1. law, govt and politics

THE 2015 MONASH LSS
LAW GUIDE
MONASH
EST. 1964
Acknowledgements
Geerthana Narendren
Director of Education
Rebecca Torsello
Publications Officer
Elissa Young
Lynette Dong
Shuxi Wang
Publications Subcommittee
THE 2015 MONASH LSS
LAW GUIDE
Contents
Editorial
Dean’s Address
President’s Address
- PART ONE: STUDYING LAW How Should a Law Student Study?
The 2015 Curriculum and Course Guide
What Would I tell my First Year Self?
Finding the Inside Lane: How to Get Ahead in Law Studies
Tips for Law Assignments and Legal Research
Tips for Law Assessments and Exams
What Extra Resources are Available?
Student Tutorial Program and Subject Revision Seminars
Exam Skills Seminar
First Year Crash Course
The PASS Program
Study Support from the Law Library
Resources for International and Exchange Students
What if Things Don’t Go to Plan?
Time Extensions, Exam Deferral and Special Consideration
Failed Assessment
Student Perspective: Turning Things Around
Academic Performance Review
Plagiarism and Collusion
Faculty Disciplinary Committee
Where Can I go for Support?
Coping with Stress, Anxiety and Depression
Student Perspective: Coping with Stress, Anxiety and Depression
LSS Health and Wellbeing Initiatives
Disability Liaison Unit
- PART TWO: CHOOSING MY ELECTIVES Competition Law
International Laws of Armed Conflict
Parents, Children and the State
Legal Philosophy
Public Policy, Regulation and the Law
Taxation Law and Advanced Taxation Law
Construction Law
Media Law 2
International Refugee Law and Practice
Succession Law
Lawyers, Literature and Cinema
Non-Adversarial Justice
- PART THREE: GETTING THE MOST OUT OF MY DEGREE Practical Legal Education
Clinical Education Units
Student Perspective: Professional Practice
Student Perspective: Family Law Assistance Program
Negotiation and Conflict Resolution
Student Perspective: Negotiation and Conflict Resolution
Trial Practice and Advocacy
Student Perspective: Trial Practice and Advocacy
Volunteering Opportunities: Model United Nations
Volunteering Opportunities: Community Legal Centres
Volunteering Opportunities: Prison Education Legal Assistance
Volunteering Opportunities: Castan Centre In House Internship
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International Study
Study Abroad Opportunities
Student Perspective: University of Ottawa, Canada
Student Perspective: the Prato Program
Student Perspective: the Malaysia Program
Building your Legal Skillset
Mooting
Intervarsity Mooting
First Year Moot
Student Perspective: First Year Moot
General Moot
Student Perspective: General Moot (Junior Division)
International Humanitarian Law Moot
Student Perspective: International Humanitarian Law Moot
Student Perspective: Mooting and Advocacy Elective
Student Perspective: the Annual Willem C. Vis International Arbitration Moot
Skills Based Competition
Skills Based Competition: Mergers & Acquisition
Skills Based Competition: Client Interview
Student Perspective: Client Interview
Skills Based Competition: Negotiation
Student Perspective: Negotiation
Skills Based Competition: Witness Examination
Student Perspective: Witness Examination
Skills Based Competition: Paper Presentation
Student Perspective: Paper Presentation
Monash Association of Debaters
The Monash University Law Review
LSS Social Justice and Equity Initiatives
Leadership Opportunities
The High Academic Achiever’s Program
The Ambassador Program
Vice Chancellor’s Ancora Imparo Program
The Peer Mentor Program
Just Leadership Program
Further Study
Research Units
Honours Program
Student Perspective: Honours Program
Master of Laws
Master of Laws Elective Program
Perspective: Further Study
Social Activities
LSS Social Activities
- PART FOUR: FROM UNIVERSITY TO CAREER Career Services offered by the LSS
Careers in Social Justice
Perspective: Careers in Commercial Law
Perspective: Career at the Bar
Perspective: Government
Perspective: Consumer Action Law Centre
Perspective: Asylum Seeker Resource Centre
Perspective: Public Policy
Perspective: Judge’s Associate
Perspective: Careers outside the Legal Industry
The Criteria for being admitted to Practice as a Lawyer
Applying for Clerkships
Traineeships and Practical Legal Training
Reflections of a Recent Law Graduate
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Editorial: How to Use this Guide
Dean’s Address
By Rebecca Torsello
Publications (Education) Officer
By Professor Bryan Horrigan
Dean of the Faculty of Law
and Oakleigh legal services, student internships and
clinics, and other practical experiences.
Welcome to the Monash Faculty of Law to all of our new
students and their families! You are joining a worldclass law school with a proud history and demonstrated
record of excellence in teaching and research. We
educate lawyers for careers across the globe and
undertake research that makes a difference to Victoria,
Australia, and the world at large. As Dean of the Faculty
of Law, I am enthusiastic about also commencing this
journey with you in your first year of study in law. 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.
You will also have the opportunity to be taught by some
of the experts who write the leading legal text books,
advise 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.
Contents page, and it will take you to the appropriate
page in the Law Guide. External links to websites are
seen throughout the guide, and will redirect you to
opportunities for more information.
Welcome to the 2015 Monash Law Guide and
congratulations on your admittance to Law. Beginning
university can be overwhelming and exhausting; there
will be information flown at you from all corners;
lecturers, tutors, the LSS, other students, faculty emails,
that it can all be a bit too much. The Law Guide was
created for the purpose of consolidating this information
and making your transition into university life, and
Monash Law, a smooth and stress free one.
Not only will the Law Guide help you navigate your first
year, but it is a handy resource to keep with you for the
entirety of your degree.
I would like to thank Elissa Young, Lynette Dong and
Shu Xi for their hours of research and contribution to the
Law Guide. Putting together the Law Guide is a massive
task, and it could not be done without the hard work
and support of these girls. The Law Students’ Society
would 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.
The Law Guide is a 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. Of
course, we cannot cover everything you need to know,
but we hope it can provide you with some knowledge and
inspiration needed to make your time at Monash Law the
best years of your life.
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, Australia, and
across the globe. As the Faculty of Law celebrated its 50th
anniversary last 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. 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 printbased 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.
We welcome you to the community that is the Faculty of
Law, for what we hope and trust 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 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
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.
To navigate the pages, click on each heading in the
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President’s Address
By Jemima Roe
Monash LSS President 2015
The 2015 Education Portfolio have worked extremely
hard to bring you such a wealth of accurate and relevant
information which will continue to be useful throughout
your entire law degree. I would like to congratulate and
acknowledge the tireless work of Geerthana Narendren
(LSS Director of Education 2015), Bec Torsello (LSS
Publications (Education) Officer 2015) and the entire
Education Sub-Committee.
On behalf of the Monash Law Students’ Society
(Monash LSS), it is my great pleasure to welcome you
to second annual edition of the Monash Law Guide.
This Guide 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 provided by the LSS. In the longer term,
this Guide offers valuable career advice and insight into a
range of pathways to law graduates.
Further, the publication of this Guide could not have
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
in 2015. Universities across Australia envy the strong and
ongoing relationship between the LSS and the Monash
Law Faculty, with our students reaping the benefits of this
partnership throughout their degree.
During your time at Monash Law School, you will be
provided with a plethora of opportunities to apply your
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.
I strongly encourage you to read this Guide in detail and
use it to arm you with the information you need to tailor
your degree to your own individual goals. The skills you
learn, experiences you have and friends you make whilst
studying law at Monash will last well into your career,
whichever direction you choose to take.
At times there will be challenges and bumps in the road.
This Guide is intended to ease you through these tricky
periods by providing you with information on where to
find assistance and advice, including comments from
students who have encountered the same difficulties.
The Guide serves as one of the best resources available
for clear insight 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
undoutably 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 (hint: a law degree alone
is not enough!) and some information regarding noncommercial career options. Importantly, the Guide
includes several profiles from current law graduates
discussing which opportunities at Monash they seized
upon, and how that has facilitated the transition into
private practice.
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PART ONE:
Everything you need to start
studying law; what resources
are available, what if things
don’t go to plan and what
support is available.
STUDYING LAW
Monash Law Guide 2015
Part 1: Studying Law
The 2015 Curriculum
From 2015, the Monash Faculty of Law will begin to
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.
• Among the nine elective units for a double degree (or 15
for a straight law degree), students will have to complete
a compulsory commercial law elective from a prescribed
list of units, and a six credit point research elective unit
from a prescribed list. This may include an Honours
research project, Research Practicum or a Mooting unit.
• 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 1 unit while the criminal procedure
content will be moved to the new Criminal Law and
Procedure 2 unit. Both units will no longer form a direct
sequence, with Criminal Law 1 becoming a first year unit
and Criminal Law and Procedure 2 being relocated to
later in the course.
• Civil Procedure and Lawyers’ Ethics and Society will be
revised to Litigation and Dispute Resolution and Lawyers’
Ethics in Practice respectively.
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 new LLB (Hons)
will be introduced 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.
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.
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.
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% bonus mark for the
purposes of calculating your weighted average mark.
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. However, there will
be some changes on the calculation of the LLB Honours
grades from 2016. See full details on here.
The merit system for awarding Honours will be retained
for a reasonable period for students who have enrolled
Below is a course map for a 5 year BA/LLB (Hons) degree
under the new curriculum.
Year 1, Sem 1 Foundations Of Law
Year 1, Sem 2 Public Law
and Statutory
Interpretation
Year 2, Sem 1 Contract A
Year 2, Sem 2 Contracts B
Year 3, Sem 1 Corporations Law
Year 3, Sem 2 Property B
Year 4, Sem 1 Law Elective
Year 4, Sem 2 Administration Law
Year 5, Sem 1 Evidence
Year 5, Sem 2 Litigation and
Dispute Resolution
Criminal Law 1
Arts Unit
Arts Unit
Torts
Arts Unit
Arts Unit
Property A
Arts Unit
Arts Unit
Constitutional
Law
Equity
Arts Unit
Arts Unit
Arts Unit
Arts Unit
Commercial Law
Elective
Law Elective
Arts Unit
Arts Unit
Arts Unit
Arts Unit
Trusts
Law Elective
Law Elective
Criminal Law
Law Elective
and Procedure 2
Lawyers’ Ethics in Law Elective
Practice
Law Elective
Will the Curriculum Review affect existing
students?
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 existing LLB degree and
will be given a reasonable time to complete their studies
before the old LLB degree is phased out. 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.
What is changing in the new curriculum?
The following is a summary of some of the proposed
changes to be introduced as part of the new LLB (Hons)
degree.
• Unit sequencing will be more circumscribed for the first
two years, meaning that certain units will be arranged
Can existing students still get Honours?
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
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Law Elective
Arts Unit
Arts Unit
Research Unit
Monash Law Guide 2015
Part 1: Studying Law
What Would I Tell My First Year Self?
By Kirsti Weisz
Third year Arts/Law student
For those who know they want to become a lawyer or
want to see if law is the right fit for them, volunteer work
is a great avenue. Monash offers several projects such
as the Prison Legal Education and Assistance (PLEA),
Monash Oakleigh Legal Service (MOLS) and the Family
Assistance Program (FLAP). For the first three years of
your law degree, MOLS is a great advice-program for
students to apply for. Volunteer work allows students to
meet people in the industry and gain confidence in their
practice of the law. Looking back now, I recommend you
become involved as soon as possible with this opportunity
because it delivers experience and a step into the door.
S
o once again you are at the bottom of the food-chain,
caught in a whirlpool of pathways and opportunities. It
may feel like you are drowning in decisions needing to be
made but no matter what course you choose it will lead
you to great places.
It has taken me three years to understand how to keep
afloat. Law is a different playing field to Year 12, it is not
just about one result but the pathway you want to choose.
In first year, I continued to study in isolation and focused
on the result. While results are of course important, you
should still be aware of what you want to take from this
degree. Studying law doesn’t just mean you will become
a lawyer or a barrister. It could mean you become a
speech writer, settlement clerk, research assistant or one
of the employment opportunities listed on the Law career
options factsheet (find it here)
Besides looking for paralegal jobs, applying for a
clerkship and being involved in the UN Model, it is also
a good idea to watch out for Law Students’ Society (LSS)
opportunities. Involvement in the committee provides
leadership and organisational skills which will be useful
in any chosen career.
If you are unsure about your pathway, a good opportunity
is to get involved in the First Year Moot competition. This
can test your research skills, formation of legal arguments
and public presentation skills. It’s also a way to meet
people who are equally as confused and flustered by the
myriad of decisions.
The Barrister Shadowing Program is another chance for
students to gain experience through observing the daily
life of a barrister. Paired with a barrister in a particular
field of law, students are sometimes given a chance to go
beyond observing and assist in researching and drafting
memoranda of argument. I found that this allows you
to gain a practical understanding of concepts learnt at
University while becoming acquainted with the court
system.
You’re most likely used to everyone reminding you how
hard law is going to be but it opens many pathways to
wade through and eventually, when it’s your turn to
look back, you will hopefully appreciate the exciting
opportunities the degree brings.
First year is about acclimatising. While law is not easy
and will test you in new ways, perseverance and an open
mind will ensure you maximise your learning experience
at Monash Law.
Finding the Inside Lane:
Getting Ahead in Your Law Studies
By Patricia Hughes
Learning Skills Advisor
(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:
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).
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 notetaking 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).
• 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
Travelling overseas is another opportunity to seize while
you are studying through internships or the student
exchange programs. To list just a few, students can study
in Prato, Malaysia, South Africa and Israel. From my
experience, it is beneficial to be aware of this opportunity
from first year so you can consider your eligibility when
you want to take up the opportunity later in your degree.
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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 subheadings 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 below). Your own summaries are better
than anyone else’s – they show your understanding in
your own 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).
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).
Hit the front by showing initiative
• Prepare for lectures (see above).
• 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
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Monash Law Guide 2015
issues – start practising!
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’ –
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.
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.
• 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.
16
Part 1: Studying Law
• 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.
Doing the sprint events (aka exams)
• 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?
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
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!
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 (Macmillan, 2nd ed, 2011)
• Brogan, Michael and Spencer, David, Surviving Law
School (Oxford University Press, 2nd ed, 2008)
• Foster, Steve, How to Write Better Law Essays: Tools
and Techniques for Success in Exams and Assignments
(Pearson Education, 3rd ed, 2013)
• Macken, Claire Law Student Survival Guide: 9 Steps to
Law Study Success (Thomson Reuters, 2nd ed, 2010)
When in doubt, refer to the Law Library Guide (especially
the link to the ‘SurviveLaw’ blog, it’s great).
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
17
Monash Law Guide 2015
Part 1: Studying Law
Tips for Law Assignments and Legal
Research
Analysing the task
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.
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.
Brainstorming discussion points
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.
Finding resources
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.
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 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.
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-today 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.
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
18
database and LAWLEX is a great database for searching
legislation. All of these databases are accessible from
here (bookmark this address as you will be using it a lot
throughout your degree!).
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, 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.
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.
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.
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 that 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 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.
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
19
Monash Law Guide 2015
Part 1: Studying Law
Tips for Law Assessments and Exams
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 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 overlooking anything.
By Cameron Royse
Monash Law Students’ Society Tutor 2013
Most 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%.
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).
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.
Problem questions
How to answer?
When I sat down to my first year Contract Law exam
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.
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
IRAC is a good starting point and you’ll be expected to
use it in your first year law subjects, such as LAW1114
Criminal Law 1. 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!
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.
Over the last three years of 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
20
Tutorials
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.
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.
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.
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.
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:
• 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.)
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.
Not all subjects attach marks to tutorial participation/
assessment. However, those that do usually attach 10% for
‘general participation’. There may be a 10% mark attached
to LAW1114 Criminal Law 1 tutorials, which could
require you to do a tutorial presentation. In regards to the
tutorial presentations in Criminal Law, they are outlined
quite well by lecturers and tutors in the first few weeks of
semester and are fairly straightforward.
The ‘usual’ form of tutorial assessment is what can be
described as a ‘global mark’ for your overall participation
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.
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.
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.
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.
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.
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.
21
Monash Law Guide 2015
Part 1: Studying Law
LSS Student Tutorial Program and
Subject Revision Lectures
Exam Skills Seminar
What is the Student Tutorial Program?
What is the Exam Skills Seminar?
When does it start?
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.
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 and there is no need to sign up for the program
prior to attending the tutorials or revision seminar.
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 LAW1111 Foundations of Law
and LAW1112 Public Law and Statutory Interpretation.
Weekly tutorials are also run for all quasi-compulsory
subjects (such as Corporations Law and Equity),
excluding Lawyers’ Ethics in Practice.
How is each tutorial run?
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 [email protected].
Revision Seminars
In addition to weekly tutorials, the LSS also provides
a series of revision seminars for all core (excluding
Foundations of Law and Public Law and Statutory
Interpretation) and quasi- compulsory 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.
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.
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.
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.
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.
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 registered LSS members and present their LSS keyring
at the door.
22
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.
So you have just started your 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!
When does the Seminar run?
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.
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.
If you have any questions about the Exam Skills Seminar,
or any general questions about law exam preparation, feel
free to email [email protected]
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
23
Monash Law Guide 2015
Part 1: Studying Law
First Year Crash Course
The PASS Program
What is the First Year Crash Course?
By Amy MacKintosh
Monash University PASS Leader 2013
class sizes, usually of 12-16 students, mean sessions are
friendly, relaxed and unintimidating.
What is PASS?
How to sign up
When does the First Year Seminar run?
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?’ or ‘what is the best
way to stay on top of all my readings?’ then the First Year
Crash Course is for you!
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.
If you have any questions about the First Year Crash
Course, or if you have any general academic concerns feel
free to email [email protected]
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.
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 second half of the Crash Course is all about law
assignments and exams. Worried about how to write your
first law 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.
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!
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. In
2015, PASS is running in the Law Faculty for LAW1114
Criminal Law 1.
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 for the classes on
Allocate+. If sessions are full, you can contact a PASS
coordinator to be put on a waiting list.
To find out more information about PASS and to be
notified when to sign up for PASS on Allocate+, keep
checking the weekly Law Student Gazette, which is
emailed to you by the Law Faculty.
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 Criminal Law every week.
Session Structure
PASS leaders are all current law students who achieved
excellent results in Criminal Law. They organise and
facilitate the sessions, and as current students, provide
mentoring to their class.
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.
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.
PASS sessions are also a great place to meet new friends
and create support networks in your first year. The small
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25
Monash Law Guide 2015
Part 1: Studying Law
The Law Library - Helping Your
Learning
Ask for Help
By Kay Tucker
Law Library Manager
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
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.
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 with a librarian or learning skills adviser, 11am3pm Mon- Fri or via the Information point outside these
hours). We look forward to working with you during
2015.
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.
Look for seminars on these topics and book in via the
online Class Booking system on the Library tab of your
my.monash portal.
Resources for International and
Exchange Students
It can be daunting leaving home and settling down in a
pharmacy
new country. Fret not! The Monash Law Students’ Society
(LSS) have put together an ‘all you need to know’ guide
about studying at Monash and living in Melbourne! In
here, you will find information to guide you through your
first year of Monash Law.
