Careers Guide 2014 Macquarie University Law Society
Clerkship Guide 2014
[1]
PLATINUM SPONSOR
ACKNOWLEDGMENTS EDITOR Valiant Warzecha DESIGNER Nathan Li
GOLD SPONSORS
CONTRIBUTORS Debra Ronan, Jack McDonell, Jenny Tridgell, Lise Barry, Max Turner, Penelope Watson and Sebastian Hartford Davis With great appreciation to all of contributors to the 2014 Careers Guide. Special thanks to Nathan Li (NXL Design) for his outstanding design work for the guide as well as Fraser Browne, Jack McDonell, Sevanne McGarity, Laura Webster and Jenny Tridgell for their invaluable counsel and support.
SILVER SPONSORS
DISCLAIMER The views expressed in this publication do not necessarily reflect those of the Editor or the Macquarie University Law Society and are in no way associated with Macquarie University. Best efforts have been made to ensure that all information in this publication is correct as at 4th October 2014 but is subject to change without notice. The advice is merely advisory and should not be relied upon as professional advice.
SUPPORTING SPONSORS
This publication is distributed free of charge with the understanding that the authors, editor and any persons related to this publication are not responsible for the results of their actions or omissions on the basis of any information provided within this publication. The user of this guide therefore acknowledges that he or she will take responsibility for his or her actions and will under no circumstances hold the Editor, authors or Macquarie University Law Society responsible for any damage resulting to the user or anyone else from use of this publication. MULS encourages those applying for any sort of graduate position to obtain confirmation of all information through the institution itself.
[ 2 ] Careers Guide 2014
Macquarie University Law Society
2 3
President’s Welcome and Editor’s Note Job Seeking by Jack McDonell
CONTENTS
35 Index: Types of Law for Career Research
7 SECTION I: Admission and Practice 8 8 9
Barrister Solicitor Interview with Sebastian Hartford Davis 18 SECTION III: Public Interest Careers and Graduate Opportunities
19 20 21 22 22 23 24 25 26 26
Justice and Social Justice Prosecution International Law Reform and Policy The Courts Regulators Government Policing & Intelligence Finance Defence
Macquarie University Law Society
11 SECTION II: Voluntary Work and Experience 12 14 15 16
PACE Community Legal Centres Government NGOs + Commercial 27 SECTION IV: Private Law and Alternative Careers
28 Commercial Law 29 Corporate Advisory, Consultancy and Finance 29 In-house Counsel 29 Personal Injury 30 Interview with Lise Barry 31 Mediation 31 Family Law 32 Legal Publishing 32 Academia 33 Interview with Penelope Watson 34 International Careers
Clerkship Guide 2014
[3]
President’s Welcome Max Turner President
I can say with certainty that there are at least two things law students hate: failure and uncertainty. Whilst we fetishize 30-year plans, corner offices and unbridled amounts of wealth, we secretly dread the prospect of contemplating what our futures really have in store for us. Similarly, we cower at the prospect of denting our near-perfect GPAs and measure success against the number of clerkship offers we receive. What’s worse is that our career aspirations are narrowly constructed. Successful graduates, HBO legal dramas and capitalist discourse have compounded to create the grand delusion that a career in commercial law is the only escape from our lowly student lives. This is by no means the case. Most law students are astonished to learn that not even half of them will pursue a career in the legal industry. Astonishment then quickly turns to concern to embarrassment and finally to curiosity when we realise that we don’t even know what is really out there. Thankfully, the Careers Guide captures the opportunities and diversity that we may never knew existed. The Careers Guide is designed to serve as a roadmap. The Guide plots paths to a vast number of industry destinations, such as justice, prosecution and other governmental departments, the not-forprofit sector, international firms and the commercial and corporate world. The Guide acknowledges that the way of thinking and the abilities that you acquire from your legal education are transferable to a number of career paths and destinations. As such, the Guide will be of immense value, regardless of whether graduation is imminent or you’ve freshly kick-started your LLB or JD. Information without experience is worthless. As such, I wish to thank all contributors for generously donating their time and insights. To our loyal sponsors, thank you for your continued support of our Society and particularly our publications. Finally, it would be remiss of me not to acknowledge MULS’ Editor, Valiant Warzecha. Congratulations on producing another fine publication.
Editor’s Note Valiant Warzecha Editor of Publications
It is never too early (or too late) to be thinking about where your law degree will take you. The 2014 Careers Guide has been designed to be a catalyst for considering careers that aren’t usually on the radar, and equally to be a practical starting point for finding your niche. For students in the earlier years, start by finding out what interests you, research the industry conditions for the area of law, plan your subjects to align with the knowledge that is needed and if possible, undertake work experience in the area to see if it is the path you want to take. It is natural for this process to take time and for your ideas to evolve - so don’t feel pressured like you need to know immediately! For graduates, firstly, do not panic! It is most likely that you have completed all of your electives and know which areas of law you found interesting or that you have excelled. With this knowledge, it will be possible to narrow down which graduate programs you will want to apply for and/or the paths that you can take. Current industry conditions show that supply of law graduates is increasing, which means that you should be creative and think outside the box when considering careers – the legal skill set is applicable to many scenarios that are not typically associated with strict legal practice. For the mechanics of how to write a cover letter, resume and be successful in interviews, I refer you the respective sections in the 2014 Clerkship Guide, which can be found at the following link: http://bit.ly/1tU6GLT I hope you find this Guide useful and it inspires you to find where your passions meet a career!
I am thrilled to present to you the 2014 Careers Guide.
[ 4 ] Careers Guide 2014
Macquarie University Law Society
Job Seeking for Law Jack McDonell MULS Careers Officer
Seeking a job is more complicated and competitive than it has ever been. Despite this, there are many ways in which you can make your life easier in this area. There are many job websites and resources for students and recent graduates looking for employment, whilst the below list is by no means all encompassing, it is a solid starting point for those seeking a legal career. •
•
Macquarie University Careers Hub: The Careers Hub is constantly being updated with new opportunities and internships as they arise. [For more, see https://www.careerhub.mq.edu.au/] College of Law Careers Service: This service is suited for current and past students seeking work experience placements, graduate positions and legal positions with up to five years experience. This service is one of the most
Macquarie University Law Society
•
•
•
regularly updated and user-friendly services available to students, especially those searching for small to medium firm experience or Practical Legal Training. [For more, see http://www. collaw.edu.au/careers/] Beyond Law: The newest careers service for law students, the beyond law page serves as an excellent resource tool for job seeking. As well as a job board, you will find resources, as well as the ability to sign up and receive job alerts which may be of interest to you. [For more, see https://beyondlaw.com.au/] University of Technology Sydney Jobs Board: Much like those mentioned above, this service is an excellent source of Practical Legal Training providers, as well as graduate employment. [For more, Google: UTS Law Careers] Seek and CareerOne: Both of the large job >>
Clerkship Guide 2014
[5]
•
search websites contain numerous law related jobs. If you are interested in in-house counsel work, or working for large companies than these job boards may be of the greatest use for you. If you are looking to save yourself time in the future, you should look to create a profile and receive job alert updates for sectors, which interest you. [For more, see: www.lawsociety. com.au/jobs/ - powered by Seek; http://www. seek.com.au/; http://www.careerone.com.au/; http://survivelaw.com/index.php/jobs]
It is important to remember that finding a job you are interested in is only the first step in the process. It is essential to hone your networking, interview and interpersonal skills if you are to succeed in becoming employed. The Six Top Tips for becoming employed should always be remembered. MULS Careers’ Six Tips For Gaining Employment: 1. Search for something you will enjoy: likelihood is that you will be more willing to put in the effort if you are truly passionate about what you are applying for. 2. Keep your Resume updated: it is often the case that you may find a great job where applications close in a short period of time, if
[ 6 ] Careers Guide 2014
3.
