was great in preparing me
for appearing in Court, as it got me used to the Court
environment, the law as its applied to real life cases and
exposed me to all forms of advocacy – the good and the
bad.
VGSO’s involvement in news-breaking matters relevant
to every Victorian allows our Trainee Lawyers to build a
strong career path that is rewarding, thought provoking and
intellectually satisfying.
Pro Bono Work
VGSO recognises the importance of legal professionals
providing services to individuals who would normally not
have access to their specific legal skills. In support of this
professional responsibility, VGSO encourages and supports
all employees to undertake pro bono work, and in doing so
we build on a long standing tradition of serving the public
interest.
On a typical day, I arrive at court at 9am and meet the client
for the first time at court. We will have a little over half an
hour for me to clarify any issues and obtain instructions.
For many matters, most of the morning will be spent
negotiating with the lawyer for the other party to see if
the parties can reach an agreement. If the parties cannot
reach an agreement, then the matter will be called on in
court. Here, depending on the day, my job may involve
making submissions to the Court, and/or leading and crossexamining witnesses. It will then be up to the judge to make
a decision.
Our Trainee Lawyers are selected from previous intakes of
Seasonal Clerks, Paralegals and direct applications.
What opportunities exist for students considering
a career with VGSO or in the Government sector?
VGSO offers a Seasonal Clerkship program for penultimate
year students and a Traineeship program for Law Graduates.
The VGSO Pro Bono Policy aims to provide a framework
whereby staff can work collaboratively with not-for-profit
organisations and community or specialist legal centres
involved in the provision of pro bono services.
The unique and important role VGSO performs in providing
authoritative advice and legal services to government,
allows us to offer our Trainee Lawyers a foundation for a
rewarding career in both government and private practice.
VGSO offers experience unlike anywhere else. Our
Seasonal Clerkship Program offers a firsthand opportunity
to gain insight into the work undertaken by VGSO and the
Government Sector.
Practice areas
The afternoon or evening will be spent reading the brief for
the following day and any other matters coming up. This
may also include undertaking any legal research that may
be relevant.
• Administrative Decision Making & Review
• Intellectual Property, Communications & Technology
• Civil Litigation & Dispute Resolution
• Land, Planning & Environment
• Commercial Litigation & Dispute Resolution
• Policing
• Constitutional Law & Intergovernmental Relations
• Projects & Procurement
• Disciplinary Proceedings & Prosecutions
• Public Sector Governance & Integrity
• Emergency Management
• Workplace Relations & OH&S
• Human Rights & Equal Opportunity
• Inquests
Barristers are members of a list of barristers, which is
run by a barristers’ clerk. A clerk assists their barristers by
managing their diary and bookings, issuing invoices and
chasing up unpaid fees.
To become a barrister, you must complete the Victorian
Bar Readers Course. Entrance into the course is conditional
on an exam on evidence, criminal law procedure, civil
procedure, and ethics. The exam requires a 75% mark to
pass and is extremely competitive. The Readers Course is
roughly 8 weeks, and teaches skills in areas such as advocacy,
drafting court documents, and ethics.
For more information on programs and application dates,
please refer to the VGSO website www.vgso.vic.gov.au
Contact Information
Address: Level 25, 121 Exhibition Street Melbourne Vic
3000
Phone: 03 9032 3020
Email: humanresources@vgso.vic.gov.au
Web: www.vgso.vic.gov.au
HR Contact: Alana Hill
What might a typical day in the life of a VGSO
lawyer involve?
The role of a Trainee Lawyer with VGSO is diverse, constantly
challenging and extremely interesting. Throughout the 12
month program, you will be exposed to many parts of the
During your reading period, you will have 2 senior barristers
to mentor you.
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111
Perspective: Public Policy
Perspective: Consumer Action Law Centre
By Adam Ch’ng
Adviser – Workplace Relations & Legal Affairs, Australian
Chamber of Commerce and Industry
By Amanda Storey
whenever and however duty calls: appearing at hearings
before Senate Committees or the Fair Work Commission,
drafting submissions to Parliamentary inquiries, representing
business interests at the ILO, writing articles for the
media, and meeting with federal government ministers,
pazrliamentarians, advisers and regulators.
