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Monash Law Students Society

Careers
Guide
2016-2017 Edition
E nor mou s a mou nt s of t h a n k s t o t he Mon a sh L S S C a reer s P ubl ic a t ion s
sub com m it t ee for t he t i me t he y sp ent org a n isi n g a nd c re a t i n g cont ent for
t h is G u ide. W it hout you r pa t ience a nd ded ic a t ion, t h is G u ide wou ld not
h ave come t o f r u it ion.

Aimi Tran Henry Ja


Alexa Sakkal Kalidu Wijesundara
Ali Davies Navina Samuel
Georgie Owen Taylor Petrucci

We t h a n k a l l t hose w ho h ave cont r ibut ed t hei r t i me, ex p er t i se a nd w i s -


dom t o pro duce t he cont ent s of t h is G u ide, a nd for i l lu m i na t i n g law st u -
dent s w it h t he k now led g e t h a t t he y h ave a cc u mu la t ed f rom t he law i ndu s -
t r y over t he ye a r s.

We a l so t h a n k E d w a rd C heon g, Ba chelor
of Biomed ic i ne a nd L aw s st udent , for prov id i n g phot og r a ph s for t he G u ide.

Fi n a l proof re a d i n g, ed it i n g a nd g u ide desi g n p er for med by :


Director of Careers - Caitlyn Burgi
Careers Officer and Editor-in-Chief - Jane Shaw
Forewords
On behalf of the Monash Law Students Society (Monash LSS), it is my great
pleasure to welcome you to the Careers Guide 2016-2017.

This publication seeks to provide students with a holistic outlook on the abundance of career
opportunities available to them, and will be an invaluable resource to students at all stages of
their degree.

You often hear daunting facts and figures about how difficult it is to get that mythical graduate
position at the best law firms. These stories are regularly grossly exaggerated and do not rep-
resent the true reality for graduates, especially those from Monash law.

Never before have Monash law graduates had the opportunity to participate in such a wide
range of meaningful and rewarding professions across a variety of fields. You could work at
one of the 50 Community Legal Centres across Victoria (or 200 in Australia), participate in
further study and become an academic or work as in-house counsel for a corporation. This
positive outlook is supported by an array of opportunities for law student recruitment in the
contemporary market.

There is currently additional demand for legal practitioners in rural, regional and remote areas:

Monash law students continue to perform well against their Victorian counterparts in clerk-
ship and commercial graduate recruitment;

Australian, and in particular, Monash law students are also becoming increasingly in de-
mand internationally, with the Monash Law Faculty successfully forging study partnerships
with Cambridge and Oxford Universities and Hong Kong & UK law firms actively approach-
ing Monash law students; and

Professional consulting firms, financial institutions and large corporations are increasing their
recruitment activities targeting Monash law students directly.
The 2016 Careers Portfolio has worked extremely hard to collate this information and it will be
invaluable to you as you complete your degree and transition into your career.

I would like to congratulate and acknowledge the tireless work of Caitlyn Burgi (LSS Director of
Careers 2016), Jane Shaw (Careers Officer and Editor-in-Chief) and the entire Subcommittee.

The merit of this Guide comes from its breadth and accuracy, both of which are attributable to
the many volunteers within the legal industry who offered their time to write articles or partici-
pate in an interview. The amount of goodwill towards law students amongst the legal profession
is staggering and I sincerely thank all contributors for their assistance.

Whilst it is true that certain segments of the legal market may be tightening their recruitment
numbers, there remain thousands of job opportunities available to Monash law students, both
within and outside of the law. This publication goes a long way towards raising awareness of
these and I commend it to you in the strongest possible terms.

Jayden Bath
2016 LSS President
It is with great joy that I present to you the 2016-2017 Monash LSS Careers
Guide.

I would, firstly, like to express my gratitude towards the Publications Subcommittee. I am humbled
by the dedication and hard work they have displayed in the process of collating material and
writing for this Guide. Furthermore, l am indebted to all the contributors who have given a face
and voice to this Guide, without whom the Guide would hold very little wisdom. Finally, I thank
Caitlyn Burgi, Director of Careers, for her relentless support, thoughtful advice, and kind mentoring
throughout every single step in the making of this Guide.

This Guide was created in 2014 as a response to the concern that there is a lack of information
and discussion regarding the different roads that can lead to a rewarding career in law. Indeed,
providing wider commentary on different legal career pathways is essential in order for students
to make better-informed decisions on what they would like to do with their degrees, and to lead
them towards wise choices in obtaining satisfying careers in law.

The second edition of the Careers Guide takes this concept further. Not only is this Guide aimed
at shedding light on the plethora of legal pathways available, it also contains pieces that spark
dialogue and raise curiosity on the realities of working within particular areas of law. Scattered
throughout the 120 pages are stories of challenges and rewards arising from the choice to follow
a legal career, recounted by a range of individuals, each with a different take on how their career
journeys have unfolded. Some have just dipped their toes into the world of law, while others have
had many years of deep-diving in it.

It struck me, however, that the unifying tone of the diverse voices in this Guide is the resounding
passion expressed throughout the pages by these many individuals. It truly confirms the notion
that no matter which path one may choose in their legal career, one is able to achieve a great
sense of fulfilment when their choice is guided by a deep interest in what they do and a genuine
desire to bring their legal skills to good use for others.

I sincerely hope that the contents of this Guide may illuminate the way for those who have just
taken a few baby steps in their law career trajectory, and also make straighter the road for those
who already stride more confidently towards where they are headed.

Jane Shaw
Careers Guide Editor-in-Chief
Table of Contents
Forewords 4

Criminal Law 10
Office of Public Prosecutions 12
Defence Lawyer and Barrister 14
Snapshot of a Barrister 15
Victorian Legal Aid 16
Commonwealth Department of Public Prosecutions 17
Prison Legal Education Assistance project 18
Judges Associate 19
Q&A with Felicity Cox 20
Q&A with Rachel Kessel 24

Boutique Firms 28
Introduction to Boutique Law Firms 29
Features of a Boutique Law Firm 30
Q&A with Andrew Jewell 31
Q&A with Caitlyn Cross 33
Q&A with Jennifer Tutty 37
The Boutique Law Firm in the Changing Legal Landscape 41

In-House Counsel 44
Introduction to In-house Counsel 45
Obtaining In-house Positions 46
Possible Career Pathways 47
Differences Between In-house Counsel and Private Practice 49
Emerging Trends 50
Tips and Recommendations 51
Q&A with Chris Lane 52

Community Legal Centre 56


The Fundamentals of Community Legal Centres 58
Q&A with Jennifer Lindstrom 67
Academia 70
Academia as a Career Focus on the Area of Law you Love the Most 72
Q&A with Dr Janina Boughey 76
New to the Field of Academia a Positive Change 80

Social Justice 86
Amnesty International 88
Human Rights Law Centre 88
Human Rights Watch 89
Disability Services Commissioner 90
Australian Law Reform Commission 91
Castan Centre for Human Rights 92
Victoria Law Foundation 93

Government 94
Commonwealth Agencies 96
Q&A with Matt Povey 99
Australian Government Departments 102
Department of Foreign Affairs and Trade 103
Attorney-Generals Department 104
Attorney-Generals Department: ALRC Internship 106
Department of Prime Minister and Cabinet 107

Rural, Remote and Regional 108


From Clayton to Kununarra 110
Q&A with Mishka Holt 114
To Go or Not to go Regional? That is the Question! 119
Criminal Law
Office of Public Prosecutions

The Office of Public Prosecutions (OPP) is an independent statutory authority acting as


an arm of the Commonwealth Director of Public Prosecutions to prosecute indictable
offences in Victoria. It forms the largest criminal law practice in the state with over
300 employees. The OPP is referred to matters by Victoria Police (and other relevant
agencies such as WorkSafe) for which the OPP then employs court representatives in
the form of Crown Prosecutors, external barristers and internal Solicitor Advocates.

The OPP is separated into seven separate divisions, being:

Advocacy and Briefing


Appeals
Policy and Specialised Legal Division
Proceeds of Crime
Specialist Sex Offences
Trial Divisions 1, 2 and 3
Victims Strategy and Services

While working with the OPP you will deal with highly complex criminal cases ranging
from homicide to organised crime and corruption as well as making significant
contributions to law reform. The OPP is the primary opportunity for lawyers looking to be
involved in criminal law outside of defence work.

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Experience Opportunities

The OPP offers work experience and student placement programs for law students upon
enquiry.

The OPP will be offering seasonal clerkships commencing 2016/2017. The clerkships will
run for three weeks over summer and winter periods. Applications for this program close
14 August 2016 and are advertised on the Victorian Government website: https://jobs.
careers.vic.gov.au

Graduate Program
The OPP offers a Legal Traineeship Program to recent graduates who are yet to be
admitted to practice.

The program runs for 12 months beginning in March/April of the year following
application. This is an exceptional opportunity for young lawyers to gain broad
experience in advisory and litigious criminal law practice areas.

The Legal Traineeship Program is recognised by the Law Institute of Victoria as a


graduate program for the purposes of admission to practice.

Applications for the 2017 program close 21 August 2016.

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Criminal Barrister
The first thing most students think of when anyone mentions a career in criminal law is
a high-flying, American TV-style defence barrister. If you have had any engagement with
a Victorian barrister though, they may tell you a different story.

Criminal barristers are independent legal professionals widely engaged by firms,


government and individuals alike for both prosecution and defence work depending on
their expertise. In simple matters such as Magistrates Court pleas, barristers may act
alone in their defence of clients, however in more complex matters the usual set-up is
that barristers are briefed on cases by instructing solicitors who have researched the
case, have a relationship with the client and become supportive figures to a barristers
in-court advocacy.

To become a barrister in Victoria applicants are required to pass an entrance exam


followed by the completion of an eight week assessed Bar Readers Course (run in
March and September each year) by the Victorian Bar Association. Dont be fooled into
thinking you can sit this entrance exam simply based on your knowledge gained as a
solicitor, many seasoned professionals attempt this exam several times before meeting
the 75% minimum entry requirement.

Opportunities
If you are interested in finding out more about the role of barristers in our legal system and
gaining some practical experience while studying, your best opportunity is to shadow a
barrister. The Monash Law Students Society offers barrister shadowing programs over the
winter holidays as well as a separate program for first years over the September holidays.

If you miss out on these opportunities you may also consider looking to the Victorian Women
Lawyers website to engage with their mentoring program or alternatively begin utilising
your networking skills to contact barristers through your friends, family and workplace.

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Snapshot of Life
as a Barrister
with Daniel Holding
Criminal Barrister, Victorian Bar

Daniel was admitted as a solicitor in 1986 and has been a practising criminal barrister since 2003.

I began my legal career by working by doing articles with a specialist law firm that only
practised in criminal law. I was interested in crime as the rest of the legal areas didnt
seem to involve human interest in the same way.

I mainly now do criminal trial work in the County Court. This covers most areas of
crime, serious assault, drugs, sexual offences, dishonesty matters - really all areas of
crime. The good thing about crime is even if you do thousands of cases, every case is
different.

What advice would you give to students that


are intere ste d in be c oming c riminal barrister s?
My advice to those interested in crime If you like criminal law challenge your
would be to: self by doing progressively difficult case
1. Appreciate it may not be as lucrative work, ranging from:
as commercial law. - Simple pleas on not too serious
2. Get some appearance work in the matters in the Magistrates Court
Magistrates Court to see if appearance - More difficult pleas- Magistrates Court
work appeals to you. You can do so by appeals against sentencing and County
obtaining work in a defence law practise Court matters
with a good reputation or through Legal - As well as contests in the Magistrates
Aid. Court once you are confident that you
3. Make the study of evidence law and are across the evidentiary issues of your
books on advocacy a continuing lifelong cases
interest.

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Victoria Legal Aid

Victoria Legal Aid (VAL) is a government-funded independently functioning body


established to assist the most vulnerable members of society in meeting their legal
needs. FLASH operates in three main areas being: criminal law, family law and
commercial law. VLAs criminal work spans: appellate, indictable, summary and youth
crime matters.

VLA provides free access to justice for those not otherwise able to afford advice
or representation. VLA is also involved with significant law reform and educational
programs. Numerous other bodies including private criminal practitioners and
Community Legal Centres work in conjunction with VLA to achieve their goal of
cultivating a just legal system.

Opportunities

The VLA does not currently offer much work experience to tertiary students, howev-
er many VLA lawyers and barristers are willing to interact with students in a shadowing
capacity. There are four placements a year for law students with an Indigenous back-
ground to complete a winter Clerkship Program.

VLAs graduate program, also known as the New Lawyers Program, is a comprehen-
sive, two-year program that begins mid-year for up to twelve successful applicants.
You will undertake up to four separate six-month placements throughout the program,
including six months of practice in a regional location. To apply for the New Lawyers
Program you must be legally admitted to practice.

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Commonwealth Director
of Public Prosecutions
The Commonwealth Director of Public Prosecutions (CDPP) is an independent service,
forming a part of the Attorney-Generals department, that is focused on prosecuting
offences against Commonwealth Law. The CDPP has offices in every state and territory
and operates under six legal practice areas as well as playing a crucial role in law
reform. Employees of the CDPP are responsible for drafting charges, evidentiary
assessment, advisory work and litigation. The CDPP employs 450 staff nationwide.

Some of the crimes that the CDPP prosecute include:

Fraud
Serious Drug offences
Counter-Terrorism
Money Laundering
Human Trafficking
People Smuggling
Cybercrime
Child Exploitation

The CDPP does not offer any work experience or a formal graduate program. Given the
nature of subject-matter and skill required, the CDPP employs legally admitted lawyers
on an adhoc basis with stringent security requirements.