4. 5. 6.
your resume is updated then you have one less thing to prepare. Customise: your cover letter should be a reflection of the company you want to work for, If you can find out what the company is proud of, who the key people in the company are, and how you fit into the structure you will be rewarded. Network: whatever you end up doing in life, you will need to gain the ability to form relationships quickly. There is no substitute for practice. Dress Appropriately: First impressions matter! Let your personality stand out, not your wrinkled suit. Persevere: Unfortunately you may have to apply for a number of jobs before you get an offer. This is normal. Try not to get discouraged because you never know when a great job opportunity will come your way.
Wishing you great success in all of your career endeavours, Jack McDonell | MULS Executive Officer (Careers)
Macquarie University Law Society
I.
Admission and Practice
Lawyers in New South Wales are admitted as lawyers of the Supreme Court of NSW and can practice as either a barrister by obtaining a practicing certificate from the NSW Bar Association, or alternatively as a solicitor by obtaining a practicing certificate from the NSW Law Society.
Macquarie University Law Society
Clerkship Guide 2014
[7]
Barrister
Barristers are lawyers who specialize in court work and advocacy for clients before courts and tribunals. Their work involves the preparation of court documents and advising client about the likelihood of their case being successful if litigated. Barristers work independently and are briefed by a solicitor before they take on work. To practice as a barrister, a person must satisfy the following: 1. Be admitted as a lawyer by a State Supreme Court;
involves ‘reading’ under the supervision of a barrister (with at least 7 years experience) for at least 12 months and completing the month long Bar Practice Course. • This is a four-week long full-time course held in Sydney in May and Aug/Sept of each year. The Bar Practice Course fee is $3,800. In the following 11 months after the course, it is also compulsory to satisfy requirements such as completing criminal and civil reading, two advocacy workshops and attending six follow-up sessions.
2. Gain a pass mark of 75 for all three Bar entrance exams, covering the topics of ‘Ethics’, ‘Evidence’ and ‘Practice and Procedure’ (this must be attained before commencing the Bar Practice Course) • Each exam runs for 3 hours and are held in February and June each year. • All three exams must be passed over a tenmonth period. Exam fees are $250 per exam;
Having satisfied the above requirements, application to practice must be lodged with the Bar Association of NSW and practice must be commenced within ten months of passing the Bar exams.
3. Undertaking the ‘Reading Programme’, which
For more information, see www.nswbar.asn.au.
Barristers are required to have Professional Indemnity Insurance and accrue Continuing Profession Development (CPD) credit each financial year for certificate renewal.
Solicitor
Eligibility The eligibility requirements for admission as a solicitor are set out in sections 24 and 25 of the Legal Profession Act 2004 (NSW) (LPA), which state that a person must: 1. Be over 18 years of age; 2. Complete a recognised tertiary qualification in law (completing the 11 core subject as per the
[ 8 ] Careers Guide 2014
Uniform Admission Rules) and the requisite Practical Legal Training (PLT); and, 3. Be a ‘fit and proper person’ – be of good fame and character (see s 9 of the LPA). Practical Legal Training Having completed an accredited law degree, graduates must undergo PLT with an approved
Macquarie University Law Society
course provider (as provided by the Fourth Schedule of the Legal Profession Admission Rules 2005). For information on course providers and their course structures, see the following websites: • The College of Law - http://www.collaw.edu.au • ANU Legal Workshop - http://law.anu.edu.au/ legalworkshop/gdlp • UTS - https://www.uts.edu.au/future-students/ find-a-course/courses/c11232 PLT generally consists of 3 components: 1. Coursework (full time, part-time, distance or oncampus) – which will include training for: • How to conduct legal research • Analysis of facts and the law • Problem solving • Interview technique and communication • Drafting advices • Advocacy • Dispute resolution Depending on the course provider, you will study core practice areas and may be able to select electives, which will allow you to focus on your intended area of practice/ specialization. [Completion of LAW456 Dispute Management and Resolution may be credited for PLT course requirements] 2. Work Experience – a set number of working days that must be completed on a part-time or full time basis in an approved legal environment. 3. Continuing Professional Education - often online self-assessment activities affirming what has been learnt in the coursework component of the PLT. Admission as a Solicitor of the Supreme Court of New South Wales To practice as a solicitor in New South Wales you must: 1. Apply to be admitted as a lawyer in the Supreme Court of NSW (satisfying the eligibility and suitability requirements). Admission is only required once and this application is not required if you have been admitted in another state. A successful application will require you to attend the Supreme Court of NSW to: • Take and sign the Oath of practice; • Sign the roll of Australian Lawyers; and, • Gain an original Admission Certificate. 2. Lodge an application for a Practicing Certificate in the jurisdiction you intend to practice. This will need to be renewed each year in order to continue practicing. For NSW, applications are lodged via the Legal Profession Admission Board (LPAB). >>
Macquarie University Law Society
Interview with Sebastian Hartford Davis Sebastian recently went to the Bar in April of 2014 and currently tutors Equity for the Macquarie Law School. Having studied at Oxford to gain a Bachelor in Civil Law and later a PhD, how did you go about applying to study there? There is a misconception that applying for postgraduate law at Oxford is an extremely difficult process to undertake. This isn’t so, it is like any other application invoking a standard form, supporting documents and referees. The distinguishing factor for the success of your application is usually grades – but those with first class Honours should be well placed. As part of your application, you need to do some research to figure out which College best suits what you want to get out of the Oxford experience. I started at Keble College, which is traditionally sports orientated but has a great law program. I then moved to New College, where I became a Junior Dean. The two colleges were very different. There are numerous Macquarie Alumni at Oxford who will be glad to assist, myself included. [More information can be found at: http://www. ox.ac.uk/admissions/postgraduate_courses/apply/] Having recently gone to the Bar, what was the process you had to go through to establish yourself as a barrister (aside from the admissions processes)? I applied for a place at Banco Chambers over a year in advance of my anticipated start date (May 2014), and as part of my application made approaches to my tutors. I sat the exams in February 2014, and attended the bar course for the month of April 2014. Other steps were purchasing the appropriate attire for court (robes, wig, bar jacket, jabot), an office chair and any computer equipment. The bar course is very informative about other necessary matters such as professional >>
Clerkship Guide 2014
[9]
Applications should be made using Form 10 from the Legal Profession Admission Rules 2005 and must have two character references attached in Form 3. Before admission, the NSW Law Society usually receives a list of proposed lawyers to be admitted from the LPAB and will send these individuals a kit which includes a Practicing Certificate application form. This form needs to be completed and payment sent to the Law Society Register by the specified date. Once admitted, the Admission Certificate will need to be taken to the Law Society to receive a Practicing Certificate. (It is encouraged that you seek clarification and research the explicit requirements for the application and admission) Practice Newly admitted solicitors are required to undertake
indemnity insurance. It is also important to have savings to fall back on when you start up, since cash flow is often an issue when you invoice and payment takes 4 to 5 weeks to come through. Many new barristers are able to solve the cash flow problem by doing devilling work (research etc for other barristers), where payment is usually immediate. [More information can be found at: http://www. nswbar.asn.au/coming-to-the-bar] You are quite young - why did you decide to go to the bar so young? It is a misconception that people tend to go to the bar in middle or old age. In my bar course, my impression was that the average age was about 30. The conventional path to the bar is to work at a law firm in litigation for 4 to 5 years and then transition. My path was different - I worked as a judge’s associate, undertook postgraduate study overseas, and worked at Piper Alderman in a litigation practice before and after each of those things. Timing is a personal thing. I felt that I was ready and preferred to go to the bar sooner rather than later. In the end, each person makes this decision alone. As a student how would you prepare to go to the bar if that is your chosen path? What is the best piece of advice you can give to aspiring barristers? I have two pieces of advice. First, do as many moots and advocacy skills competitions as you possibly can. Secondly, work hard. You need to understand the law, but you also need to have a good CV, both to get into chambers and to attract work.