O
tto von Bismarck, the Iron Chancellor of Germany,
famously opined that, “laws are like sausages, it
is better not to see them made.” But what if you could
influence the making of the sausage? Greater still, what if
you could influence the design of the sausage maker? Surely
then, a front row seat might not sound so unappealing.
During my time at Monash University, there was persistent
idealism to use my law degree to reform for the better the
way in which people work. That idealism led me first to
private practice, before being approached by ACCI to join
a larger conversation, asking not simply what the law is, but
rather what the law should be.
The Australian Chamber of Commerce and Industry
(ACCI) is the public voice of the Australian business
community in every significant aspect of the national and
international policy conversation. Whether it’s economic,
trade, employment or workplace relations reform, we are
at the front line representing Australian businesses – small,
medium and large – across every industry sector of the
national economy.
In his novel, The Rainmaker, John Grisham reflected that:
“All students enter law school with a certain amount of
idealism and desire to serve the public, but after three years
of brutal competition we care for nothing but the right job
with the right firm where we can make partner in seven
years and earn big bucks.”
Our principles are two-fold: a free enterprise economy and
a democratic government.
The challenge of law school is not simply to “succeed” by
landing four seasonal clerkships and a graduate position
at a top-tier firm. It is to both retain and embolden that
“idealism and desire to serve the public” and to contribute
to shaping the law, which in the words of President Barack
Obama, “records a long-running conversation, a nation
arguing with its conscience.”
When it comes to workplace relations policy, there is not
one area of significant national industrial reform which
ACCI does not, in some way, influence:
setting the federal minimum wage;
restoring industrial harmony to the building and construction
industry;
reducing the compliance burden on employers to administer
the statutory paid parental leave scheme;
securing a Productivity Commission inquiry into the Fair
Work laws;
recalibrating regulation of trade unions and employer
organisations; and
balancing unfair dismissal laws, particularly for small
businesses.
ACCI is an institutional member of that conversation – a
conversation into which you are also invited.
For more information, go to www.acci.asn.au or contact
Adam Ch’ng at adam.chng@acci.asn.au.
ACCI’s advocacy also extends to representation on United
Nations agencies like the International Labour Organisation
(ILO) in Geneva, Switzerland. Sustained international
activism through the ILO has:
instigated the enforcement of global safety standards,
following the collapse of a garment factory in Bangladesh
killing 1,000 people;
reduced the instance of forced labour and child labour in
Myanmar; and
rescued political and industrial prisoners of conscience who
were wrongly sentenced to death.
Consumer Action periodically recruits volunteer law
students who are in their penultimate or final year of study
and be able to commit to one day per week for a period of
6 months. We are also looking at a Practical Legal Training
volunteer program for graduates completing a graduate
diploma in legal practice. Volunteers undertake important
legal research, attend client interviews and provide legal
support for the legal practice team's litigation matters.
If a law student is interested in consumer advocacy,
volunteering at Consumer Action or any other community
legal centre is an excellent way to become involved in the
sector and gain exposure to vulnerable consumers. Other
career pathways include working at the above mentioned
Ombudsman schemes or at consumer regulators such as the
Australian Securities and Investment Commission and the
Australian Competition and Consumer Commission. Both
of those regulators have outstanding graduate programs.
C
onsumer Action Law Centre is a community legal
centre which provides free legal advice to vulnerable
and disadvantaged consumers across Victoria. Consumer
Action specialises in banking disputes, credit disputes,
debt collection, bankruptcy, defective goods and services,
motor vehicle purchases and disputes, unfair contract
terms and essential services disputes. Consumer Action has
approximately 35 staff including 11 practicing lawyers and
10 policy and campaign staff and is the largest specialist
consumer legal practice in Australia.
The legal practice team provides free legal advice to
consumers and community workers by email and over
the telephone. Last financial year the legal practice team
provided legal advice to some 3,000 consumers and
900 community workers such as financial counsellors,
mental health workers and other community lawyers. This
assistance helps vulnerable clients address issues causing
them considerable harm, providing direct financial relief,
and preventing the downstream hardship experienced by
individuals with unmet legal need.
In addition to the advice line work, the legal practice takes on
case files to pursue litigation or external dispute resolution
on behalf of clients. For litigation work, the solicitors usually
work with a barrister to prepare the statement of claim or
defence and instruct the barrister in court or at VCAT. The
solicitor will also appear in court or at VCAT for routine
matters. The solicitors will conduct all the negotiations with
the other party on behalf of the client, including attending
mediation or other court ordered dispute resolution.