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Student Volunteering and
Criminal Law
Prison Legal Education & Assistance Program

Volunteering can be a great opportunity for students to engage with the criminal law
field. The exposure to the realities of criminal law enforcement can provide an insight to
the realities of working in criminal law.

The Prison Legal Education & Assistance project (PLEA), for instance, can provide
students with the opportunity to learn more about criminal law in a practical manner.
PLEA is a volunteer-run program by Monash-Oakleigh Legal Service. The volunteers
here provide inmates with legal education which empowers them to take ownership of
their own case and be aware of their legal rights and oblligations.

The PLEA project operates out of the Metropolitan Remand Centre, Dame Phyllis Frost
Centre, Port Phillip Prison and Parkville Youth Justice Precinct. Volunteers run workshops
that cover topics raging from family law all the way to sentencing. PLEA regularly
recruits student volunteers by application - more information on recruitment can be
found on their website.

Student snapshot - Daniel Miles


Daniel Miles is a final year law student at Monash University. Some of the work that he
has performed in PLEA includes providing presentations to remandees and prisoners in
Victoria on topics such as court readiness and family law. The presentations are tailored
towards groups of five to 30 remandees and prisoners. The work of PLEA encourages
and facilitates equal access to justice in Victoria, a fundamental feature of a good
criminal justice system. The program helps to improve students presentation skills and
their ability to clearly and concisely explain complex legal principles and procedures.

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Judges Associate

A Judges Associate (or tipstaff in New South Wales) provides assistance for judges in
a variety of capacities. The work performed is similar to a paralegal or legal assistant
- however you are working as a member of a judges personal staff. As an associate,
you will do legal research, look after the judges chambers and be the point of contact
between the judge and outside world.

Working as a Judges Associate is a great way to be exposed to the criminal law,


and to see how criminal barristers work in court. Further, you would gain the valuable
opportunity to observe day-to-day court proceedings in life, and hearing a variety of
cases. While most people become barristers after being a judges associate, you also
have the option to remain in the profession, or work in another field of law. A judges
associateship is highly well-regarded by every employer.

If you are interested in working as a Judges Associate in criminal law, the first step is to
speak to an associate who is currently in that position and get their insight on the job
and possibly tips for your application to become a judges associate.

Other than the general requirement that you are mature, organised and dedicated,
each judge has their own criteria in choosing their associate. Generally, they look for
someone who will be a good fit for their chambers. As such, aways remember to do
some research about the judge youd like to apply to, taking into consideration their
biography, relevant news articles and prominent court decisions.

The time period for applying for the position will depend on the Courts you are applying
to or the judges preferences. Some may take in applications throughout the year, while
others may take up applications during a certain period in the year.

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Q
-and-
A
with Felicity Fox
Judges Associate to the Honourable
Justice Redlich, Victorian Court of Appeal

Felicity completed her Bachelor of Arts/Bachelor of Laws (Honours) at Monash


University in 2013. She clerked at several prestigious firms as well as the DPP
in Western Australia and proceeded to complete graduate rotations at Herbert
Smtih Freehills. In 2015 Felicity began work as a Judges Associate for the
Victorian Court of Appeal in the Supreme Court of Victoria. Assisting the
Honourable Justice Redlich with research, drafting and administrative tasks,
Felicitys court work spans both the civil and criminal jurisdictions.

A judges associateship
is such a good stepping
stone to any career
in the law, and gives
you great practical
experience in such a
wide variety of areas.

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How did you begin your legal career?
I was lucky enough to get a graduate Projects and Litigation, before leaving
position with Herbert Smith Freehills, HSF after 18 months to commence my
starting in 2014. I had actually begun associateship.
with the firm in 2011 as a paralegal
in the Projects team, and then had I guess the beginning of my legal
clerked there (as well as other firms) career was pretty much by the book, 1.
in my penultimate year. I was then a do a clerkship, then 2. get a grad job,
paralegal again in 2013 (this time in the but having said that I loved my graduate
Competition team), before I commenced year, and the friendships and skills that I
as a graduate. made and learned during my 18 months
at the firm were incredible, and I couldnt
I loved my graduate rotations at HSF. I think of a better place to start.
did 6 months in each of Employment,

How did you make the decision to become a


Judges Associate?
I am hoping one day to sit the bar Its been a big change in terms of having
exam and join the bar, so doing an come from a top tier commercial law firm,
associateship was definitely something to dealing predominately with criminal
on my list of dream jobs. I knew that conviction and sentence appeals, however
the transactional side of commercial law at university most of my electives and
wasnt for me, and so had always had passions lay in the criminal/evidence/civil
a particular interest in litigation and the procedure side of things, so it didnt take
dispute resolution process. too long to adjust.

My judge is one of the most senior I loved my time at uni, and loved being
criminal law judges in the Court of able to sink my teeth into a really complex
Appeal, and so my workload at the court legal issue, and being an associate has
has been predominantly criminal matters, really given me a chance to broaden my
although I am still involved with some legal skill set, and focus more on the
civil/commercial/common law actions. areas that spiked my interest at uni.

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Is there a particular experience/matter youve
worked on in your time as an associate that
stands out?

Working so closely with the judge, and Seeing the first judgment which I
having in depth conversations about assisted with being published was
the issues raised in the case has been pretty special. Also seeing judgments
the most rewarding part of the job. You that Ive helped write getting appealed
really get to be involved in the heart to the High Court has been interesting
of the matter, and contribute to the - seeing what the parties thought of
development of the judgments youre arguments and reasoning, and having
used to reading as a student! your judgment analysed by the High
Court really gives a new perspective.

How does your court work compare to your


time in a top-tier law firm?
While both roles are so different, there judge working on their judgments. I have
are definitely skills which Ive gained in learned so much from my judge, and I
one role which have helped the other. feel so lucky that someone has invested
Gaining a judges perspective on what is so much time and effort in developing
helpful in order for the judge to do their my legal career.
job in the most effective way possible.
The benefit of working at the Court as
I think the one-on-one manner in which well is that the whole idea is to get to the
you work with the judge is the key point best answer possible. If you want to really
of difference to working in a firm. At a explore an issue indepth, you have the
firm youre always acting for a client, flexibility and time to do so, wheras when
and working with a whole lot of different youre working for a client, you often have
people, wheras in the Court, while youre strict time constraints.
working with other people, a large
proportion of your time is spent with your

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What advice would you give to students that
are interested in becoming judges associates?
Do it! Its the best way to get your Keep an eye on the Victorian
teeth into some really academic and Government careers website, as thats
interesting questions of laws is to really where a lot of the Victorian Court
throw yourself into the litigious process! jobs are advertised. Keep an eye on
Its such a good stepping stone to any the judgments of judges that you like
career in the law, and gives you great reading, and if there is a particular judge
practical experience in such a wide that youd like to work for, go ahead and
variety of areas. apply!

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Q
-and-
A
With
with Rachel Kessel
Criminal Law Lecturer, Monash University

Rachel graduated with an Arts/Law degree from Monash University. Her first
legal role was with the Victorian Office of Public Prosecutions (OPP). She
then transitioned into commercial law while working at Arnold Bloch Leibler.
Following this Rachel applied to become a research assistant here at Monash
and later became a tutor and criminal law lecturer.

Even though your


circumstances will change
over your life time, every
Our
new culture is non-compet-
experience
itive and
will shape
who you relies
are asona teamwork
person


and colleagues helping each
other out as required I am
not sure that this happens
everywhere.

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Why criminal law?
Aside from getting good grades in
I would have to say that my interest in criminal related units, like Elements of
criminal law stemmed from the fact that Forensic Medicine and Moot court, I
it was the most interesting subject that also had a passion to help people. I
I encountered in University. One of the have an innate sense of justice and
criminal law lecturers, Professor Louis fairness. I wasnt as interested in the
Waller AO, really inspired me as he commercial law units, as I preferred
focussed on the policy behind the law. reading about cases that affected
people, rather than just their bank
accounts.

During your time at university how did you


further your future criminal career?
I did tutor for the LSS in criminal law Although, not related to my criminal
because of my passion for criminal law. I career I was also a Welfare Officer with
also did a summer clerkship at a Criminal the Monash Student Association and went
Defence Law firm. on a student exchange to the Hebrew
University in Israel.

How did you begin your career at the OPP?


I ended up at the OPP after seeing an After my articles of clerkship at the OPP, I
advertisement on the LSS notice board in remained there as a Solicitor / Advocate
the Law Building, which was looking for in the General Prosecutions Department.
students to come on board for their first As the name suggests I did a lot of
ever clerkship program. So in a way we general prosecuting work which covered
were like the guinea pigs as this was the crimes from murder through to sex
first time the OPP ran such a program. offences, property offences and fraud.

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What were some of the c hallenge s you f ace d in
your time at the OPP? you worked solely on the cases you

Having come out of University and Q were given and you were always
working on multiple cases on your
going straight into being a lawyer was
-and- own. However, this experience taught

A
a really big step. There was a steep me to be super organised especially
learning curve, and we basically had with dates since different cases were to
to wing it at the beginning. My fellow be heard on different days in different
articled clerks were a great support for courts/courtrooms, so you had to be on
me because we could rely on each top of your game.
other for help.
Daily life was about liaising with Crown
The OPP training program had rotations prosecutors or barristers, your police
within the various sections of the OPP informant and witnesses, as well as
(like General Prosecutions, Sex offences, negotiating with defence counsel. As
Policy and Appeals). time passed my experience enabled
me to take on even more complex
I suppose one of the reasons, why I felt and exciting cases. I also undertook a
there was a steep learning curve was specialist advocacy course run by the
because you were wholly responsible Chief Crown Prosecutor so that I could
for your file load. There was no sharing do my own appearance work in plea
of cases between a team of solicitor, hearings.

What advice do you wish to convey to students


be ginning their c are er s? My advice for people who think they
Follow your passion to create the right want to pursue a career in prosecution

Our culture is non-compet-


path for yourself. Dont follow anyone is not to put all their eggs in one basket.

itive and relies


else - forge your own way. Even though
on teamwork
Consider both sides of the criminal law

and colleagues
your circumstances will change over
helping each
and consider working as a criminal

other out as required


your life time, every new experience will
I am
defence lawyer or a general lawyer for

not sure
shape who you are as a person. If you
that this happens
a few years before trying to move in to

everywhere.


stay true to your core values, youll have prosecution. Pursue your goals but dont
a bright and brilliant future. limit yourself, as a few extra steps along
your path can add up to a well-rounded
career.

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How did you transition into ac ademia and what
commentar y could you make on your c are er as
an ac ademic? about the subjects I teach, and I love
Well, after having children I wanted to mentoring students. I also work with
teach again because I enjoyed my time some fabulously interesting colleagues.
teaching for the LSS. Even back in high Every semester I try to improve and
school Id always said that if I hadnt have employed a lot of creative
gotten into law, I would have wanted to teaching methods. This has allowed
be a teacher. me to develop a great rapport with my
students and get the results they are
I first got into academia after being aiming for.
hired by the then Dean, Professor Arie
Freiberg, as his research assistant. I then Aside from my passion for teaching,
moved on to tutoring and now lecturing. keeping in touch with students who
have followed their dreams to pursue
One of the major challenges I have and a legal career or branched off in to
will always face is of course, marking. something unique is always interesting.
There is a lot of coffee required around
marking time. Getting a simple thank you from
students is also very rewarding. I
That being said, research and lecturing secretly hope I can make a difference
has allowed me to have an optimal to someones life in the same way
work/ life balance. I am passionate Professor Louis Waller inspired me.

What advice would you give to students looking


to pur sue a c are er in te ac hing?
I think they should go into practice first examples or stories to tell your students
as that will give them an insight into the to get them interested in the subject.
real world.
Im able to use my experiences at the
When you are teaching you can then OPP and beyond to give my students
draw upon those experiences you had insight into how their learning will apply
during your law career, and use them as to the real world as a lawyer.

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Boutique Firms

Aimi Tran
Introduction to
Boutique Law Firms

A boutique law firm is typically one with fewer solicitors who often specialise
in a niche or specific area of law. The term boutique stems from a tiered
classification system which includes firms that are top-tier and mid-tier,
based on factors such as firm size, range of service offerings, client profiles,
profitability, and so forth.

Freehills, Allens, Mallesons, Ashurst, Minters, Clayton Utz - names that every law student
will know by the end of law school, if not by the end of their first year. However, with law
schools in Australia churning out 12,000+ law graduates a year, even us non-mathe-
matical law students will realise that we cant all work in top-tier firms!

The good news is, the names mentioned above are just six of hundreds of law firms!
Although boutique firms might not spark recognition in the same way that a top-tier
does, this can work to your advantage in terms of applying for clerkships and job hunt-
ing.

What we hope to underscore here is that working for a top-tier firm is not the only route
available for young lawyers. Other opportunities exist - it is just a matter of finding them!
So dont get too caught up in the classifications of top-tier, mid-tier and boutique. In-
stead, do your research into the legal profession, learn what your own career aspirations
are and look for a firm that is the right fit for you.

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Features of a Boutique Law
Firm
Each law firm is unique. However, there are certain features of boutique law
firms that distinguish them from top or mid-tier firms:

Size
While top and mid-tier firms generally work with large corporate clients, boutique law
firms will engage with smaller businesses and individual clients.

Clients
While top and mid-tier firms generally work with large corporate clients, boutique law
firms will engage with smaller business and individuals.