The LSS office is located in the basement of the law library
so drop by if you have any questions or would like to meet
up the team and chat. We’re open from 10am until 3pm
on Monday to Thursday.
If you have any questions, just send our International
Student Representative an email at intrep@monashlss.
com and we’ll try our best to help you out! We also have
a community of International and Exchange students
on Facebook, so feel free to join the ‘Monash LSS
International Students’ Group! We’ll post up International
Student Events on that page as well!
Also be sure to like our Facebook page, available here, to
get the latest scoop on job opportunities and Monash LSS
organized events and Tutorial Programs!
Counselling appointments
Located in the first floor of 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 from 5pm – 9am
on 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
Monash University International Student Services
(MUISS)
MUISS is one of the largest international student
organisations in Australia and a division of the Monash
Students Association who advocates the interests, rights,
social and welfare of all international students enrolled at
Monash University, Clayton campus.
Located in the Campus Centre, Building 10, first floor
For more info please refer to Facebook page, found here.
Student Services
Law Faculty and Student Services
Located on the first floor of the law building!
Level 1, Law Building,
15 Ancora Imparo Way,
Monash University
Contact Information:
Phone: 1800 MONASH (1800 666 274)
Fax: (03) 9905 3350
Lodge an online inquiry here.
Research Skills
Research skills workshops and online tutorials are
run by Law library staff as part of your first year units,
Foundations of Law in Semester 1, and Public Law and
Statutory Interpretation 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
commentary, legislation and case law that you will need
throughout your degree and in the workplace.
Clayton Student Services
Hours of operations: 9.00am – 5.00pm (Monday – Friday)
Located in the Campus Centre, 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: Campus Centre, Ground Floor next to the
26
27
Monash Law Guide 2015
Part 1: Studying Law
Time Extensions, Exam Deferral,
Special Consideration
Time Extensions
key event.
Undergraduate
Students may apply for a short extension,
not exceeding two working days of the due date, for
submission of an in- semester assessment task. This
excludes class tests. 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.
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.
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 in-semester assessment task.
This excludes class tests and take- home exams and
extensions will generally not be granted for normal work
commitments or for several assignments being due at
once. Students should submit a Postgraduate Assessment
Short Extension 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.
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.
Special Consideration
Where students are unable to complete an assessment
piece or exam due to exceptional circumstances, they may
apply for Special Consideration.
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.
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.
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.
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;
• Obligations to military, jury or emergency services; and
• Demonstrated registration with Monash Sport’s athlete
support program where the student is participating in a
the exam, they may be able to apply for a rescheduling,
which can be due to an on-going disability or the
student’s circumstances causing the initial deferred exam
being unresolved.
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.
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.
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.
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.
Acceptable evidence includes:
• Record of hospital admission;
• Police reports; and
• Notification of obligations to emergency or military
service.
The student will be notified by the faculty of its decision.
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.
Rescheduling a deferred final exam or assessment
If students are unable to complete the assessment or sit
28
29
Monash Law Guide 2015
Part 1: Studying Law
Turning Things Around
Failed Assessment
Examination Feedback
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 copy
of the relevant exam script and engage in a process of selfevaluation 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.
Exam feedback information, click here. If a student is
dissatisfied following the exam feedback procedure, she/
he should refer to the Faculty Remarking Procedures.
Faculty Remarking Procedures
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.
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.
Further details on remarking procedures, click here.
Failing an Assessment
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.
You should:
• Make an appointment with the relevant Student and
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.
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.
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.
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.
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.
30
It’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.
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.
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
• Be healthy and well-balanced
• Breathe and keep everything in perspective
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!
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 helped me get back on track:
• Making the most of the resources available – consulting
my lecturer and tutor (they’re not scary!), preparing for
31
Monash Law Guide 2015
Part 1: Studying Law
Academic Performance Review
Students are required to demonstrate satisfactory course
• Explain issues that have affected your study;
• Explain why you want to continue your course.
• Include a detailed plan to succeed in the future
progression each year.
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.
You will have a stronger case if you explain your personal
situation and include supporting documents.
Preparing for an Academic Progress Committee
Hearing?
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 Dean 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.
After the release of Semester 1 results each year, students
deemed at risk of breaching academic progression rules
by the end of that year will be sent an early warning letter.
This letter 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.
Academic Progress Committee (APC)
After the release of Semester 2 results, students who
have not met the faculty’s rules for satisfactory academic
progress will be sent a Notice of Referral and Hearing
letter and will be required to explain their situation to the
Academic Progress Committee.
Received a Notice of Referral letter?
You must:
• Submit a timely reply;
• Remain contactable from December to March;
• Be available to attend a hearing before the Academic
Progress Committee if required.
Your reply should:
• Demonstrate that you understand why you failed;
You will receive a Details of Hearing letter if required
to attend a hearing. The letter will provide at least 3-5
calendar days’ notice of the hearing
Prepare yourself:
• Consider how you will make your presentation
• Practice what you will say
• Contact a Student Rights Officer
• Speak to a counsellor about managing emotions
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
• Plan to succeed in the future
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
Note: If you intend to bring someone with legal
qualifications, you will need to give the Committee five
days’ written notice. Independent advocacy, advice and
assistance may be obtained from Student Rights Officers.
Student Rights Officers (Clayton): 9905 3118 / 9905 3126
Monash Postgraduate Association: 9905 8166
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
32
International students who receive an early warning letter
must make a face-to-face appointment with the Student
Services Office to discuss an intervention strategy for
their academic progress.
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 Panel (EAP).
For more detailed information regarding Academic
Progress, please click here.
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.
More information may be found in Part 4 of the Monash
University (Academic Board) Regulations: http://monash.
edu/legal/legislation/current-statute-regulations-andrelated-resolutions/monash-university-academic-boardregulations.pdf
What if I am facing exclusion and did not respond
to the Notice of Referral and Hearing?
Such students may only apply to the Dean of the faculty
requesting a rehearing by the APC. This will be granted
where exceptional circumstances can explain the student’s
lack of communication.
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.
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.
Completion of other tertiary studies may also be sufficient
if the student has achieved satisfactory results.
International students
International students on a student visa are advised
that condition 8202 of their student visa requires that
they maintain satisfactory academic progress. Failure
to maintain satisfactory academic progress may place
students in breach of this visa condition. For further
information regarding student visa requirements, students
should contact Monash Connect on: +61 3 9902 6011,
click here.
33
Monash Law Guide 2015
Part 1: Studying Law
Plagiarism and Collusion
Faculty Discipline Committee
What is Plagiarism and Collusion?
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.
What is the Faculty Discipline Panel?
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.
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 Law
Faculty and provide evidence of the suspected breach.
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.
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
The Associate Dean may deal with the matter or refer it to
a faculty discipline panel to hear and determine. 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.
Effect on Admission to Practice
These are serious university disciplinary offences that may
affect your admission to legal practice.
How is Plagiarism and Collusion Detected?
Monash University’s plagiarism policy is committed
towards detecting plagiarism, including the use
of plagiarism detection software, as well as other
comparative methods.
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.
The student is then 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.
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 matters will be considered by the Board of
Examiners in assessing a candidate’s admission to
practice.
If, following the student’s response, the Chief Examiner
finds the student’s actions were a breach of academic
integrity, the Chief Examiner must decide whether the
34
• The student’s prior misconduct will not be considered,
unless the alleged misconduct is related to academic
integrity.
• 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.
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 the Dean of the faculty (or the chair of
the Law Faculty discipline panel), a member of the Law
Faculty’s teaching staff and a student of the faculty.
Anyone involved in the investigation of the alleged
misconduct cannot be part of the panel, and a student
may object to a panel member they reasonably believe to
be biased. The panel convenes to hear and determine a
report of misconduct.
Outcomes
The student will be asked to leave whilst the committee
confers and makes a determination of the outcome. This
is generally completed on the same day as the hearing
but this may be deferred if the committee is waiting on
additional information.
If the hearing has been deferred, then the student will be
asked to come back at a later date.
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 working days prior to the hearing 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, and written notice of
it must be given within 7 days of the 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, information about any
witnesses 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.
Appeals
Students may appeal against the finding and the penalty
or the penalty alone; or where the student admitted
misconduct, the penalty alone.
The chair of the FDP will ensure the hearing is conducted
fairly, and the proceedings will be flexible according 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.
During the hearing:
• The chair of the committee will read the charge to the
student. A background of the proceeding will be given, as
well as an explanation of the issues involved, the evidence
presented against the student and 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 appeal must be based on one of five grounds:
1.Reasonable apprehension of bias on the part of a panel
member;
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 that could not have been
reasonably made.
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 President of the Academic Board.
What are the types of penalties?
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Monash Law Guide 2015
Part 1: Studying Law
Depending on the charge, the penalty may vary.
Coping with Stress, Anxiety and
Depression
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;
• 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.
By Marc Janover and Susan Bullock
Monash Counselling Services
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.
For more detailed information about the Faculty
Discipline Panel, see Part 4 of the Student Discipline
Guidelines, on the Monash Policy website.
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.
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!
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.
Many law students find developing and/or maintaining
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.
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 for a free
counselling session can be made through the University
Health Services reception (Campus Centre ground floor):
• Drop in to make an appointment
• Call the University Health Services on 03 9905 3020 to
make an appointment
• Seek online counseling by clicking here.
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
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Monash Law Guide 2015
Part 1: Studying Law
Student Perspective:
Coping with Stress, Anxiety and Depression
LSS Mental Health Initiatives
By Gisela Nip
Final Year Law Student
enjoy law school or life to the full. It’s all about seeking
help when you need it and learning ways to cope.
By Sam Vasaiwalla
LSS Health and Wellbeing Officer
Unlike most parents, mine were not ecstatic when I
Here are my five tips for coping with law school,
particularly if you’re mentally more vulnerable:
t 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 the LSS, Faculty of
Law and University to assist students with managing any
mental health problems they might be facing.
announced that I would be going to law school. They
were concerned that law would be too stressful for me
to handle. Secretly, I shared the same concerns given
my anxiety and – as I found out later – depression, but I
was too proud to admit it. I also did not want my mental
conditions to hinder me from studying and eventually
practising law, which is something I’ve wanted to do since
my early teens.
1. Be organised – there is little worse for your mental
health than studying for an exam or completing an
assignment last minute!
2. Find a friend who gets it – sharing about struggles with
someone you trust is ridiculously cathartic.
3. Seek help – whether it is seeing a counselor,
psychologist or psychiatrist, get the help you need when
you need it. There is no shame in seeking professional
help; it was the best thing I did for my mental health.
The first year of law school was difficult. I became
very anxious as the weeks wore on; exams inevitably
exacerbated the situation. I was in tears almost every day
and experienced regular panic attacks. I barely slept, was
perennially tired, and oscillated between overeating and
not eating. I felt hopeless, and like I was never going to
be as good as my over-competent peers. I also engaged
in self-harm and withdrew from socialising, but I kept a
mask and pretended to be happy because I didn’t want
people to think I was weak.
4. Know when to work and play – taking breaks from
the stressful, competitive environment of law school is
vital. Go on a road trip, enjoy brunch, go shopping (my
personal favourite), exercise etc. I never thought I would
be preaching about exercise but 30 minutes of cardio
everyday is amazing for your physical and mental health!
I attributed all of these feelings to “being a law student”
and considered it to be a normal part of being in law
school. It wasn’t until around my second year of uni that
I took heed of my friends’ advice and visited a GP for a
referral to a psychologist. The psychologist diagnosed
me with anxiety and depression. The diagnosis came
as no surprise, as I have always been a pathological
perfectionist; however, I felt ashamed for being mentally
unwell. My visits to the psychologist became regular
and gradually, the shame of living with a mental illness
lessened as my psychologist helped me with my anxiety
and depression through non-medicinal methods.
5. Know your limits – make sure you only take on as
much as you can handle; don’t pile on a plethora of
commitments just to bolster your CV if you will suffer
because of it. Further, don’t be afraid to take on fewer
units per semester and prolong your degree. Full time
work is not as glamorous as it may seem; do what you
can to enjoy uni! It has taken me six years to complete my
Arts/Law degree and I regret nothing.
Years later, it is still a constant fight to not let the negative
feelings engulf and paralyze me. However, the silver
lining is that I have learnt to cope with it and now I use
my experience to empower others. I am in my sixth and
final year of law school and have been through it all:
exams; assignments; competitions; internships; clerkships;
volunteering; and this year, I am doing my Law Honours
Thesis on mental health. I want people to know that
having a mental illness does not mean that you cannot
Law school is tough, especially with a mental illness, but
you are not alone. I’m more than happy to chat about
what I have shared and can be contacted via gnip1@
student.monash.edu.
38
I
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.
If you have any questions about the LSS health and
wellbeing initiative, or would like to seek help or referrals
anonymously, please contact [email protected]
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.
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.
Health and Wellbeing Workshops
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
by visiting the Health and Wellbeing page on the Monash
LSS website.
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 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.
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.
More information about R U OK Day can be found at:
www.ruokday.com
World Mental Health Week Refreshment Stand
The 4th 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
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Monash Law Guide 2015
signs of stress and anxiety.
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.
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
committed to combatting the causes of depression and
anxiety in the legal profession.
Part 1: Studying Law
Disability Liaison Unit
What is the Disability Liaison Unit?
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.
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.
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. Last year, the
LSS was fortunate enough to host Cabaret Night,
which featured a popular production by BottledSnail
Productions.
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
• Equipment loans
• Exam arrangements
• Hearing loops
• Library and notetaking services
• Peer Mentoring program
For more information on these and other services, please
contact the DLU.
If you are interested in reading more of Tristan Jepson’s
story, or want to help the foundation, please click here.
How Do I Access These Services?
Students who wish to access these services must apply
through a registration process.
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.
• 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.
3. Attend the initial meeting:
• The Disability Adviser will review all the information
provided and discuss your requirements and explore
services available that may assist you.
4. Provision of Services:
• Services will be provided as agreed with your Disability
Adviser. Students are welcome to contact the DLU to
discuss their requirements at any time.
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.
Click the below links for further information:
Further Information
Regarding Registration Form and
Documentation
DLU Privacy Statement
DLU contact information:
Phone: 9905 5704
Fax: 9905 5517
Email: [email protected]
Building 55, Level 1
Clayton campus
Contact us via the website.
2. Arrange an appointment with a Disability Adviser:
• Contact the Disability Liaison Unit to make an
appointment;
• Phone meetings can be arranged;
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41
PART TWO:
It may be a few years away but
it’s never too early to have a
think about what electives you
should take!
CHOOSING YOUR
SUBJECTS
Monash Law Guide 2015
Part 2: Choosing Your Subjects
LAW4318: Competition Law
What is Competition Law and why study it?
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.
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.)
Competition Policy Review
The Competition and Consumer Act has recently
undergone its most significant review in 25 years. The
Review’s final report is due in March 2015. The review
has generated much debate about the policy objectives
of competition law and whether the law needs to be
changed to increase its effectiveness in promoting
economic objectives in a way that is clear and predictable.
Current controversies concern, e.g. the market power
of supermarkets and electricity generators and retailers.
The subject will cover relevant reforms resulting from
the Review and will equip you to appreciate the policy
objectives underlying the reforms and to understand the
scope and content of resulting changes in the law.
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.
LAW4199: International Laws of
Armed Conflict
By Maria O’Sullivan
Chief Examiner, 2015
War, 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.
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 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”.
“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?
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
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Monash Law Guide 2015
Part 2: Choosing Your Subjects
LAW4163: Parents, Children and the
State
Parents, Children and the State is a 9 week or 12 week
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.
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.
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.
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 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.
Each parenting 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.
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 Family Property and Financial
Disputes elective if offered.
46
LAW4137: Legal Philosophy
By Jeffrey Goldsworthy
Chief Examiner
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.
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.
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.
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 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.
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.
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Monash Law Guide 2015
Part 2: Choosing Your Subjects
LAW4537: Public Policy, Regulation
and the Law
By Eric Windholz
Unit Coordinator, First Semester 2015
H
ave 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.
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.
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 nongovernmental actors (e.g., business, unions and NGOs)
play in influencing the final shape of that action.
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. Finally, the Unit explores how the law
intersects with, supports and shapes, public policy and
the regulatory 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.
How will this Unit benefit students?
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.
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.
48
LAW4704: Taxation Law
LAW4322: Advanced Taxation Law
If you wish to pursue a career in commercial law,
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 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.
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.
The Law Faculty offers the following introductory
taxation law units:
• Taxation Law (LAW 4704) in the LLB (elective);
• Principles of Taxation (LAW 5350) 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.
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 4322).
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 4704). In other
words, you can study the two units together in the same
semester - you do not need to have completed Taxation
Law (4322) first, so long as it is undertaken at the same
time as you study Advanced Taxation Law (LAW 5152).
Please note that LAW4104: Taxation Law will contribute
towards your compulsory Commercial Law Elective. For a
full list of compulsory units, click here.
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
49
Monash Law Guide 2015
Part 2: Choosing Your Subjects
LAW4190/LAW4244: Construction
Law Units
LAW4140: Media Law 2
Construction Law – two electives for double the fun!
Media Law 2 deals with three topics: freedom of speech,
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.
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, and construction law is regularly listed as
one of the ‘hot’ areas in reports that look at recruitment
trends in the legal profession.
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). To get a better understanding of DAPs
you can watch this short video on You Tube.
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.
These two subjects are offered in alternate years. While
they can be taken in any order and students can choose to
do one or both subjects, the ideal is to do Principles and
Practice unit before the Dispute Resolution unit.
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.
The lecturer, for these units is Dr Paula Gerber, who 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. She is also the author
of the Best Practice in Construction Disputes: Avoidance,
Management and Resolution, which is the prescribed
textbook for the Dispute Resolution unit.
There are two construction law electives that look at
distinct aspects of construction law:
• LAW4190: Construction Law: Principles and Practice
• LAW4244: Construction Law (Dispute Resolution)
The Principles and Practice unit covers what is commonly
known as ‘front end’ construction law, that is, it examines
the construction contract and construction process
including tendering, risk allocation, variations, payments,
defective work and insurance. It is a highly practical unit
that includes a visit to a construction site. To get a better
idea of what construction law entails you can watch this
short animated video on You Tube.
These units will be amongst the most enjoyable, practical
and career enhancing subjects you will undertake whilst
at Monash!
The Dispute Resolution unit covers the ‘back end’
of construction law, that is, 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 unit argues that the same
approach should be taken to construction disputes, that
especially the importance of drafting pleadings carefully.
defamation and privacy.
Other relevant areas of the law offered at Monash include
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.
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.
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,
50
51
Monash Law Guide 2015
Part 2: Choosing Your Subjects
LAW4164: International Refugee Law
and Practice
By Maria O’Sullivan
Chief Examiner, Second Semester 2015
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 worldwide problem?
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.
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, 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.
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 ran a major international
refugee law conference in Prato involving academics and
practitioners from Australia, Europe and North America.
We analysed 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 Second Semester. I look
forward to seeing you then!
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 asylumseekers 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 out-dated. How can we interpret it to ensure that it
continues to provide protection to needy asylum-seekers
in a modern-day context?