As an alternative to litigation, the legal practice team will
also advocate on behalf of clients at external dispute
resolution schemes such as the Financial Ombudsman
Service, the Credit Ombudsman Service Limited and the
Energy and Water Ombudsman Victoria. The solicitors
will prepare substantive legal submissions to the various
Ombudsman schemes and advocate on behalf of their
clients at conciliation conferences.
Opportunities to work as a solicitor at Consumer Action
arise from time to time and are usually advertised at not-forprofit job boards such as Ethical Jobs and the Federation
of Community Legal Centres. Consumer Action generally
employs solicitors with several years post-admission
experience, however that is not always the case so law
graduates should regularly check not-for-profit job boards
if they are interested in working at Consumer Action.
My role at ACCI is to represent business wherever,
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113
Asylum Seeker Resource Centre
Perspective: Judge's Associate
What the ASRC does
By David Barda
Senior Associate to Justice Neave, Court of Appeal,
Supreme Court of Victoria
What skills do prospective volunteers/interns/
employees need to work at the Asylum Seeker
Resource Centre?
The Asylum Seeker Resource Centre (ASRC) is Australia's
largest asylum seeker aid, health and advocacy organisation;
caring and advocating for asylum seekers. We work with
individuals, couples, and families, primarily from the
Middle East, Africa and South East Asia. The ASRC is an
independent and non-government funded human rights
organisation.
• Interest in refugee law and human rights law
• Excellent organisation and administration skills
• Excellent communication skills
• Ability to take initiative and work independently
• Ability to take and follow instructions
• Qualified solicitor and Migration Agent (for employees)
• Experience working with clients in a legal setting
(desirable)
What the ASRC Human Rights Law Program does
The ASRC Human Rights Law Program (the Law Program)
is a Community Legal Centre, accredited by the National
Association of Community Legal Centres. It comprises
5 full time paid staff and 100 volunteers, and currently
assists approximately 200 clients. The Law Program
provides legal services to asylum seekers going through the
Refugee Determination Process. Solicitors represent our
clients before the Department of Immigration and Border
Protection, the Refugee Review Tribunal, the Federal Courts
and UN bodies when required. They also provide legal
advice to non-clients, engage in legal policy work, research
and community legal education on a regular basis.
Most associates take the position because they want to
become a barrister. It is common to spend a year at the
Court before studying for the bar exam. An associateship
is a terrific way to learn about civil and criminal procedure
and watch Victoria’s best advocates at work. If you are
interested in litigation, advocacy, or just avoiding working
60 hours a week at a corporate firm, I strongly encourage
you to consider working at the Supreme Court of Victoria.
The Supreme Court of Victoria is never boring. Bewigged
judges, in Santa Claus red, sit in judgment on a Dickensian
parade of murderers, kidnappers, corporate criminals and
innocent bystanders. Journalists camp outside your office,
snapping photographs as you leave the Court, only to realise
that you are not an infamous murderer – just an associate
getting coffee.
An associate is an assistant to a judge. You manage the
judge’s Chambers, do legal research, manage listings and
provide the point of contact between the judge and the
outside world. You develop a close relationship with your
judge. Discussing cases at length, playing devil’s advocate
and arguing with them when you think they are wrong (they
aren’t). You also assist in drafting judgments. There is no
feeling as good as seeing an argument you made printed in
a judgment of the Court of Appeal.
A normal day might include sitting in Court in the morning
in a criminal trial, hoping that no one notices that your black
Harry Potter robes are caught in your wheelie chair. You
will take notes, manage the recording and help the parties
with anything they need during the day. In the afternoon,
having unpicked yourself from the wheelie chair, you might
draft the orders of the Court and get them authenticated so
they can be sent to the prison. If it is a complex matter, you
might sit with the judge in chambers and work through the
legal issues together.
Volunteering opportunities at the Asylum Seeker
Resource Centre Human Rights Law Program
The ASRC Human Rights Law Program accepts volunteers
in their final or penultimate year of law school who can
commit to one full day a week for 12 months. Law students
can expect to undertake file management, research and
administrative tasks.