Specialisation
Boutique law firms are often highly specialised. They might offer services in areas of
law ranging from employment, intellectual property and immigration law to entertainment,
sports and/or human rights law.

Type of Work
As a result of size, graduates at boutique law firms enjoy an increased level of responsi-
bility and autonomy to those at top or mid-tier firms. In top-tier firms, you are very much
a small fish, in a big pond. At boutique law firms however, it is not uncommon for grad-
uates to hit the ground running, engage in work at an earlier stage and manage their
own files straight off the bat.

Please note that the characteristics above are highly generalised, but give a
good idea of differences between top-tier, mid-tier and boutique law firms.

30 30
Q
-and-
A
with Andrew Jewell
Principal, McDonald Murlholme

Andrew works primarily in employment law, representing employees that


are in conflict with an often better resourced and more powerful employer.
He has provided expert legal commentary to national and local mainstream
media including the Australian Financial Review, The Australian, The Age and
Herald Sun. Andrew is also a strong supporter of helping people who suffer
from mental illness and has worked closely with Beyond Blue.

Our culture is
non-competitive and
relies on teamwork and
colleagues helping
each other out


31
31
What drew you to employment law? Did you
Q
always know that you were interested in this
area?
-and-
I essentially stumbled upon employment law whilst I was studying at university. I was

A
employed at McDonald Murholme as a research assistant, which was my first exposure
to the field of employment law. As I was already working in this area, I chose not to
study it as an elective and to experience other areas of law.

What is the work culture at McDonald


Murholme like? Does the size of the firm
impact on this?
I think it does I havent worked at a large firm but I have many friends who have. Our
culture is non-competitive and relies on teamwork and colleagues helping each other out
as required I am not sure that this happens everywhere.

Is there a particular experience that stands out


in your time at McDonald Murholme?
The experiences that stand out generally involve successful litigation matters like the
Sayed v CFMEU matter which had a lot of media attention. That being said, the matter
that probably stands out the most was appearing in a three day unfair dismissal hearing


opposed to experienced counsel in which our client ultimately was successful.

What do you think the future of the


Our legal
employment culture is non-compet-
industry is?
itive and relies on teamwork
and colleagues helping each
Generally company defendants brief large or mid-tier firms to act in employment matters.

other out as required I am


However, I think there will be a trend towards specialised firms with different pricing models

not sure that this happens


and without the limitations of a large commercial firm. I think government/s will continue

everywhere.


to make it hard for lawyers to act in the employment jurisdictions (such as the Fair Work
Commission) but there will always be a need for quality representation.

32
Q
-and-
A
with Caitlyn Cross
Lawyer, SportsLawyer/PH Solicitors

Caitlin is a solicitor at SportsLawyer, having graduated from La Trobe


University with a Bachelor of Business (Marketing), Bachelor of Laws and
a Master of Laws in Global Business Law. As a lifetime athlete, Caitlin
appreciates both the administrative and competitive sides to the sporting
industry and is genuinely interested in the legal developments in the area.
She likes to spend her spare time on the coast, where she competes in surf
boat rowing for Lorne Surf Life Saving Club.

Do what youre interested


in; dont get caught up with
what seems to be the goal


for the majority.

33
33
Please give a brief description of the area(s)
of law you practise in. disciplinary matters, doping, governance,

Q
SportsLawyer is a boutique sports law
firm that provides legal advice and
procedural fairness, restraint of trade
and many other elements. Paul Horvath
representation to
-and-
clients within the Solicitor is the other arm of the firm,

A
sporting industry and for any other offering employment law advice to both
sports related matters. This can include employers and employees.

What drew you to this area of law?


Sports Law is an area I have been inter- Its not an area offered by many firms, so
ested in since I embarked on a Sports when the opportunity presented at Sports
Law subject through Duke University in Lawyer I approached Paul (the Principal)
2011 (I studied at La Trobe and travelled for a chat.
to Geneva for a portion of my studies).

What guidance would you give to students that


are interested in working in the niche area of
sports law?
Pick up Sports Law subjects where pos- but it will come flooding back when you
sible (these electives may not be offered go out and practice. In addition to this,
at your university, and you might have to get involved in your local sporting organ-
look into an exchange!). Pay attention in isations; we provide a lot of governance
Contracts, Torts and to an extent Equity. advice to sporting Boards, and to have an
You probably wont appreciate their ap- appreciation of the internal operations of
plication in the wider context at the time a sporting organisation is certainly useful.

What do you think the future of the sports


legal industry is?
sporting organisations will seek detailed
Obviously recent events have made sports advice before acting in their capacity as
people and organisation more aware of a decision-maker. Sport is big business;
the legal ramifications where there is an people invest a lot of time and energy and
absence of good governance. I believe it is an important element in many lives.
more athletes will pay to have an expert For that reason, people are prepared to
give their opinion rather than making engage lawyers more and more to pursue
uninformed decision. Likewise, I believe or protect their own interests.

34
Is there a particular experience that stands out
in your time at SportsLawyer?
We currently have a matter before the
an athlete who has invested so much time,
Court of Arbitration for Sport (Switzerland)
energy and money in their elite sport. If it
relating to an Olympic appeal which could
transpires that we receive an award in our
change the entire forthcoming games in
favour, it would have an enormous impact
Rio. Its a complicated and exciting matter
for our client.
and its particularly gratifying representing

Have you had any experiences in a top-tier or


mid-tier firm?
I commenced my career as a graduate and theres a lot of work that isnt overly
at Herbert Smith Freehills. Thats where exciting. I learned a great deal from my
I completed articles or what is now time at a top-tier, but ultimately I wanted to
simply called a graduate posititon, and it practice in an area in which I was genuinely
is certainly an excellent way to receive interested. I have autonomy over my files
the best possible training, with the most now, I make the decisions, I meet with
sophisticated resources at your disposal. the clients and I draft submissions and
You are rubbing shoulders with brilliant correspondence from scratch.
legal minds in the top tier firms and the
structured clerkship and graduate programs Yes, I dont have the resources at my
prepare you well for your legal career. disposal that I once had, but I feel like
Im really working as a lawyer now. I
In saying that, the law there and the type understand what Im doing and why, and
of work isnt for everyone. Its more often find it much easier to relate to clients in
than not, entirely commercial, which for the sports and employment law areas
most people isnt something particularly than my previous experience with large
relatable. As a junior, you are not a commercial organisations.
decision-maker for many, many years

35
35
What is the work culture like? Does the size of
the firm impact on this?
I think it does. Culture is such a buzz
word at the moment and clerkships are
Q These are the people with whom you
will spend a great deal of your time and
a great way of getting a sense of the -and-
there isnt the luxury of simply moving to
culture of a place. Firms really are very
different; dont assume for a moment
that all top tiers are the same, all mid
A a different team if its not quite right like
there is at a bigger firm. Bear in mind
that at a larger firm, the culture will dif-
tiers are the same, and all boutiques are fer between groups, so dont take your
the same. Thats complete nonsense. experience with a group or an individual
Note that the smaller a firm, the more as being representative of the greater
important it is that you get along with firm.
your colleagues and have similar values.

What would you tell your university student self


and what would you share with Monash law
students?
Do what youre interested in; dont get a player was getting suspended and why.
caught up with what seems to be the I cared about the events that lead to an
goal for the majority. Clerkships and top athlete receiving a doping-related ban.
tier firms arent for everyone so dont feel
like that should be what youre striving for If you like science, think about how you
if its not something you think you would could practice law in the science area. If
enjoy. Have a think about what you like you like art, think about how law relates
doing. For me, I read the newspaper to art. A career is a very long time and it
back to front; I liked reading the sports amounts to a large portion of your life so
section but had little interested in reading you may as well do something you enjoy.
the Financial Review. For those people who say no one likes
their job, its just a means to an end; I
The bottom line was I didnt really care dont accept that for a second. It is
which company was acquiring a smaller possible to like your job and it certainly
company; I cared about how many weeks makes the day go a lot faster if you do.

If you are interested in learning more about SportsLawyer, feel free to


contact Caitlin on: caitlin@sportslawyer.com.au

36
Q
-and-
A
with Jennifer Tutty
Principal Lawyer, Studio Legal

Jennifer Tutty opened Studio Legal in 2011 with the aim of making legal
services more accessible and relevant to people and businesses within the
entertainment, fashion, hospitality and creative industries. The firm practises
in intellectual property, entertainment, media, technology and commercial law.
Clients come from all areas of the creative industries and include restaurant
owners, fashion designers, musicians, app and website developers, visual
artists and all kinds of small creative businesses.

Figure out what makes you


happy, and find a way to
combine it with what youre
good at.


37
37
What drew you to this area of law?
I actually studied completely different law. When I was at law school, I never
subjects at uni (family law, childrens law, realised there was such a thing as
law & medicine) and wanted to be a entertainment and music law so it was
family or childs advocate. After finishing very exciting to realise that there was a
uni, I moved from NZ to Melbourne for way for me to combine my legal training
the music and nightclubs (hey, I was with my love of good music once I
22!) I have always had a passion for moved to Melbourne. So in answer to
music and actually worked as a DJ for your question, I guess I totally stumbled
a number of years before practising into this area of law.

What guidance would you give to students that


are interested in working in the niche area of
Introduction
entertainment law?
This is a hard industry to crack into property law experience that you can
its a popular area of law and there then use to demonstrate your skills
arent enough jobs to go around. You in an entertainment-specific law firm.
need to be prepared to work hard, A lot of the general legal principles,
and for free, to develop a name for especially regarding contract reviews
yourself at first. Find internships and and commercial negotiation, are the
throw yourself into them to prove your same regardless of whether your clients
worth. If you cant get your dream job are musicians or big companies. Stick at
straight out of law school, get some it, and youre bound to get there sooner
other relevant commercial or intellectual rather than later!

What do you think the future of the


entertainment legal industry is?
I think we are moving towards an very contract-heavy but I think we are
entertainment legal industry dominated getting to the point where contract law
by private contract. People enter into principles are equally as important as
scores of contracts every day without intellectual property and media law
realising it, particularly online. The principles. Being aware of what youre
entertainment legal industry is already signing, as a creative, is crucial.

38
Is there a particular experience that stands out
in your time at Studio Legal?
I loved finding my new office in Chapel Another highlight of my job is helping
Street, Windsor. I picked up the worst small creative businesses achieve their
office in the street and was able to potential - an example being when one
renovate it and it now looks amazing! I client blossomed into one of the largest
love walking in the door each morning. national music festivals in the country.

Have you had experience in a top or mid-tier


firm? How do they compare to Studio Legal?
I had some brief experience working Well I certainly proved them wrong.
in-house for a large private company. Luckily, I was soon able to find work in
I must say that it wasnt for me, a small media and arts law firm before
although I know that some people establishing Studio Legal. For the past
excel in those kinds of workplaces! The 12 years I have worked as a lawyer and
office environment was very dry and a DJ and through this combination have
corporate. I felt a bit out of place. I was built up a practice of clients through my
actually told by this corporation that I own non-legal creative activities. So my
had to tone down my personality and advice is: figure out what makes you
that there was no way that I could be happy, and find a way to combine it with
a lawyer and a DJ at the same time. what youre good at.

What is the work culture at Studio Legal like?


Does the size of the firm impact on this?
We have a very small team at Studio so were surrounded by amazing street
Legal. The culture is to work hard, and art and food! Were all passionate
deliver excellence to our clients. At the about what we do and it makes our
same time, we all get along incredibly work environment very positive and
well and we have similar interests. stimulating. The size of the firm definitely
Theres normally music playing in the impacts on this everyone is treated as
background, and we have vases of fresh an individual here and it makes a huge
flowers around the office. Were also difference to team morale.
located on Chapel Street in Windsor,

39
39
What would you tell your university student
self?
I would tell myself to go to more to lounge around in my PJs being a
lectures, start preparing for exams earlier sloth as much as possible (whilst still
and to drink less diet coke! passing exams) and to not grow up too
On a more holistic level, I would also tell fast. Once you hit the workforce and
myself to immerse myself in a nurturing have a family, it is really hard to ever get
friendship group, have as much fun as these days or experiences back.
possible, to travel as much as possible,

Any last comments that you wish to share with


Monash law students?
I would encourage you to walk to the you and you should make your own
beat of your own drum (is that even a rules (whilst being kind and respectful).
saying)! As a young adult and university Sometimes you might do things the
graduate, you will certainly get people unorthodox way but you should be
telling you what you should do, what proud of that and doing things differently
you cant do and what is best for you. can achieve brilliance. Who wants to do
But in the end, its got to be right for things like everyone else!?

40
The Boutique Law Firm
in the Changing
Legal Landscape
Erin Kirker, Monash Law Student,
Hive Legal

I often maintain that I am a better paralegal than I am a writer.


However, in the spirit of helping out my fellow Monash Law peers, I
would love to provide some insight into a day in my life at Hive Legal.
If you religiously follow the TV show Suits, your idea of a paralegal
is probably the gloriously intelligent and perfect-in-every-way Rachel
Zane. I dont exactly look or carry myself as well as her, but I like to
think I have as good an idea of what my job entails as she does!

41
41
How did I start?
We have all heard it a million times, but Before I knew it, I was being called in to
I can attest to the fact that using your interview at a big fancy city office. Even
network is a very smart idea in law. if you dont have many connections, find
A friend passed my CV on to some someone in your cohort who works at a
contacts and one of them recognised law firm. Talk to them, get to know them.
there was a job opening at Hive. Find out what their companies look for
in a student!