[ 10 ] Careers Guide 2014
two years of supervised practice and a Practice Management Course if you wish to practice as a sole solicitor. Practicing certificates are renewed each year when the requirements of Mandatory Continuing Legal Education (MCLE) are met. A set number of hours of professional development must be completed each year (10 MCLE units) such as private study, giving lectures, attending seminars and publishing articles. To practice in a court exercising federal jurisdiction, it is required that the lawyer is entitled to practice in State Supreme Courts and entered in the Register of Practitioners held by the High Court of Australia. It is possible to practice in other Australian states and New Zealand without readmission through mutual recognition schemes.
What work did you carry out as an associate to Chief Justice French and how has working in this capacity aided your work as a Barrister? The work of an associate broadly has three stages: 1. Preparing for hearings - this involved writing research memoranda, summarising submissions, preparing and forming a personal view (which your judge may or may not ask you about, but which will help you to get the most out of the experience), and packing the trolly with all the cases etc needed for the hearing. 2. Assisting the judge in court – this involved passing the judge cases or anything else he/ she might need, but also involved listening to submissions made by the barristers and observing their interaction with the bench. 3. Proofing judgments – in my experience, an associate plays no role in writing judgments, but would assist in checking references, making sure there were no typographical issues and that quotes were verbatim. My experience as an associate was formative, and has aided my practice at the bar in a number of ways. First, it gave me perspective into the work of a judge. Second, it taught me how to read cases properly. Third, it was very helpful to be able watch some of the best (and worst) barristers in action. Is there any general advice you would give to law students? Pursue what you are passionate about, back yourself and don’t be too concerned about what everyone else is doing and the trends in the market.
Macquarie University Law Society
II.
Voluntary Work and Experience
The paradox of being a law student searching for employment is that previous work experience is required to get the job and conversely to get experience you need to have had previous employment. The following section is a resource for finding voluntary work as a springboard for gaining employment or gaining insight into career in social justice. There are several resources for finding such work, which include: Social Justice Opportunities http://www.sjopps.net.au/sjopps/home.asp Ethical Jobs http://www.ethicaljobs.com.au
Macquarie University Law Society
Clerkship Guide 2014
[ 11 ]
Professional and Community Engagement (PACE) Units in the Macquarie Law School Debra Ronan PACE Coordinator for the Macquarie Law School
Professional and Community Engagement (PACE) units are participation units that have become a compulsory part of the completion of a Macquarie Law degree. They are an excellent opportunity to gain academic credit for practical experience in a range of organizations. To be eligible to complete a PACE unit, you must have completed 6 or 12 credit points at 300 level (depending on the subject) and gain permission to undertake the unit by the Executive Dean of Faculty via the e-student waiver process. [Students are advised to confirm their eligibility with reference to the Macquarie Course Handbook: http:// www.handbook.mq.edu.au/2013/Units/UGByCode] The following units are offered: LAW488 Access to Justice Clinical Placement Program http://www.handbook.mq.edu.au/2014/Units/UGUnit/ LAW488 Students involved in LAW488 engage in a structured program and observational learning environment within particular organisations. Students undertake placements with the Public Interest Advocacy Centre, Macquarie Legal Centre CLC general program, and Macquarie Legal Centre Family Law Program.
[ 12 ] Careers Guide 2014
LAW488 is also used for special placements that relate directly to social justice and access to justice issues. Currently students volunteer at the Refugee Advocacy and Casework Service (RACS), and participate in the ‘Considering Aboriginality’ database project with the Aboriginal Legal Service (ALS). LAW488 places are advertised in November for Semester 1 of the following year. Students apply for places in the various programs, and are selected mainly on aptitude and in some cases academic excellence. Occasionally additional placement opportunities will arise, and they will be advertised by the Convenor (Debra Ronan) via email. This unit is offered both in Semester 1 and 2 of the academic year. LAW551 Professional and Community Engagement http://www.handbook.mq.edu.au/2014/Units/UGUnit/ LAW551 This unit provides the opportunity for students to engage with the legal profession and community through participation in a variety of workplace experiences including, but not limited to law firms, legal centres, community based legal organisations and services, government agencies and notfor-profit organisations. The experience may be
Macquarie University Law Society
via clerkship, volunteer work, or internship, and may be undertaken on a weekly or block basis, and students must do a minimum of 60 hours with the organisation. Students source their own placements, and must apply via on-line application to have their placement approved. Students are placement- prepared via MQ seminars, and are required to set and evaluate goals, engage in reflective practice, and an ethics based academic program. This unit is offered in Semester 1, 2 and 3 of the academic year. LAW599 Legal Governance and Professional Leadership http://www.handbook.mq.edu.au/2014/Units/UGUnit/ LAW599 In this unit students interact with legal practitioners and social justice policy-makers from the legal profession, government, corporates, and advocacy groups, to generate law reform proposals. Current stakeholders include the NSW Law Reform Commission, the Aboriginal Legal Service (NSW/ ACT) NSW Law Reform Commission, Rule of Law Institute of Australia and Equity and Diversity Unit, Macquarie University Students apply to participate in this unit via on-line application. Applications open and close in the prior session i.e. in session 1 for session 2. LAWS552 PACE International http://www.handbook.mq.edu.au/2014/Units/UGUnit/ LAWS552 LAW552 involves participation in an international law placement for academic credit. It involves participation in a professional placement overseas that is arranged by the student them self; or as an international internship as part of Macquarie University PACE International program. PACE International internships may actual in country placements, or ‘remote’ where students participate in projects for organisations by engaging with them via ‘skype’. Student-sourced overseas placements Students who source their own placement must do a
Macquarie University Law Society
minimum of 60 hours with the organisation. Recently students have worked for Law firms and other organisations in New York, London, Hong Kong, and the UAE. Students nominate a placement via on-line application. Applications open and close in the prior session, i.e. in session 1 for session 2. The Convenor will advertise the unit via email. Overseas Internships Overseas internships are offered during the winter and summer vacation periods, and range from 4-11 weeks. The internships are arranged by Macquarie Law School and MQ PACE International (with Australian Volunteers International). Involvement with these organisations is varied, and could include assisting with legal research, legal policy drafting, legal reform reviews, case assessments, case briefings, policy report and literature reviews, international and local comparative law analysis, researching or developing advocacy models or tools, researching or developing community education models or tools, and creation of resources (e.g. advocacy or educational). Organisations include: PACOS Trust, Sabah Malaysia; Arbitration Foundation Cambodia; Cambodian Human Rights Action Committee; Legal Aid Cambodia; ADHOC Cambodia; AIJI Cambodia; Bahay Tuluyan Foundation Inc, Philippines; Restless Development India. International opportunities can be found on the PACE International web-page, and will also be advertised by the Convener (Debra Ronan) by email. The PACE International opportunities webpage can be found at: http://students.mq.edu.au/opportunities/ professional_and_community_engagement/ international_opportunities/where_can_i_go/ Students undertaking LAW552 PACE International overseas placements may be eligible for PACE Travel Grants. ‘Remote’ Internships Students undertake remote internships during weeks 1-13 of session 1 or 2. Opportunities are advertised by the Convenor as they arise.
Clerkship Guide 2014
[ 13 ]
Community Legal Centres
Community Legal Centres (CLCs) are independent community-based organizations, which provide legal services to disadvantaged or marginalized people. Whilst they employ part time staff, there is a reliance on the contributions of volunteer students and solicitors. The spectrum of CLC work can include: 1. Providing information and referral of matters; 2. Legal advice; 3. Legal casework and representation in specific areas of law; 4. Community legal education; and, 5. Law reform and the development of public policy. More information can be found at: http://www. clcnsw.org.au/ CLCs often specialize in providing support for targeted areas or for certain groups in society, some of the major CLCs include: 1. Refugee Advice and Casework Service (Immigration Law) - http://www.racs.org.au/ 2. Environment Defender’s Office (Environment and Planning Law)- http://www.edonsw.org.au/
[ 14 ] Careers Guide 2014
3. Women’s Legal Services (Family, Discrimination and Criminal Law effecting women) - http://www. womenslegalnsw.asn.au/wlsnsw/ 4. Financial Rights Legal Centre (Credit, Debt, Banking and Insurance Law) - http:// financialrights.org.au/ 5. Aboriginal Legal Centre (NSW/ACT) (law effecting Aboriginal persons) - http://www. alsnswact.org.au/ 6. Redfern Legal Centre - http://rlc.org.au/howapply-volunteer-legal-assistants • The RLC has 2 intakes of volunteer legal assistants throughout the year. A list of the CLC’s accepting applications for volunteer positions is available at: http://clcvolunteers.net.au/ [It is recommended that interested students email or call the organisations directly to confirm whether applications for volunteers are being taken.]