The ASRC Human Rights Law Program offers a fantastic
internship program over the holiday periods. We offer a
minimum 2-month, full time internship program. To be
an intern with the ASRC Human Rights Law Program you
must already volunteer with us.
My advice to people who want to become associates is
to tailor your application carefully to the individual judge.
Judges take mentoring very seriously. They tend to choose
people who are interesting and passionate about their area
of the law. The good thing about this is that, unlike some
firms, judges don’t choose corporate robots with excellent
marks and the personality of a kitchen sponge. Find out
what your judge cares about and focus on having interesting
extra-curricular activities that are linked to that work. In my
building we have a former professional cellist, a computer
scientist and champion gymnast. So go and volunteer
inside a prison, work for women’s shelter or write a thesis
on an area the judge works in. It is common for people
with excellent marks to be overlooked for people with
interests in common with the judge (including at least one
Collingwood supporter). I encourage you to call the current
associate of the judge you want to work for and see when
they are hiring. I know I am always happy to have coffee
with students who call our Chambers asking about what it
is like to be an associate.
Students can also apply to volunteer for a range of other
ASRC Programs (non-law related)
How to apply
On a regular basis the ASRC will list on the website a call
for applications for specific programs. http://www.asrc.org.
au/get-involved/give-time/
The ASRC also runs several evening information sessions
throughout the year where prospective volunteers have the
opportunity learn who we are and what we stand for and
the kind of work we do. Applications will then be taken
following these information sessions.
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115
Perspective: Careers outside the Legal Industry
Career Services offered by the LSS
By Peter Li
Analyst, Bank of America Merrill Lynch
By Jemima Roe
Director of Careers
sales, amongst various other projects.
What is your advice to law students who want to
pursue a career in this area?
Where do you work and what is your role there?
Whilst competition for roles is tough, it is a genuinely
rewarding career worth pursuing. A background in law is
valued and a large number of our bankers have previously
studied or practiced law.
I currently work as an Analyst in the Corporate Advisory
division at Bank of America Merrill Lynch. Within this
division, I am in the Diversified Industrials team. Here I help
advise large corporations in industries such as transport,
education, industrial products, and manufacturing.
As an Analyst, you work with experienced, highly intelligent
and motivated people who are happy to go out of their
way to mentor you. You are entrusted with significant
responsibility early on and have the opportunity to
communicate with senior business managers, partners and
CEOs. The work you are exposed to is always challenging
– otherwise your client wouldn’t have hired you in the first
place!
My role is to primarily help advise large corporations
on planning and executing their strategic growth plans.
This is done either through acquiring other corporations
(commonly known as ‘mergers and acquisitions’), or
through raising funds (commonly known as ‘capital raisings’
and include debt and equity).
How did you progress into that role after
graduating from university?
It is important to have strong grades, especially in subjects
that are commercially relevant. It is also important to reach
out and meet people in the industry in order to gain an
understanding of what we do.
At Monash I studied a double degree in Law and Commerce
with a major in finance. Similar to those who clerked at law
firms, I originally joined Bank of America Merrill Lynch
as an intern at the end of my penultimate year. I really
enjoyed my experience with the firm and was lucky enough
to be invited back to start work as a Graduate Analyst upon
graduation.
Whilst it is beneficial to have good grades, partake in cocurricular activities and have relevant work experience, it
is most important that law students demonstrate that they
are highly motivated, able to learn quickly, willing to work
hard and have a genuine interest in business, finance and
economics.
What does a typical day at work look like for you?
This may sound very cliché, but there are no two days that
are the same. This is something I thoroughly enjoy as I am
constantly exposed to new experiences. One day I may be
working on a presentation for a large listed company to be
released to the ASX, whilst other days I may be taking a
step back and listening in on client calls where I hear my
managers discuss with CEOs on how to best proceed on an
M&A transaction.
What is the highlight of your experience working
in this area?
it may be intimidating and weird at first, the only way to
improve is to practise.
T
he Monash LSS offers a wide range of careers services
to assist students find and prepare for their ideal career.
The LSS is committed to providing information about
the diverse range of post-law school career paths to help
students choose a career that best suits their interests and
experiences.
Everything LSS – get involved!