About Hive
The first thing I realised when I started
working at Hive was, They dont teach Hive is none of that. Its a boutique firm
you about this in law school. We seem specialising in value pricing and client-
to have an idea that to be valuable, focused outcomes, and this completely
we must achieve a certain number of changes the way it operates. Whilst
billable hours. We work the top-tier, it enshrines several values, the three
make it to Senior Partner and retire pillars Ive come to notice at Hive are
in our big Sydney mansions with 13 flexibility, collaboration and innovation:
Dobermans.

Flexibility
Its flexible in that it is a virtual office and employees can work from anywhere we like
by connecting to the workspace hub. You work how you want, when you want.

Collaboration
This central hub also promotes collaboration. There seems to be a necessary aspect
of autonomy in big firms: whilst you may often work in a team, there is still a strong
focus on independence. At Hive we work in teams, and we are implored to cross-
communicate and create an open pool of ideas.
Innovation
Finally, its biggest aspect is that of innovation. Hive won the ALPMA Thought Leadership
Award, as well as Law Firm of the Year. Why? Because Hive is starting to recognise the
necessary changes in the legal industry, and adapting to suit them.

42
42 42
So, what do I do?
My job at Hive has two great parallels: There is, unfortunately, a way to semi-
I have the normal admin stuff, the filing automate what we do: but its something
and the legal research, helping out to embrace.
with matters, battling DMS errors, etc
and then theres the innovative projects. Hive attracts a lot of forward-thinkers
For example, I was asked to help out with great personalities that always make
on something amazing that we will be for good banter. Theres the incredibly
launching very soon; a new technology smart doctor-lawyer who always seems
to help in-house law firms. I got the to have the answer to all lifes questions,
chance to input code into contracts so as the wine connoisseurs who love making
to automate them and to help implement nicknames up for people. The kind-
that technology into our own matters. hearted associates that helped me home
This has prepared the firm for maximum after I took advantage of the Christmas
efficiency and to hit the ground running. party beers (tip 1: dont do that). Its one
big, happy, forward-thinking family.
So, if you happen to be looking for a
legal job, the industry is changing and its When speaking to my boss, she mentioned
good to be prepared. Artificial intelligence that the title of Legal Technologist is on
is on the rise, new technology is being the rise. I think that if we take advantage
created to improve access to justice and of soft skills and technological skills, there
moreover, more efficiently administer is no limit to what we as law students can
legal principles. Hive, for example, has do to stay employable in the changing
created an app to assist with compliance industry. But of course, you have to start
in the Insurance industry by essentially somewhere!
creating an automated If, then reasoning
flowchart based on


knowledge.
there is no limit to what
we as law students can
do to stay employable
in the changing industry.
But of course, you have

to start somewhere!
43 43
43
In-House Counsel

Taylor Petrucci
Introduction to
In-house Counsel

In-house counsel is the legal team that exists within a corporation for the

purpose of providing a suite of support for that corporation exclusively. In-


house counsel differ on vital elements such as hiring policies, structure and

purpose, depending on the industry that they operate within and the unique

direction of the corporation that they serve. They can span from boutique and

singularly focused, right through to the likes of Telstras 200-person battalion

that operates globally and acts as a vital organ to the company.

A career as in-house counsel, as different from private practice or the Bar,

can truly offer both challenging and rewarding aspects through the unification
of legal and broader commercial understanding and application.

45
45
Obtaining In-house Posititons

Career progression is unique to the nature of the company in question, and


so there is no hard and fast rule as to how to achieve an in-house counsel
role. Both Ben Clark (Wingate) and Chris Lane (Pacific Group) believe that
there is no one pathway to becoming a successful in-house counsel lawyer.

Although, from their own experience they do recognise the importance


of working in private practice upon graduation and the strong emphasis
that employers place on this. Ben believes that the skills you develop,
and the lessons that you quickly learn, by working in a law firm cannot
be underestimated and will provide an unparalleled foundation for any
professional career that a lawyer wishes to pursue.

In a similar way, Chris identifies that securing an in-house role is often the
outcome of a secondment or through commonly recognised lateral hiring
processes. Opportunities do arise for paralegal, support staff, or interns
to gain experience in an in-house environment, but the one barrier that
remains in the way of graduate level entry is having a practicing certificate,
hence the emphasis placed on prior private practice experience.

46 46
Possible Career Pathways

The following is only a snapshot of the many options that a law student has
open to them when considering the nature of the in-house counsel role that
they aspire to:

Regulatory Compliance
Law graduates, and even students as you will come to see, are highly sought after in
regulatory and compliance roles. If you are doing a second degree then, while it is not
determinative, this can greatly benefit your chances of finding work at an earlier stage.

More generally, the convergence of compliance and law may include working on corporate
policies, processes, risk assessments, training and company behaviour. Such roles require acute
understanding of the law, as well as, for example, best practices and relevant government
regulations in their industry.

Student
Profile
Ryan Taylor is just one example of how both a law and non-law degree can
complement employment in this area. Ryan is in his third year at Monash
University and is fortunate to hold a position as Licensing and Compliance
Officer within one of Australias largest in-house teams, Coles. Ryans role
consists of handling all New South Wales and Australian Capital Territory
matters under their respective Liquor Acts. In ensuring that compliance is met
and regulations are observed in the establishment of new liquor licenses, Ryan
deals primarily with legislation but also liaises with the respective authorities
in each state, including the NSW Licensing and Gaming Authority, Access
Canberra, and the police.

47
47
Taxation and Insurance
Law graduates are increasingly sought after by accountancy firms and insurance
companies. Deloitte and PwC, in particular, are strengthening their in-house legal
teams and changing the way that they interact with the law. The reason for this is the
understanding that law students have for the basis upon which many matters arise,
such as in tort, contract and taxation law. There are growing opportunities within the
Big 4 accounting firms in Melbourne, and assuming that Insurance companies follow
suit in growing their legal departments, they too may represent another attractive
career destination. As these companies continue to operate cross jurisdictionally and
in increasingly complex legal environments, there is a genuine need to have legal
personnel who understand the particular product or service being offered and the legal
ramifications of the companys daily activities.

Financial
Depending on the size of the company, valuable roles do exist with in-house legal
teams in the financial services and capital markets.

For those with a passion for finance, as well as law, such roles as Bens offer a unique
balance between the two areas without compromising the complexity of the work and
the growth that you would only expect in private practice.

Gr aduate
Pr ofile
Ben Clark, a Monash graduate, is the Legal Counsel Property and Structure
Finance at Wingate. Combining his Law and Business degree together, admittedly
Ben did work for a few years within a top-tier corporate law firm, but has found
great reward in his current role and enjoyed the ability to participate in all facets
of the business. Primarily, Bens duties include initial deal structuring, drafting
finance offer documents, reviewing and commenting on legal documentation,
liaising with borrowers and investors, evaluating financial reports, regularly
reporting to investors and managing the facility repayment process.

48 48
Differences between in-house
counsel and private practice

In-house counsel and private practice work. Not only am I involved in, for
fundamentally service different aims. The example, the legal side of a transaction,
most prominent deviation from private but I am often fortunate enough to
practice is that you are only expected to participate in, among other things, the
serve one client, your employer. Private structuring of deals, financial analysis
practice presents a juggling act between and evaluating the feasibility of property
multiple clients competing interests and transactions.
deadlines, all while reassuring each that
their business is valued and is of high Perhaps the most commonly raised
priority to the firm. The implications of argument for why in-house counsel
this difference are, as Ben Clark aptly attracts such high calibre candidates
put it, there are no timesheets! is the inducement of greater work-
life balance. To be fair, this aspect of
Another point of the difference is in-house counsel can sometimes be
the diminished level of responsibility unfairly overstated. On a more general
that may flow from private practice basis, achieving a greater balance of
in an international top-tier firm. In- work hours is often the outcome of the
house counsel roles demand intimate integration of in-house counsel that
knowledge of the company and the leads to more predictable workflow.
possible ramifications of legal advice Knowing when and how heightened
on its wider operations. For Ben Clark, periods of demand will arise can allow
this aspect actually presents the most for adequate preparation, something that
rewarding part of his role at Wingate. can rarely be achieved when working in
There is a fusion that is created private practice.
between legal and broader commercial

49
49
Emerging Trends
In-house practice is commonly regarded business, which will require growing the
as one of the fastest growing, and rapidly teams personnel. Hypothetically, this may
changing areas within the legal industry. result in the appointment of a member of
Three areas of change that have been counsel into each function of the business,
widely foreshadowed are considered below. so as to have a legal mind at the forefront
of business development decisions, thus
The innovation and adoption of technology allowing for instantaneous responses to
subsequently used by in-house counsel, legal problems as they arise.
which may permeate throughout entire
companies, will redefine the boundaries that Thirdly, the convergence of consultant and
counsel are expected to operated within. lawyer in the form of freelance in-house
Analysing data, isolating the vital elements counsel is a trend that has emerged
of any given set, and then employing it to in response to the burgeoning start-up
inform decision-making is already being industry, with the potential to penetrate
adopted in pockets of the industry to further still. Despite being similar to the
gain competitive advantage. In this way, traditionally defined in-house counsel,
corporations will grow their expectations the aforementioned model diverges in
of what in-house teams are expected to that counsel would become employed to
achieve through use of artificial intelligence service multiple similarly natured clients
and other relevant technlogical advances. rather than just the one. An example that
Being tech-savvy may become just as comes to mind is that of Clearpoint Counsel
crucial as traditional legal skills were before an organisation intently focused on
the inception of such technologies. providing values-based, in-house services
for a fixed fee retainer to start-ups, medium
The second area of noticeable change will sized enterprises, unique projects, and
be the growth in size of in-house counsel even incubators. They aim to service their
teams, which have traditionally remained clients by offering all of the functions of an
lean and specialised. As a company grows in-house legal team, but with the added
and diversifies, it will become dependant flexibility of retaining their services only as
on its in-house team to have a firm needed.
grasp on the most current changes to the

50 50
Tips and Recommendations

While at university, attention should be given to the electives that you take, for both
law and non-law components of your degree, as this will provide useful theoretical
knowledge and a clearer display of your genuine interests in the area that you eventually
pursue.

For example, a student striving for in-house counsel in government may opt to
undertake a politics major for their Arts degree, and law electives in public policy,
negotiation and alternative dispute resolution, and administrative law. This will give the
student a greater chance of penetrating a commercial law firm with a strong emphasis
on government advisory, which could then lead to secondment opportunities or lateral
career movement in-house.

Engaging in paid or unpaid employment, internships, vacation work, and charity work
can provide highly valued exposure and a solid foundation to build on up until your
move into an in-house role.

More information on the wide range of electives offered by the Law faculty
at Monash is available in the Monash LSS Electives Guide.

51
51
Q
-and-
A
with Chris Lane
General Counsel, Pacific Group

Chris received his LL.B/BSc, as well as LL.M and PhD (Law) all at Monash
University. Presently he is General Counsel at Pacific Group and has worked
in the area of property law for the most part of his career, both in private
practice and as in-house counsel. Given his interest and specialisation in the
property law, he also tutors in the area; something that he has maintained
since graduation.

Regardless of whether you


desire to work as in-house
counsel or within private
practice, you must ensure
that you do not compromise
on becoming a good lawyer.


52
During university
I hadnt really turned my mind to an in-house career. Having taken the property law unit
I vividly recall thinking to myself that I was certain that I would not specialise in this area
of the law. Rather, I was intent on working in litigation, something that I had a real pas-
sion and interest in at the time.

Upon graduation
I articled at Richmond and Bennison, gaining experience in most of the service lines
offered by the firm. While I had the opportunity to participate in commercial litigation,
I soon realised that I enjoyed Property Law far more and so began my career in this
area.

Throughout my career...
I have worked at numerous firms and corporations. Having had a paralegal role at Corrs
Chambers Westgarth during university, I then articled at Richmond and Bennison, while
my final private practice position was at Maddocks law firm.

Since then, I have held counsel roles at Coles, Colonial, Wesfarmers, and more recently
Pacific Group.

Earning an in-house role...


Is often the outcome of a secondment from a mid-high tier law firm, or through lateral
hiring. Given the growth and evolution of in-house counsels nowadays, there are very
few opportunities for law graduates, or even junior lawyers, to secure a role within a
large in-house team without having previously demonstrated competency in a firm.

53
53
When working in-house
The scope of your responsibility is naturally far broader. There is an expectation that
you will add value to the business in a manner unrelated to the legal expertise that may
have formed the basis for you getting the position. For example, communicating with
countless actors who are inextricably linked to the existence of the business, meeting
non-legally related objectives, and acquiring a second-nature type understanding of
your client.

A common misconception is that


If you move to an in-house role you will achieve a markedly greater work-life balance.
However, from experience, this is not always clearly the case. While in-house is more
conducive to part-time employment, often the hours, workload, and commitment are all
very similar to private practice. It is however the case that when you move in-house the
nature of your role and the duties that you undertake become points of difference to
private practice.

My advice is that
Regardless of whether you desire to work as in-house counsel or within private practice,
you must ensure that you do not compromise on becoming a good lawyer. The end
goal may be to move into an in-house counsel role, but your best chances of achieving
this will be through proving yourself as an exceptional lawyer firstly.

54
Community Legal
Centres

Alexa Sakkal
The Fundamentals of
Community Legal Centres

For those who feel a disconnect between what they learn at law school
with real life law, volunteering is a great way to step into the system. It is
a fantastic way to meet people and develop inter-personal skills, skills to
which I believe, are crucial to have as future lawyers. (Randy, CLC Volunteer)

The following articles create a collage of experiences from fellow CLC


volunteers. These volunteers are at various stages of their legal careers
and volunteer at different CLCs. Please note that every CLC is different,
thus processes and procedures may vary. Hopefully this article gives you a
greater insight into real life law.