Macquarie University Law Society
Government Australian Law Reform Commission (ALRC) The ALRC allows the opportunity for penultimate law students to work as voluntary interns with Commission members and legal staff. Interns can work with the ALRC for a day per week for one semester or in a three-week block over the summer break (during January and February). These internships are an excellent opportunity for penultimate year students to become more aware of law reform issues whilst also enhancing research and writing skills. Work completed by interns is credited in ALRC publications and is undertaken under supervision of ALRC staff members.
2014 Program Dates Semester
Intern period
Semester 1
17 March – 6 June (1 day a week)
Semester 2
4 August – 17 October (1 day a week)
Summer 2015
3 week period between either: • 12 Jan – 30 Jan; or • 2 Feb – 20 Feb
*The 2015 internships dates will be announced in November 2015 and are to be published in the ALRC Brief. For more information about the application process and criteria, see the ALRC internship site: http://www.alrc.gov.au/about/legal-internshipprogram
Macquarie University Law Society
Clerkship Guide 2014
[ 15 ]
NGOs + Commercial Salvos Legal Salvos Legal is a ‘revolutionary’ not-for-profit law firm owned by the Salvation Army which performs paid property and commercial work as a means of funding its sister ‘legal aid’ firm Salvos Legal Humanitarian, a free full service firm that assists the disadvantaged or marginalized groups in society. • Volunteers can gain experience in both the Humanitarian and Commercial aspects of the practice at the Sydney Headquarters. • For more information how to volunteer, see their website: http://www.salvoslegal.com.au/careers Justice Action Justice Action is an independent advocacy group that assists victims of abuse of authority, particularly focusing on criminal justice and the health system. Volunteers provide support for prisoners on mental health issues and in court as well as assist with legal policy development and initiating campaigns to expose systemic abuses. • For more information about how to get involved: http://www.justiceaction.org.au/cms/contact/getinvolved Aurora Project The Aurora Project was established in response to the need for professional development of lawyers at Native Title Bodies and has expanded into indigenous education and other matters generally affecting Indigenous Australians. The project facilitates internships for students in indigenous corporations, government bodies, community groups, non-for-profit and policy organisations in both regional and urban Australia. • For more information on the Aurora Internships: http://www.auroraproject.com.au/node/426 • Placements are with over 40 different organisations and law firms around the country. Internships are generally 4 weeks and are run in the winter and summer breaks.
[ 16 ] Careers Guide 2014
Amnesty International Amnesty International is an NGO, which focuses on raising awareness for and fighting against international human rights abuses and issues. • For more information about: http://www.amnesty. org.au/get-involved/comments/24378 Greenpeace Greenpeace is an independent organisation that uses non-violent direct action to expose environmental issues and lobby for government to take action. • For more information see: http://www. greenpeace.org/australia/en/what-you-can-do/ volunteer/ DLA Piper Pro Bono DLA Piper offers internships in the Sydney Office on a full-time basis (5 days per week) in their pro bono practice area. Applications are usually due by the 30th of September each year and applicants are notified of the outcome on or before the 31st of October. • For more information: http://beyondlaw.com.au/ job-hub/posting/183/pro-bono-internship-dlapiper?returnl= This list is not exhaustive, other internships include: 1. The Australian Human Rights Commission https://www.humanrights.gov.au/about/jobs/ current-vacancies/internships 2. The Department of Foreign Affairs and Trade http://www.australianaidvolunteers.gov.au/ 3. Cancer Council - http://www.cancercouncil. com.au/get-involved/volunteer/volunteeropportunities/ 4. Lawyers Without Borders - http://www.lwob.org/ 5. The Australian International Disputes Centre http://www.disputecentre.com.au
Macquarie University Law Society
Macquarie University Law Society
Clerkship Guide 2014
[ 17 ]
III.
Public Interest Careers and Graduate Opportunities
[ 18 ] Careers Guide 2014
Macquarie University Law Society
Justice and Social Justice
Administrative Appeals Tribunal (AAT) http://www.aat.gov.au/ The AAT reviews administration decisions made by the executive branch of government – ministers, departments and agents. It has 4 major divisions of operations – General Administrative, Security, Taxation and Veterans’ affairs. Practice Area: Administrative Law. Employment opportunities at the AAT are advertised in the Australian Public Service Gazette and can also be found at this link: http://www.aat.gov.au/ WorkingAtTheAAT/CurrentVacancies.htm To be eligible for employment by the AAT, prospective employees must: • Undergo a security and character check; • Be an Australian Citizen; • Not have received redundancy payment from the APS or a Commonwealth employer; and • Undergo a medical examination. Australian Government Solicitor (AGS) http://www.ags.gov.au/ Advises and represents government clients in most areas of law. Practice areas: Government and Administrative Law, Corporate and Commercial, Dispute Resolution and
Macquarie University Law Society
Litigations and other general areas. National Graduate Program – 12-month graduate program with placement as a practitioner in the AGS. Application dates follow the NSW Law Society Graduate Program. The AG Graduate program includes an orientation program, rotation through one or more of the three AGS practice areas, placement with a government department or agency, pro bono work, sponsorship of PLT requirements, in-house training and mentoring support. For more information about the AGS Graduate Program: • http://www.ags.gov.au/employment/docs/2015National-graduate-program-brochure.pdf • http://www.ags.gov.au/employment/graduateemployment.html Legal Aid NSW http://www.legalaid.nsw.gov.au/ Provides legal advice and representation for socially and economically disadvantaged clients across New South Wales. Practice areas: Criminal Law, Civil Law, Family Law, Law Reform and Community Legal Education. Employment opportunities at Legal Aid NSW are advertised on Jobs NSW: http://www.jobs.nsw.gov.au/
Clerkship Guide 2014
[ 19 ]
NSW Crown Solicitor’s Office http://www.cso.nsw.gov.au/cso/cso_index.html
Public Interest Advocacy Centre (PIAC) http://www.piac.asn.au/
Provides legal advice and services to the NSW State Government, Departments and Agencies.
PIAC is an independent, non-profit law and policy organization, which provides legal assistance to vulnerable and disadvantaged groups in society.
Practice Areas: Administrative Law, Child Protection Law, Commercial Law, Community Law, Constitutional Law, Coronial Law, Criminal Law, Employment Law; Native Title Law, Property Law and Tort Law. Job opportunities for the CSO are advertised on the CSO Website: http://www.cso.nsw.gov.au/cso/ cso_workingwithus/cso2_current_vacancies.html Office of Parliamentary Counsel http://www.opc.gov.au/ NSW: http://www.pco.nsw.gov.au/ Drafts bills and amendment bills for introduction into the Houses of Parliament as well as publication of information relating to legislation.
Area of Law: Law Policy, Discrimination Law, Human Rights. PIAC advertises voluntary and paid positions on their website: http://www.piac.asn.au/about/careers NSW Council for Civil Liberties (NSWCCL) http://www.nswccl.org.au/ The NSWCCL is an independent human rights and civil liberties organization, which fights against infringement of democratic rights, liberties and the abuse of power by the government and their agencies. The NSWCCL assist victims of systemic abuses by conducts cases where civil liberties are infringed and promote awareness of associated issues.
Practice areas: Law Reform and Drafting. Employment opportunities are advertised on the OCP website and Jobs NSW.