All LSS portfolios provide valuable opportunities to
contribute to your career development. Look out for
competitions to sharpen those real-world legal skills, social
justice and equity events to broaden your thinking, activities
subcommittees to develop organisation experience and
countless other events during the year where we will be
asking for people to get involved. The LSS also advertises
faculty and university run initiatives which will give you
even more experiences that contribute to your personal
and professional development, plus they often can be listed
on your CV. Aside from the careers benefits of getting
involved, you will also have heaps of fun and meet great,
likeminded people who will become good friends and study
buddies, not to mention they will probably become your
colleagues one day.
Seminars
The LSS hosts several information seminars per week
throughout first and second semester.. The majority of the
seminars are presented by commercial firms, who will usually
send a Human Resources representative and several lawyers
to speak to the students about the firm’s practice groups,
core values and tips for Seasonal Clerkship applications.
Other seminars feature Practical Legal Training providers,
law graduate employers such as in-house legal teams and
legal internship opportunities.
As always, the careers team and LSS committee are more
than happy to answer any and all of your questions, just
swing by the office or send an email to
careers@monashlss.com.
Seminars are useful because they provide in-depth
information about the type of work graduates will be
undertaking at that particular firm or organisation and
students have the opportunity to ask further questions.
They are usually followed by a barbecue, mock interviews
or other networking opportunities.
All the best for your career pursuits.
Publications
There are two key careers publications produced by the
LSS. The Careers Guide provides information and personal
insights into a vast range of post-law school career options.
Look out for it in early semester one. The Seasonal
Clerkship Guide is your go-to resource for everything
Seasonal Clerkships. Firm profiles, tips on writing your
CV, cover letters and applications and advice from those
who have been-there-done-that are all in one place. It is
published towards the end of Semester 1 and launched at
the Networking Evening.
Mock interviews and networking
I have had many highlights since joining Bank of America
Merrill Lynch. In July, I had the opportunity to travel to
New York for a month for graduate training. In addition to
receiving training from industry leading professionals and
developing my technical skills, I was fortunate enough to
meet and network with other Analysts and Associates from
around the world.
Throughout the year, there are a number of networking
opportunities where students can meet and interact with
representatives from firms and organisations. There is the
Networking Evening in first semester, primarily aimed at
penultimate students applying for clerkships, as well as
many sponsored barbecues and other informal events. Some
organisations will also run mock interviews on campus,
giving you the chance to get lots of practice and instant
feedback. It is never too early to start networking (personal
anecdote: a coffee meeting I had in second year turned into
a part-time job halfway through fourth year, definitely don’t
be shy to get started as soon as possible!) and, although
Other highlights include working on complex, large-scale
transactions with billion dollar companies. In the 11 months
I have been with the firm, I have already worked on a
demerger, a public market takeover and private company
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The Criteria for Being Admitted to Practice as a Lawyer
Applying for Clerkships
T
What is a clerkship?
The Need for Candour
o be able to practice as a lawyer in Victoria, you must
hold a current practising certificate (renewed yearly). To
be admitted as a lawyer to the Supreme Court of Victoria,
you need to satisfy the criteria outlined below.
Applicants should be aware that ‘honesty, candour and
frankness’ demonstrated in any disclosure is highly relevant
for the Board when determining present fitness. Full and
frank disclosure is absolutely essential.
Criteria 1: Approved Academic Qualifications
Recent cases demonstrate that the Court believes there is
an increasing expectation that any matters relevant to the
assessment of an applicant’s honesty should be disclosed.
As such, applicants should be careful and disclose anything
that relates to applicants’ dishonesty, disregard for law or
risk to consumers. If in doubt, err on the side of caution
and disclose.
Applicants must complete an approved academic law course
that covers the prescribed academic areas approved by the
Council of Legal Education (e.g. a Monash undergraduate or
postgraduate law degree). It is necessary to have graduated
from the academic course prior to applying for admission.
Criteria 2: Practical Legal Training
Applicants must also complete the Practical Legal Training
(“PLT”) requirements. There are two options for completing
PLT:
• Supervised Workplace Training (“SWT”)
• An approved PLT Course (see the PLT section)
To apply for an academic conduct report, visit:
http://www.law.monash.edu.au/cur rent-students/
applying-for-academic-conduct-report.html
Note: This is intended as a brief guide only. For full
admission rules, students should consult the Legal Profession
(Admission) Rules 2008 (Vic) and Legal Profession Act
2004 (Vic).