• Can refugees be excluded from the Convention if they
are suspected of being a terrorist?
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
52
LAW4311: Succession Law
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.
Why do lawyers work in this area?
Succession law can be as nasty as family law but without
the 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.
The key issues covered in this subject are:
• The mental requirements to make a will. These were
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 are unhappy with a will, they 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.
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Monash Law Guide 2015
Part 2: Choosing Your Subjects
LAW4538: Lawyers, Literature and
Cinema
LAW4225: Non-Adversarial Justice
By Dr Eric Wilson
Unit Coordinator, Second Semester 2015
By Ross Hyams
Chief Examiner, First Semester 2015
The representation of Law and lawyers within
popular culture is one of the most important, but
underappreciated, dimensions of the legal profession, of
practice, and of the practical negotiation of legal ethics.
This is the only unit offered by the Law Faculty that
The ‘social status’ of the lawyer within the wider
culture is one of the dominant factors governing the
student’s decision to enter (or not to enter) law school.
Furthermore, the dissemination of judicial procedure and
dispute resolution through popular culture and the mass
media is one of the primary means of both enforcing and
challenging the legitimacy of Law and its practitioners
within the broader community.
Within the diverse representations of Law offered by
popular culture both literature and cinema are of special
significance.
provides an overall perspective of non-adversarial means
of dispute resolution. This unit complements and expands
upon the teaching of various alternatives to the litigation
process which are considered in other units. The unit
draws together common themes in dispute resolution and
conflict management for a broad range of subject areas.
This unit takes a radically different approach to the study
of law by focusing on forms of conflict management,
dispute prevention and dispute resolution outside the
adversarial system. It examines ways of lawyering and
employing non-adversarial, psychologically beneficial and
humanistic methods of solving legal problems, resolving
legal disputes and preventing legal difficulties.
(including Neighbourhood Justice Centres)
• Family Relationship Centres
• Drug courts
• Family violence courts
• Koori courts
• The Family and Federal Circuit Courts
• Royal commissions
• Administrative Tribunals
As part of their assessment, some students have the
opportunity to participate in a placement program at
external organisations The aim of this placement program
is to give participating students experience of actual
‘non-adversarial’ practices. Students are then expected
to produce a written assignment that addresses both
practical and theoretical insights into an issue relating
to non-adversarial justice. Direct experience of nonadversarial processes enriches the learning experiences of
participating students.
Theories of non-adversarial justice emanate from multiple
disciplines and include alternative dispute resolution (and
its component processes such as mediation, evaluation,
negotiation, conciliation and arbitration), participatory
justice, therapeutic jurisprudence, preventive law,
restorative justice, collaborative law, diversion, solution
focused courts, managerial justice and multi door
courthouse theory.
Literature, both ‘elitist’ (Kafka; Camus) and ‘popular’
(Thurow; Grisham) is one of the primary mediums for
the critical examination of legal reasoning and the nature
and ethics of practice within the wider culture, often
revealing subversive and confronting truths normally
suppressed by conventional legal education and training.
Cinema, along with television, is one of the leading arenas
for the formulation of the social consensus concerning
the nature of Law and lawyers, often artistically re-staging
the processes of legal reasoning and dispute resolution
so as to both critique and affirm the legitimacy of legal
culture. This unit will examine all of these issues through
a critical analysis and discussion of a number of the
seminal ‘texts’ within both the literature and cinema of
Law.
The assessment for this unit involves:
• Two reflective essays of 1000 words each (20% each)
• One extended essay of 3000 words (60%)
Note: class attendance and participation is mandatory.
This unit starts by critically evaluating our adversarial
legal system and how lawyers operate (and are perceived
to operate) within it. We then explore the nature of
non-adversarial justice, the various theories behind
the movement and the reasons for the perceived need
for non-adversarial processes. Students will be asked
to reflect upon the role the lawyers can and do play in
non-adversarial processes and upon the ethics of legal
practice in such circumstances. Role-plays, simulations
and various other classroom activities are used to assist
with gaining understanding in this area. The unit also
concentrates on how these theories are reflected in three
specific areas of law – family law, civil law and criminal
law.
Specific organisations and specialist courts are studied
and evaluated, including:
• Community justice and dispute resolution centres
54
55
PART THREE:
Studying is only a small part of your degree.
Make sure you get involved; be it with
practical legal education, improving your
skillset with competitions, exploring the
world, becoming a leader or studying further
GETTING THE MOST
OUT OF YOUR DEGREE
Monash Law Guide 2015
Clinical Education Units
• Criminal Law 1
• Public Law and Statutory Interpretation
• Torts
• Contract A and B
• Consitutional Law
• Property A
By Ross Hyams
Convenor Legal Practice Programs
The clinical legal education units enable students to work
with real clients and real cases at one of the Law School’s
two community legal centres. In this way, students
can put the knowledge learned in the classroom into a
practical context. They can learn vital skills relating to the
practice of law and provide an important service to the
community. There are three clinical units -
LAW4328: Professional Practice
LAW4803: Clinical Externship
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 centre.
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 half day session at the legal centre
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.
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.
The assessment for this unit involves:
• Practical legal service work (80%);
• Community engagement (20%);
• An ungraded SFR (Satisfied Faculty Requirements) for
fortnightly reflective journal entries is required to obtain
a pass in the unit
Prerequisites requiring completion prior to
commencement:
• Foundations of Law
Places in each clinical externship are strictly limited.
Therefore priority is afforded to students nearing the
completion of their degrees with a high level of interest
in the area. Clinical externship students are positioned at
external organisations and may be involved in different
tasks.
These include:
1. Sexual Assault Clinic - in conjunction with the South
Eastern Centre Against Sexual Assault (SECASA) at
Springvale Monash Legal Service (4 places, all clinical
periods) - legal services to victims of sexual assault.
2. Human Rights Clinic - in conjunction with the Castan
Centre for Human Rights at Holding Redlich, Solicitors
(2 places, Clinical Period 2 and 3) - 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.
3. Family Violence Clinic - assisting victims of Family
Violence (2 places, all clinical periods) - assisting victims
of family violence by 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.
4. JobWatch clinic- Students are based at Jobwatch, in the
city (2 places, clinical periods 2 and 3). Students receive
extensive training and support to give advice on the
telephone advice line in relation to various employment
law issues, and assist with legal education materials.
5. Monash/Ashurst Corporate Governance and
Responsibility Clinic - (4 places, semesters 1 and 2)
This clinic is open to students who have completed
58
Part 3: Getting the most out of your Degree
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 Dandenong to work with duty lawyers
on matters and to dedicate time to engage in research,
private preparations and consolations.
Corporations Law (LAW4171). Students participating in
this clinic will work with faculty members, practitioners
and corporations to provide advice on corporate
governance and social responsibility issues to not-forprofits and/or ASX listed companies.
6. Victoria Legal Aid Strategic Advocacy Clinic (2 places,
semesters 1 and 2) - Students participating in this clinic
will be partnered with a Public Defender or Advocate
from Victoria Legal Aid Chambers to work on a strategic
advocacy project that aims to facilitate change to benefit
the community, by remedying a legal problem, policy
or process. Students, working in pairs and under the
supervision of a Chambers practitioner, will research and
analyse a strategic advocacy topic and consider possible
remedies to address the problem.
Students develop 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 and
to hone 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 division, divorce and
making arrangements for children.
The assessment for this unit involves:
• Casework and performance (70%);
• 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 4328)
Prerequisites:
• Foundations of Law
• Criminal Law 1
• Public Law and Statutory Interpretation
• Torts
• Contract A and B
• Consitutional Law
• Property A
NB: Students intending to undertake the Sexual Assault
Clinic, Family Violence Clinic or JobWatch Clinic must
have completed LAW4328 (or LAW5216) or LAW4330
(or LAW5218). In other clinics preference for a placement
will be given to students who have completed these units.
Please note that this elective will contribute towards
your compulsory Research Project Unit. For a full list of
compulsory units, click here.
LAW4330: Family Law Assistance Program
(Professional Practice)
FLAP is a 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 is administered by Monash University and funded
by the Commonwealth Attorney General’s Department.
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
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Part 3: Getting the most out of your Degree
Student Perspective:
Student Perspective:
By Geerthana Narendren
By Dan Miles
FLAP Professional Practice student, First Semester 2014
Professional Practice
At the end of 2013, I decided to forego my summer
holidays and take up Professional Practice. Having
volunteered at Springvale Monash Legal Service (SMLS)
for a year and being convinced I ultimately wanted to
practice law, it felt like a natural fit.
My Professional Practice experience was undoubtedly
the most challenging but rewarding experience I have
had during my time at university. It is a steep learning
curve and overwhelming at first, especially if you have
never volunteered at a community legal centre. Even
with my year of experience I felt so underprepared when
I was initially given ten case files ranging from traffic
infringement matters, drafting a Will, preparing a divorce
application to varying a client’s community corrections
order. Fortunately, the supervisors and admin staff are
very supportive and always ready to help. By the end of
my time at SMLS, I felt confident in the work I was doing
for my clients and felt sad that the endless days I’d spent at
SMLS was coming to an end.
One of the greatest aspects of Professional Practice is the
opportunity to assist those in the community who may
not have the capacity to assist themselves. Most of my
clients were non-English speakers and some were dealing
with mental illness, poverty and domestic violence. As a
Professional Practice student, you will really have to let go
of your ‘text book’ mentality and remember that you are
dealing with real people and not a hypothetical law exam.
You have to consider the practical consequences of your
advice and what repercussions it will have for the client’s
family, their financial situation and emotional well being.
This may mean you consider alternative options that you
may not necessarily have considered when you’re learning
the theory at university. Nevertheless, I really enjoyed
the client-focused interactions and many Professional
Practice students will agree that taking instructions from
clients is difficult but ultimately an important part of the
Professional Practice experience.
For me, a highlight of my experience was being able to
present two pleas in mitigation on behalf of my clients,
with supervision, at the Dandenong Magistrates’ Court.
My best outcome was for a client who had previously
been in court twice for a similar matter and was fortunate
enough to be given a fine and no conviction. The client
was an older lady with anxiety issues and an extremely
difficult family life who was crying through the entire
court proceeding. After the matter was finalised she
thanked me and seemed to have a sense of relief that the
whole process was over. Being able to represent a client in
court and answer the Magistrate’s questions was daunting,
exhilarating and a lot of work but it reignited my interest
in advocacy and made me realise how important it is to
develop advocacy skills.
Another highlight was being involved in a community
development project with other Professional Practice
students. I attended monthly legal clinics at the Youth
Support and Advocacy Service, a fantastic program run
in Dandenong aimed at supporting young people with
substance abuse issues or homelessness. This legal clinic
had more of a social focus; we would play pool or watch
movies with the young people, listen to the problems and
assist them if we could. It was an eye opening experience
and reminded me that not everyone has a stable and
safe upbringing. Working with these disadvantaged
youth really impressed on me the importance of using
my law degree to support marginalized members of the
community.
While Professional Practice may not light everyone’s fire,
it will certainly make you develop all your key skills –
communication, interpersonal and research and writing.
As an added bonus, you will also make some invaluable
friendships. Some of my fondest memories of Professional
Practice are sneaking away with a group of student for
some delicious Pho or Vietnamese rice paper rolls after a
long day or joining my supervisor and other students at
the fantastic Polish bakery near the Magistrates’ Court.
Professional Practice is a rollercoaster ride – there
are certainly ups and downs. It can be exhausting and
demanding but it will become an experience that makes
you build confidence in your ability to communicate, to
work in a legal environment and will make you proud of
what you achieve and how you have assisted people who
otherwise would not be able to access the law. If you are
in your second year or above, I encourage you to apply
and really immerse yourself in this fantastic program.
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FLAP Professional Practice
FLAP assists people from many and varied cultural
backgrounds in making applications, responding to
applications, preparing for litigation, negotiation, and a
variety of other pre-trial procedural requirements.
how to properly draft a legal letter or an affidavit, how to
negotiate with another lawyer, how to run a busy diary
full of filing dates and interview sessions, and how to
effectively manage the expectations of a client.
Doing Professional Practice at FLAP has been an
invaluable experience and I recommend it to students
with even a slight interest in family law.
Professional Practice students run 10 to 15 files during
their time at FLAP. In the running of files, students will
have the opportunity to prepare briefs for barristers,
attend court with those barristers, draft applications and
affidavits, and regularly liaise with and formally interview
clients.
Centres such as FLAP are an important and valuable
feature of Victoria’s legal system. At FLAP, students will
often assist clients who can neither afford expensive
private legal fees, nor meet Victoria Legal Aid’s strict
guidelines. These clients find themselves in the middle of
a complex system of laws and procedural rules without
any legal assistance, save for from FLAP.
Family law is an inherently complex and multi-faceted
area of law. Students will assist both the victims and
perpetrators of family violence. Familial conflict is often a
significant issue; children being the main victims of this.
Further, as opposed to some other areas of law, family
law is not extricated from emotion, but deeply tied to it.
Therefore, students will often find themselves engrossed
in a case and richly rewarded by the experience. It is
an honour to be able to assist people through times of
personal crisis. Clients are, without exception, extremely
thankful for the service that FLAP provides.
FLAP allows students a valuable degree of independence.
Students have overall responsibility for the carriage of
their files. Although at first this degree of responsibility
seems daunting, students at FLAP feel are made to feel
confident in their abilities due to the kind and supportive
environment fostered by supervising solicitor, Malcolm
Bennet, and Administrators, Jenny Tam and Chelsea
Trang.
The biggest things I learned at FLAP are often seen as the
smallest things in practice. For example, FLAP taught me
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Monash Law Guide 2015
Part 3: Getting the most out of your Degree
LAW4160: Negotiation and Conflict
Resolution
Student Perspective:
Negotiation and Conflict Resolution is a six-credit point
By Jacqui Simpkin
Unit taken over Summer 2014
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.
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.
Negotiation and Conflict Resolution
of the learning occurred in the discussions following
each activity. It is interesting to hear how others in your
position played the same cards and also how those taking
on other roles chose to do so.
Taking Negotiation and Conflict Resolution as an
elective is a wise move. Skills developed in class have
immediate practical application in the practice of all areas
of law and also in everyday life. The seminar-style classes
involved multiple hands-on application tasks each day. It
was also a fun way to get to know 41 other students from
the faculty, given we were negotiating with them, taking
part in thought experiments and mediating together
throughout the week.
This unit makes for a useful addition to any law
course, regardless of your particular area of interest. A
commitment of a just single week sounds short, but once
the journal and daily activity preparations are taken into
account in addition to class, that one week gives you a
solid introduction to a very useful set of negotiation and
conflict resolution skills.
One of the most enjoyable parts of the unit is the
morning sharing of encounters in negotiation and conflict
resolution that are observed or remembered overnight.
It reiterates just how practically useful the skills are to
our everyday lives- from getting a quote from a builder, a
disagreement with a neighbour or (trying) to get out of a
parking ticket.
The assessment for this unit involves:
• Participation (10%);
• In-class assessment (30%);
• Reflective journal submissions (30%);
• Negotiation role play and analysis(30%)
Assessment involved three separate negotiations or
mediations in groups ranging from 2-6 people, a quiz
at the end of the week, a reflective journal and an oral
negotiation exam.
Prerequisites requiring completion prior to
commencement:
• Foundations of Law
• Criminal Law 1
• Public Law and Statutory Interpretation
• Torts
• Contract A and B
• Consitutional Law
• Property A
What makes this unit unique?
The focus of this unit is not substantive law. Instead,
the unit teaches a series of techniques that can be used
interchangeably in any career. Early in the week, there is
a focus to discuss and improve outcomes not just for your
client, but also for everyone involved in a negotiation.
The aim is to expand the possibilities for benefits through
collaboration and grow healthy business relationships.
The second half of the week focussed on the use of
Alternative Dispute Resolution (ADR) techniques.
Seminars involved selecting the most appropriate
techniques for given scenarios and then rotating through
and taking turns to mediate a dispute.
The application form for this unit can be found here.
Practical exercises are abundant including structured
negotiations using Harvard University scenarios, thought
experiments to illustrate ideas, and group activities
and exercises incorporating the skills from class. Each
exercise contains multiple roles and a significant part
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Monash Law Guide 2015
Part 3: Getting the most out of your Degree
LAW4310: Trial Practice and
Advocacy
Student Perspective:
Trial practice and advocacy is a six-credit point unit that
By Claire Southwell
Unit taken in First Semester 2012
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.
Trial Practice and Advocacy
T
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.
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.
Skills Acquired
Benefits and skills acquired
Unit Structure
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 cross-examinations.
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.
The assessment for this unit involves:
• 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)
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.
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.
Unit structure
Prerequisites:
• Foundations of Law
• Public Law and Statutory Interpretation
• Criminal Law 1
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
The application form for this unit is available here.
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Monash Law Guide 2015
Part 3: Getting the most out of your Degree
Volunteering Opportunities:
Volunteering Opportunities:
By Lydia Chia
Deputy Director of Staff and Volunteers at the 2013
World Model United Nations Conference
By Lynette Dong
MOLS and Youthlaw volunteer
Model United Nations
With placards raised, delegates representing countries
in the Disarmament and International Security
Committee, such as Russia and the Democratic Republic
of Congo, 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 in 2013.
The Conference
The Model United Nations 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 2013, 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.
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
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.
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?
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.
Community Legal Centres
Monash Oakleigh Legal Service
Monash Oakleigh Legal Service (MOLS) is a community
legal centre based on the edge of the Monash Clayton
Campus, where local residents may seek free initial legal
advice.
There are many ways to get involved with MOLS –
through volunteering for the Family Law Assistance
Program (FLAP), the Professional Practice law electives,
and the Advice-Only sessions.
I began volunteering for MOLS Advice-Only sessions on
Wednesday nights simply because I signed up for MOLS
updates during the LSS O-Week BBQ as a keen first year
student. Once you get past the application process, the
6-month volunteering commitment involves spending
every Wednesday fortnight at MOLS from 6-8:30pm,
interviewing clients alongside a mentor, discussing the
legal issues with a supervising lawyer and relaying advice
back to the clients. On occasion, you might also be
rostered on reception duty. Over the 6 months at MOLS I
had the chance to develop my confidence in interviewing
clients, communicating with people of different
backgrounds despite language barriers, and documenting
hour-long interviews succinctly.
More importantly, I got a glimpse of the important role
CLCs have in our community. Not everyone can afford
to pay for private legal advice, but that shouldn’t mean
they are left unaware of their legal rights and obligations.
At the very least, a CLC may give closure to someone
struggling with an issue that has no legal recourse.
Sometimes, with the approval of the MOLS volunteer
coordinator, we would refer a client to the daytime legal
service at MOLS, where Professional Practice students
could provide further assistance with the client’s legal
matter.
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.
The types of legal issues I encountered at MOLS varied
between contracts, fines, family law and neighbourhood
disputes. There is no better way to find out whether
studying law is right for you than by communicating
with real-life clients about their legal matters. It can be
66
incredibly inspiring to go beyond the hypothesising of law
exams. Volunteering for the MOLS Advice-Only sessions
is open to first-third year law students.