Area of Law: Law Policy, Human Rights, Administrative Law.
Prosecution
Office of the Director of Public Prosecutions (NSW) http://www.odpp.nsw.gov.au/ The independent criminal prosecuting body for the state of New South Wales. Area of Practice: Criminal Law Legal Development Program A graduate program that affords the opportunity to undertake paid experience in criminal prosecutions, gain professional development and obtain formal feedback. To be eligible, you must have: • Completed the coursework component of PLT; • Completed, be currently undertaking or haven’t started the work experience aspect of PLT; and • Addressed the selection criteria as advertised.
[ 20 ] Careers Guide 2014
•
The program is available at locations in Sydney and Sydney’s West on a full-time (35 hours per week basis) for up to 12 months. For more information see: http://www.odpp.nsw.gov. au/careers/legal-development-program Office of the Director of Public Prosecutions (Cth) http://www.cdpp.gov.au/ The independent criminal prosecuting body for the Commonwealth of Australia. The CDPP has offices in most Australian major cities including Sydney. Area of Practice: Criminal Law. Job opportunities and eligibility requirements are advertised on the CDPP website.
Macquarie University Law Society
International
Department of Foreign Affairs and Trade http://www.dfat.gov.au/jobs/ DFAT is concerned with Australia’s security, prosperity and citizens who are overseas. It provides foreign and trade policy advice to the government. Area of law: International Law. Graduate Program • Policy Graduates – for applicants seeking a career in policy development and working in areas such as the multilateral desks (such as disarmament, counter-terrorism or human rights), bilateral desks, trade desks (covering areas such as the WTO, free trade agreements or international finance) and corporate desks (such as consular or human resources). • Corporate Graduates – for applicants who are seeking to manage the department’s human and financial resources including financial services and management, corporate planning and auditing, post management and other consular issues.
Department of Immigration and Border Protection http://www.immi.gov.au/ DIBP is responsible for managing migration, protecting refugees, developing Australia’s humanitarian policy, contributing to border management and ensuring compliance with immigration law. The Department also supports migrants and refugees in settling in the Australian community as well as promoting a multicultural society. Areas of Law: Policy Development, International Law and Immigration Law. Graduate Development Program DIBP runs a general graduate program, which will expose graduates to the different aspects of the portfolio including: settlement and citizenship; multicultural affairs; case management and care arrangements for people in immigration detention; international engagement and border management; interpreting and applying legislation; refugee and humanitarian issues; technology services; financial services; and human resources management.
Both programs involve a two-year development program in Canberra, which consist of rotational work placements and formal training modules.
The program lasts 10 months with graduates taking up full time employment in the department.
Graduates who complete the program are eligible for long-term placement in the department and can apply for overseas postings.
For more information see: http://www.immi.gov. au/About/pages/careers/graduate-developmentprogramme.aspx
For more information about the DFAT graduate programs see: http://www.dfat.gov.au/jobs/graduates/
Macquarie University Law Society
Clerkship Guide 2014
[ 21 ]
Law Reform and Policy Australian Law Reform Commission http://www.alrc.gov.au/ The Australian Law Reform Commission falls under the Attorney General’s portfolio and is responsible for reviewing Commonwealth laws to ensure that they enable access to justice for all Australians and that existing legal processes are efficient and fair. The ALRC is independent from the government and makes recommendations for law reforms in reports to parliament. Area of Law: Law Policy. For information about the ALRC internship program see the Voluntary Work section. The ALRC regularly advertises job opportunities on its careers page: http://www.alrc.gov.au/about/careers NSW Law Reform Commission http://www.lawreform.lawlink.nsw.gov.au/ The NSW Law Reform Commission performs a similar role to the ALRC for NSW legislation, responding to briefings from the NSW Attorney General and other stakeholders.
Area of Law: Law Policy. Internships The NSWLRC offers legal internships during the summer and winter vacation periods for penultimate year students and recent graduates. Interns work on a full time basis within a six to eight week period (a minimum of four weeks full time) For more information see: http://www.lawreform. lawlink.nsw.gov.au/lrc/lrc_internships.html Judicial Commission of NSW http://www.judcom.nsw.gov.au/ The Judicial Commission of NSW is an independent branch for the judicial arm of government, which aims to achieve consistency in sentencing; organizing and supervising the continuing education of judicial officers and investigate complaints against judicial officers. It also advises the Attorney General on relevant matters and liaises with other stakeholders. Area of Law: Law Policy and Training. Employment opportunities are advertised on Jobs NSW: http://jobs.nsw.gov.au/.
The Courts The Judiciary Traditionally judges are appointed from the Bar, however, some have come from academia or as a solicitor.
[ 22 ] Careers Guide 2014
Judge’s Associate A JA works as an individual judge’s personal assistant, researcher and performing tasks such as listing cases, liaising with barristers and other members of the legal profession and court staff (however, the exact work depends on jurisdiction, the court and the judge).
Macquarie University Law Society
These roles last for one or two years and JAs are usually recent graduates, however, some judges prefer graduates with a couple years of experience. JAs are recruited individually by the judges and often these positions are not advertised. Positions are occasionally advertised on the College of Law website. The Australian Law Students’ Association (ALSA) releases an annual Judge’s Associate Guide, which is an excellent resource for information and tips for your applications: http://www.alsa.net. au/attachments/article/67/2013%20Judge's%20 Associate%20Guide%20FINAL.pdf
Tipstaff Tipstaff positions often come up in the Supreme and lower courts. These positions involve a large amount of time in court, assisting the judge perform legal research and administering procedural aspects of the court (announcing the court is in session, administering oaths and dealing with the jury). Positions are advertised in the Supreme Court website: http://www.supremecourt.lawlink.nsw.gov. au/supremecourt/sco2_careers.html • • • •
General Administrative Positions Registrars; Legal assistants; and Law clerks.
Regulators
Australian Prudential Regulatory Authority http://www.apra.gov.au/ APRA regulates the Australian Financial Industry, specifically banks, credit unions, building societies, insurance providers and superannuation. They monitor the financial position and outlook of these institutions, assess risks in financial institutions, licence new institutions and enforce law to protect investors. Area of Law: Financial Law APRA Graduate programs, for more information please see: • http://www.apra.gov.au/aboutapra/ workingatapra/pages/graduate-program.aspx • www.aviewfromthetop.com.au Australian Consumer and Competition Commission https://www.accc.gov.au/ The ACCC promotes competition and fair trade in Australian markets for the benefit of consumers and businesses.
ACCC Graduate Program Graduates take part in three 14-week rotations and may undertake interstate rotations as part of the training. For more information see: https://www.accc.gov.au/ about-us/careers/graduate-opportunities Australian Securities Investment Commission http://www.asic.gov.au/asic/asic.nsf ASIC is Australia’s corporate, markets and financial services regulator. They uphold Australia’s economic reputation and wellbeing by ensuring that Australia’s financial markets are fair and transparent and supported by confident and informed investors. Area of Law: Corporate Law. ASIC Graduate Program: The ASIC Graduate Program lasts for a year with four month rotations across one of their six Australian Offices. For more details see: www.graduates.asic.gov.au
Area of Law: Competition Law
Macquarie University Law Society
Clerkship Guide 2014
[ 23 ]
Australian Communications and Media Authority http://www.acma.gov.au/
NSW Ombudsmen www.ombo.nsw.gov.au
ACMA is the statutory authority responsible for regulation of broadcasting, the Internet, radio communications and telecommunications. It has its main offices in Canberra, Melbourne and Sydney.
The Ombudsman is an independent watchdog, which scrutinises public and private sector agencies and employees to ensure that they fulfil their functions properly. They similarly play a role in ensuring that these agencies and their employees are aware of their responsibilities to the public.
Areas of Law: Information Technology Law and Media Law.
Area of Law: Administrative Law. ACMA doesn’t offer a regular graduate and hires based on demand, these opportunities are advertised on their website.