Applicants must have completed their academic course with
results published indicating the passing of the requirements
before commencing a SWT or PLT course.
More information about Supervised Workplace Training
and Practical Legal Training can be found later in this Guide.
Please
see
http://www.liv.asn.au/PDF/LIV-YoungLawyers/2013_YL_TraineeshipsClerkships_Signatories_
Nov2013.aspx for a list of signatories.
Clerkships are basically internships at law firms that run
for roughly three to six weeks depending on the firm.
Generally, firms run summer and winter clerkships. For
many students, they offer a valuable firsthand insight into
the daily inner workings of a law firm. During a clerkship,
you may be required to undertake legal research, draft letters
and memorandums, attend court or otherwise apply your
legal skills to a real life professional setting.
How do I apply?
Most firms require you to apply through CV Mail. CV Mail is
an online system that streamlines the application process by
allowing you to create a ‘profile’ and upload your academic
transcript, CV and other relevant documents so that they
are easily accessible by the recruiting law firm.
It is also important to note that many of the larger firms
offer graduate positions exclusively to their pool of clerks.
By the time graduate applications roll around, you may have
already built a relationship with a particular firm you clerked
at and therefore be at a competitive advantage when it
comes to securing a graduate position with them. However,
missing out on a clerkship is not the end of the world –
some law firms do allow those that have not completed
clerkships at their firm to apply for graduate positions.
Every firm’s application process is different – some firms
ask additional questions that require extended responses, so
it is highly recommended that you check the questions far in
advance and plan your answers. Similarly, cover letters should
be tailored for each individual firm and it is recommended
you start these before the application opening dates. It is a
good idea to investigate the key practice areas of the firm
you are applying for and some of the recent matters it has
worked on before writing your covering letter. This way you
can better demonstrate in your covering letter that you are
interested in that particular firm and that you are aware of
the type of work that it does.
Why should I apply?
Undertaking a clerkship can help you determine what type
of firm or area of law you want to pursue a career in, if at all.
They are also a great way to network and build professional
relationships in the law.
If you proceed to the next round, you may be asked to
attend an interview as well as more informal networking
sessions such as cocktail evenings. You should use these
opportunities to showcase your personality and character
beyond what is apparent from your CV or academic
transcript.
It is also worth noting that there are limited places and
clerkships may not be for everyone (e.g. for those who want
to work outside the law). The process is highly competitive
and time-consuming, so it is a good idea to do some research
on the firms beforehand to find out which ones genuinely
interest you.
Criteria 3: Suitability
Applicants must also satisfy the Board of Examiners
(“Board”) that they are a fit and proper person to be
admitted to practise, providing the following materials:
• An affidavit of disclosure
• Two affidavits as to character
• A criminal record check
• Academic conduct reports from each tertiary institution
or PLT provider at which the applicant has studied
If you would like to practice your interview technique or
have your CV reviewed, the Monash LSS runs a number
of ‘mock interviews’ before the clerkship process officially
begins. More information about these services can be found
on the LSS website or by contacting careers@monashlss.
com
Who can apply?
Law students in their penultimate year (i.e. second last
year) or final year can apply. If you are unable to apply in
your penultimate year due to exchange or some other valid
reason, firms may be flexible and allow you to apply in
your third year , but it is advisable to check with the firm’s
Human Resources team first.
Disclosure requirements
The Board may take into account the following factors
when determining whether someone is ‘fit and proper’ to
hold a practising certificate, including, among other things:
What are the specific dates?
Consult the Guideline for specific dates at http://www.
liv.asn.au/PDF/LIV-Young-Lawyers/LIV-SeasonalClerkship-Guidelines-2014.aspx. This is updated every year.
Signatory and non-signatory firms
• Findings of guilt of an offence in Australia or overseas
• Mental impairment, including alcoholism or drug
dependence
• Academic or general misconduct
• Good fame and character
• Insolvency
• Any current unresolved complaint, investigation, charge
or order
• Any current or previous involvement in a disciplinary
action in Australia or a foreign country
• Complete candour and disclosure
Always check if the firm you are applying for is a signatory
to the Law Institute of Victoria (LIV) Seasonal Clerkship
Guidelines (Guidelines). Signatories must follow the
Guidelines, which set out the application open and closing
dates and how long clerkship offers can be held for. Nonsignatory firms do not have to follow these Guidelines, so if
you are applying at one of these firms you should first check
their clerkship and recruitment policy on their website.