Other Community Legal Centres
Aside from volunteering at MOLS, you can find
opportunities to volunteer at other community legal
centres by visiting the National Association of CLCs
(NACLC) website to search current volunteering
opportunities. Depending on where you volunteer, the
roles and responsibilities of volunteers will differ between
different CLCs.
Young People’s Legal Rights Centre (Youthlaw)
If assisting young people with their legal matters sounds
interesting to you, look no further than volunteering at
Youthlaw. Youthlaw is a CLC providing free legal advice
to young people under 25 years of age. The minimum
commitment for volunteers is once a week for 12 months,
with the option of continuing beyond that period.
One thing that stands out in my experience volunteering
at Youthlaw is how supportive the lawyers are, of both
volunteers and the young clients they work with. You will
usually work alongside a few other volunteers at a time,
which means it’s more likely than not that you’ll make
new friends along the way. The fun, relaxed atmosphere
at Youthlaw is certainly bolstered by spontaneous coffee
runs and morning/afternoon teas featuring hot chips,
homemade chocolate cake or Krispy Kremes.
As a Youthlaw volunteer, you have the chance to learn
about a wide range of legal matters faced by the most
vulnerable young people in our community, such as
fines, criminal charges, VOCAT, domestic violence and
debt. Likewise, the tasks you will undertake vary from
week to week, so that you’ll never feel demotivated. I
have run to and from the Melbourne Magistrate’s Court
to hand in documents, sitting in on our clients’ Special
Circumstances hearings (for fines matters), prepared
legal letters, handled inbound and outbound calls and
conducted client interviews for Youthlaw’s Friday Fines’
Day clinic.
Youthlaw’s volunteer recruitment occurs in March every
year. Be sure to check their website in January/February
of each year to get updated information on how to apply.
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Monash Law Guide 2015
Part 3: Getting the most out of your Degree
Volunteering Opportunities:
Volunteering Opportunities:
By Paby Choi
PLEA volunteer
By Tienyi Long
Castan Centre Intern
Prison Legal Education and Assistance
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.
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.
“He who opens a school door, closes a prison” – that
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.
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.
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
for PLEA spurs me to keep updated on policies might
affect the individuals I am presenting to.
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
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Castan Centre In House Internship
What is the Castan Centre?
The Castan Centre for Human Rights Law is an academic
centre that aims to promote and protect human rights
through public scholarship. It is based in the Faculty of
Law at Monash University.
You should apply for this internship if….
You are interested in human rights and have completed
International Human Rights Law (LAW4155).
What does the internship involve?
The internship may be undertaken part time (one day a
week) during semester, or full-time (four days a week)
in the winter break. Interns assist the Centre with its
projects. Generally, this involves extensive research on
human rights issues. During my time at the Centre, I
looked into the right to legal aid in different countries, the
impact of the Northern Territory Emergency Response on
crime rates and education among Aboriginal Australians,
and even the law of the seas in relation to refugees.
Interns are also expected to write clearly and concisely.
Many of my tasks involved summarising human rights
judgments and writing articles for the Castan Centre
newsletter.
Personal highlights
Interning at the Castan Centre was an amazing
opportunity to meet and work with like-minded people.
Everyone around me was a human rights enthusiast
(“nerd”), and they were always happy to engage in a
heated debate with me.
I also felt that my work was making a direct contribution
to human rights. One of our most memorable tasks
was research for the Centre’s submission on proposed
amendment to migration laws, which would have a direct
impact on the rights of asylum seekers.
My work at the Castan Centre allowed me to challenge
and expand my knowledge of human rights, and
ultimately strengthened my passion and interest in the
area. It was a valuable experience and I would definitely
recommend it.
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Monash Law Guide 2015
Part 3: Getting the most out of your Degree
Study Abroad Opportunities
“We should come home from adventures, and perils,
and discoveries every day with new experience and
character.” Henry David Thoreau
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.
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
Where should I go?
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! Click here for a list of
partner universities.
Additionally there are a number of faculty managed
exchanges to Prato, Malaysia, Israel or a variety of
internships that students may engage in. Click here for
more information on faculty managed exchanges.
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.
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 boyfriend Skype them
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.
Why?
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
Student Perspective:
Exchange to University of Ottawa, Canada
By Weilynn Tan
University of Ottawa, First Semester 2015
I’m currently in New York City for NBA All-Star
weekend and New Yorks’ Mercedes Benz Fashion Week
and writing this piece after navigating my way through
the concrete jungle, into the subway and finding my way
back to my hotel. My study abroad experience so far has
been nothing short of exciting, exhilarating and fun as
well as a major life learning experience which has taught
me many life lessons about independence and also about
different cultures.
should anyway for the plethora of other reasons that
the very competent Monash Abroad team will provide.
The application process may be long but it is definitely
worth it for all the life lessons and once in a lifetime
opportunities you will get. University student life makes
it extremely easy to travel especially being Australian, we
are in the best position to travel with our strong dollar
and higher base pay, as a fourth year law student there is
no doubt I have taken advantage of all of these (especially
our long holidays in summer and winter) but Study
abroad is something else. If you are a first year, I would
advise visiting the Monash Abroad offices or asking
anyone who has been on study abroad.
I’m studying abroad this semester in Canada at the
University of Ottawa in the middle of winter which some
of you might think, “Why? It’s negative 30 degrees there?.”
At first, I queried my decision too but after only one and
a half months, it is definitely one of the best decisions I’ve
made in my 21 years of life. I’ve made friends from all
around the world, taught myself how to use the subway
in NYC, learned how to survive -30 degree weather and
shovel snow out of the driveway as well as skate in the
biggest out door skating rink, gone to live hockey and
basketball games and visit a number of museums and
UNESCO sites in Ottawa and its surrounding cities. If
you decide to go to Europe, Asia or South America then
you will have ample opportunity to travel to places like
these during weekends or study breaks if they are what
you fancy.
Not only will you be able to travel extensively and do
things that you wouldn’t normally be able to do in
Melbourne but you will also be able to experience a very
different education system in North America (which
I’m sure is also different if you plan on studying abroad
in Europe, South America or Asia). Studying in Canada
has altered my learning style as I have had to adapt to
their teaching styles and education system. It has taught
me to be flexible as well as to be alert as being here has
drawn some notable contrasts between the Australian
and Canadian education system. It is a once in a lifetime
opportunity that Monash University offers and should be
taken advantaged of.
If this hasn’t convinced you to enquire about Monash
University’s study abroad program then I think you
Alternatively, you can also prepare your own study plan
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Monash Law Guide 2015
Part 3: Getting the most out of your Degree
Student Perspective:
Student Perspective:
By Jake Spain
Prato Program, First Semester 2014
premier soccer leagues or an authentic Italian cooking
class or Chianti winery tour.
By Will Anderson
Malaysia Program, Second Semester 2014
The Prato Program is an experience like no other. It
On top of all this, Florence is a perfect hub to take
spontaneous or thoroughly organised weekend trips to
the remainder of the gorgeous cities in Italy and wider
Europe. Venture to the beaches of the Cinque Terra, the
canals of Venice, the history of Rome and the endless
possibilities in Prague, Paris, Budapest, London and
beyond.
The Monash Law Malaysia Exchange offers a compact
Prato Program, Italy
immerses you into a world in which you will see, taste
and try things that no other program allows you to do.
The Monash Prato Campus is a beautifully historic
building, situated just walking distance from the town
centre, the Prato Duomo, modern shops, bakeries, coffee
houses and food to die for at every turn! From terrace
drinks to Italian language classes, you will fall in love with
Prato and a lifestyle you’ll never want to give up.
After being swept up in romance of Chianti wine, Panini,
gelato, pizza and pasta, you will have to accept that you
are in fact on a study trip. However, Prato does not
offer any ordinary classroom. Whilst learning about
international practices and perspectives on criminal
sentencing, environmental law, commercial arbitration or
any number of intriguing subjects, you can glance out the
window to the rolling hills of the Tuscan countryside.
Whilst all of the above provides a recipe for the trip of a
lifetime, what separates the Prato Program from all others
is that it is predominantly filled by Monash students.
Accordingly, you have the opportunity to travel with
established friends and keep in contact with your new
ones when you return. In addition, it will enable you to
experiment with living away from home and be a launch
pad for an elaborate European trip which will stay with
you forever.
Once you finish lectures for the day, you can stroll
through the winding streets and be spoilt for choice in the
commodities of history, culture, food and drink.
Perhaps the one flaw of Prato itself is that it does not
have a particularly vibrant nightlife. This prompts many
Monash students to choose their accommodation in the
livelier city of Florence, just a 20 minutes train ride away.
Florence needs no introduction. As the heart of the
Renaissance movement, each windy cobbled street in this
city offers more inspiring history than the entirety of most
countries. No matter your interests, Florence will provide
for you. As a pedestrian friendly place, it would be remiss
of you not to join one of the three walking tours on offer,
visit the impressive art galleries spread across the city and
sample classic Italian food along the way.
Cook with ingredients from the local markets and drink
in magnificent squares before heading to the Santa Croce
district for nights you will never forget. Find the Secret
bakeries which open for party goers in the early hours
of the morning and back it all up with tickets to see the
local football side Fiorentina compete in one of Europe’s
Malaysia Program
opportunity to fast track some of your law units. A variety
of units are offered which run intensively over the winter
semester. I studied Corporations Law and International
Air and Space Law on exchange in 2014.
The campus and facilities are similar to the Clayton
campus, however the food and lifestyle is a world apart.
Living at Sunway Monash Residence (SMR), a 2 minute
walk to campus, made the experience even better. At
SMR we met all the international students not only from
Melbourne but around the world and we quickly became
friends. SMR has a gym, pool and study spaces as well as
comfortable living spaces.
islands where we spent the days hiking, diving,
snorkelling and relaxing on the beach with other travellers
from all over the world. The Perhentian islands have an
awesome wreck dive on a sunken cargo ship which has
small sharks playing inside the ship. At night they had fire
twirling shows and a moonlight cinema.
Timed in the winter semester, often students are able
to travel around Asia before, or after the study period.
I was lucky enough to travel before studying to Sri
Lanka, Sumatra and Borneo and after to Indonesia and
Myanmar. The exchange gave me to opportunity to
explore many fantastic destinations in Asia and I would
recommend all interested students to participate in the
program.
It was common to relax in the pool most of the day, only
getting out to go to class before returning again. Also,
important decisions were typically decided in the pool
such as where and what to eat for dinner or where we
were going to go for the weekend.
One of the more interesting days on campus was a
field trip to the Malaysian Stock Exchange to listen to
a presentation. After the trip we went to the indoor
theme park at the Berjaya Times Square mall featuring
a roller coaster and other amusement rides. Afterwards
we had a delicious dinner of garlic naan and curries at a
North Indian/Pakistan restaurant before enjoying some
beverages at the local night time entertainment street in
Kuala Lumpur.
The Sunway campus is located close to the best food
places where you can feast on all sorts of Asian cuisine for
a few dollars a meal. Sunway Pyramid, a huge shopping
center over 4 levels is a short walk away which has a
supermarket, movies, bowling and heaps of other shops
to explore. The Sunway waterpark is even closer and has
heaps of fun water rides and activities to help cool off in
the tropics.
Another perk of the exchange is being able to cheaply
take island getaways on the weekends. One weekend
fifteen of us purchased $11.00 flights to the Perhentian
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Monash Law Guide 2015
Part 3: Getting the most out of your Degree
Mooting
Intervarsity Mooting
Mooting is the perfect way to get the most from your
law degree at Monash as it allows you to understand
the practical side of many compulsory units studied
throughout the course. The Monash Law Students’ Society
provides all students, regardless of whether they are in
their first or final year, with the opportunity to participate
in a wide variety of moot court competitions. In 2015,
the Monash LSS is running three mooting competitions,
covering many different areas of law.
These three competitions include:
1. The General Moot - which is divided into two divisions
(Junior & Senior) depending on how far along the
competitors are in their undergraduate law degree. This
competition will run from April 13 to April 27.
this memorandum earlier on the day of the competition
and will then receive their opposition’s memorandum in
return, to analyse and prepare appropriate responses to.
During the moot itself, each counsel will have twenty
minutes to present their arguments, during which 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
the questions most astutely and works as a team.
What are the Benefits and Challenges of Mooting?
2. The International Humanitarian Moot - which is a moot
designed specifically for individuals who are interested in
this area of law. This competition will run from August 18
to August 31.
3. The First Year Moot - a moot designed solely for first
year students focusing on Criminal Law, which is the first
area of law studied in the 2015 undergraduate law degree.
This competition will run from September 1 to September
15.
A registration link for all competitions will be posted on
the Monash Law Students’ Society website and Facebook
page a week prior to the commencement of the first
round.
What is Mooting?
A moot is a simulation of a civil or criminal trial
adjudicated in a Victorian or Australian court. Teams
of two, consisting of a junior and senior council, with
the option of adding a third team member to act as the
solicitor, represent either an appellant or respondent in an
appeal case.
The teams receive the fats 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. The teams must submit
Many students who have participated in the moot court
competitions have agreed that it is one of the best ways
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.
All students who have participated in the moot court
competitions have also agreed upon the challenges that it
entails. Mooting is a time consuming competition, which
ensures long days and late nights of researching. However,
it therefore teaches students how to manage their time
competently. Mooting encourages teamwork, builds on
the subjects you are, or may study in the future and helps
you harden your mind to those long days and nights
trying to hunt down that tiny bit of obiter you read once 2
days ago that sums up your case perfectly.
It also 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. Semi finals and grand finals 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.
Mooting, although at times stressful and all-consuming,
is undoubtedly one of the best experiences you can be a
part of at Monash University.
74
Monash is constantly on the look out for experienced
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.
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 two main international mooting competitions are
the Jessup Moot and the Willem C. Vis International
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.
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.
The Jessup Moot is an annual moot competition held in
Washington DC, with qualifying rounds for Australian
universities held in Canberra. The Jessup Moot focusses
on international law and is a moot court case before the
International Court of Justice. 2015 will be the 56th year
of the Jessup Moot, which emphasizes both procedural
and substantive issues.
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.
The Vis Arbitration Moot is an annual moot held in
Vienna, Austria, with a pre-moot held in Hong Kong.
The Vis Moot focusses on international commercial law
and uses arbitration as a means of resolving international
business disputes.
State and National Competitions
Students interested in representing Monash University at
intervarsity competitions should consider enrolling in the
law elective unit ‘Mooting and Advocacy Competition’.
Students in this unit can elect to represent Monash at a
number of external mooting competitions (some of which
are held interstate) 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
The Vis Moot attracts competitors from almost 300
law schools around the world and gives students the
opportunity to moot in front of experienced, worldrenowned arbitrators and academics.
Students interested in applying to represent Monash
University at either the Jessup or Vis Moot competitions
should consider enrolling in the elective units ‘Jessup
Moot Competition’ and ‘Vis Arbitration Moot’. Both of
these competitions require a large time commitment, with
most of the work occurring over the summer holidays.
If you have any questions about representing Monash
University at an intervarsity moot, please contact the 2015
mooting convener, Rowena Cantley-Smith at rowena.
[email protected].
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Monash Law Guide 2015
Part 3: Getting the most out of your Degree
Monash LSS Moots:
Student Perspective:
What is the Competition?
By Mark James and Jonathan Brooking
First Year Moot Winners 2014
days between moots. You don’t need the best grades or
experience in public speaking to do well in mooting.
Mooting is a rare chance to learn and exercise practical
There was certainly some luck involved, but there are a
few things that helped my partner and I to succeed. The
most important thing is to bear your audience in mind
when you are presenting. It isn’t like debating where you
speak to a silent audience. You need to interact with the
judge, and speak to him/her respectfully, and confidently.
If you write a speech, or speak like a debater, it won’t
be easy to maintain a genuine dialogue with the judge
about the relevant law. It can be scary to go in without a
prepared script, but this is one of the best things you can
do.
The First Year Moot
The Monash Law Students’ Society First Year Moot
competition is often the first mooting competition
Monash Law students ever compete in. This competition
is a lot of fun and is designed to enable students to get a
real grasp on mooting in a friendly learning environment.
This competition is designed to be just for first year law
students in order to level the playing field in relation to
the number of years studying law. It primarily focuses
on the area of Criminal Law, which most first year law
students study. If you will not be studying Criminal Law
in your first year, you may still enter. In previous years,
most court problems have only been taken from fields
first years study, yet students who have not yet studied
these units have still competed successfully.
in a team of your friends.
There are many benefits that may transpire from
competing in the First Year Moot, such as developing
efficient researching and effective communication skills.
No, you do not need a photographic memory like Mike
Ross from Suits! You will however have the chance to
enhance your ability to skim-read for relevant passages
in cases, coherently present a line of reasoning and
proficiently write a memorandum. Developing these skills
may have fantastic flow-on effects to improve the way you
study and your interpersonal skills in everyday life.
When does the competition run?
The First Year Moot will be held in Semester Two,
commencing in Week 7.
Aimed at introducing the exciting field of mooting
to First Year Law Students, this specially designed
competition tests both students’ research, formulation
of legal argument and public presentation skills. To
participate, students should form a team that may consist
of two or three law students.
Competition dates in 2015 are as follows:
• Round One: Tuesday 1st Sept 2015 (all competitors)
• Round Two: Thursday 3rd Sept 2015
• Quarter Final: Tuesday 8th Sept 2015
• Semi Final: Thursday 10th Sept 2015
• Grand Final: Tuesday 15th Sept 2015
Two of these students will act as barristers (who will
speak) and an optional third student may act as a solicitor
(who will help with research). All teams will receive a
legal problem about 2-3 days before the round. They
will then undertake research on their legal arguments
and the possible opposing arguments. Teams will need
to prepare a legal submission (or memorandum) to the
court. Memorandums will be exchanged between two
teams on the morning of every competition round, after
which teams may prepare rebuttals for their opposition’s
arguments. That evening the actual moot will commence
and teams will vocalise their legal arguments in front
of an adjudicator in a courtroom scenario. Teams will
be awarded a score for their performance based on
the strength of their legal memorandum, their legal
arguments and their presentation skills.
Who can participate?
What are the benefits of competing?
Many notable professionals such as Arthur Apos have
concluded that mooting was their favourite experience
at Monash Law School. Maybe that will be the same for
you? While studying at law school may often involve
independently reading, this is a great opportunity to work
Only first year students will be eligible to compete. Every
student who wants to compete must be a member of the
Monash Law Students’ society for 2015.
How do you sign up?
Approximately two weeks before the commencement of
Round 1 a registration link will be posted on Facebook.
In order to participate, please click on the link and fill in
the details to register. Register quickly to secure a place!
There is a cap on the number of competitors and this
competition is very popular.
More information regarding the competition will
be available closer to the competition date. To learn
more about mooting make sure you look out for the
Competitor’s Guide and check out the Monash Law
Library guide to mooting website here . For any further
questions please contact the Competitions Team by email
at [email protected].
76
The First Year Moot
legal skills in the early years of your law degree. These
skills, such as advocacy and research are incredibly
important elements of your legal education, making the
moots and other competitions offered by the LSS a vital
part of your degree.