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Who?
With whom do you interact?
As a professional practice student you work under a supervising solicitor. You have to
call up third parties, authorities, other organisations and possibly brief barristers on the
factual and legal issues. (Carl)

From attending the duty service at court with the Family Law Assistance Program (FLAP)
at Monash-Oakleigh Legal Service, I have met judges, independent childrens lawyers,
social workers and interpreters. Everyone working at CLCs is nice and they are always
happy to lend a hand. (Deike)

When?
Professional practice program
You are required to be at the service and working on client files for at least two
working days per week. In addition, you will attend seminars on the law and engage
in community legal education (CLE). During the program it is recommended that you
only complete one or two other subjects. Otherwise it can be difficult to manage the
workload. There are around fourty students in each session of the program with three
sessions run each year (one over the summer and two during the academic year). (Carl)

Volunteering as a receptionist
Most students start off volunteering at reception. As a receptionist you attend night fort-
nightly sessions and become the first point of contact for clients of the service.

Volunteering as a caseworker

Like receptionists, at Springvale Monash Legal Service (SMLS) you are rostered
fortnightly. Caseworkers generally start at 7pm, are assigned clients and finish at the
discretion of the supervising solicitor. At FLAP you are able to choose your shifts. The
individual shifts are approximately half a day on weekdays. During that time you are
given approximately two clients to interview and/or assigned drafting work. (Deike)

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What?
In general, which areas of law are dealt with?

Family Legal Assistance Program (FLAP)

recovery proceedings (one parent withholding children from the other parent)
contravention proceedings (one party breaching family court orders)
clients seeking more contact with children/grandchildren
clients seeking to prevent the other parent from spending time or having contact with
children due to fears of violence, neglect or drug exposure
clients seeking to relocate with children or to prevent the relocation of the other
parent with the children
clients seeking to place children on the Airport Watch List
property settlements by consent or by initiating proceedings
intervention orders

Springvale-Monash Legal Service (SMLS)

minor family law matters


employment law (unfair dismissal, WorkCover etc)
property law (building code contraventions, tenant and landlord disputes)
Magistrates Court proceedings (criminal offences)
Centrelink fraud
motor vehicle accidents
neighbourhood disputes

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What do you do as a caseworker?
Interview the client, conduct independent legal research on the matter, consult your
supervising solicitor and provide advice to the client. (Shane)

Sometimes you also need to engage with telephone interpreters. (Deike)

Tasks in Professional Practice


Assessment comprises of client casework, Community Legal Education (CLE) and re-
flective journaling.
Casework: attracts the majority of marks and involves taking instructions from clients
and providing advice, managing case files and displaying strong office and adminis-
trative skills
CLE: requires students to assist selected organisations in a legal capacity or provide
educational seminars to groups of disadvantaged or Culturally and Linguistically Di-
verse (CALD) people. (Carl)

For my CLE I volunteer at Shakti Migrant & Refugee Womens Support Group Mel-
bourne, a non-profit community organisation catering to womens rights in domestic
violence situtations. To be able to instill a sense of empowerment either in the form of
reassurance or advocacy is another crucial quality which volunteering allows. (Randy)

Communication, teamwork, initiative, legal research, rapport building, empathy. Pretty


much any skill you can think of that involves talking face to face with someone about a
potentially sensitive legal issue. (Shane)

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Why?
It is an excellent starting point for a legal career because it really opens up your eyes to
what is expected in the legal world. (Myra)

Emotional intelligence, research and problem


solving
I am able to better and more quickly judge the mood and emotional state clients are
in at the beginning of interviews; and have learnt to then adjust my own demeanour in
order to either, for example, make clients feel more comfortable or ensure clients accept
my authority. (Deike)

How to communicate with clients in interviews and asking questions that solicit the
information needed. (Myra)

Using plain English


90% of clients would struggle to accurately understand what we write in our law
assignments. I have learnt to rephrase everything I say back into plain simple English
terms, which is sometimes harder than one might think. You learn to analyse the stories
clients give you and to take everything they say with a grain of salt. You also learn to
keep your opinion to yourself, whilst at the same time not letting the client feel they are
alone but instead making them feel accepted and understood. (Deike)

Interpersonal skills
In the real world interaction with clients is very important, and you do not learn that in
university lectures. I have seen first hand how easily you can confuse a client. Good
communication is a skill you only learn by practising it over time. (Deike)

Learning how to lead and control an interview so that the client does not go off on a
tangent. (Myra)

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Real life access to justice
I truly believe that CLCs define access to justice. I have been with my service for almost
five years and after graduating I have maintained the commitment because of how
rewarding the experience is. (Chat)

It has taught me more than law school ever could. I quickly started volunteering not
because I had to but because I had so much fun doing it. You meet so many new and
different people and it is so emotionally rewarding when you help clients who enter the
building distraught, worried and scared but leave feeling capable, empowered and
supported. (Deike)

Personal growth
You are left to find the solutions yourself and report on your findings to the solicitor. You
deal directly with a variety of clients and you have to adjust your work ethic accordingly
to provide efficient and quality service to all. (Carl)

It is a great character building opportunity that educates you about yourself as well as
the society we live in. (Deike)

The biggest thing for me would be the confidence to talk face to face to someone with
a highly sensitive issue - you hone so many of your soft skills like listening with
empathy and communicating with people from all walks of life. (Shane)

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Where?

Do what you love!

From the moment I started my law degree, I saw myself practising in family law. So
volunteering at FLAP was a dream come true. If you are not sure, try SMLS or any other
generalist CLC for that matter, as it gives you an insight into all types of law. (Deike)

Apply close to home


CLCs operate in local catchment areas and are more likely to employ volunteers from
within their catchment area. To find your local CLCs visit the Federation of CLCs website:
http://www.communitylaw.org.au/find_a_clc.php

Apply to CLCs that are close to home. Do not expect a call back immediately and do
not be surprised if you get a call six months down the track! (Chat)

it is so emotionally
rewarding when you
help clients who enter
the building distraught,
worried and scared but

leave feeling capable,
empowered and
supported. -Deike, CLC Volunteer

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How?
Links to visit:
http://clcvolunteers.net.au/
Shows which CLCs are currently seeking volunteers, or accepting applications as
expressions of interest for future volunteering. Please note: information may not always
be current but you can use this website as your first port of call to see a list of all
Victorian CLCs and links to their websites. There you can find contact details, application
forms etc.

https://blogs.monash.edu/lawstudentbulletin/
The Law Student Gazette from time to time advertises CLCs that are recruiting.

Enrolling in Professional Practice


Go to law student services and ask for an application form. You need to have
completed the prerequisites to ensure that you have a solid legal knowledge foundation.
Students in their later years of study are therefore preferenced. You will learn a lot about
the operation of the law, court procedures and administrative processes on the job. (Carl)

Polish up your CV!


If your CV looks a little dry, it is time to zest it up. Grades are not the be all and end all
so make sure your CV is interesting! The best CV you can have is one that truly shows
who you are.

I know we hear this all the time but spelling and grammar are crucial. Keeping your CV
clear of mistakes is a great first impression.

Regularly add things to your CV to keep it polished. Use holidays as a time to fill in the
gaps and consolidate your areas of interest.

Tailor your CV to the position. Point out your strengths. Each CV should be different for
each job. (Myra)

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Volunteering

There are so many organisations out there who need volunteers. Check out this link:
https://www.volunteer.com.au/

Casual work & tutoring


Any experience can be tailored. I have been working in customer service for the past
seven years and it is the same interaction with clients. People are people and you just
need to be able to communicate well, in the relevant environment and context. (Myra)

Leadership positions
Put your hand up for leadership positions at university in clubs and in faculties. There
are so many opportunities out there.

Languages, sport and music


Highlight your hobbies, what you do outside of study. These areas bring out who you
are.

Create a Linkedin account


Linkedin is very useful in the legal sphere. Make an account to keep up with companies
and organisations that are of interest to you.

In summary, no matter what you do in your spare time it counts! It makes you you. So
add it to your CV and apply to a CLC!

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Q
-and-
A
with Jennifer Lindstrom
Solicitor, West Justice

Jennifer Lindstrom completed a Bachelor of Music and Bachelor of Laws


at Monash University in 2009. She has since worked primarily in family law
with Monash-Oakleigh Legal Services Family Law Assistance Program,
as Senior Associate to the Hon. Associate Justice Gardiner and is now a
Solicitor at WEst Justice, a Community Legal Centre servicing Melbournes
Western suburbs. Jennifer is a passionate rights advocate, having spent a
year in Indonesia promoting access to justice via a partnership with Monash
University.

The most rewarding


aspect of my work
is the opportunity to
make a difference to
someones life and the
ability to effect change
in the community.

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Where did you begin your legal career?
When I finished my law and Court of Victoria for 2 years. I then
performance music degrees, an worked on a Monash-led foreign aid
opportunity came up to manage a access to justice project building legal
family law and family dispute resolution aid clinics run by law faculties and civil
project in the family law program at society organisations in Indonesia. When
Monash-Oakleigh Legal Service. I the project finished, I started working
worked on this project whilst completing at West Justice, the largest community
PLT in my graduate year then worked legal centre in the western suburbs of
as a Judges Associate at the Supreme Melbourne.

How did you become involved with CLCs? Was


this always an area of interest for you?
I have always been interested in the elective subject which gave students
work of CLCs. CLCs are in a unique the opportunity to develop practical
position to contribute to law reform, legal skills through managing their own
provide community legal education client files, take instructions from clients
and improve access to justice to and provide advice under supervision. I
disadvantaged members in the was inspired by the work of the sector
community. During my law degree, and gained an insight into the life of a
I completed Professional Practice at CLC lawyer. I have been working in this
Monash-Oakleigh Legal Service as an environment ever since.

What area(s) of law do you practice in?


I assist vulnerable people and newly process and regularly represent them at
arrived members of the community the Federal Circuit Court in Melbourne
experiencing family violence with their and Magistrates Courts in the Western
family law disputes. I provide advice Suburbs.
to clients throughout the mediation

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What guidance would you give to students that
are interested in working in the CLC sphere?
There are over 50 CLCs in Victoria. to volunteer at a CLC or attend an event
Some are generalist centres and some near you!
have specialised services. There are
also many community events throughout You can read more here:
the year where students can learn http://www.communitylaw.org.au/
more about the work of the sector of http://www.naclc.org.au/
particular CLCs. Look for opportunities

What would you tell your university student self


and what would you share with Monash law
students?
Many judges, prominent legal practice subject or volunteer at one
practitioners and leaders have a of the CLCs. These experiences will
background in or have an affiliation with develop key skills valued by future
CLCs. With Monash-Oakleigh Legal employers. You will be surprised by
Service and Springvale Monash Legal where these experiences may lead or
Service at your doorsteps, embrace the shape your future career.
opportunity to complete a professional

What do you think the future of CLCs is?


CLCs have worked tirelessly to identify and policy makers, often contributing
and address systematic barriers to to positive change. Our family law and
accessing justice and will continue to family violence team work collaboratively
do so in the future. Our CLC regularly in several Health-Justice Partnerships
participates in advocating for law reform to provide a more holistic service to
and have successfully brought many vulnerable people experiencing family
important issues to the attention of law violence.

69
Academia

Alexandra Davies
Academia as a Career Focus
on the Area of Law you Love
the Most
with Rebecca Giblin, Lecturer,
Monash University

Rebecca Giblin sits on the Board of the Australian Digital Alliance, has given
public addresses in places such as the United States, Europe, Israel, South
Africa, United Kingdom and South Korea, is widely published and cited both
in Australia and worldwide, is a former co-host of an ABC radio program
and is a member of the academic staff in the Faculty of Law at Monash
University.

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Rebecca was originally a student at Monash herself, where she completed
a Bachelor of Laws (Honours) in 2003. At that stage she never considered
academia as a potential career path for herself.

It never crossed my mind - I always just kind of automatically


assumed Id work in practice. I actually did my undergrad at Monash, and
the day I finished my degree I distinctly remember never expecting to set
foot in the place again. How little did I know

Her first graduate position was as an articled clerk for the Victorian
Government Solicitors Office.

that period was hands down one of the best learning experiences
of my life. On my first day at 7:30am the Deputy VGS walked over, asked
Can you draft a cy-pres advice for the Attorney-General?, dumped a file
on my desk and walked off. With help from the great team there, I found
that yes, I could do that!

I also got to be involved in a rich variety of other matters


including a right-to-die case, various litigation about electoral shenanigans
and a few constitutional matters in the High Court. Id highly recommend

the VGSO to students considering options for their traineeships.

After finishing at the Victorian Government Solicitors Office Rebecca turned


her hand to private practice but found it was not an ideal fit for her.

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[I] found it a bit tedious on the day-to-day: there just werent a lot
of intellectually meaty problems to grapple with. I just couldnt see myself
doing that kind of work for another 40 years. I started thinking about
alternative career options, found some PhD scholarship pathways and the
rest is history...

Currently in her role as an academic at the Faculty of Law at Monash
University she is involved in both teaching and research.

Rebecca has undertaken several important projects in the area of research


including those enabling her to travel internationally to pre-eminent law
schools as an intellectual property scholar. In 2011, Rebecca was the
Kernochan Visiting International Intellectual Property Scholar at Columbia
University in New York City and in 2013 she travelled to Berkeley Law
School in California as the Senior Visiting Scholar in Residence.