Job vacancies are advertised on the Ombudsman’s website.
Government
Department of Attorney General and Justice NSW http://www.justice.nsw.gov.au/
Commonwealth Department of Attorney General http://www.ag.gov.au/
The NSW Department of Attorney General and Justice is responsible for overseeing the delivery of legal, court and supervision services for NSW.
The Attorney General’s (AG) Department is responsible for providing support for the Australian Government to maintain law, justice, national security, emergency management and natural disaster relief. The department is split up into 3 groups: • Civil Justice and Legal Service; • Strategic Policy and Coordination; and, • National Security and Criminal Justice.
It manages the courts and justice services, implements programs to reduce crimes and reoffending, manages custodial and community-based custodial services, and advises on law reform. Area of Law: Criminal Law. Internships: The Legislation, Policy and Criminal Law Review Division of the Department offers a Summer Clerkship Program, which is coordinated to coincide with the Law Society of NSW dates. Summer Clerks will perform work such as: preparing briefings for the Attorney General, liaising with key stakeholders, performing in-depth research and analysis of proposed Bills and/or policy reform and writing speeches. For more information see: http://www.lpclrd.justice. nsw.gov.au/lpclrd/lpclrd_index.html
Areas of Law: Family Law, Criminal Law, International Law and Policy and Law Reform. The AG’s department offers 3 opportunities for employment including: Standard employment in the policy and program areas such as civil justice; family law and legal assistance; criminal justice; law enforcement; crime prevention; national and protective security; international law; native title; emergency management; and, corporate services. Graduate employment The AG’s Department offers a 12-month program consisting of 3 work rotations in major department areas, with a guaranteed permanent placement in the department. To be eligible for the Program, applicants must be Australian citizens and have a qualification equivalent
[ 24 ] Careers Guide 2014
Macquarie University Law Society
to a three-year Australian undergraduate degree. Applicants must also have completed their degree no more than five years before the program commences.
administrative support, facilitates intergovernmental relations and communications between State and Territory Governments.
For more information see: http://www.ag.gov.au/ About/Careers/Graduateprogram/Pages/default.aspx
Areas of Law: Administrative Law, International Law and Law Policy.
Summer Internships The Department offers a Summer Intern Program between November and February each year.
DPMC Graduate program: The DPMC offers a year-long Graduate program, which includes several rotations through key areas of the Department with the opportunity to nominate areas of interest for these rotations.
Interns undertake research assignments, project work on policy development, project or case management, and preparing briefing material, submissions and reports. These internships take place in Canberra and applicants are expected to pay relocation and accommodation costs. Similarly, successful applicants are unable to choose the area of the department for placement. For more information see: http://www.ag.gov.au/ About/Careers/Pages/Summerinternprogram.aspx Department of Prime Minister and Cabinet https://www.dpmc.gov.au/ The Department provides policy advice to the Prime Minister and Cabinet in areas such as economic and industrial policy, social policy, national security, international policy and strategic policy. It assists on developing policies, coordinates and implements Government decisions, provides
Applicants must hold a Bachelor’s degree, have at least a credit average and be willing to relocate to Canberra. For more information see: http://careers.pmc.gov.au/ graduate_careers/ DPMC Vacation program: The DPMC also allows university students to undertake a 10-week specific project or task under the supervision of an experienced officer. In this role students’ work may include: research assignments, project work on policy development, project or case management, preparing briefing material, submissions and report, as well as participating in administrative activities. Applicants must be Australian citizens, pass national and personal security clearance and possess a credit average. For more information see: http://careers.pmc.gov.au/ vacation_employment_program/
Policing and Intelligence Australia Security Intelligence Organisation www.asio.gov.au
Areas of Law: Administrative Law, Litigation, Criminal Law and Civil Law.
ASIO is Australia’s intelligence agency, which investigates threats to security and provides advice directed at protecting Australia. Their work entails acting against threats to security including: espionage, serious threats to territorial integrity, sabotage, politically motivated violence, promotion of communal violence, attacks on Australia’s defence system and acts of foreign interference.
Employment - ASIO job vacancies are advertised on the ASIO Website.
Macquarie University Law Society
Australian Secret Intelligence Service “If I told you any more, I’d have to kill you” Intrigued? Search: http://www.asis.gov.au/
Clerkship Guide 2014
[ 25 ]
Finance Australian Taxation Office https://www.ato.gov.au/ The ATO is the Australia government’s revenue collection agency, which is responsible for managing the nation’s taxation, excise and superannuation systems.
Defence Australian Defence Force (ADF) The ADF particularly offers the opportunity for lawyers to become Legal Officers in the respective branches of the defence forces: •
Areas of Law: Tax Law and Business Law.
•
ATO Graduate Program: The ATO has 6 specialist streams: law, finance and accounting, information technology, business design, marketing communications, people management and business management.
•
Air-force - http://www.defencejobs.gov.au/ airforce/jobs/LegalOfficer/ Army - http://www.defencejobs.gov.au/army/ jobs/LegalOfficer/ Navy - http://www.defencejobs.gov.au/navy/jobs/ LegalOfficer/
Graduates must be Australian citizens, have graduated by the end of the academic year preceding the Graduate program and undertake a criminal history check. NSW Treasury http://www.treasury.nsw.gov.au/careers_at_treasury The Treasury is the NSW government’s primary economic and financial adviser, working with government agencies in health, education, transport, police and housing. It’s role includes preparing the NSW State Budget, developing and implementing the state government’s fiscal and economic policies and, assessing economic and financial risk. Area of Law: Tax Law and Business Law. Treasury Graduate Program The Treasury offers a 12-month program with the opportunity to undertake 3 rotations through its different branches. For more information see: http:// www.treasury.nsw.gov.au/Career/working_with_ treasury2/graduate_program. It is also worthwhile checking the Commonwealth Treasury Website and Graduate Program: http://graduates.treasury.gov.au/ content/default.asp
[ 26 ] Careers Guide 2014
DISCLAIMER This is not exhaustive but it is a starting point for further research into Public Interest Careers. Other areas and agencies for consideration can include: • AusAID • Australian National Audit Office • Department of Agriculture, Fisheries and Forestry • Department of Defence • Department of Education • Department of Employment and Workplace Relations • Department of Finance and Deregulation • Department of Sustainability, Environment, Water, Population and Communications • Department of Broadband, Communications and the Digital Economy • Public Interest Law Clearing House (PILCH)
Macquarie University Law Society
IV.
Private Law and Alternative Careers
Macquarie University Law Society
Clerkship Guide 2014
[ 27 ]
Commercial Law Whilst most of the large commercial law firms draw their graduates from their Clerkship Programs, a large number of firms also offer graduate programs separately from Clerkship intakes or advertise positions in the job opportunities section of their website. Some of these firms include: • Baker & McKenzie [http://www. bakermckenzie.com/careers/OfficeSubPage1. aspx?entry=830&office=3] • Brown, Wright & Stein [http://www.bwslawyers. com.au/graduate-program.html] • Hunt & Hunt [http://www.hunthunt.com.au/joinus/graduate] • Jones Day [http://www.jonesdaycareers.com/files/ Uploads/Documents/SYI_94609_1_Sydney%20 Careers%20Brochure%202014.PDF] • Maddocks [http://www.maddocks.com.au/ careers/graduates] • Sparke Helmore [http://www.sparke.com.au/joinus/graduate-program/] For specific information about Commercial Law and its scope of practice, please see the 2014 Clerkship Guide.
Graduate Program Timeline The below dates are the 2014 timeline for Graduate programs and have been provided as an approximate guide for the 2015 Graduate Program dates which will be set by the NSW Law Society. Date
Event
Tuesday 4 March 2014
Applications for graduate positions open.
Friday 18 April 2014
Applications for graduate positions close at 5.00pm.
Monday 12 May 2014
Interviews for graduate positions commence.
Friday 13 June 2014
Offers for graduate positions can be made.