The First Year Moot is a perfect opportunity for new
students to learn about mooting in a less intimidating
environment. This moot is the only chance you will get to
compete against other teams who are all as inexperienced
as you. It is tailor made for those who are new to mooting,
and missing out will make it more difficult to get involved
in later years, where the learning curve is far steeper. As
such, I would highly recommend this competition for all
new law students.
For those who know very little about mooting, teams
of two or three, comprising of two barristers and an
optional solicitor, are given a legal scenario and a party
to represent. The scenarios given are complex and
ambiguous, opening them up to several interpretations.
They relate to the area of law you are studying, however
often go beyond the examinable content, and may relate
to topics not yet covered. While the moot carries a
fairly heavy time commitment, it will give you a better
understanding of the relevant topics, and will certainly
help you in the lead up to exams. The time commitment
itself varies depending on how well you know the relevant
topic, and how deep into the cases you wish to delve.
There is an inexhaustible amount of cases, and other
resources available on any particular area of law, however
not all of this will be particularly helpful. You can save
a lot of time by using your resources (particularly your
textbook) wisely, but there is still a lot to do in a very
short time.
Staying relaxed, and choosing a partner/team you can
work well with will go a long way to improving your
experience, as at times the environment can be stressful.
Mooting nurtures a range of important legal skills, and
gives you an insight into life as a lawyer. Our semi-final
was held in a very intimidating inner-city law firm and
our final took place in the Federal Court. These are
unique experiences, and doing well gives you something
interesting to put on your resume.
It is hard, but it is a lot of fun, and everyone comes out the
other side glad that they participated. So make sure you
get involved in the First Year Moot, it is one of the most
important things you can do in your first year of studying
law.
Besides research, you need to prepare your memorandum
(a small document outlining your arguments to the
judge, and your opposition), rehearse your argument, and
consider your opposition’s arguments, which you receive
a few hours before the moot begins. This adds up to a
few late nights, especially given there is only a couple of
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Monash Law Guide 2015
Part 3: Getting the most out of your Degree
Monash LSS Moots:
Student Perspective:
What is the Competition?
By Yannis Goutzamanis (edited by Matthew Tran)
General Moot
The experience you will receive from competing in the
General Moot will translate in many ways. Seize the
opportunity to learn more about areas of law such as
Contract, Tort and Criminal Law in the Junior Division,
and wide-ranging in Senior Division. Challenge yourself
in your ability to research, formulate legal arguments and
master public presentation. Take each round as it goes,
but know that if your team wins the whole General Moot
in the Senior Division, you will have the tremendously
exciting opportunity to represent Monash University at
the 2015 ALSA Conference (held in the mid-year break).
The Monash Law Students’ Society General Moot
Competition is the largest and most distinguished
mooting competition offered by the Monash Law
Students’ Society.
This competition is broken up into Junior and Senior
divisions. Generally, the Junior division draws first,
second and third year students whereas the Senior
division draws third, fourth and above years. This is
because the Junior division is reserved for students who
have not yet completed Property Law B. Once students
have completed this unit at Monash University (or
equivalent unit at another University), they are ineligible
for Junior Division. The Senior Division is for those
who have completed Property B however this is not a
requirement.
Moot Court problems are drawn from Contract, Tort or
Criminal Law for the Junior Division, and from all major
fields of law for the Senior Division of the competition.
This competition tests both students’ research,
formulation of legal argument and public presentation
skills.
Teams will consist of two or three law students - two
students acting as barristers and an optional third student
acting as a solicitor. About 2-3 days beforehand, a team
receives the legal problem and then they will research
their legal arguments and possible opposition arguments
and prepare a legal memorandum of argument. These
memorandum will be exchanged between teams on the
morning of each competition round, allowing teams
to prepare to rebut their oppositions arguments. The
evening then brings about the actual moot, where teams
vocalise their legal arguments in front of an adjudicator
in a courtroom scenario. All the teams will be awarded
a score for their performance based on the strength of
their legal memorandum, their legal arguments and their
presentation skills.
What are the benefits of competing?
Competing in the General Moot is really special as it
is the biggest and most important of the competitions
offered. Reputable professionals, even High Court judges,
have been included in the past.
General Moot, Junior Division
General Moot (Junior Division) Winners 2014
Studying law at Monash University offers a myriad
of engaging and enriching opportunities. One of
the greatest experiences during my time at Monash
Law School was competing in the LSS General Moot
Competition.
When does the competition run?
The General Moot will be held in Semester One,
commencing in Week 6.
The General Moot Competition is the premier mooting
competition offered at Monash Law School. The 2014
competition, consisting of 50 teams and 5 rounds
(including finals), was sponsored by Ashurst and hosted
by the Monash Law Students’ Society.
Competition dates in 2015 are as follows:
o Round One: Monday 13th April 2015 (all competitors
compete)
o Round Two: Wednesday 15th April 2015 (all
competitors compete)
o Quarter Final: Monday 20th April 2015
o Semi Final: Wednesday 22nd April 2015
o Grand Final: Monday 27th April 2015
The experience allowed me to put classroom learning into
practice and develop important skills. The competition
required an effective grasp of legal principles, research,
the formulation of written arguments and persuasive oral
advocacy. These skills in research, time-management,
written communication and public speaking are essential
to a career in law and are transferable to many other
professions.
Who can participate?
One of the most stressful aspects of the competition is
time-pressure. There is generally 2-3 days for preparation
between moots. A separate and new problem is designed
for the finals. This makes for many late nights searching
for precedents on legal databases and structuring
arguments. Whilst this can seem daunting it encourages
teamwork, collegiality and makes for fun times with
teammates.
Every student who wants to compete must be a member
of the Monash Law Students’ society for 2015. Monash
law students from all year levels are encouraged to enter.
How do you sign up?
Approximately two weeks before the commencement of
Round 1 a registration link will be posted on Facebook.
In order to participate, please click on the link and fill in
the details to register. Register quickly to secure a place!
There is a cap on the number of competitors and this
competition is very popular.
More information regarding the competition will
be available closer to the competition date. To learn
more about mooting make sure you look out for the
Competitor’s Guide and check out the Monash Law
Library guide to mooting website here . For any further
questions please contact the Competitions Team by email
at [email protected].
78
Assistance to the Khmer Rouge.
One of many interesting and difficult exchanges occurred
when our team tried to utilise principles of human
rights law when appearing before a Queens Counsel
who practiced in human rights law. Needless to say
our arguments were shot down, but the experience was
nevertheless educative. Another memorable exchange
occurred in the grand final when I attempted to garnish
my argument with a personal narrative to further
illustrate a point. This was swiftly rebutted by the bench
and I was told that one ought not construct a legal
principle from a personal anecdote. This quip led to some
muffled laughter in the Court Room. A funny memory
for all.
All in all, the 2014 General Moot Competition has been
the one of the most rewarding experiences I have had at
Monash Law School. I would encourage any law student
at Monash to participate.
The biggest highlight of the general moot for me was
undoubtedly appearing before distinguished legal
practitioners and the verbal jousting that resulted. One
unique and challenging aspect of mooting is questions
from the bench. Unlike debating or other forms of public
speaking, the judge in a moot is allowed to stop you at
anytime and ask you questions. If the judge is particularly
interventionist this will lead to difficult but enjoyable
exchanges with a judge.
My team had the privilege of appearing before
professors, barristers, senior counsel, partners and even
an international jurist who sat on the United Nations
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Monash Law Guide 2015
Part 3: Getting the most out of your Degree
Monash LSS Moots:
Student Perspective:
What is the Competition?
When does the competition run?
By Elissa Young
IHL Moot Winner 2012 and 2013 (along with Gisela Nip
and Ben McIver)
Competition dates in 2015 are as follows:
• Round One: Tuesday 18th August 2015 (all competitors
compete)
• Round Two: Thursday 20th August 2015 (all
competitors compete)
• Quarter Final: Tuesday 25th August 2015
• Semi Final: Thursday 27th August 2015
• Grand Final: Monday 31st August 2015
Competing in the LSS International Humanitarian Law
Who can participate?
The IHL moot helped me to discover a love of mooting
and a passion for international humanitarian law. As a
result, I’ve competed in various LSS, state, national and
even international mooting competitions - none of which
would have been possible without the IHL moot opening
my eyes to the wondrous world of mooting!
How do you sign up?
I honestly cannot recommend the IHL moot more highly.
Here are my top three of a very long list of reasons why
you should compete in the LSS IHL moot:
International Humanitarian Law (IHL)
The Monash Law Students’ Society International
Humanitarian Law Moot is specifically concerned with
humanitarian law issues, for instance, war crimes and
humanitarian crises issues. Teams will consist of two
students, acting as barristers, and an optional third
student, acting as a solicitor.
The IHL Moot will be held in Semester Two, commencing
in week 4.
Following the problem being released 48 hours before
round 1, students must research their legal arguments
and possible opposition arguments to prepare a legal
memorandum of their arguments. On the morning of
each competition round these memorandums will be
exchanged between competing teams, after which teams
can prepare to rebut their opposition’s specific arguments.
The evening then brings about the actual moot, where
teams will vocalize their legal arguments in front of
an adjudicator in a courtroom scenario. Scores will be
awarded for students’ performance based on the strength
of their legal memorandum, their legal arguments and
their presentation skills.
Every student who wants to compete must be a member
of the Monash Law Students’ society for 2015. Monash
Law students with a specific interest or curiosity in this
field of law are encouraged to enter. This competition is
open to all year levels.
Approximately two weeks before the commencement of
Round 1 a registration link will be posted on Facebook.
In order to participate, please click on the link and fill in
the details to register. Register quickly to secure a place!
There is a cap on the number of competitors and this
competition involves students from all year levels.
What are the benefits of competing?
Interest in the effect of international human rights law
throughout Australia and the world is growing rapidly.
Compete in the IHL moot if you want to become
more educated about the global issues relating to this
increasingly prominent area of law.
As IHL has been extensively coverage in the media, you
may already have some understanding of the complexities
of this area of law. Previous years’ problems have involved
crimes against humanity, asylum and refugee rights and
other violations of the respective laws in this area.
More information regarding the competition will
be available closer to the competition date. To learn
more about mooting make sure you look out for the
Competitor’s Guide and check out the Monash Law
Library guide to mooting website here. For any further
questions please contact the Competitions Team by email
at [email protected].
Unlike other mooting competitions, the same problem
is used throughout this moot. This gives competitors
a chance to really get to know the law and focus on
strengthening and perfecting their arguments throughout
the rounds of the competition.
International Humanitarian Law (IHL)
Moot has undoubtedly been a highlight of my law studies
to date. Having no idea how to moot or even what the
letters ‘IHL’ stood for, I (perhaps naively) signed up for
the 2012 IHL moot. I am so glad I did, as this competition
turned out to be one of the most defining experiences of
my law degree.
1. You’ll learn an interesting and unique area of
law
After signing up for the IHL moot, I soon learned that
‘IHL’ stands for ‘International Humanitarian Law’ - which
is essentially the body of law that governs war (think:
genocide, attacks on civilian buildings, the mistreatment
of prisoners of war, whether the commander or the
foot soldier is responsible for a war crime, etc). IHL is a
genuinely interesting area of law - one which can now
be studied as a unit at Monash taught by Professor Sarah
Joseph. As the competition involves an international
body of law, the IHL moot presents a unique opportunity
for students to attempt to figure out which judgements,
if any, are binding on the court or tribunal. The IHL
moot will also introduce you to unpronounceable cases
from jurisdictions you would otherwise have not known
existed.
from retired army captains to barristers who have worked
on (the above-mentioned unpronounceable) cases at the
International Criminal Court. Despite being extremely
daunting to moot in front of, these judges are very keen to
share their experience and advice with students who are
also interested in IHL.
One of my highlights of the moot was being judged by
Julian Burnside (my personal hero) in the grand final at
the Federal Court - a seriously unforgettable opportunity.
3. It is the least daunting of all the LSS
competitions
If you have never mooted before and the prospect
of doing so makes you feel nervous - I recommend
competing in the IHL moot. As IHL is only taught as an
elective at Monash, you will effectively be on equal footing
with the other competitors in your level of knowledge of
IHL. Furthermore, the moot problem will often contain
a short list of the most relevant cases - which gives you
an excellent starting point for your research. Finally, the
same problem is used throughout the whole competition,
so you won’t need to worry about learning new facts or
cases before each round.
Competing in the IHL moot is a great learning
opportunity, it’s a way to make lasting friendships and it’s
seriously enjoyable! The IHL moot is definitely one part of
the ‘law school experience’ you wouldn’t want to miss out
on.
2. You’ll have the opportunity to moot in front of
incredible people
Similar to other mooting competitions, competing in this
competition will give you the opportunity to enhance
your public speaking skills, research skills and ability to
work in a team.
Part of the allure of the IHL moot is definitely the calibre
of judges the competition attracts. If you compete in this
moot, you can expect to be judged by experts in the field,
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Part 3: Getting the most out of your Degree
Student Perspective:
Student Perspective:
LAW4805: Mooting and Advocacy
The Annual Willem C. Vis International
Commercial Arbitration Moot (Vis Moot)
By Maddy Salinger
written submissions for each competition). These sessions
were where I felt my mooting skills improved the most.
By Julian Lynch
One of the most important skills involved in mooting
is being able to answer questions from the judge in a
convincing manner and ensure that your answers are
consistent with your argument. In our practice sessions,
our coach Adam McBeth, who ran the unit, would pelt us
with all kinds of curly questions, which was the best way
to learn the strengths and weaknesses of your argument.
have this memory of Vis where I’m sitting in this
beautiful concert hall in Vienna for the opening cocktail
party. It’s teeming with people. People who, like myself,
had spent months poring over a mock legal dispute and
had probably gone a little insane.
T
he Mooting and Advocacy competition elective
was one of the most useful and enjoyable units I have
completed so far during my law degree. The elective
is run very differently from most other subjects as it
allows students to compete in two intervarsity mooting
competitions and gain academic credit for doing so.
The aim of this subject is to allow students to build their
advocacy and legal research skills in a practical way. At
the start of the semester each student in the elective was
assigned to one or two competitions at which they would
represent Monash University. I was assigned to the Shine
Torts Moot, held in Brisbane, and the National Women’s
Moot, run in Sydney. This is another unusual aspect of
this elective – whilst some of the competitions are held
in Melbourne, many are held interstate or even overseas.
Travelling to different law schools across Australia was
definitely one of my favourite aspects of this unit as it
allowed me to really get to know my teammates and it
meant that we were able to work really closely on our
moot as we were all staying together.
When I enrolled in this unit I had never competed in
a moot and was nervous at the prospect of competing
against other universities, many of whom have really
strong mooting teams. Fortunately this unit provides
extensive training and caters to all levels of experience
through providing a range of training seminars.
First, it is compulsory for all students undertaking the
unit to complete a research skills session at the library,
which basically builds on the research skills you learn in
first year.
Second, all students attend an advocacy session which
was run by George Hampel QC, who was judge in the
Supreme Court for 17 years. I found this session to be
one of the most useful aspects of the course as we learnt
practical ways to be more persuasive in our advocacy.
The mooting competitions themselves were also a
great experience. The Shine Torts Moot was the first
competition I was involved in. Each round consisted
of presenting your argument to a panel of three judges,
many of whom were experienced barristers or judges.
Being asked so many questions by three experienced legal
professionals was daunting, but it was extremely satisfying
to see how far we had come in the few short weeks since
our first practice.
The National Women’s Moot was held at the University
of Sydney, and is a female-only competition aimed at
promoting a career at the bar to women, who are still
underrepresented in the profession. Our team made the
grand final of this competition, and this was the absolute
highlight of the unit as we were able to present in the
Banco Court of the Supreme Court of New South Wales
in front of the President of the Court of Appeal, the
Hon. Justice Margaret Beazley. Whilst we didn’t win the
final, it was a great way to complete the unit. I can highly
recommend this unit to anyone interested in a career at
the bar or anyone wanting to improve their advocacy and
research skills.
Please note that this elective will contribute towards
your compulsory Research Project Unit. For a full list of
compulsory units, click here.
The third aspect of training was provided through
practice moots. For each moot we had to complete three
practice moots, the final one of which would make up
50% of our final grade (the other 50% is based off the
My team went to Paris, and then onto Vienna. While over
there, you compete in the actual mooting competition.
But then you go to the famous moot bar, do the tourist
thing, etc. And so you should, you deserve it. And that’s
the end of April.
I
As far as highlights of the Vis, I have innumerable but I’ll
keep it to four. The first was my team– who were really
like a second family (we spent a lot of time together).
Of course things weren’t always smooth between us, but
there was also wine, strolls through Paris, and fruitless
dumb impassioned chats at 11pm in the law library about
why smoking was healthy – and that made it worth it.
But I’m getting ahead of myself – what is the Vis Moot?
It is a very demanding, fun (and prestigious) mooting
competition tailored for law students.
Vis is all about international commercial arbitration
and trade law. (Arbitration is the preferred way for
international parties to finally resolve their disputes.)
There are those would say that international arbitration is
one of the “sexier” areas of law.
Do you know a second language, or like to travel? Do
you want to use your legal degree in relation to major
international projects, investments, technology or
engineering? Then you may well find that arbitration (and
Vis) “alluring” – it touches on these areas.
What does the Vis entail? Well it has three-stages to it.
In stage one, you feel a little like a 2 year old. You
are thrust into a world that is very exciting, but very
overwhelming. You spend a great deal of time (think full
time job), along with your team, becoming familiar with a
60-page set of facts, learning the law, and then compiling
your very own 50 page document of submissions. This
lasts from October into December
In stage two, you start travelling all over the city and
presenting before academics, solicitors, barristers,
arbitrators and the odd judge. All the while, you are
reshaping your arguments incessantly and think every
now and the: wouldn’t it be nice to be at the beach?
You then write another 50-page document and have an
assessed moot. By now it’s the start of March.
The second highlight of Vis actually happened later.
Having undergone such intensive training, the hard work
certainly pays off, and you become a little superhuman.
Your analytical skills and attention to detail are much
sharper. You are very comfortable explaining complex
things in a succinct punchy ways. You’re not afraid
of working damn hard, but that said, you’re also very
committed to taking time out in the face of never-ending
work. In short, you’re a much more adept, balanced and
engaged law student.
Thirdly, the contacts you make. Given they’ve seen you
moot and how hard you have worked, there’s a chance
that when a practitioner is looking to hire someone, you
have a very good chance of securing a job with them!
Finally - travel. Period.
So, wrapping up, I would highly recommend the Vis– it’s
very tough, yes, but that’s how it should be. After all,
you can’t make diamonds without subjecting carbon to
pressure, can you? And like I said, it’s a lot of fun.
Monash also runs a unit titled LAW4807: Vis Arbitration
Moot. You do not need to do the unit to enter the
competition but it is a way to earn credit for your work.
Please note that this elective will contribute towards
your compulsory Research Project Unit. For a full list of
compulsory units, click here.
In stage three, you’re weary after such a long time
studying, but things are starting to click in your head and
you actually enjoy what you’re learning. Travel awaits you.
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Part 3: Getting the most out of your Degree
Skills Based Competitions
Internal skills-based competitions offer students
the opportunity to gain valuable skills relating to the
corporate side of law. These competitions are the perfect
way for students to understand what it is like to be a
lawyer, acting for and advising clients on a range of issues.