Rebecca has also written extensively in the area of intellectual property


centering on copyright law and regulation of emerging technologies. She
has been published in journals including the Australian Intellectual Property
Journal, Columbia Law School Journal, European Intellectual Property Review
and the Telecommunications Journal of Australia and is currently researching
mainly in the areas of regulation of emerging technologies and Access to
Knowledge (A2K).

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There are many aspects of research Rebecca finds rewarding.

Influencing the decision-making of global legislatures and


judiciaries is a top one, because it demonstrates your work really
makes a difference but I also really enjoy the more private, intrinsic
satisfaction that comes from thoroughly wrestling with and figuring out
an intellectual problem

She also enjoys the teaching side of her role in academia. She is Deputy
Director of the Monash Juris Doctor and is currently the subject
coordinator and lecturer of the undergraduate intellectual property unit
Copyright and Designs as well as lecturing in Contract B.


On the teaching side my favourite part is seeing the lightbulb come
on for my students when they make a connection and understand a
tricky new concept.

Rebecca also regularly tweets on intellectual property, technology, A2K and


copyright issues. To hear more from Rebecca search for @rgiblin on Twitter.

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Q
-and-
A
with Dr Janina Boughey
Lecturer, Monash University

The engaging and insightful career of Monash law lecturer Janina Boughey
is a prime example of the diverse benefits and opportunities available in
academia as a legal career. Janina completed her PhD at Monash University
last year for which she received the Mollie Holman Doctoral medal
awarded annually to the most outstanding thesis from each faculty at the
university. She has been an academic at the university since 2014. Currently
Janina is lecturing in Administrative Law and Public Law and Statutory
Interpretation and spends time researching both Australian and Canadian
public law. She is also the President of Social Security Rights Victoria, a
community legal centre specialising in social security law. Prior to academia,
Janina held various legal and policy positions in the Attorney-Generals
Department in Canberra and as a researcher for the Federal Senate.

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When you were at law school did you ever
consider academia as an option?
I did a combined law degree, and geography at that point, I just knew
took a year off from law to do an I wanted a career which combined
honours thesis in political geography. I teaching and research in areas Im
also tutored a first year undergraduate interested in. I studied administrative law
geography subject that year. That was the following year and loved it. I found
when I decided I wanted to be an that it combined my interests in politics
academic. I didnt especially care if I and law perfectly, so thats when my
was an academic in law, politics or decision was made.

What was your first role following law school?


I took a graduate position at the of their proposals, and negotiating law
Commonwealth Attorney-Generals reform with the states and territories.
Department and worked there for a Then I moved to the Senate where I
couple of years. I mostly worked in the was a researcher for several Senate
administrative law section, but also did Committees. That was a fantastic job. I
a rotation in the international human got to travel around the country with the
rights law section, which was a great committees, provide advice to them on
experience. I was incredibly lucky to parliamentary procedure and law, and
have a supportive boss who made research and write Senate Committee
sure I had interesting projects to work reports on a range of interesting topics.
on, and gave me a lot of responsibility I did an LLM at ANU while working at
early on. I found myself writing policy the Senate to enhance my knowledge of
briefs and speeches for the Attorney- government law and my skills in writing
General, advising other departments academic papers.
on the administrative law implications

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How did you then move into academia?

After several years working in government I did a PhD. Thats the number one thing
(living in Canberra) and finishing my LLM, you need to become an academic. I chose
I felt that I had the experience I needed at to do my PhD at Monash because thats
that point, and was ready to do a PhD (and where the supervisor I wantedProfessor
very ready to leave Canberra). Academia Grovesis based, and because of its
was always the plan. I just wanted to reputation. While I was doing my PhD I
get a range of practical experience in lectured and tutored administrative law on
government law and policy making before a sessional (contract) basis at Monash
I started an academic career writing about and Melbourne. I also published several
those things. articles along the way and spoke at a few
conferences.

Currently, what is your role within the Faculty


of Law at Monash?
Im a Lecturer, which means that notionally 40% of my job is teaching; 40% is research;
and 20% is administration.

What is the most rewarding part of your job?


Its pretty great when a professor in my I also really enjoy seeing students work
field, or a judge, contacts me out of the hard and develop knowledge and skills
blue saying that they enjoyed a recent over the course of a semester. Especially
article or book chapter that I wrote, and when they contact me when the course
that its made them re-examine their own is over with an interest in working or
views. doing research in administrative law. Its
particularly satisfying when a student
who was initially sure that theyd hate
administrative law ends up enjoying it.

78
What area of academia do you most enjoy?
That depends on the day: on how my I love research. Its an enormous privilege
last class went, and on how well my to have a job that allows me to research
research is going. I really enjoy teaching, and write about whatever interests me.
particularly when I have a class with a But it can also be frustrating at times,
dynamic and engaged, hard-working as everyone whos ever written an essay
group of students. Its very satisfying to knows! And footnoting is never fun.
see the lightbulb moment on students
faces when theyve understood a difficult I actually really enjoy the combination
legal concept. Even more satisfying is of teaching and research. For me,
when Ive managed to convince a room they interact really well, and I think that
full of students how interesting public researching in areas I teach makes me
law is, and engage them in a discussion better at bothalthough students who
about how the law works, or should work. have been on the receiving end of one of
my rants about a recent court judgment
may disagree.

What tips would you give to students


potentially interested in the field of academia?
Most legal academic jobs involve both To see if you like, and are good at, teach-
teaching and research. Youll probably al- ing you could try tutoring or, once you
ready know if you enjoy research work have a few years of work and perhaps a
by the end of your law studies, especially Masters degree under your belt, lecturing.
as most law students do double degrees
and many do honours projects. Working But in order to get a permanent aca-
as a research assistant for an academic, demic job, the main thing you need is a
law reform body, court, or parliament is a PhD. Writing a PhD is harder than it looks.
good way to develop your research skills From what Ive seen, those people who
once youve finished law school. do it well, and in a reasonable timeframe,
tend to be those who are really, really
sure that a career in academia is what
they want.

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79
New to the Field of Academia
a Positive Change
with Vanessa Johnston
Lecturer, Monash University

Vanessa Johnston is new to a career in academia, appointed to the Law


Faculty of Monash University in 2015. She currently lectures in Property Law
and Environmental Law/Climate Change areas of interest that feature in her
research include Taxation Law, International Law, and Comparative Law.

Vanessa is currently also completing her PhD at Monash University


examining how Australia should use tax laws to encourage mitigation of road
transport GHG emissions, based on a comparison between Australian and
German law.

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When Vanessa was completing Bachelor of Laws/Bachelor of Arts at
Melbourne University, the field of academia never crossed her mind as a
potential career path.

At law school I was very keen to be a lawyer in a private firm - all of


my friends at law school wanted to be lawyers and the TV shows at the
time made it look very glamorous! Also, I am very practically-minded, so
I didnt think I could ever have enough theoretical knowledge to become
an academic.

Along with most other law students Vanessa went through the process of
applying for clerkships.

During law school I had a summer and winter clerkship in different


mid-tier commercial law firms, however I missed out on articles at the
major firms (top or mid tier). This turned out to be the best thing that
could have happened to me - instead I secured a graduate position at a
niche tax law firm.

This firm was a great fit for me - tax law really challenged me,
the hours were reasonable, and most importantly I was also able to be
involved in complex matters that would have been above my qualification
level at larger firms. For example; I was part of the team of instructing
solicitors to a High Court matter in my 2nd year.

I then moved on to a larger firm, where I worked in the property



and revenue groups.

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Although Vanessa has not been an academic for very long, academia was
always part of Vanessas life working in the law.

I have always loved the law, but although at the start of my career
I thought this meant being a lawyer, I learnt that the legal profession is
much wider than that.

I have always enjoyed study and research.

Because [my first] firms work was so specialised, the Principal


required me to complete a graduate diploma in legal practice while I
completed my graduate year.

After I completed my graduate diploma of legal practice, the Principal


encouraged me to complete Master of Laws part-time. As part of this, I

did a minor thesis on climate change law, as this was something that Id
always been interested in.

Being interested in working overseas, Vanessa soon realised that overseas


opportunities could be incorporated into her research efforts.

I wanted to work overseas, but that is difficult to do as a lawyer,


so I started my PhD in 2010 in the area of climate change and carbon
pricing, and used this to travel to Germany where I was a guest student/
researcher at the University of Cologne.

While I went back to practice when I returned from overseas, I was


at a crossroads in my career and had to chose whether to pursue more
senior positions/partnership at a commercial firm, or use my PhD to
pursue an academic career. I chose to become an academic.

82 82
It took time and effort for Vanessa to make this change.

For me, getting into academia required some planning. I was lucky
that my main practice area (property law) is a compulsory area of study in
a law degree.

I developed my teaching skills being a tutor in the LLB program while


I was finishing my PhD.

However, a large part of an academic position is research: during my


PhD I began to publish articles on related topics to establish a publication
record. All of these things were important to securing a position in the Law

Faculty at Monash.

Since beginning her academic position at Monash Vanessa has found many
aspects of her job very enjoyable. She finds helping and encouraging
students to be particularly rewarding.


I enjoy both teaching and research. Teaching can be very
engrossing, and a lot of fun when you have a class of students that will
engage with you on the subject matter.

[I find] encouraging students to become passionate and involved in


the legal profession, illustrating how law works outside of the classroom
and helping students to develop practical thinking, analytical, and
communication skills that are useful regardless of what career they pursue
after university [most rewarding].

Sometimes research can be painstaking, but it is very rewarding to


see your ideas in print, or to deliver a presentation on your work at a

local or international conference.

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Vanessa says that although it is important to continue with further study and
research if any students are interested in the field of academia once they
graduate, it may also be beneficial for them to gain experience practicing the
law first.

In all cases, it is important to keep writing and researching - higher


degrees (Masters/PhD), and publications are important criteria for
selection at most universities. Although universities and commercial firms
are very different workplaces, it is important to think strategically and to
market yourself and your expertise just as much in academia as you
would in private practice.

In relation to commercial areas of law (e.g. property, family law,


tax, contracts, trusts, wills and estates, corporations, etc.) it may be
advantageous to have practical experience before starting an academic

career.

84 84
Social Justice

Navina Samuel
Employment in the non-commercial sector can be equally as competitive

and challenging as employment in the commercial sector. Not-for-profit,

non-governmental organisations seek law students and law graduates to


employ their legal skills for the pursuit of a more equitable society. Many

exemplary researchers, campaigners, and humanitarians in our society are

former students of the law who have sought to devote their lives to assisting

those less fortunate.

For those who have considered the pursuit of a career in social justice, and

for those who have not, we hope that this section provides an insight into

the the many volunteer, intern, and employment opportunities that your law
degree can facilitate. The first day of your beyond commercial law career in
begins here.

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Human Rights Organisations:
A Snapshot
Amne st y International
Amnesty International is a not-for-profit, non-governmental organisation, which defends
human rights. Founded in 1961, the vision of the organisation is to see a world in which
every person can enjoy the basic human rights set out in the Universal Declaration of
Human Rights and other international human rights standards. With 4.6 million supporters
worldwide, Amnesty International is the worlds largest human rights organisation and
has successfully campaigned for the abolition of the death penalty in scores of states.
Amnesty International offers volunteering, internship, and employment opportunities
to persons interested in involvement in the human rights campaigns, fundraisers, and
promotions run by the organisation.

Human Rights L aw C entre


The Human Rights Law Centre is another not-for-profit, non-governmental organisation,
which protects human rights. The Centre operates in conjunction with law firms,
community organisations, and other human rights organisations to protect human rights
through legal advocacy and research. The Centres vision is to provide advocacy for
human rights protection in offshore detention centres and to promote human rights
protection in foreign policy decisions. Founded in 2006, the Centre has successfully
campaigned for better healthcare access for prisoners. The Centre offers volunteering
and employment opportunities to legally qualified persons who demonstrate a strong
commitment to human rights.

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Human Rights Watc h

Human Rights Watch is also a not-for-profit, non-governmental organisation, advocating


for human rights. Founded in 1978, the organisation monitors, investigates, and reports
on human rights through advocacy campaigns, which have successfully challenged
the human rights policies and practices of international governments. The organisation
employs approximately 400 staff worldwide and has published over one hundred
informative reports on the international state of human rights matters in partnership
with local human rights groups, regional groups, financial institutions, multinational
corporations, foreign governments and the United Nations. Human Rights Watch offers
volunteering, internship, and employment opportunities in Sydney and across their global
offices to persons who are well organised, self-motivated and demonstrate a significant
interest in human rights.

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Disability Services Commissioner

The Disability Services Commissioner is a not-for-profit, non-governmental organisation,


which promotes disability services and protects disability rights for persons living with a
disability in Victoria. The Commissioner is a statutory authority, which is independent of
government, the Department of Health and Human Services and the Victorian Disability
Services under the Disability Act 2006 (Vic).

The Commissioner promotes disability rights through research and education to


improve disability services and the disability services complaint processes for persons
living with a disability. The Commissioner provides a free and confidential complaints
resolution process and operates in support of persons living with a disability, family and
friends of persons living with a disability, and disability services to resolve complaints
through informal approaches, assessment conferences, conciliation services, and formal
investigations.

The Commissioner offers employment opportunities to persons who have interpersonal


and communicational skills, interest in human rights, disability rights, and administrative
law, and experience in the disability, government, or community sectors. The
Commissioner offers employment opportunities to legally qualified persons who are
admitted to practice as a solicitor in Victoria and to nationally accredited mediators. The
Commissioner offers internship opportunities to tertiary students on request.