Friday 20 June 2014
Offers for graduate positions must be accepted or declined by 5.00pm.
The NSW Law Society Graduate Program dates will be updated and found at the following website: http:// www.lawsociety.com.au/community/forlawstudents/ GraduateEmploymentClerkships/index.htm [Applicants are advised to obtain confirm of the dates of applications and the firms that offer Graduate programs]
[ 28 ] Careers Guide 2014
Macquarie University Law Society
Corporate Advisory, Consultancy and Finance Corporate advisory work is not strictly legal; however having a legal background has many advantages. Corporate advisors/analysts/advisors/ consultants offer commercial companies advice on a wide variety of business transactions occurring within the company. They are found in the areas of investment banking; management consultancy, insolvency recovery, accounting and taxation. Areas of practice for consultants include change management, corporate renewal, corporate strategy, cost & supply chain management, growth strategy, mergers & acquisitions, performance improvement and private equity.
Such companies include: • Deloitte - http://www.deloitte.com/view/en_AU/ au/index.htm • KPMG - http://www.kpmg.com/au/en/pages/ default.aspx • Ernst & Young - http://www.ey.com/AU/en/Home • Boston Consulting Group - http://www.bcg.com/ • McKinsey & Co. - http://www.mckinsey.com/ Global_Locations/Pacific/Australia • Price Waterhouse Cooper - http://www.pwc. com.au/
In-House Counsel
Personal Injury Law
Most commercial companies and larger corporations have their own dedicated legal department. The inhouse teams provide legal advice to the corporations, assist in the management of corporate risk, ensure compliance with legislation and instigate change where new legislation affects business operations.
Large firms to consider if you are interested in Personal Injury Law: • Maurice Blackburn - http://www. mauriceblackburn.com.au/ • Shine Lawyers - http://www.shine.com.au/ • Slater & Gordon - https://www.slatergordon.com.au/ • PK Simpson - http://www.pksimpson.com.au/ • Gerard Malouf and Partners - https://www. gerardmaloufpartners.com.au/ • Stacks Goudkamp - https://stacksgoudkamp. com.au/
In-house teams usually seek juniors with an interest in the particular industry such as entertainment and media. Such corporations could include: • Foxtel • Canon • Metcash • Seven Ltd Network
Macquarie University Law Society
Clerkship Guide 2014
[ 29 ]
Interview with Lise Barry Community Justice Centre Mediator and Senior Lecturer/Tutor for Dispute Management and Resolution and Law, Lawyers and Society.
What made you decide that you wanted to become a mediator? I had a background in social welfare and counselling services before I completed my law degree, so mediation was a fairly natural fit for me. It combines legal problems, relationship issues and helping people to find resolutions that they can live with. I am naturally drawn to therapeutic jurisprudence and processes that flow from that approach and I already had some of the skills and experience needed in mediation through my work as a youth justice conference convenor. What process do you go through to become accredited and what ongoing requirements exist? To become an accredited mediator, you need to complete an accredited course that is a minimum of 38 hours and includes simulated mediation role-plays. You also need to have your skills assessed in a role-play and through written assessments. Private courses cost around $4000 with some charging extra for role-play assessment leading to accreditation. If you wish to mediate family law disputes and be accredited to provide certificates of mediation under the Family Law Act, then you need to complete specialist training as a Family Dispute Resolution Practitioner. Some mediators work in a blended model where they combine specialist skills and give expert advice as part of their dispute resolution process – so they may also have specialist qualifications in engineering, architecture, medicine etc.
[ 30 ] Careers Guide 2014
In addition to education qualifications, there are requirements to be of good character and to hold insurance. Every two years you need to go through the reaccreditation process and provide evidence that you have completed a minimum of 25 hours of co-mediation, solo mediation or conciliation and 25 hours of professional development. What does work does working as a mediator involve? I work for the Community Justice Centre, which provides free mediation services for a range of disputes. One of the things that I most like about this work is the variety of disputes and disputants. I could be mediating a workplace dispute for people in the Department of Education one week, a family mediation for a separating couple the next. A commercial dispute over a failed contract or a neighborhood dispute resolving disagreements over a fence or trees. Having seen first hand how court cases can destroy relationships and damage people, it’s very rewarding to help them resolve their disputes with as little expense and stress possible. Working as a mediator involves facilitating people to resolve their disputes. In a classic mediation, the mediator facilitated discussions between the parties in the dispute by taking them through a planned process of listening to each other, prioritizing their interests, developing options for resolving their dispute and fashioning a workable agreement. Having a background in law means that a mediator may have a good understanding of any legal issues involved, but it isn’t their role to
Macquarie University Law Society
provide legal advice. A mediator needs to be able to facilitate discussions impartially and provide the parties with the opportunity to hear one another. You need to be able to reality test the resolutions that people want, so that they can walk away from the dispute feeling as though their agreement is the best way to meet their interests. Mediators need to have good people management skills, really well developed communication skills and the ability to guide people towards resolutions without giving them advice.
Mediation
What have you found to be the best and worst elements of a career in mediation?
Mediation is a non-litigious method of dispute resolution, which involves the facilitation of negotiation between parties by a third party neutral (a mediator).
I really enjoy the variety of the work and the range of people that you deal with in mediation. It’s very emotional work, which I like. You see people at their best and sometimes at their worst.
The mediator assists the parties by identifying the issues that need to be resolved, guides them in a process of discussion and creative problem solving that may result in the parties coming to an agreement.
There are times when you can feel really frustrated with people who seem to delight in their conflict and are making life miserable for someone as a result. Sometimes in those situations its hard to maintain your impartiality.
Work in mediation can include in the areas of: • Commercial disputes, • Neighbourhood disputes, • Family law disputes, • Workplace disputes, and, • Environmental and planning disputes.
Most mediators do other work as well as mediation. Its not easy to make a living out of providing mediation services and given how emotionally draining it is, I’m not sure I would want to do it full time. What important steps along the way helped you to get to where you are now? Did you expect to end up where you are now? I think my training and experience in counselling helped me develop the skills for mediation. I was also a Police Officer when I was much younger. Any job where you are dealing with conflict resolution is a good training ground. I went from Police Officer to working with young homeless people, to running youth justice conferences to mediation. Along the way I studied part time for my social science and law degrees. I also went from being a part time to a full time academic. I didn’t have a well thought out career plan, but looking back there has been a natural evolution that has combined my interests in people and relationships with my interests in law.
Macquarie University Law Society
Mediation services are provided by organisation such as the Community Justice Centre (part of the NSW Attorney General Department), LEADR Association of Dispute Resolvers, the Australian Commercial Disputes Centre and family law specialists including Unifam and Relationships Australia. In addition, many law firms are also beginning to offer these services.
Family Law Family law firms are mostly small boutique firms rather than full service firms; the largest specialist family law firm is Watts McCray - http://www.wattsmccray.com.au/.
Clerkship Guide 2014
[ 31 ]
Legal Publishing
Academia
Work in legal publishing requires liaising with professionals and academics, proof reading material for publication, conducting market research and updating online databases with legislative changes. For experience in this area the university offers a Law Journals Subject (LAW483) and there is always the opportunity to work on publications such as The Brief or Grapeshot.
Teaching requires the acquisition of knowledge, the critical survey of texts, cases and writers, and constant reappraisal of one’s own thinking. It also creates opportunities to travel to conferences and present ideas, obtain critiques and develop knowledge; to interact with colleagues, students and the media; to develop a breadth and depth of legal knowledge that is not constrained by a client or a case or time; and fundamentally it allows one to influence the way people think about the law, both presently and in the future.
Publishing Companies are often looking for casual or part time editors and work will be advertised on the following pages: • Lexis Nexis - https://reedelsevier.taleo.net/careersection/71/jobsearch.ftl?lang=en • Thomson Reuters - http://careers.thomsonreuters.com/ • CCH - https://xjobs.brassring.com/ tgwebhost/searchresults.aspx?PartnerId=26021&SiteId=5288&Function=LinkQuery&LinkId=11
A career as an academic often begins with shortterm or casual positions as a tutor. In addition to substantial teaching experience, you will need to develop a research and publications track record. A post-graduate research degree is expected for a career in academia. While it is not immediately necessary, many academics obtain doctorates when they join faculties.