What are the Advantages and Challenges of
Internal Skills-Based Competitions?
These competitions differ from the moot court
competitions as it tests a student’s skill set as a lawyer in
various scenarios. Most of these competitions require
less preparation than a moot court competition and,
in the case of the Client Interview, Negotiation and
Mergers and Acquisition competitions, gives students an
understanding of what goes on before a case actually gets
to court. All competitions allow students to practice their
communication and problem solving skills in various
environments whist giving students the opportunity to
gain a real and applied industry experience.
The Monash Law Students’ Society provides all students,
regardless of whether they are in their first or final year,
with the opportunity to participate in a wide variety of
skills-based competitions. In 2015, the Monash LSS is
running four skills-based competitions covering many
different areas of law.
These four competitions include:
1. Client Interview - which puts students in the place of
a lawyer interviewing their client. This competition tests
the competitors’ communication skills with their client
to obtain all the facts of the situation. It also tests their
teamwork and problem solving skills to understand and
work out all legal issues that arise from those facts. This
competition will run from March 9 until March 23.
2. Negotiation - which is a practical competition that
mimics the nature of alternate dispute resolution in
the industry today. It tests students’ teamwork and
negotiation skills and the ability to think of their feet. This
competition will run from March 24 to April 2.
3. Mergers & Acquisitions - a new competition developed
by the Monash LSS and Gilbert + Tobin which requires
students to act as commercial lawyers running a takeover
from start to finish. This competition requires a whole
range of skills from communication skills to advise their
client, to negotiation skills to ensure a successful takeover.
This competition will run from April 9 until May 11.
4. Witness Examination - a popular competition
which tests a competitors trial and advocacy skills. It
requires an individual contestant to question and crossexamine witnesses in a court room and builds on their
communication skills as well as their ability to think
quickly whilst responding to questions from the bench as
well as opposition objections. This competition will run
from August 3 to August 13.
A registration link will be provided on the Monash Law
Students’ Society website and Facebook page a week prior
to the commencement of round one of each competition.
The Client Interview and Negotiation competitions have
been particularly popular, as neither competition requires
students to have comprehensive knowledge of the law.
Nor do they require prior research or preparation and
can be much less stressful and more fun for the students
to participate in. These competitions in particular are
beneficial as negotiation and communication skills are
increasingly values within legal practice.
The Witness Examination competition is also extremely
popular for students who are further along in their law
degree, and the Mergers and Acquisitions competition
is likely to prove to be similar. These competitions do
require extensive knowledge of the law and hone in
on specific skill sets including the ability to question
witnesses comprehensively for Witness Examination, and
the ability to ensure a successful takeover for Mergers and
Acquisitions. Neither competition require prior research,
however, and little preparation is needed to compete,
making it less time consuming than the moot court
competitions.
In short, if you are looking for a way to enhance your
knowledge of the law as well as understand the practical
side of being a lawyer, whilst having an immense amount
of fun at the same time, the skills-based competitions
would be highly recommended.
Skills Based Competitions:
Mergers and Acquisitions
To register, students must click the registration link,
which will be posted on the Monash Law Students’ Society
website & Facebook page. Registration will open on
Monday 30 March 2015 and will close on Monday 6 April
2015 at 5:00pm.
Proudly sponsored by Gilbert + Tobin
T
his year, the Monash LSS and Gilbert + Tobin have
worked together to bring students a one-of-a-kind
competition which requires you to step into the shoes of
a transactional lawyer and run a takeover from beginning
to end.
Gilbert + Tobin have kindly offered to run an information
session about the competition prior to registration
opening. The date and time of this event will be posted
on the Monash Law Students’ Society website & Facebook
page closer to the competition date.
Competitors will be working in teams of three and will be
required to progress through the following tasks:
1. Takeover Advice – where students prepare a memo with
initial advice to the client
2. Pitch Presentation – where the top 8 teams deliver their
advice to their client in an oral presentation
3. Contract Analysis – where the top 4 teams will receive
a draft contract and must prepare a list of issues with the
document
4. Contract Negotiation (Grand Final) – where the final 2
teams will engage in face-to-face negotiations to develop
the final details of the bid implementation agreement.
The Mergers & Acquisitions competition is designed
to test the students’ whole toolbox of legal skills – from
giving advice and presenting a pitch to contract analysis
and negotiation, and everything in between. This is the
ultimate experience for anyone wanting to see what real
life lawyering is about. It is also an incredible opportunity
for skill building and networking as each stage of the
competition is assessed by Gilbert + Tobin lawyers, with
the Grand Final negotiation being held at the firm’s office.
This competition is open to LLB and JD students who
have completed Corporations Law and Contract A
& B prior to Semester One or Trimester Two 2015,
respectively. Students wishing to participate in the
Mergers & Acquisitions competition must register
themselves online before the commencement of Round 1.
In order to be able to register, students MUST be available
on all of the following dates:
• Stage One: Thursday 9 April
• Stage Two: Thursday 30 April from 6:00pm
• Stage Three: Wednesday 6 May
• Grand Final: Tuesday 12 May from 6:30pm
5. Paper Presentation - where students submit law essays
for judgement. This competition will run in August.
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Part 3: Getting the most out of your Degree
Skills Based Competitions:
Student Perspective:
What is the Competition?
By Jessica Richard
Client Interview Winner 2014
Client Interview
and more relaxing competition to take part in.
All law students are encouraged to enter the Monash Law
Students’ Society Client Interview competition regardless
of how many years they have studied law. Students will
need to work in teams of two, both acting as solicitors,
and interview a client who has come to their firm for the
very first time. Each team must provide a client who does
not need to be a law student.
The challenge of this competition is to successfully
conduct an initial interview with a new client regarding a
mystery legal problem. The aim of the task is to be able to
tease out all material facts from the client regarding their
‘legal dilemma’, work out their legal issues, and provide
practical advice and solutions to these issues.
This competition gives you the chance to improve your
problem solving, teamwork and communication skills.
These skills are so crucial to your law degree and careers
beyond. Furthermore, participating in this competition
exposes you to what real industry experience is like and
gives you the chance to meet other law students and
network with professional members of the industry along
the way.
Client Interview
or prospects of success. Overcoming these obstacles and
seeing the fragments of information develop into a clear
narrative is a particularly rewarding experience.
You’ve heard it before: the practice of law demands an
excellent command of language and legal reasoning skills,
and a sound knowledge of case law and legislation. Yet
as many lawyers will tell you, the key to successful legal
practice is the ability to communicate and engage with
your client.
Competition dates in 2015 are as follows:
• Round One: Monday 9th March 2015
• Round Two: Wednesday 11th March 2015
• Quarter Final: Monday 16th March 2015
• Semi Final: Wednesday 18th March 2015
• Grand Final: Monday 23rd March 2015
The Client Interview Competition is essentially a mock
preliminary meeting between a team of two students,
who act as solicitors, and a potential client. The team’s
task is to draw out material facts relating to the client’s
situation and identify potential legal issues. The client is
the centre of legal practice – a lawyer is not authorised to
act on the client’s behalf without their instructions. The
Client Interview Competition prepares participants to
obtain clear and accurate instructions from the client, and
develop preliminary advice on possible courses of action.
All the teams are awarded a score for their performance
based on the number of facts ascertained, teamwork skills
and their level of professionalism. 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.
Who can participate?
Why Participate?
Several hours before the interview, teams will be given
a short brief with possible hints as to the nature of the
client’s problem. Each team’s client will be interviewed by
another team so as to be impartial.
Approximately two weeks before the commencement of
Round 1 a registration link will be posted on Facebook.
In order to participate, please click on the link and fill in
the details to register. Register quickly to secure a place!
There is a cap on the number of competitors and this
competition has historically been the most popular.
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.
What are the benefits of competing?
The Client Interview competition is the first competition
that takes place each year and is often the first lawrelated competition first year students participate in.
It is an extremely fun and rewarding opportunity to
make friends. It has been argued to be the most fun
competition, particularly due to having a theatrical client
is bawling their eyes out because they were robbed or
screaming at you because they hate lawyers.
When does the competition run?
The Client Interview competition will be held in Semester
One, commencing in week 2.
Every student who wants to compete must be a member
of the Monash Law Students’ society for 2015. This
competition is suitable for students of all levels of their
law degree, involving no specific legal knowledge.
How do you sign up?
More information regarding the competition will be
available closer to the competition date. Look out for
the Competitor’s Guide. For any further questions
please contact the Competitions Team by email at
[email protected].
A key benefit of this competition is that it does not
require students to undertake any prior substantial
research or preparation. This may be a little less daunting
86
Aside from the relatively minimal time commitment and
formal preparation, the Client Interview Competition is
an excellent opportunity to finesse your communication
skills and your ability to quickly establish a rapport with
your client. Client interview skills are also transferable to
careers in the public and not-for-profit sectors. Knowing
the right questions to ask – and how to ask them – is
essential to engaging with clients and stakeholders alike,
especially where the information is sensitive or potentially
damaging. Given that networks are a source of knowledge
in these sectors, showing empathy and building trust can
be crucial to gathering accurate information.
Being attentive to a client’s non-verbal cues is another
valuable skill that is highlighted throughout the
competition. Complications may arise where a client
deliberately obscures key facts, dismisses certain details
as inconsequential, or is hesitant to reveal a crucial yet
damaging piece of information. Teams that can pick up
on subtle details and skilfully test their client’s version of
events will be better placed to ask pertinent questions and
build the client’s confidence.
… It’s Not All About the Client
As I discovered soon after the first round of interviews,
this competition is as much about improving your
teamwork skills as it is about client-focus. A critical
part of preparing for the client interview is acquainting
yourself with your teammate’s interview style. With
practice, my teammate and I were able to adjust our
questioning approaches and tactics to suit our client’s
reactions. Having an understanding of each other’s
interview strengths and supporting each other’s
judgment calls greatly contributed to our success in this
competition.
The Client Interview Competition is a great introduction
to the many LSS competitions offered in 2015. It’s a
fantastic opportunity to hone your interpersonal and
client-focus skills, as well as network with other students
and legal professionals.
Highlights and Challenges
The chance to “play lawyer” is arguably the most
enjoyable part of the Client Interview Competition. As in
a real-life client interview, you can’t predict with absolute
certainty what to expect. Not knowing who will be there
to seek your advice – a businessperson navigating a
delicate legal situation, a newly-arrived refugee, or a lay
person who is convinced that their understanding of the
law is correct – is equal parts exciting and challenging.
Moreover your client may react unpredictably, or may
have unrealistic expectations of their legal entitlements
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Part 3: Getting the most out of your Degree
Skills Based Competitions:
Student Perspective:
What is the Competition?
By Toby Rozenblit and Jason Segal
Negotiation Winners 2014
Negotation
The Monash Law Students’ Society Negotiation
Competition is designed to target the increasingly
prominent dispute resolution technique of negotiation.
The competition is particularly popular as it requires no
specific legal knowledge.
A team of two law students act as solicitors with the
task of negotiating against the opposing party’s team
of two solicitors. The competing teams each strive to
achieve their client’s desired outcome, without making
unnecessary or excessive concessions in order to appease
the opposing party. Several hours before the competition,
each team will be given a set of confidential facts
relating to the client that they are representing. This
set will include your own client’s version of any events
that transpired and what your client wants from the
negotiation process, their side of the dispute and a list of
their demands and restrictions. They are also given a set
of common facts that set out the general outline of the
dispute.
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.
Teams are awarded a score for their performance based
on the way their clients’ needs and restrictions were met,
their teamwork skills and their level of professionalism.
What are the benefits of competing?
Negotiation is an entertaining and practical competition,
given the nature of alternate dispute resolution in the
industry today. One of the most rewarding competitions
you can take part in, this competition requires your
ability to think on your feet, your teamwork and your
communication skills. This competition does not require
any prior research, preparation or legal knowledge but
instead focuses on personal skills and common sense.
Thus, it may be a less stressful, and more fun competition
for you to participate in. Here is an opportunity to
practice your communication, problem solving,
teamwork and interpersonal skills – so integral to your
studies and career.
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. It allows you to network with professional
members of the industry as judges and sponsors. Also
note that the winning team will have the amazing
opportunity to represent Monash University at the 2015
ALSA Conference (held in the mid-year break).
When does the competition run?
The Negotiation competition will be held in Semester
One, commencing in week 4.
Competition dates in 2015 are as follows:
• Round One: Tuesday 24th March 2015
• Round Two: Thursday 26st March 2015
• Quarter Final: Monday 30th March 2015
• Semi Final: Wednesday 1st April 2015
• Grand Final: Thursday 2nd April 2015
Who can participate?
Every student who wants to compete must be a member
of the Monash Law Students’ society for 2015. Monash
law students from all year levels are encouraged to enter.
How do you sign up?
Approximately two weeks before the commencement of
Round 1 a registration link will be posted on Facebook.
In order to participate, please click on the link and fill in
the details to register. Register quickly to secure a place!
There is a cap on the number of competitors and this
competition is open to students of all year levels.
More information regarding the competition will be
available closer to the competition date. Look out for
the Competitor’s Guide. For any further questions
please contact the Competitions Team by email at
[email protected].
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Negotation
Another worry for many students is the time
commitment – while Law school can sometimes be
hectic, the competition was very manageable. For every
round except the final, the rounds ‘problem sheet’ would
be released on the afternoon of the competition, and we
would have a few hours to prepare for that night (for
the final, we were given the sheet the night before). The
competition takes place at the start of the semester when
workloads typically aren’t as high, so once again it should
be manageable for most students.
When most people think of Law school, they imagine
long, drawn out lectures and endless hours spent reading
cases. However, each year the Monash LSS runs a wide
variety of competitions which many first year students are
unfortunately unaware of. Last year, as first year students,
we decided to enter the Monash Law Negotiations
competition and try our luck against a predominantly
older competition. This would arguably be one of the best
decisions we’ve made so far at Monash.
Overall the negotiations competition was an amazing
experience that we would both strongly recommend to
every student at Monash. Not only does it allow you to
improve skills that you will need to use as a practicing
lawyer, but it is also a lot of fun and a great way to meet
other law students. If you’re considering competing this
year, the best advice we can give you is to stop thinking
about it and just do it – we promise you won’t regret it!
The first thing to note is that the negotiations
competition, like many other Law competitions, requires
no specific law knowledge. This means that although
a 3rd or 4th year law student might have a greater
understanding of the law than you do, it gives them little
practical advantage when they come up against you. In
fact, older students that you compete against are often
only doing the competition for the first time themselves!
As shown by our result, it doesn’t matter what year you’re
in – the competition can be won by anybody.
The competition itself was a lot of fun and a great
forum to meet other law students at various stages
of their degree. Having to use our negotiation skills
in a competitive environment challenged us to think
on our feet, adapt to evolving scenarios and plan for
the task at hand. We found that we performed better
when we were working with the other team to find a
solution, rather than high jacking the discussions with
an uncompromising position. Ultimately, to get the best
outcome for your client you need to concede to some
demands, but also know when to draw the line and stand
your ground.
The final of the competition took place at the Corrs
Westgarth CBD office, and was judged by a senior partner
of the law firm. Having a professional and reputable
lawyer judge us in such a setting was an incredible
experience and a definite highlight of the competition.
The semi-final was also judged by a graduate lawyer from
Corrs, which meant that we were given a lot of feedback
and useful skills that we’ll hopefully be able to someday
use as lawyers.
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Part 3: Getting the most out of your Degree
Skills Based Competitions:
Student Perspective:
What is the Competition?
By Hazel Whalley
Witness Examination Winner 2014
Witness Examination
The Monash Law Students’ Society Witness Examination
competition is a great way to practically test out your
legal skills through taking part in a simulation of a civil
or criminal trial. Unlike other competitions, this is an
individual competition where you get to act as a barrister.
However, competitors must supply a ‘witness’ to act as the
person who is to be examined, who does not have to be
a law student. Witnesses will not be interviewed by their
respective competitor so as to be impartial.
Teams will receive the problem on the day of competition
to prepare for the examination. Competitors will then be
paired with a ‘witness’ and have half an hour to ‘prepare
that witness’– explain to them how they should answer
certain questions on the stand etc. Each barrister will
either be counsel for the prosecution or defence and so
will need to determine an appropriate line of questioning
accordingly.
Competitors will be marked based on the strength of
their examination-in-chief, cross-examination, closing
statement and overall style. Specific criteria include the
general flow and logic of the competitor’s questioning,
as well as how much the competitor has successfully
undermined the credibility of the opposing witness.
What are the benefits of competing?
Participating in the Witness Examination competition
provides the perfect opportunity for you to embrace
your inner-Atticus Finch and be able to examine and
cross-examine a witness in a mock court case. Less time
consuming than several of the other competitions such
as mooting, this competition does not require any prior
research and little preparation.
There is no requirement of having done Evidence Law
beforehand as relevant statute and law will be given to
you in your brief. Although Evidence Law may be helpful,
it is in fact not at all necessary and many past winners of
the competition had not completed the subject.
Competitors will be given a 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.
When does the competition run?
The Witness Examination competition will be held in
Semester Two, commencing in week 2.
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.
Competitors will be given both witnesses’ statement of the
facts so that they are able to adequately prepare questions
to prove the credibility of their own witness or to rebut
the credibility of the opposing witness.
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. Essentially, your task will be to ascertain
the facts of the case, establish credibility for your case and
highlight any inconsistencies in the opposing counsel’s
case through the examination and cross-examination of
witnesses.
• Round One: Monday August 3rd 2015 (all competitors)
• Round Two: Wednesday August 5th 2015 (all
competitors)
• Quarter Final: Monday August 10th 2015
• Semi Final: Wednesday August 12th 2015
• Grand Final: Monday August 17th 2015
Who can participate?
Every student who wants to compete must be a member
of the Monash Law Students’ society for 2015.
How do you sign up?
Approximately two weeks before the commencement of
Round 1 a registration link will be posted on Facebook.
In order to participate, please click on the link and fill in
the details to register. Register quickly to secure a place!
There is a cap on the number of competitors and this
competition is open to students at all levels.
For any further questions please contact the Competitions
Team by email at [email protected].
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Witness Examination
Naturally I believe the Witness Examination competition
is an essential part of any Law degree at Monash.
Especially in your first year use this competition to
socialise with other students as well as find career
direction. This competition affirmed for me that I want to
work as a Criminal Defence Barrister and with this small
piece of additional experience and confidence under my
belt I can embark upon this path. Hopefully you take part
in this competition and gain as much from it as I have.
2014 was the first time I competed in the Witness
Examination competition and provides my first piece
of advice - get involved in all university competitions as
soon as you can. What this passage will show you is that
these competitions are a great way to interact with other
students, push yourself outside your comfort zone and
gain valuable career direction.
The structure of this competition is relatively straight
forward - around two hours before you present you are
given a brief which you study and form an avenue of
defence or prosecution upon. Make sure to leave adequate
time to brief your witness, as they can be your best asset,
then you present your case in an adapted court style.