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For a more comprehensive guide to the clerkship process, please consult
the most recent Monash Law Students' Society's Seasonal Clerkship
Guide.
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Law School Road Map
Traineeships and Practical Legal Training
This is a suggested guideline that you may help you make the most of your law degree. Keep in mind that everyone’s law school experience is unique
and by no means has to look like this – this is here to hopefully help inspire some ideas for those who have no idea where to start!
What is a Traineeship?
FIRST YEAR
•Orientation, go to Law Camp
•Participate in the First Year Moot
•Consider applying to volunteer at the Monash Oakleigh Legal
Service or other Community Legal Centres
A traineeship is basically a graduate position that you
undertake in the year following graduation (prior to 2009 it
was known as articles). It generally runs for 12 months and is
one pathway that law graduates can take to become admitted
to practice as lawyers in Australia.
This is possible because most traineeships contain a
‘Supervised Workplace Training’ (“SWT”) component of
the Practical Legal Training (“PLT”) course.
What are the specific dates?
SECOND YEAR
•Consider applying for exchange for third year
•Gain some part-time work experience (see Monash Careers
Gateway)
•Participate in the General Moot, Negotiations Competition,
Witness Examination Competition etc.
THIRD YEAR
•Go on exchange or study abroad
•Choose law electives that interest you and start to develop your
own personal areas of interest (whether in the law or not)
Consult the Law Institute Victoria Traineeship Guidelines
2014 (Traineeship Guidelines) for updated dates. Generally,
applications open in July.
What other options are there?
You do not have to have a graduate position to obtain a
legal practicing certificate. For those that wish to pursue
careers outside the law, have not yet attained employment
or simply want to become admitted, PLT is a viable option.
By completing an approved PLT course, you can meet the
requirements of admission to legal profession. These are
available at approved PLT providers:
• Leo Cussen Institute
• The College of Law
• Australian National University
FOURTH YEAR / PENULTIMATE YEAR
•Consider applying for clerkships and/or other internships
•Attend networking evenings and the LSS Careers seminars
•Consider potential career pathways
FIFTH YEAR / FINAL YEAR
•Apply for graduate positions (whether it be traineeships etc)
•Consider applying to PLT providers
•Prepare to graduate!
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Pratical Legal Training (PLT) Providers
Reflections of a Recent Law Graduate
What is College of Law?
By Alicia Simonds
Monash Law Graduate 2013
Herbert Smith Freehills
where I studied interesting law electives such as Aerospace
Law, met a diverse range of students and exploited many
domestic flights to London, Paris, Italy, Spain and beyond.
It was only two months ago that I had the sweet pleasure
of walking out of my last ever university exam and earning
the title Monash Law Graduate. Apparently this title is
supposed to bestow upon me a wealth of wisdom on how
to get the most out of a law degree and achieve “success”
as a Monash law student. But having studied alongside
Monash law students from a diverse range of backgrounds,
combined degrees and personal interests, in combination
with the breadth of opportunities Monash University offers
its students, it is clear that there is no typical Monash law
experience or Monash law graduate. So in my attempt to
encapsulate and evaluate my 6 years of Arts/Law, I have
come up with a bucket list of things to do before your time
as a student is up.
Join a Club or Society
Cussen instead of the PTC.
The College of Law is a body that offers the Practical Legal
Training (PLT) course. It is the largest provider of the PLT
course in Australia.
PLT at College of Law offers 3 components to complete:
• Coursework component;
• Continuing professional education component; and
• Legal work experience component
For further information on the Traineeship Program
contact:
Phone: 03 9602 3111
Email: ptcadmin@leocussen.vic.edu.au
Website: www.leocussen.vic.edu.au
What about ANU?
Each component must be completed before receiving your
Graduate Diploma of Legal Practice and seeking admission
as an Australian lawyer. The program is largely conducted
online, with access to a wide range of learning resources
and the support of teaching staff, as well as face-to-face
exercises to apply your learning.
Australian National University (“ANU”) offers an ANU
Legal Workshop that provides Practical Legal Training
(“PLT”), where upon completion you will receive a Graduate
Diploma in Legal Practice (“GDLP”).