Large commercial law firms often have large Knowledge Management departments where staff may be required to perform research and edit newsletters, which update precedent within practice groups and general developments in the law.
[ 32 ] Careers Guide 2014
Macquarie University Law Society
Interview with Penelope Watson Senior Lecturer, Macquarie University Law School
Where did you start working when you finished university? After finishing my BA (Hons) in political science at the University of Tasmania, I obtained an oncamera position as a trainee journalist with my own weekly segment on This Day Tonight (ABC current affairs television). Later, I hosted the midnight to dawn segment at radio station 7HT, doing both jobs concurrently. After that I returned to Sydney to study graduate law at UNSW. I became a full time Level A academic in political science at UNSW for one year, moved to the law school at Macquarie for three years, then back to UNSW in law. What does your job as an academic entail? What made you choose to move into teaching? My teaching role involves preparing and conducting classes with internal and distance students, setting and marking assessments, administration of my units, staff supervision and mentoring, student pastoral care and mentoring, keeping up to date with the literature on pedagogy as well as on law, developing new units and constant updating of existing units and teaching materials, obtaining grants for teaching related projects eg distance education, or working as part of a team in other people’s grant projects eg leadership and assessment, obtaining L&T Fellowship for the development of LAW-PAL (in conjunction with students). An academic is a researcher and a teacher. I publish in academic and professional journals, write books, book chapters and conference papers. I also referee other people’s papers for peer reviewed journals, develop research proposals and apply for grants. I am currently doing my PhD in torts. Service to the university and/or wider community in various ways is important too. For example, whilst I was Associate Dean/ Director (Learning and Teaching), I undertook extensive policy work, leading curriculum renewal in law, introducing
Macquarie University Law Society
the graduate LLB, mentoring staff on the changes, assisting staff to transition to standards based assessment and graduate capabilities, holding a 2 day retreat for staff on learning and teaching issues, working with national groups on standards for law schools, chairing law school and faculty committees, sitting on many other school/faculty /university committees ( 13 in total), convening the Torts & Contracts interest group for Australasian Law Teachers’ Association and chairing sessions at national conferences, being on the editorial committee of academic and/or professional journals eg Legal Education Review. As an ordinary academic I still do some of these things but more limited. What have you found to be the best and worst elements of an academic career? The best part is teaching – I love law and I love teaching. It is extremely rewarding and satisfying. There is a high level of autonomy, freedom to choose much of your work eg what you want to teach (to a large degree), what you want to research and write about, flexibility regarding where and when you work, being able to focus on the law itself at appellate level rather than the practice of law. The worst part is marking. Do you have any advice for students wishing to get involved in academic life in some stage in their career? Be sure to get first class honours. Increase your research and communication skills e.g. through mooting, journal, thesis, working as a research assistant; get to know academics and practitioners who can be your referees and mentors; do a PhD early (overseas is good but not essential) and publish as much as you can in good peer reviewed journals; get some decent practitioner experience, consider working as a judge’s associate; get casual academic work (marking/ teaching) to see whether you like it.”
Clerkship Guide 2014
[ 33 ]
International Careers Practicing internationally is an excellent opportunity to broaden your horizons and build your repertoire of legal experience. Most large commercial law firms offer secondment programs to other international offices and often international firms directly recruit in Australia, some of these firms include: 1. Linklaters (London) - http://www. linklatersgraduates.co.uk/our-schemes/ australian-clerkships 2. King & Wood Mallesons (Hong Kong) - http:// www.mallesons.com/Careers/ClerkshipsGraduates/ Clerkships/Pages/Hong-Kong.aspx However, it is also possible to gain experience in areas such as international humanitarian law and public international law. There are a number of international organisations, which specialise in this type of work, such as: • • • • • • • • •
Red Cross, AusAID, World Concern, World Vision, Oxfam, CARE (the Cooperative for Assistance and Relief Everywhere), Save the Children Fund, Amnesty International, and Human Rights Watch.
There are also over 30 United Nations cooperative organisations that seek individuals with legal backgrounds, for example the World Health Organisation, the World Food Program, the Office of the UN High Commissioner for Refugees, UNESCO and UNICEF. The agencies of the UN work together to promote respect for human rights, protect the environment, fight disease and reduce poverty.
[ 34 ] Careers Guide 2014
Working at the United Nations The first step is to check the United Nations website in the Human Resources section. There is a young professionals program, for which there is an exam to sit. It is done on a country basis when nationals of that country are needed. You need to apply for each of the specialised agencies separately. Alternatively, you might apply for a summer internship at one of the agencies. There is an Official Internship Program available for graduate students but you can also write to any of the UN Offices in various countries looking for experience if you are an undergraduate. It is essential to know at least two languages and preferably three. It is also very useful to have some volunteer experience in human rights, local politics or with NGOs in other countries – all are highly regarded. For more information see: https://careers.un.org/lbw/ home.aspx?viewtype=NCE Another option is to undertake postgraduate studies in a city like Geneva or New York, where UN work experience placements and jobs are easier to find than from Australia. Lastly, it is worth considering trying to persuade an Australian Consulate overseas to take you on for work experience and then hope that you make good contacts! As a general rule, practicing law in a jurisdiction outside Australia will require you to meet particular national requirements before you get anywhere near an office – these requirements will be both academic/PLT related as well as visa related.
Macquarie University Law Society
INDEX: Types of Laws for Research • • • • • • • • • • • • • • • • • • •
Administrative Law Admiralty & Maritime Law Alternative Dispute Resolution Animal Law Aviation and Aerospace Law Banking Law and Financial Law Bioethics Competition Law Company Law/Corporate Law Commercial Law Criminal Law Class Action Litigation Communication Law Computer Law Constitutional Law Consumer Law Contract Law Conveyancing /Property Law Environmental Law
• • • • • • • • • • • • • • • • • •
Family Law Human Rights Health Law Intellectual Property Law Information Technology Law Insurance Law Industrial Relations Law/ Labour Law/ Employment Law International Trade and Finance Immigration Law Land Law and Planning Litigation Military Law Personal Injury Law Policy Advice/Political Staffer Rural Practice Sole Practice Sports Law Native Title Law
The ANU Legal Workshop is Australia’s largest universitybased legal practice program. We provide practical legal training in the Graduate Diploma in Legal Practice (GDLP). Becoming a Practitioner (BAP) is the first part of the program and is a 5 day pre-requisite face-to-face intensive offered in cities Australia wide. We offer: > flexible on-line delivery > your choice of 20, 40, 60 or 80 day placement > direct or reciprocal admission to legal practice nationally. We have an efficient and friendly administrative team who are available to answer any questions students may have about the program. Many of our academic staff are practising lawyers.
ANU Legal Workshop Your pathway to Legal Practice Information law.anu.edu.au/legalworkshop/gdlp T 02 6125 4463 E lwsa@law.anu.edu.au Macquarie University Law Society facebook.com/ANULegalWorkshop
Becoming a Practitioner (BAP) face-to-face intensives for 2014 & 2015: Sydney 25 August 2014 Melbourne 1 September 2014 Canberra 8 September & 17 November 2014 Gold Coast 20 October 2014 Perth, Sydney & Toowoomba* 24 November 2014 Townsville & Wollongong 1 December 2014
Adelaide 15 December 2014 Melbourne & Brisbane 5 January 2015 Canberra, Darwin & Sydney 12 January 2015 Perth 19 January 2015 * Subject to change
Clerkship Guide 2014
[ 35 ]
MACQUARIE LAW STUDENTS, FIND NEW & DIVERSE JOB OPPORTUNITIES:
law.com.au
[ 36 ] Careers Guide 2014
Macquarie University Law Society