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Australian Law
Reform Commission

The Australian Law Reform Commission (ALRC) is a not-for-profit, non-governmental


statutory authority, which conducts inquiries into areas of the law at the request of the
Attorney-General under the Australian Law Reform Commission Act 1996 (Vic). The
ALRC makes policy recommendations to parliament on law reform. Over eighty-five per
cent of these recommendations are partially or substantially adopted by parliament in
their final decision-making. The ALRC seeks to make recommendations that simplify
legal complexities and improve the law in accordance with personal rights and civil
liberties under the International Covenant on Civil and Political Rights.

The ALRC offers Sydney internship opportunities to students who are in their penultimate
or final year of an undergraduate or graduate law degree. The internship affords students
the opportunity to increase their awareness of law reform policy and skills in legal
research for one day a week for one semester or for three weeks in January/February
in Sydney. Interns are credited for their contributions to formal ALRC publications
throughout their internship. Students must have strong research, analytical and written
communication skills, the ability to work independently, and relevant work experience or
a demonstrated interest in law reform and/or social policy development.

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Castan Centre for Human
Rights

The Castan Centre for Human Rights Law is a not-for-profit, non-governmental


academic centre, which promotes human rights. Founded in 2000, the Centre provides
public engagement with human rights through public scholarship, public education, and
policy research in international and domestic human rights issues. The Centre promotes
the respect and recognition of human rights through expansion of subject choice,
enhancement of research opportunities, coordination of public lectures, organisation of
public events, and submissions to parliamentary inquiries.

The Centre offers internship opportunities to persons who demonstrate an interest in


human rights law. The Centre offers global internships and in-house internships to
students undertaking an undergraduate or graduate law degree at Monash University.
The In-House Internship provides students the opportunity to work at the Centre for
four days a week for three weeks in January/February or for one day a week during
second semester. The Global Internship provides students the opportunity to work at
an international human rights organisation for three to four months. Students must have
completed International Human Rights (LAW4155), Human Rights in Australian Law
(LAW4172) or Overview of International Human Rights Law (LAW7026), and achieved at
least a credit average across their studies.

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Victoria Law Foundation

The Victoria Law Foundation is a not-for-profit, non-governmental organisation, which


seeks to improve legal literacy and access to legal services in Victoria. The Foundation
is a statutory authority, which seeks to help persons understand Victorias laws and
legal system. Through publications, school programs, and grants, the Foundation seeks
to give persons the knowledge and confidence to understand legal issues and access
legal assistance in Victoria. The Foundation publishes a wide range of legal information
and advocates for the publication of improved legal information, in particular, through
plain language resources.

The Foundation offers internship opportunities to students in their penultimate year


who are undertaking an undergraduate law degree or a juris doctorate at a Victorian
university. The internship provides students the opportunity to be involved with the
publications, education, communications, and events of the Foundation. The internship
may involve undertaking general legal research, writing human resources policy, and
distributing and marketing plans for legal education materials in coordination with other
organisations in the legal sector. Students must have excellent research skills, excellent
communication skills, strong interpersonal skills, strong organisational skills, and an
ability to work independently.

More information on social justice careers can be found in the 2016 LSS
Social Justice and Equity Guide published on the Monash LSS Website.

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Government

Kalidu Wijesundara
Commonwealth Government Departments and agencies offer various types of

legal careers ranging from policy work, advisory and litigious work on behalf

of the Commonwealth. These articles focus on career opportunities provided

by Commonwealth Government Agencies and Departments, including the

Australian Government Solicitor (AGS), Australian Securities and Investment


Commission (ASIC) and Australian Taxation Office (ATO).

Commonwealth Government Agencies such as the AGS, ASIC and ASIO

provide a range of career opportunities for law graduates. The application

dates and procedures vary from agency to agency. Many Commonwealth

Government departments also offer internship opportunities and graduate

programs. The Department of Foreign Affairs and Trade, the Attorney Generals

Department and the Department of Prime Minister and Cabinet are only a few
such examples.

Working with a government department or agency is a unique, challenging


and rewarding experience that all students should consider.

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Commonwealth Agencies

Some Commonwealth Government Agencies include:

Australian Government Solicitor (AGS)

Australian Securities and Investment Commission (ASIC)

Australian Consumer and Competition Commission (ACCC)

Australian Taxation Office (ATO)

Australian Security and Intelligence Organisation (ASIO)


Australian Secret Intelligence Services (ASIS)

Australian Prudential Regulatory Authority (APRA)


Commonwealth Director of Public Prosecutions

Graduate Programs

Many of these agencies do not offer internship programs due to the stringent
screening processes that are required in order to work for these agencies.
However, many Commonwealth Government agencies do offer graduate
programs - both legal programs and programs in other fields of study. The
dates and application processes vary from agency to agency so it is important
to refer to the agency website for further information. However the majority of
government graduate opporunties are advertised on www.apsjobs.gov.au/

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Australian Government Solicitor (AGS)

The AGS, which is now a branch of the Attorney-Generals Department, is responsible


for providing legal advice to the executive government and Commonwealth agencies.
The AGS is one of Australias largest legal service providers with offices in every
capital city and over 320 lawyers engaging in over 40 different areas of law involving
government. Three key practice areas for the AGS are government and administrative
law, corporate and commercial and dispute resolution and litigation.

The AGS does not offer clerkships, but does run a graduate program.

Australian Securities and Investment


Commission (ASIC)

ASIC is Australias corporate, markets and financial services regulator. The Commission
is empowered to enforce the company and financial services laws in order to protect the
integrity of Australias financial markets, corporate sector and the wider economy. It also
focuses on protecting consumers, investors and creditors. ASIC is responsible for
investigating and prosecuting breaches of company and financial services law.

ASIC runs a graduate program for graduates from a variety of disciplines including law
and commerce. The program involves work on numerous high-profile cases and seeks
to challenge its participants from the outset.

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Australian Consumer and Competition
Commission (ACCC)
The ACCC is the regulatory body responsible for protecting consumers and promoting
competition and fair-trading in the Australian economy. ACCC seeks to protect,
strengthen and supplement the way competition works in Australian markets and
industries to improve the efficiency of the economy and to increase the welfare of
Australians.

The ACCC provides both internship and graduate opportunities. Final-year university
students are eligible for the summer internship program, which runs for 6 weeks in
duration. Students studying law, commerce, finance etc. are encouraged to apply for
both programs.

Australian Taxation Office (ATO)


The ATO is the revenue collection agency of the Australian Government and is responsible
for the effective management of the Australian taxation system.

The ATO offers tailored graduate programs for a range of degrees including law,
accounting, finance, economics and commerce. Opportunities for law graduates include
providing legal advice, being involved with litigation and developing taxation policy.

Australian Security and Intelligence


Organisation (ASIO)
ASIO is Australias national security agency. Its role is to collect domestic intelligence,
identify and investigate threats to national security and provide advice to relevant
authorities to protect Australia, its people and interests.

Even though ASIO does not have a specific graduate program, the organisation is
constantly recruiting in a range of career paths. Two career opportunities offered by
ASIO include intelligence officer and intelligence analyst. These career paths are suitable
for graduates from all disciplines. The Business and Corporate branch of ASIO also
employs specialists from a range of disciplines including law.

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Q
-and-
A
with Matt Povey
Senior Manager, Australian Securities and
Investments Commission

Matt completed his Bachelor of Laws at Deakin University in 2004 and his
Practical Diploma in Legal Practice with Monash University in 2005. He
obtained a position in ASICs enforcement division, worked as Manager of
the Administrative Law Division and is currently the Senior Manager of the
Indigenous Outreach Program.

Repeated exposure to
appearance work really
sharpens you up as a
lawyer and helps with
confidence, eventually.

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How did you begin your legal career?
I came to ASIC to complete the work experience component of my law studies. I really
enjoyed the work and applied for ASICs Grad Program. I missed out on a Grad role
but managed to secure a role in ASICs Enforcement division.

What areas of law do you practice in?


Ive had the opportunity to work in a few different practice areas over the years. Until
recently, I managed ASICs Administrative Law Team. I thought Administrative Law was
the pits when I took the unit at university - both times. In practice, however, I found
Administrative Law fascinating and very useful.

What drew you to government work? Did you


always know that you were interested in this
area?
My preference for public interest work drew me to government. I had no idea I would
be interested in corporate regulation until I did the work experience placement.

What is the work culture at ASIC like?


ASIC has a great variety of work and is a flexible and supportive employer. I work
alongside a diverse range of really interesting and smart people engaged in very
consequential matters and projects. Its pretty ace.

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Is there a particular experience/matter youve
worked on that stands out in your time at
ASIC?
The amount of Court and Tribunal appearance work that I have been entrusted with over
the years. Repeated exposure to appearance work really sharpens you up as a lawyer
and helps with confidence, eventually.

What guidance would you give to students that


are interested in working for ASIC?

The variety of work, access to experts and support makes ASIC a great place for a
young lawyer. Also, if you miss out on a Grad Position, dont give up!

Looking back, is there anything you would


have done differently during university to
progress your legal career?

I was mature age student who worked full time so I was pretty business-like about
my studies. If I had my time again, I would engage more in student/campus life.
Networks are a big asset in the business of practicing law and Uni is a great place to
start building them.

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Australian Government
Departments

Australian Government Departments such as the Department of Foreign


Affairs and Trade (DFAT) and the Attorney-Generals Department offer
numerous internship and graduate opportunities for university students and
graduates from a range of disciplines. For more information and a full range
of internship and graduate opportunities offered by Australian Government
Departments visit the Internship and Graduate program links on the
Australian government website.

The Department of Foreign Affairs and Trade, the Attorney Generals


Department and the Department of Prime Minister and Cabinet are just a few
examples of the opportunities available with the Australian Government.

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Department of Foreign Affairs
and Trade (DFAT)

DFAT offers a policy graduate program for applicants of all academic disciplines. The
program prepares applicants for a career as a generalist policy officer. Graduates
work to advance Australias interests across a broad range of areas from security to
human rights, international trade, aid, development and management. They also have the
opportunity to represent Australia in a formal capacity while serving overseas.

The graduate program runs over a period of two years and is based in Canberra.
During the program graduates will undertake five placements (of 5-6 months duration)
across key areas of the departments work including disarmament, development issues,
counter- terrorism, human rights, foreign policy and trade. To be eligible for the program
applicants must be Australian Citizens and have completed a minimum three-year
bachelors degree in any discipline.

The application process involves online applications, online testing and written exercise,
video interviews and assessment centre in Canberra. For more information regarding
key dates and the application process see the DFAT website: http://dfat.gov.au/careers/
graduate-recruitment.

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Attorney-Generals Department

The Attorney Generals Department offers two streams within its graduate program: the
policy stream and the legal stream. To be eligible applicants must be Australian Citizens
with a minimum qualification of a three year undergraduate degree in a relevant
discipline. The department usually seeks applicants with a minimum credit average.

Policy Stream

The policy stream is open to applicants from a range of academic disciplines including
arts, commerce, science and law. Graduates will provide legal and policy advice on
issues such as civil law, human rights and international law or on national security issues
such as countering violent extremism, international crime cooperation, people smuggling,
and extradition. Graduates will also have the opportunity to assist with administering
programs and providing services to support access to justice for Indigenous people, or
emergency management through national disaster recovery.

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Legal Stream- Australian Government Solicitor
(AGS)

The legal stream is open to graduates who have completed a Bachelor of Laws or a
Juris Doctor and are eligible to enrol in a practical legal training course.

The legal stream provides graduates with the opportunity to practice law by providing
legal advice to the executive and government departments. Graduates will have the
opportunity to work with some of Australias foremost legal minds on matters of national
significance. The work of AGS includes providing legal advice to the government
concerning matters of defence (e.g. procurement of aircraft and ships), immigration and
border protection (e.g. construction contracts for Manus Island and Nauru), and initiatives
associated with major economic, regulatory and social reforms (e.g. the National
Disability Insurance Scheme).

For more information about both graduate programs, key dates and the application
process visit https://www.ag.gov.au/About/Careers/Graduateprogram/.

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Attorney-Generals Department:
Australian Law Reform
Commission

The ALRC runs an internship program that provides law students in their penultimate
or final year with the opportunity to work alongside commission members and legal
staff. Interns will be able to increase their awareness of law reform issues and assist the
ALRC in conducting its inquiries by undertaking legal research and writing.

The internship is based in Sydney and the ALRC does not provide any remuneration.
The ALRC runs 3 internship periods: semester 1 (part-time), semester 2 (part-time) and
summer (3-weeks full time). As the internship is based in Sydney, interstate applicants
will be given preference for the summer period. For more information about key dates
and application procedure visit http://www.alrc.gov.au/about/legal-internship-program.

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Department of Prime Minister
and Cabinet

The DPMC graduate program is open to graduates from a variety of academic


disciplines and runs for a two year period. Graduates will help advance Australias
interests by working across government to advise the Prime Minister on policies across
the full range of government activities. Graduates will also be involved in implementing
Cabinet decisions. The program will enable graduates to work on matters of particular
importance to the Prime Minister, current government priorities, social and economic
policies, Indigenous affairs and national security. Graduates may also get the opportunity
to work on special taskforces in areas such as counter-terrorism, Commonwealth-State
relations, cyber security and attend international delegate events.

To be eligible for the program applicants must be Australian Citizens who have
completed a minimum three year undergraduate degree with a credit average. The
applications process involves an online application, online critical thinking tests, online
video interview, online psychometric behavior testing and an assessment centre. For key
dates and more information visit https://www.dpmc.gov.au/work-for-us/graduate-careers.