The absolute highlight from my experience was
competing in the grand final, it is something to aim for
and well worth it if only for the invaluable feed back you
get from your judges, one of whom in my case was a
County Court Judge. An additional novelty is the chance
to try robes on for the first time!
The competition is not largely time consuming, given the
short amount of time between the release of the brief and
the start of the evenings proceedings. Therefore I would
not allow any apprehension about work load to stop
you from partaking. That being said, use the time you
have wisely. Develop a clear argument and make sure all
questions support your theory of events in a consistent
and logical manner. You should also allocate time to think
about the arguments the opposition may raise as well
as pieces of your own evidence they may object to. For
example being aware of exceptions to hearsay evidence
which may be valuable to your case.
However be prepared to be outside your comfort zone.
Litigation is for most a new style of presenting and the
judges will ask you to justify your arguments when
objections are made. This competition develops your
ability articulate your opinions without the comfort of
pre-written notes and also the ability to adapt you lines of
questioning where necessary.
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Part 3: Getting the most out of your Degree
Skills Based Competitions:
Student Perspective:
What is the Competition?
By Nicholas McMaster
Paper Presentation Winner 2014
Paper Presentation
and verbal communication skills, and to meet other
like-minded law students and professional members of
the industry along the way. The chance to be in the top
three and maybe win a prize is really exciting. After the
competition you may have the chance to relax with drinks
and canapés and be able to talk with other competitors
and judges too.
Is essay writing your forte? The Monash Law Students’
Society Paper Presentation competition is a fantastic
opportunity to submit a previously completed law essay
that you may be particularly proud of. This paper may
come from any subject you have completed during your
degree, such as Property Law or Constitutional Law. Your
legal research paper is required to be between 2000-5000
words in length and must have received 70 Distinction or
over when originally graded.
When does the competition run?
All the papers submitted will be remarked and judged.
Then, the authors of the three best papers will be
determined and invited to compete in the Grand Final.
These three finalists will each give there a short 10 minute
speech and PowerPoint presentation on the topic of
their papers. This will be with a 5 minute allowance for
questions from the bench. The questions will be asked by
a panel of experienced members of the legal profession
about the particular area of law written about in the given
paper.
What are the benefits of competing?
There are a multitude of benefits why you should compete
in the Paper Presentation competition. Considering that
the paper is already written, the hardest part is done!
Participating in this competition may fit your schedule
better than the other Monash Law Student Society
competitions as it is much less time consuming. This is
because it does not need to involve multiple rounds of
competition for finalists to be chosen.
At the crux of this competition is an academic focus.
There is an opportunity to immerse yourself in your
chosen topic and develop your expertise in a particular
field of law. This competition may be motivating for you
to try your best to write the best essay you can for one
of your subjects or it may be refreshing for you to retain
your deep understanding of the area of law you have
studied. The latter is what, after all, law school is for.
Furthermore, there is the opportunity to gain an insight
into other areas of law that you may have not yet studied
in your degree.
The Paper Presentation competition will be held in
Semester Two, with the Grand Final being held in Week 5
on Monday 24th August 2015 for undergraduate students.
The Grand Final for JD students will be held in Week 1.
Who can participate?
Every student who wants to compete must be a member
of the Monash Law Students’ society for 2015. Unlike
other Monash Law Student Society competitions, there
is no cap on the number of possible entries in the Paper
Presentation competition.
The Paper Presentation competition may be entered into
by both 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.
Paper Presentation
The paper presentation competition is an opportunity
for students to present an essay on a legal issue of interest
to them. The competition is a great way to share your
passion for a particular area of the law with other students
and to learn some new things yourself.
For the 2014 competition I presented a paper covering the
assessment of liability for accidental GMO contamination
of conventional (non-GMO) and organic crops. The essay
was completed as part of the assessment for LAW4193,
Biotechnology and the Law.
This meant that apart from stringing together a somewhat
dodgy power point the workload for competing in the
competition was extremely low. I would recommend
this competition to any student who’s enjoyed writing a
legal essay as part of their degree, you don’t need to have
obtained a great mark, just a bit of passion for what you’ve
written.
How do you sign up?
Approximately two weeks before the commencement of
Round 1 a registration link will be posted on Facebook. In
order to participate, please click on the link and fill in the
details to register. Unlike other competitions, there is no
cap on the amount of entrants.
More information regarding the competition will be
available closer to the competition date. Look out for
the Competitor’s Guide. For any further questions
please contact the Competitions Team by email at
[email protected].
How great is it to have people attentively listening to
you and appreciate the research that you’ve done? This
competition is a great way to improve both your written
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Monash Law Guide 2015
Part 3: Getting the most out of your Degree
Monash Association of Debater’s
The Monash University Law Review
What is MAD?
What is the Monash University Law Review?
provide a safe and supported platform to build confidence
in public speaking.
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.
Additionally, MAD runs numerous socials during the
year, and provides a great avenue through which you
can 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 University Law Review is the scholarly
referred academic journal of the Monash Law School.
Three editions are published annually with the 2015
edition being Volume 41. Articles included in the Review
are submitted by highly regarded legal academics,
practitioners and the judiciary. The articles generally
discuss topical legal issues that further academic debate in
the area.
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
How to Get Involved
Who Can Join MAD?
Also, check out our website, available here, and if you
have any queries, send through an email to enquiries@
monashdebaters.com
MAD was established over 50 years ago, and has had
tremendous success in both the national and world
debating circuits over its rich lifespan.
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.
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.
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.
Law students can contribute to the Review as editorial
committee members and, following at least one year of
membership, three or four students will be selected as
student Editors.
as well as other high achieving LLB and JD students who
have applied directly.
Students may apply by emailing the Editors at law.
[email protected] with a cover letter outlining their
motivation and suitability for a role with the Review.
Applicants are required to attach their CV and most
recent unofficial academic transcript. Following initial
applications, selected students will be asked to complete
a short editing exercise before the official editorial
committee is announced.
When Does Recruitment Take Place?
Recruitment takes place in January/February each year.
It is best to email applications following advertisements
in the Law Student Gazette and Law Students’ Society
Bulletin. Any queries regarding applications should be
directed to the Editors at [email protected].
Involvement with the Review develops valuable practical
skills in legal research, writing and editing and is highly
regarded by potential employers. Past editorial committee
members and student Editors have led 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; Andrew
Deszcz, partner at King & Wood Mallesons and Arie
Freiberg, former Dean of the Faculty of Law.
LAW4808/4809: Law Review Editorship 1 & 2
Monash runs two units that editors of the Law Review
can enrol in. In these units, editors can obtain credit for
the work they complete for the Review.
Please note that this elective will contribute towards
your compulsory Research Project Unit. For a full list of
compulsory units, click here.
Editorial committee members assist with the editing
process by reviewing articles submitted for publication
in the Review. This typically involves ensuring footnotes
and references comply with the Australian Guide to Legal
Citation, checking the accuracy of quotes and pinpoints,
as well as general grammar, spelling and comprehension.
Time Commitment
Student editorial committee members generally complete
three to four edits per year, consisting of half or a third
of a full article. On average, this takes 10 hours. Students
usually have two weeks to complete an edit. Training is
also provided to all new committee members.
All committee members are invited to join the Editors,
contributors, referees and other guests at the Annual
Dinner.
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
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How to Apply and Selection Process
The editorial committee consists of students invited by the
faculty in recognition of their excellent academic results,
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Monash Law Guide 2015
Social Justice and Equity Initiatives
By Gen Bolton
Monash LSS Director of Social Justice and Equity 2015
This year, we’ve planned heaps of opportunities for law
students hoping to learn more about social justice and the
law.
Just Leadership Program
Social Justice Guide 2015
The Just Leadership Program 2015 will be open for highachieving applicants in semester one. The program offers
an intensive social justice seminar series focusing on how
you, as a law student, can make a difference to the way
the law affects the disadvantaged. See the below article for
more information.
The Social Justice Guide 2015 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 information on various pro bono and social
justice-oriented firms, legal volunteering and intern
opportunities, and alternative legal pathways.
Clayton’s Law
To keep in the loop with our social justice events and the
latest news in Australian law and social justice, Clayton’s
Law is the Monash LSS’s social justice blog. Clayton’s
Law provides a voice for student commentary, including
articles, editorials and new surrounding legal and
newsworthy issues and debates.
It also provides detailed advice for students coming from
disadvantaged backgrounds, and the legal opportunities
and networks available to help with their specific needs.
Such areas will include but not be limited to Indigenous
rights, gender inequality, rural isolation and support
for low socio-economic students. We aim to launch the
Guide in mid-April 2015.
Social Justice Seminars
This year we’re holding six seminars throughout the year
focusing on issues you care about. In the past we have
featured topics such as gender in the law, the environment
and family violence.
In the past we have had speakers including the
Honourable Michael Kirby AC CMG, Attorney-General
Robert Clark, former Attorney-General Rob Hulls, as
well as members of Legal Aid, Transgender Victoria and
many other organisations. In the year ahead we plan on
introducing further seminars on subjects that matter to
you, so stay tuned as we release more details about our
seminars throughout the year.
If you’re new to the Monash Law School and confused
about where in the social justice world your degree can
take you, come along to our social justice pathways
seminar early in first semester. If you want to learn more
about how to pursue your social justice passions during
your time at Monash, this information will provide you
with information on alternative pathways and career
options that the Monash law degree can open up to you.
From human rights-focused law electives, to volunteering
in a community legal centre, this session will give you an
opportunity to hear from current students with similar
interests to you and professionals working within the
field.
Clayton’s Law is particularly focused on social justice and
equity issues, and is also a canvas for students to send
through their creative writing, interviews, reviews and
comedy.
Student Equity
The Monash LSS firmly believes that an individual’s
background or circumstances should not limit
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.
opportunity for students to network and be inspired by
women who have strived, and achieved, success in the law
profession.
In 2014, the Monash LSS was proud to welcome Justice
Marcia Neave AO of the Victorian Supreme Court, Court
of Appeal; Ms Jane Dixon QC; and Ms Michelle Dixon,
CEO of Maddocks, as keynote speakers. The event will be
an opportunity for students to hear the perspectives and
experiences of women in the law amongst various legal
professions.
Everyone is more than welcome to attend. Further
information on ticketing and attendance will be available
on Facebook in the coming weeks.
Textbook Equity Grants
The Monash Law Students’ Society recognises that
financial and other personal circumstances may place an
unwarranted strain on student wellbeing. In particular,
we recognise 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 to support
students in purchasing their textbooks and learning
materials. Applications are assessed individually on their
merits and demonstration of financial need. Successful
applications 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.
The LSS is proud to run the Textbook Equity Grants in
conjunction with the Monash Law Faculty and Legibook.
Applications for semester one 2015 open Friday 23
January 2015 and close on Friday 27 February 2015.
Women in the Law Breakfast
The annual Women in Law Breakfast is a showcase of the
achievements and insights of women who have succeeded
and flourished in the legal profession. 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
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Part 3: Getting the most out of your Degree
Monash Law Guide 2015
Part 3: Getting the most out of your Degree
High Academic Achievers’ Program
The Ambassador Program
The High Academic Achievers’ Program recognises
The Ambassador Program offers a range of
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. 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 40
highest performing students.
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 High Achievers’
participate in a mentoring program and will be invited to
attend workshops and staff seminars.
2. ‘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. Highlights of the Program
The program provides a wide range of extra activities and
opportunities including a welcome dinner, where you
can meet and network with leading members of the legal
profession; the ‘Greet the Greats’ program in which small
groups of students meet with notable members of the
legal fraternity, including the Chief Judge of the County
Court and senior counsel.
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.
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.
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
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.
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.
Examples of 2014 Activities
If you have any questions please contact Lloyd England,
the Program convenor at [email protected]
1. 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.
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.
2. Project Management Series: teams of Ambassadors
create, prepare and launch a project, culminating in each
Ambassador developing an e-book of the work conducted
through the Series
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.
3. The Science of Public Speaking: the program taught
participants the 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.
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.
Ambassador Responsibilities
Examples of Recent Programs
1. ‘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
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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
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Part 3: Getting the most out of your Degree
Vice Chancellor’s Ancord Imparo
Student Leadership Program
Student Perspective:
The Ancora Imparo Student Leadership Program is a
By Kirsty Wynn
2012 Ancora Imparo Participant
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.
Ancora Imparo Program
According to first year me, developing leadership in the
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.
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.
huge, seemingly chaotic world of Monash seemed like
an ambitious (re: naive) task. First year me was pretty
certain there would be nothing covered in Ancora Imparo
I had not already been told, and even more certain there
had been no radical developments in leaderships so as to
render my previous experience worthless. Never liking to
be one to miss out though, first year me decided to apply
in spite of my suspicions.
Forming opinions whilst be able to give weight to other
considerations, is an essential skill for law students. In
Ancora Imparo, emphasis is on free thought and mutual
respect. Students are encouraged to always balance the
strength in their beliefs by considering its impacts on
others. As such, there are no leadership skills being
‘taught’ as typical ideas to be substituted for a focus on
ones own interests, an engagement with speakers and
development individual understanding are considered
key.
Being able to synthesise and make sense of large amounts
of information is duly, an essential skill for law students.
My Ancora experience let me know that my previous
stints with leadership were not worthless and most
certainly not irrelevant. Disregarding the false dichotomy
of old information versus new - I learnt that success
comes through the rich experience of both failures
and success. As discussed by many speakers, it is the
willingness to combine unfamiliar approaches and shape
them with our existing knowledge past which create more
advanced understandings going forward.
Ancora Imparo points towards academics and
professionals whom in their respective fields passionately
pursue their interests and strive for success without the
intention of attaining fanfare. Participants are encouraged
to be their own leaders. Participants are shown that
success can have a multiplier effect, whereby honing skills
in one area allowing it in others. Participants, by the end
of the one year are most crucially, primed to be brave in
thought, respectful in speech and always learning.
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Part 3: Getting the most out of your Degree
Peer Mentor Program
Just Leadership Program
By Ben Holding
Peer Mentor Coordinator 2015
The 2015 ‘Just Leadership Program’ is an initiative
The Monash Law Peer Mentor Program was the first
student to student mentoring program introduced into
Monash University and it is now commencing its seventh
year in 2015. Created and headed by Lloyd England, the
LLB Student Experience Manager, the program has grown
into becoming an important tool for first year students to
integrate into university life and their law degree.
Working in conjunction with the Law Students Society,
the program tries to facilitate introduction into university
life in a fun and supportive manner. When starting at
Monash Law, or any degree, new students experience a
mass of fresh information and experiences, which can be
overwhelming or difficult when coupled with the greater
independence and expectation of university life. Student
mentors can provide a personable and easily identifiable
source of support for new law students. It is much easier
to appreciate and understand information that is coming
from a relatable source. Hopefully, the relationships that
develop also contribute to forming a strong community
within a large faculty.
Various activities and events are held throughout the year,
the first and biggest of which is ‘Intro Night’, held on the
Friday before Orientation Week. It is always a fantastic
night, all the more exciting because it is the first time that
the first year cohort have a chance to meet each other.
In 2015, 70 mentors are involved in the program, chosen
from 158 applicants. Such a huge amount of support for
the program is a big validation that a sense of community
is valued within the law faculty.
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.
from the Social Justice & Equity Portfolio of the Monash
LSS. In its sixth year, the program seeks to build from
the strengths of previous years by providing two key
opportunities for students selected to participate.
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.
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 on Tuesday 14th of April and will close
on Friday 1st 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 [email protected]
Notable individual speakers in previous years have
included 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.
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.
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Part 3: Getting the most out of your Degree
Honours Program
Research Units
The Faculty of Law offers undergraduate students the
LAW4802: Research Practicum
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.
ability to further their interest in certain areas of law by
undertaking research units.
The units offered are:
• LAW4173: Research Unit A;
• LAW4174: Research Unit B;
• LAW4802: Research Practicum
LAW4173/4174: Research Units A & 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 should complete LAW4173 Research Unit A
first. Each unit receives six credit points upon successful
completion.
The Research Practicum affords students a chance to
complete a unique research project jointly defined by the
partner organisation and the Unit Convenor.
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 will undertake a formal 18 day placement at
one of 20 agencies. The partner organisations are leading
regulatory, law reform, service provision or policy-setting
organisations in the legal sector.
Assessment
The assessment for these units involve:
• Research paper; 5000-6000 words (100%)
The following units must be successfully completed before
enrolling:
• Foundations of Law
• Criminal Law 1
• Public Law and Statutory Interpretation
• Torts
• Contract A and B
• Consitutional Law
• Property A
This unit is not offered in 2015, but as a guide, the
assessment for 2014 involved:
• Negotiated research project 70%
• Negotiated project plan and journal reporting on
progress (2000 words) 20%
• Oral presentation on project and learning outcomes
10%
Please consult the Undergraduate Handbook for
assessment requirements and years offered at a future
date.
Effective from 2016, the Faculty will revise the basis for
awarding the Honours grades for LLB students in order to
communicate more clearly the relative achievement that
each Honours grade represents. It will also allow greater
comparability among LLB graduates who completed in
different years.
Every student will graduate with a Bachelor of Law
(Honours) but the ranking will be by percentile rather
than by GPA, as it currently exists.
Honours Grade
Student Percentile
H1
HIIA
HIIB
HIII
90th percentile
75th percentile
60th percentile
50th percentile
Prior to 2015, students who completed the unit
LAW5207: Research Unit 512 would achieve an extra 20%
added to their final mark for the unit. This would affect
their final academic average, and the grading of Honours
they received.
This unit was year long, with students completing
a 10,000 word thesis on a topic. They worked in
conjunction with a Faculty Supervisor, and were required
to present their thesis to their peers at a Honours
Conference at the end of the year.
Unit LAW4801: Honours Research Project is listed as a
unit that can be undertaken as the compulsory Research
Project Unit. The unit specifics, including effect on the
Honours Weighted Mark, are not yet defined. Please refer
to the Undergraduate Handbook in 2016, once the new
program as been determined.
Please note that this elective will contribute towards
your compulsory Research Project Unit. For a full list of
compulsory units, click here.
Submitting a completed application form is required for
this unit. The form can be retrieved here.
Contact Professor Christine Parker, the Chief Examiner
for more information; [email protected]
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Part 3: Getting the most out of your Degree
Perspective:
Honours Program
By Mandy Milner
Honours Program 2013
You 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. And I don’t regret my decision for a second.
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.
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 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.
Starting your Thesis
Sure, starting a piece of work that you know is going to
consume your life for the next eight 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.
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
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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 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.
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 Thesis Experience
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.
also critical for Thesis survival.
Proofreading
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 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!
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!
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
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Part 3: Getting the most out of your Degree
Master of Laws
Master of Laws Elective Program
Basic Information
• Six coursework units and a minor thesis of 12,00015,000 words on an approved topic.
• Study for one year full time or two years part time;
• Study at the Monash Law Chamber in the Melbourne
CBD;
• 48 credit points required.
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.
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
Further 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 for a list of available
units.
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.
Click here for more information about these alternate
Master Courses.
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.
What is the Masters of Law Elective Program?
The Masters of Law Elective Program allows
undergraduate students to undertake a maximum of two
postgraduate units during their final semester 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 here.
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 reading. For application inquiries,
please contact the Faculty of Law’s undergraduate student
services, via the askmonash portal.