This is Australia’s largest university-based practice program
and another avenue that may allow you to practice in
Victoria. Keep in mind that ANU is situated in Canberra,
ACT. It is recommended that you check with the Law
Institute of Victoria that you will be able to be admitted in
Victoria upon completion.
Through the College of Law, you are given up to 4 years to
complete the relevant components. Multiple start dates are
available to give you greater flexibility. There are also fulltime or part-time study options.
However, if you are undertaking a traineeship with a law
firm, you will undertake the ‘trainee program’ offered at
the College instead of the PLT. Both options achieve the
same qualification, however one program is tailored by
the relevant law firm to its requirements, while the other is
delivered and assessed by onsite and online modules.
The first part of the program involves the ‘Becoming a
Practitioner’ 5-day intensive conducted at various locations,
and then the 18-week ‘Professional Practice Core’ whereby
students learn in virtual firms with their own practice
mentors to guide them through legal practice issues and
activities. There is also a placement component, as well as
elective coursework.
College of Law Enrolments Office:
Phone: 1300 856 111
Email: enrolments@collaw.edu.au
http://www.collaw.edu.au/
There are also various options available for legal practice
work experience and placements. The GDLP is flexible and
can be completed in five months to three years.
What is Leo Cussen?
For further information:
Phone: 02 6125 4463
Email: lwsa@law.anu.edu.au
http://law.anu.edu.au/legalworkshop/gdlp
Leo Cussen is an independent, not-for-profit centre that
also offers a Practical Training Course (“PTC”) that enables
admission to the legal profession in Victoria.
The PTC can be taken onsite or online, with the online
program requiring substantial face-to-face contact. The
program includes 24 weeks of training and a 3-week
professional placement component. Leo Cussen has two
intakes a year in January or July.
Another way to provide some variety to your studies and
meet new people is to join a Club or Society, of which
Monash University has an abundance. I spent two years on
the Monash Law Students’ Society where I was not only
involved in publications, social events and Law Faculty
committees, but made friends with many students who will
be my work colleagues for many years to come.
If you’re able to tick off these experiences at the Monash
Law School you’ll also place yourself in good stead when
it comes to applying for casual jobs, paralegal positions,
seasonal clerkships and graduate law positions. These
experiences, along with the confidence and communication
skills you will gain from them, will be noticed by potential
employers who have already seen your academic transcript
and just want to see whether or not they can work with you
in a professional social environment everyday of the week.
Play Dress Ups at Law Camp
Don't be mistaken, this is not your typical high school camp
with compulsory hikes and ropes courses that test your
agility and mental capacity. This is all about meeting the
people you're going to spend the next 3 to 6 years of your
life with over a few drinks in conversation starting costumes.
That being said, University is not only about setting yourself
up for a job. It is probably the last prolonged period of
your life where you can sleep in, brunch with friends, lie on
a beach for three months over summer, backpack across
Europe and test the waters of the adult working world
before diving in head first ahead of your competitors as a
Monash Law Graduate.
Ask Silly Questions in the Student Tutorial
Program
Studying at University is not the same as high school.
The lecturers will stand at their lecterns whizzing through
PowerPoint slides and tutors will dot point answers
assuming you're up to date with the Reading Guide. Get a
head start by attending the Monash Law Students' Society
tutorials, which are run by fellow students who have done
the leg work and achieved High Distinctions so they’re full
of insider tips and tricks, especially when it comes to exam
preparation.
Suit Up for Law Ball
The main social event of the year, it is definitely worth
lining up for in the wee early hours of the morning in your
animal onesie. Usually held in September at the Peninsula at
Docklands, the night is a glamorous affair over two courses,
flowing drinks, multiple DJs, photobooths and the after
party.
Successful completion of the PLT entitles you to apply for
admission to the legal profession as an Australian lawyer,
and you will also receive a Graduate Diploma in Legal
Practice.
Jet Set Overseas
Monash University is renowned for offering combined
degrees, which often equates to five or more years spent at
University. An exciting way to break up this study rut is to
enrol in a semester of study at an overseas University. I was
fortunate enough to spend a semester in The Netherlands
Alternatively, if you are undertaking a traineeship with a
law firm, you will undertake the ‘Traineeship Program’ (also
known as ‘Supervised Workplace Training’) offered at Leo
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MONASH LSS