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Rural, Remote and
Regional

Georgie Owen
From
Clayton
to
Kununarra

By thinking outside of the city with where their careers


could take them, these two Monash Law Graduates found
a calling in the Kimberley. The result is challenging but
fulfilling work which authentically reveals the legal and
social barriers faced in the more remote parts of the
country.

... Being remote we have legal and


social aspects that highlight the
injustices in our legal system that you
would not get in a city CLC and you
definitely would not experience in a
big city firm...

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During their studies, Hannah Levy away and expensive to get back to
and Melissa Bateman knew a career the city but its a beautiful part of
in commercial law was not for them. the country, Hannah says. Mel also
Like Mel, Hannah participated in the favours the place, the people and the
Springvale Monash Legal Service grass-roots approach.
during her studies and clicked with the
approach of Community Legal Centres I like getting to know the people and
(CLCs). working with them and their everyday
complexities. I like the feeling that
I wasnt interested in commercial law, someone comes in with their bags
I knew it wasnt going to be a good fit of dirty laundry and you help them
for me. I liked my time at Springvalewe sort it and work out the best way to
spent time with clients, we listened to deal with it for them.
clients and we worked with them to
give them power over the options The environment is appealing but its
they had. the capacity to work through a diverse
range of legal issues that Hannah and
It was this approach that inspired Mel find so enriching. From seemingly
Hannah and Mel to cross the country simple administrative tasks to tenancy
for their clinical placement and then trials allowing people to keep their
first legal roles after graduating in 2010 houses or interim applications for the
and 2012, respectively. They embarked placement of children, a legal career in
on the journey from a bustling city to a place like Kununurra is unique.
the second biggest town in the vast,
pristine wilderness of Western Australias Working at a CLC up here, we get
Kimberley region. to do a range of tasks and you never
know what will turn up on your desk.
Some people might say why We get to do really interesting,
Kununarra? Anyone who likes the important stuff that we can be
outdoors would understand why its passionate about that we wouldnt
a good place to live. It might be far get to do if we were in the city.

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The pair believes its a misconception The hardest part is the systemic
when people think the types of law problems that youre constantly
practiced in CLCs arent complex, trying to solve and then feeling
particularly in CLCs outside of a city. like you cannot overcome them.
In places like Kununurra, the legal the historical injustice, the extreme
issues are diverse and social and poverty. A perfect example is a client
cultural factors amplify the complexity of we have who cannot overcome systemic
litigation. problems to keep her tenancy.

A simple issue might be someone Mel and Hannah discuss a complex


needs help with their ID. But you legal matter about a woman
might not be able to get mail from the experiencing serious family and cultural
post office without an ID so you cant matters that stop her from attending
receive and pay fines which results in a court. Social factors like not being
suspended license so you cant get your able to afford a phone to call the
kids to school. Something simple like police or being too pressured with
an ID can result in lots of practical family commitments to access support
injustices and difficulties in daily services indicate that for these lawyers,
life. there are deeper issues at play than
purely legal ones.
Mel adds, Applying for an ID is not a
quick process. Sometimes you need to The legal system that we work
get a birth registered because that never within, it does not cope well with
happened which creates feardo I not poverty. The barriers are huge for
exist in the system? or am I going supporting clients with maintaining their
to get in trouble? homes when they simply cannot access
court or sometimes they cant even
Both women speak with passion and apply for housing because they dont
a sense of fulfilment when discussing have an ID.
their approach to their clients and legal
problems. However, when describing It is clear Hannah and Mel work with the
the most challenging parts of their job, people and for the people to overcome
both women speak with an element of legal and systemic obstacles.
frustration.

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Whilst not having worked in the city, with an unwavering commitment to the
they know the experience of practicing unconditional access to justice.
somewhere as remote as Kununurra
provides a raw exposure to the legal Unlike many corporate firms, we
system. dont use the narrow means and
merit test. If a client cant pay,
We work on really complicated things. that doesnt mean they cant have
Being remote we have legal and access to a lawyer. If there are limited
social aspects that highlight the prospects of the application succeeding,
injustices in our legal system that there may be others reasons for taking
you would not get in a city CLC and it on.
you definitely would not experience in a
big city firm. With remoteness of landscape comes
a plethora of challenges that exceed
These two lawyers have developed an mere legal complexities or geographical
appreciation for the injustices inherent constraints. Hannah and Mel are walking
in our legal system that they believe are examples of how stimulating and
perpetuated by the system itself. For rewarding a legal career in a remote
Hannah and Mel, combatting deeply place can be.
embedded inequality means practicing

We always take on matters that


arent going to succeed because
there is a message that needs to
be sent and sometimes,
surprisingly, they win. To me, thats
what practicing law is about.

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Q
-and-
A
with Mishka Holt
Principal Solicitor, Mishka Holt Legal

Mishkas work builds on more than a decade of experience she has in


native title, mining and administrative law. Her firm is funded by the
NTSCORP which offers pro bono legal, research and community facilitation
services to Aboriginal Traditional Owners pursuing recognition and protection
of native title rights and interests in NSW and ACT.

Experience and expertise


comes over time.
Commitment, interest and
passion in any field will
give you an opportunity to
immerse yourself in it and
to gain that expertise and


experience.

114
Why were you drawn to the area of
Native Title?
Working in the social justice arena, and particularly working with Aboriginal People, is
really important to me. One avenue by which Aboriginal People can have their traditional
rights and interest in land and waters recognised is Native Title and that recognition is
what drew me to working in the area.

What are the main challenges of practicing


outside of a major city?

NTSCORPs legal practice is based in Sydney but our services are primarily offered in
regional, rural and remote areas of NSW and the ACT. The main challenges of practicing
outside Sydney are primarily practical ones. Technological advances over the last 11
years since I started with NTSCORP have really made the remote access issues easier.
Gone are the days of spending the evening on the Wi-Fi at a fast food outlet and
hunting down a library to print documents, these days we are routinely travelling with a
USB modem and a small portable printer. Prolonged travel taking you away from family
and friends can also be challenging.

Practicing in rural and remote communities makes you acutely aware of the disparity in
access to services which exists outside major cities and towns. Professionally, you can
see the importance of undertaking regular training and affording yourself of opportunities
to engage with other legal practitioners. This allows you to share knowledge and to
create a supportive network if you are practicing outside a major city.

115
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What challenges are you confronted with that
a commercial lawyer in a major city may not
encounter?
Professionally, I would say that acting for native title claimants means you have a large
client base, perhaps more akin to a class action, and that is quite different from acting
for a commercial client where you likely take instructions from an individual or a few
people who have authority to act on behalf of a company.

NTSCORP routinely takes instructions at large claim group meetings and we focus on
breaking down complex legal concepts and facilitating good discussion about any
advice being given. We can then confidently take instructions. We work in conjunction
with Aboriginal Community Facilitators and that is an important aspect of how we
engage with our clients. One of the obvious challenges is also the accessibility to our
clients. It is really important in our practice to make sure that we are on country and
meeting in person with our clients.

Have you seen an improvement in societys


understanding of Native Title and Indigenous
Rights throughout your career?
I dont know that there is a simple answer to that question. When I first started working
in native title in 2002 there were still very fundamental questions about the operation of
the Native Title Act 1993 (Cth) (NTA) which had not yet been considered by the Courts,
for example the Yorta Yorta judgment, which was handed down by the High Court in
2002, considered what the elements of native title as set out in section 223 of the NTA
really meant.

Native title is an emerging area of law and over the last 11 years I have seen a number
of Court decisions change the playing field; decisions on commercial rights, on the
effect of particular tenures on native title, on what rights can be recognised in the sea,
on the meaning of exclusive possession, on the meaning of the obligation to negotiate
in good faith and on the role of the Applicant.

116
So it would be fair to say that as these issues have been clarified, various parties have
developed a greater understanding of native title applications. In the earlier days of
native title there was still a lot of hysteria about peoples backyards. I think people are
more aware now that native title is about recognising the traditional rights and interests
which Aboriginal People have always had, rather than creating any new rights, and that
those rights and interests need to co-exist with the interests other people have been
granted. In some spheres the change has been notable, the larger mining companies
for example have incorporated native title into their way of doing business.

In saying that though, native title claim groups still carry the heavy burden of proof in
native title matters and claims continue to take a considerable period of time to settle
in NSW. Her Honour Justice Jagot of the Federal Court has said only recently that their
needs to be a cultural shift amongst the organisations dealing with native title and I think
that is a very apt observation.

On the question of Indigenous Rights generally, I think that there is a growing


understanding of Aboriginal and Torres Strait cultures and on the need to close the
gap on important issues like health, housing and education but that is different to an
understanding and commitment to deliver a rights based agenda. It is a long way from
Self-Determination and Treaty.

When I see stories about local councils refusing to fly the Aboriginal Flag or Adam
Goodes being booed for asserting his identity or things like funding cuts to the
Aboriginal Legal Services custody notification service and a refusal to provide basic
services to force the closure of remote Aboriginal Communities, I am reminded of how
far we have to go.

Some of these prejudices and inequities are overt, others like structural racism and
peoples own unconscious prejudices are more insidious. As individuals and as a
society we need to be ever vigilant about the various forms racism can take. I think we
will see real advances on the recognition of Indigenous Rights when we harness that
awareness.

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Could you describe what makes your job so
rewarding and enriching?
To be honest I have had the great privilege of doing a job I love. Experience and
expertise comes over time. Commitment, interest and passion in any field will give you
an opportunity to immerse yourself in it and to gain that expertise and experience.

Engaging with stakeholders in a respectful manner and developing knowledge and a


genuine understanding of their issues assists in identifying options for resolution.

The opportunity to work with Aboriginal People towards achieving social justice has
been really rewarding. Receiving an ongoing education about various communities,
cultures and traditions and being inspired by the strength and perseverance of Elders
has also been very personally rewarding.

Being part of a process which recognises Aboriginal Traditional Owners and seeks to
address past injustices and dispossession, and more widely is an act of reconciliation,
has made the job enriching.

How would you promote a legal career in a


rural, regional or remote area to a graduate
law student?
Working in a rural, regional or remote area often presents the opportunity to work within
a diverse practice and to develop a large skill base in a short period of time.

Rural, regional and remote communities are also often close communities, with unique
identities, and this can be great to become part of.

If you are interested in native title consider contacting Aurora to apply for
an internship with a native title representative body or contact a native title
representative body direct to see if you can do a voluntary placement. Its a
great way to see if native title is for you and in the case of NTSCORP, our interns
and volunteers often go on to become paralegals and law graduates within the
organisation.

118
Question 1

To Go, or Not to go
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That is the Question!


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dolum si ducias law degree can have
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excited by the options but daunted by the prospect of
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competing for positions.
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just isnt on the cards but for those who are open to the
possibility, your opportunities Question 2
are endless. We hope to
provide you some guidance on how to approach a move
should you consider
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ullumque modi in andisqu
your career.
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Get Experience
Work experience is invaluable in every Lawyers in Echuca, Hugh Melville thinks
profession; you acquire skills and its integral to have general experience
knowledge and can gauge whether in a field as opposed to coming straight
the field of work is appropriate for your from university.
character. Work experience benefits the
employee and employer as both parties People who have done a stint in
can ascertain whether their relationship another firm or in a different working
is temporary or potentially sustainable in environment tend to bring new skills,
the future. new perspectives and a different way of
doing things. Its always interesting to see
Bronwyn Vine is a Director at Morrison what other skills or workplace practices
& Sawyers Lawyers in Echuca. Vine can be brought in and that is an
says students who are interested in the advantage.
balanced lifestyle of regional practice
should undertake clerkships during their Being part of a process which
studies. If they perform well during their recognises Aboriginal Traditional Owners
clerkships, they get offered positions. and seeks to address past injustices
and dispossession, and more widely is
Its not just legal work experience that an act of reconciliation, has made my
can bolster a budding lawyers skillset. job enriching.
As a Director of Dawes & Vary Riordan

Know Your Character


Gaining experience will help you understand your applicability to the legal profession.
However, truly understanding your character, your ambitions and how you operate will
be essential in determining whether or not the regional legal lifestyle is for you.

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Don Robinson is a Principal at pigeonhole employers into a specific
Hardwood Andrews and is based in area of expertise. Ultimately, he says it
their Ballarat office. Years of commuting depends on the person.
and slogging out early mornings and
late evenings practicing in the city It comes down to your character. If
were exchanged for kinder working you want to be a real, cutting edge
conditions in Ballarat. Having experience Legal Lee, then you might be more city
in both metropolitan and regional focused as opposed to a regional focus
practice, Robinson prefers the diverse which can be more community based,
cases and characters in the country more about assisting people.
over the tendency of the city firms to

Choose the Best Starting Point


for You
Lawyers are divided about whether its Don Robinson thinks if youre somebody
better to begin a law career in the city who values a balanced lifestyle, it could
or in a regional area. One argument, be better to start practicing regionally.
favoured by Garry Woodhams of There is a tendency for people to want
Woodhams OKeeffe & Co lawyers, is to to cut their teeth in the city where you
start in the city. get a higher income but I think there is
a great ability to move to the regions
If you want to get to know the law, and get to know the law but also have a
do a few years in town. If you did well more rewarding lifestyle.
in a practice in town, pick an area in
the country where you can get some At the end of the day, lawyers agree that
work. It also depends what your niche practicing in major cities and in regional
is going to beif its mergers and areas are completely different from
acquisitions, youd consider staying in one another. Though the experience is
town. different, it is not at all disadvantaged,
depending on where your career
begins.

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