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:
• 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).
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.
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.
Application Process
Eligible students will be invited to apply via email after
the semester two results are released. The email will give
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Part 3: Getting the most out of your Degree
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.
Perspective:
Further Study
ByTim 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)
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.
Monash LLB to Oxford BCL
The experience
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.
The application process
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.
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.
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 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.
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 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.
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LSS Social 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.
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 speciallytailored 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.
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.
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 wateringholes, 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.
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. Always a popular event
among students of all year levels, Booze Cruise is one of
our premier events of first semester.
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!
our members go head to head with those from other
universities in sports such as AFL and Netball. Make sure
you sign up and represent Monash!
Part 3: Getting the most out of your Degree
After Exam Parties
Every semester, the LSS is proud to host our After Exam
Parties 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.
We’re incredibly excited about what’s in store for
Activities in 2015, 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 [email protected] - 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.
If you have any questions, feel free to send an email to
[email protected]
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 2014, 1300 students attended a night
of opulence and splendour, with live bands, a 2-course
meal, unlimited drinks, fabulous themed decorations,
after-party 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!
Monash Sports Day
Started two years ago, the annual Sports Day sees
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PART FOUR:
So you have a degree, what now?
Read some inspiring stories from
former Monash Law Grads to get a
taste of your potential future!
FROM UNIVERSITY
TO CAREER
Monash Law Guide 2015
Part 4: From University to Career
Careers Services Offered by the LSS
Careers in Social Justice
The Monash LSS offers a wide range of careers services
For many law students, the world of commercial law,
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 options to help
students choose a career that best suits their interests and
experiences.
Publications
There are three 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.
The ‘International Careers Guide’ provides information
and personal insights into a vast range of overseas
opportunities- from competitions, clerkships,
secondments, overseas application processes and jobs in
International Law. Look out for it in early semester one.
Seminars
In 2015 we will also be aiming to host seminars on
working in boutique, small and mid tier law firms. Just
because you work in a smaller firm does not mean your
job will be less important or rewarding… or a smaller
commitment for that matter! We will also be holding a
seminar on pursuing a career as a barrister. There will also
be a seminar early in semester 1 on how to start getting
some practical legal experience early on in your degree.
Mock interviews and networking
Throughout the year, there are a number of networking
opportunities where students can meet and interact with
representatives from firms and organisations. There is
Networking Evening in first semester, primarily aimed
at penultimate students applying for clerkships, as well
as many sponsored networking afternoon teas at Taste
Baguette as well as other informal events which will give
you an opportunity to network. Some organisations will
also run mock interviews on campus, giving you a chance
to get lots of practice and instant feedback. It is never
too early to start networking and although it may seem
intimidating and weird at first, the only way to improve is
to practice.
Barrister Shadowing
If you’re studying law, you’re probably constantly
explaining to people the difference between a solicitor
and a barrister. But what does a barrister actually do?
Barrister shadowing is a great way to get an insight into
the life of a barrister! The program takes place in the July
holidays for 2nd years onwards and the September mid
semester for first years.
Beyond Commercial Careers
A new initiative in 2014 was the ‘Beyond Commercial
Careers Fair’ held in early Semester 2. This event was your
one-stop-shop for information about law careers with a
non-commercial focus. The event was attended by over 50
organisations, from Government agencies, not-for-profits,
law reform commissions and human rights organisations.
If you are interested in working in one of these areas,
you are also able to look at the 2014 Law Careers Guide,
which had a focus on non-commercial careers! This is
available online through the LSS website, or in the law
library.
So what sort of job will you do?
There are many career opportunities in law outside that
oft-discussed ‘solicitor in a big corporate firm’ and here
are some of them:
• Solicitor (boutique firm, small/mid/top tier firms)
• Community legal centre or legal aid
• Work for a tribunal (e.g. VCAT, AAT)
• Barrister
• Judge
• Judge’s associate
• In house lawyer (e.g. working as a lawyer for a bank)
• Government lawyer
• Law reform (e.g. Victorian Law Reform Commission)
• Office of Public Prosecutions
• Working for the Independent Broad Based Anti
Corruption Commission (formerly known as the OPI)
• Advocacy Work (e.g. Liberty Victoria)
• Public and Private International law (e.g. International
Commercial Arbitration, the UN)
• Non-Government Organisation (e.g. World Vision)
• Academia
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leadership and promote social justice within the community.
Seminar topics include the rights and laws concerning
asylum seekers, children, women, disabled individuals,
Indigenous Australians, the queer community and gender
identity, and homeless people. Participation in the program
involves a strong leadership focus, designed to equip and
develop students to become strong leaders in their fields in
the future.
corporations and contracts just doesn’t seem for them.
For some, starting a law degree involves wandering
how they can put it to use to help those who are
disadvantaged, indigenous people or asylum seekers.
Maybe instead of property, you’re more interested in
environmental law, human rights and other avenues in
which your law degree can be used in a social justice
perspective.
For those seeking an alternative legal career, the Monash
LSS Social Justice and Equity portfolio offers a range of
opportunities to learn more about how to save the world
and help those in need through the law.
To begin your journey, the Social Justice Avenues
Seminar in week two will provide an introduction to the
law electives, internships and volunteering opportunities
you can access during your time at Monash to learn
more about the social justice side of your degree. Come
along to hear from fellow students and lecturers who
are passionate about equity and fairness in the law, and
who want to carry on that passion to the next generation.
From as early as first year, you can gain exposure to
subjects, organisations, firms and people who can inspire
you to consider the law from an equitable approach
throughout the course of your studies and into your
career. Join us on Tuesday 10 March at Monash – students
from all year levels are welcome to attend.
Students chosen for the program will complete projects that
demonstrate their leadership skills, such as substantial law
reform pieces, which the VLRC, Lot’s Wife and Clayton’s
Law have published in the past. Participants will also create
and maintain a political dialogue with local members of
parliament, presenting an opportunity for students to further
broaden their skill base whilst pursuing and addressing
social justice. Keep an eye on the Monash LSS website and
social media for further details on the program and how to
apply.
To find out more about building a career in social justice, get
involved with Social Justice and Equity events and programs
throughout 2015. If you have any questions, feel free to
drop by the Monash LSS office or send an email through to
[email protected].
After hearing about where your degree can take you,
you’ll want to know more about who to contact and how
to apply for the many organisations and opportunities
that focus on social justice careers and helping those
less fortunate. The Social Justice Guide 2015, released
in April, is your manual to all you need to know about
your degree, seeking help in hard times, and pursuing
your dream career. It is a comprehensive guide to the
organisations you may want to work or intern with, plus
testimonials and articles from successful professionals in
the social justice legal community.
If you really want to pursue your social justice legal
career goals, a good step is to apply for the Just
Leadership Program. Maintaining a focus on issues in
the law, participants are invited to engage with quests
and organisations that are innovative, practice ethical
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Monash Law Guide 2015
Part 4: From University to Career
Perspective:
Career in Commercial Law
Perspective:
Career at the Bar
By Felicity Fox
Graduate, Herbert Smith Freehills
Monash Law Graduate, 2013
important as the large companies we act for! We’re very
privileged to be in a position where we have the resources
to be able to assist so many women every year.
By Nicki Mollard
BA LLB(Hons) M Bioethics, Monash University Lecturer
and Senior Fellow and Barrister (Greens List)
While saying goodbye to 11am wake ups, lazy
As cheesy as it may sound, one of the best things about
my graduate year has been getting to hang out with all of
the other grads! While I knew roughly half of the grads
when we started, I can now count the grads as some of
my closest friends. It’s so reassuring to know that you’re
learning and growing together, and that if you ever have
a question, someone else is likely to also have the same
one! Having such a large cohort across the two intakes
was definitely a draw card for me – and I think the fact
that I actually want to hang out with my work colleagues
outside of work is a testament to the inclusive nature of
the firm. There’s never a shortage of social events, and if
there ever is, we’re more than willing to organise one for
ourselves!
My first year at the Bar in 3 anecdotes
Wednesday afternoon strolls and 26 weeks of holidays a
year was tough, starting as a Graduate last year at HSF
was definitely worth it. I am loving the transition from
law school to lawyer, and it’s great to realise that all of
those years of exams and study were not for nothing!
There is always something new to do as a grad, and
everything provides a learning experience. That’s not to
say you won’t be doing important work – often you’ll
be deep in the trenches of a deal closing, working with
lawyers of all levels to make sure the deal goes through.
Being a grad through means that you’re never on your
own - you’re given so much support and mentoring along
the way, with your buddy and supervisor always willing to
have a chat and see how you’re progressing.
As a graduate you complete 3 x 6 month rotations, which
gives you a great opportunity to try out a couple of areas,
whilst still giving you enough time to get heavily involved
in the matters. I’ve loved my rotations, the first being in
Employment, Pensions and Incentives (EPI), and the
second in Project Delivery. It’s been great to work in such
different teams, and it’s meant that I’ve been able to meet
people from across the various areas of the firm.
I’ve assisted clients in Hong Kong, instructed Counsel in
the Magistrates’ Court and been involved in deals that are
splashed across the front page of the Financial Review.
I’ve also been able to get really involved with various
activities at work, including being the Chairperson of
the Social Committee, and taking on a couple of matters
through our pro-bono work with Justice Connect.
HSF undertakes work for the Women’s’ Homelessness
Prevention Program with Justice Connect, meaning that
we deal with all sorts of tenancy disputes for women who
are at risk of homelessness. Even as a graduate I’ve been
able to run my own files, attend hearings at VCAT and
run client meetings. The firm is so supportive of the work
we do with Justice Connect, with the clients being just as
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friends, towards the 500 waiting members of the Bar
gathered to welcome the judges of the High Court and
Courts of Appeal (and me) I still felt ‘new-kid-nervous’
but knew I was in good company there.
To wig or not to wig?
Learning my place
A week after I signed the Bar Roll two exciting things
happened; I got my first brief and I attended the Annual
Bar Dinner. I arrived at the Bar Dinner early; I was
‘new-kid- nervous’ and slightly lost (a bad combination
in a floor length gown and heels); and blithely followed
two men I recognised from uni days in ‘penguin suits’ up
elevator and down hall, then held my champagne glass
like a safety blanket and reminded myself to breathe! (On
reflection, not dissimilar to my first day in court really –
minus the champagne, which quite frankly, might have
helped!!).
In the true collegiate tradition of the Bar people
introduced themselves and an older gentleman asked
‘have you had a brief yet?’ I opened my heart and
recounted the true horror of my last minute dash to
Bendigo Magistrates’ Court where I had acted for
an intellectually disabled, drug addicted, homeless
indigenous woman trying to get custody of her baby
back from the State. ‘That’s some first case’, he said and
proceeded to tell me about his first ‘charity brief from my
brother’.
This conversation topic spread and soon everyone in
the room was awash with nostalgia sharing the story of
their very first brief. It was then that it dawned on me
that those two familiar faces from uni were not in fact
barristers; one was the then President of the Law Institute
and the other the then Shadow Attorney General. Why
were they at the Bar Dinner? I then wondered why there
were only 20 or so people at this Bar dinner given there
are 2000 odd (take that either way!) barristers at the
Victorian Bar and 500 attendees expected. No doubt
you’ve worked this out faster than I did; I had accidentally
been ushered into the VIP pre dinner drinks. Every
person who’d shared their ‘first brief story’ with me had
at one time been a barrister, but I was in fact the only
barrister in the room.
My second brief was an objection to a subpoena in the
County Court. It was part of a trial I wasn’t briefed in
and it was on at 10.30am. There are rules about when
one wigs and gowns and when one does not; in a nutshell
before 10am one doesn’t, and when part of a trial one
does. You see my dilemma.
I attended un-gowned to find his Honour and opposing
counsel wigged and gowned. Becoming accustomed to
being unaccustomed with customs of the Bar I ploughed
on and got that subpoena struck out! I then made an
application for costs which took his Honour by surprise
as he’d assumed I was a lay person and not a barrister!
My next wig and gown issue was handled with much
more aplomb. Following a spectacular wardrobe
malfunction on the train I dashed into chambers and put
my bar jacket over my now fairly useless shirt. I was due
in court (after 10am – thank goodness!) but arrived to
find her Honour not wigged or gowned. To my relief my
opposing counsel was also wigged and gowned – and she
whispered to me, ‘I can’t take my gown off, I’m still in last
night’s dress!’. We remained gowned; we remain friends!
Waterloo (or “I feel like I win when I lose”)
Sometimes your clients give you bad instructions.
Contrary to my advice I was instructed to make a bail
application for a homeless man with a very long list of
priors for violence. The application was being made too
soon; that was my advice, the prosecutor’s submissions
and ultimately the judge’s ruling.
The prosecutor looked familiar; I’d taught him Criminal
law 10 years earlier. As he walked away from the court
room he pulled a Lleyton Hewitt style celebratory
“C’mon” and then I overheard him on his mobile telling
his friend “Guess what? I just beat our old Crim lecturer
in court!”.
As I proceded down the staircase with my new found
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Monash Law Guide 2015
Part 4: From University to Career
Perspective:
Victorian Government Solicitor’s Office
What is VGSO and what does it do?
What might a typical day in the life of a VGSO
lawyer involve?
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.
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 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.
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.
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.
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.
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.
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.
Practice areas
• 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
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 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.
For more information on programs and application
dates, please refer to the VGSO website here.
Perspective:
Consumer Action Law Centre
By Amanda Storey
Consumer 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.
not-for-profit 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 notfor-profit job boards if they are interested in working at
Consumer Action.
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.
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
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Monash Law Guide 2015
Part 4: From University to Career
Perspective:
Asylum Seeker Resource Centre
What the ASRC does
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.
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.
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.
What skills do prospective volunteers/interns/
employees need to work at the Asylum Seeker
Resource Centre?
• 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)
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.
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.
The ASRC also runs several evening information sessions
throughout the year where prospective volunteers have
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Perspective:
Public Policy
By Adam Ch’ng
Advisor, Workplace Relations and Legal Affairs,
Australian Chamber of Commerce and Industry
Otto von Bismarck, the Iron Chancellor of Germany,
famously opined that, “laws are like sausages, it is better
ot to see them made.” But what if you could influence the
making of the sausage? Greater still, what if you could
nfluence the design of the sausage maker? Surely then, a
front row seat might not sound so unappealing.
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.
Our principles are two-fold: a free enterprise economy
and a democratic government.
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.
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.
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.
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.” 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.” ACCI is an institutional member of that
conversation – a conversation into which you are also
invited.
For more information, click here or contact Adam Ch’ng
at [email protected].
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.
My role at ACCI is to represent business wherever,
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Part 4: From University to Career
Perspective:
Perspective:
Judge’s Associate
Careers outside the Legal Industry
By David Barda
Senior Associate to Justice Neave, Court of Appeal,
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 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.
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.
By Peter Li
Analyst, Bank of America Merrill Lynch
Where do you work and what is your role there?
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.
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).
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.
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What is your advice to law students who want to
pursue a career in this area?
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.
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!
How did you progress into that role after
graduating from university?
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.
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.
What does a typical day at work look like for you?
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.
Other highlights include working on complex, large-scale
transactions with billion dollar companies. I have already
worked on a demerger, a public market takeover and
private company sales, amongst various other projects.
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.
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 is the highlight of your experience working
in this area?
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.
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Part 4: From University to Career
The Criteria for Being Admitted to
Practice as a Lawyer
Applying for Clerkships
To be able to practice as a lawyer in Victoria, you must
What is a clerkship?
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.
Criteria 1: Approved Academic Qualifications
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.
The Need for Candour
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 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)
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.
Criteria 3: Suitability
• 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
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.
To apply for an academic conduct report, click here.
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 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
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:
• Findings of guilt of an offence in Australia or overseas
• Mental impairment, including alcoholism or drug
dependence
• Academic or general misconduct
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.
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.
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. 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.
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.
Signatory and non-signatory firms
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
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held for. Non- signatory 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. Please click here for a list of
signatories.
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.
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 so you can tailor you letter for the firm you
are applying to.
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.
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
What are the specific dates?
Click here to access the Seasonal Clerkship Guidelines
Schedule for specific dates. This is updated every year.
For a more comprehensive guide to the clerkship process,
please consult the most recent Monash Law Students’
Society’s Seasonal Clerkship Guide. 127
Monash Law Guide 2015
Part 4: From University to Career
Traineeships and Practical Legal
Training
What is a Traineeship?
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.
Reflections of a Recent Graduate
By Gab Bornstein
Graduated 2014
not the end of the world. I failed my first law assignment
but ended my degree with an HD average. Law
assessments and exams are a big adjustment but one that
you can make either with a bit of luck or effort.
I started my Law/Science Degree in 2010. 5 Years later
I’m done and dusted but lucky enough to have loved both
my degree and my university experience.
What are the specific dates?
Consult the Law Institute Victoria Traineeship Guidelines
2015 (Traineeship Guidelines) for specific dates. In 2015,
Traineeship applications open on Monday 20 July.
The best advice that I can give for university is be
involved. Law lectures should be complemented by Booze
Cruises, Mooting, Law Ball, ALSA and sneaky trips
overseas. Don´t worry though, being involved does not
mean that you have to take up every activity, it´s about
finding things and people you like so that Clayton looks
less daunting.
What other options are there?
The Beginning
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
Find a good group of people and work together, you will
all pick up different parts of the problem and can share
resources.
The Extras
Internal and External Competitions are a great chance for
a bit of fun, a lot of experience and if you´re lucky some
travel opportunities. Chose your poision, the adversarial
style mooting, the perceptiveness of client interview or
the smooth talking negotiation competitions.
Booze Cruise, Law Ball, The Comedy Revue and First
Year Dinner are all great nights not to be missed.
Speak to as many people as you can in O Week and
through Peer Mentor Programs. Everyone is new and
your best chance of finding like minded people is getting
to know as many people as you can.
Travel
Go on law camp if you can. An awesome weekend away
run by your LSS is the perfect induction to your time in
building 12 and will ensure lots of familar faces in the law
library as semester kicks off.
Don´t stress if you can´t make it though, I went on
science camp (my other degree) instead and had an
awesome time and still made friends within law. A
word to the wise, costumed events are taken seriously at
Monash and you should definitely commit to dressing
up at law (or any other) camp. If this isn´t your thing, try
something that one of the other clubs has to offer. Just
because you´re a law student doesn´t mean you only have
to hang around with law students.
As great as Clayton is, try to spend some of your degree
overseas. I was lucky enough to spend a year studying in
London, where I was in the heart of the international legal
community. But you can also go to Monash´s campus in
Prato, do an international moot or do an international
internship through the Castan Centre.
The most important thing to do in first year is get the lay
of the land. Figure out the balance that you need of study,
work and fun in order to get the results you want.
The Learning
Lectures can be pretty daunting. In Contracts, foreign
words and novel concepts come fast and thick. Don´t be
overwhelmed by your reading, if you can´t get through
it, focus on understanding the key concepts and cases
in lectures rather than reading every judgment. Try to
prepare for your tutes. You can also go to LSS student
tutorials or PASS tutes for extra help.
However, if you do poorly in your first year subjects, it´s
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