Practical Legal Training Subjects

COMPULSORY SUBJECTS

Subject 1: Lawyer’s Skills

This subject is about developing your professional skills, which are not only fundamental to developing a career in legal practice but are transferable to other professional environments and work situations. Effective lawyers not only have extensive technical legal expertise but also excellent skills in:

• oral and written communication

• advocacy

• interviewing

• drafting

• negotiating

• problem solving,

• managing work and time, and

• resilience.

WHAT YOU WILL LEARN

• communicating effectively

• interviewing clients

• writing and drafting

• negotiation and early dispute resolution

• representing clients in court

• problem solving

• managing risks for clients

• managing time and workload, and

• maintaining wellbeing in practice.

During other subjects in the coursework component, you will continue to develop competence in these skills.

COMPULSORY SUBJECTS

Subject 2: Ethics and Professional Responsibility

Whether you intend to work in private, corporate or government practice and whether in a large or small law practice this subject is relevant and important to you and to the community.

You will further your understanding of the role of the legal profession in the legal system, in particular, its responsibility to serve the community successfully. As you will soon be accorded the status of an officer of the Supreme Court, you must:

• be familiar with the values that are significant to the legal profession, and

• know and understand the legal rules regulating the profession.

WHAT YOU WILL LEARN

• strategies and techniques to help to reduce the prospect of a disciplinary complaint being brought against you

• how to respond professionally if a complaint is made

• the confidence to voice ethical concerns in practice, and

• how to maintain trust and general account records according to law and good practice.

COMPULSORY SUBJECTS

Subject 3: Civil Litigation

Civil litigation is a process of resolving disputes between parties. Civil litigation includes:

• any interactions between disputing parties prior to proceedings being commenced, such as letters of demand

• the initiation and defence of proceedings in courts or other tribunals

• pre-trial procedures such as interlocutory applications

• court and tribunal appearances

• alternative avenues of dispute resolution such as negotiation, mediation and arbitration, and

• post-trial procedures such as costs recovery and the enforcement of judgments.

WHAT YOU WILL LEARN

• assessing the merits of a case and identifying dispute resolution alternatives

• advising on costs of litigation

• initiating and responding to claims

• taking and responding to interlocutory and default proceedings

• gathering and presenting evidence

• negotiating settlements, and

• taking action to enforce orders and settlement agreements.

You will cover the law, court rules and practice that apply in civil litigation. This will enable you to:

• advise clients on appropriate strategies to resolve disputes, and

• conduct litigation for clients in a timely and cost-effective manner.

COMPULSORY SUBJECTS

Subject 4: Property Practice

Property practice involves the legal process of transferring legal ownership of a property from one party to another (conveyancing) together with associated matters such as:

• leasing

• mortgaging, and

• planning and revenue.

WHAT YOU WILL LEARN

• identifying and transferring title/property and preparing a contract for sale for a vendor

• advising on a contract and investigating and transferring title from a purchaser’s perspective

• advising on leases

• advising on creating and releasing securities

• advising on land use, and

• advising on revenue issues.

COMPULSORY SUBJECTS

Subject 5: Commercial and Corporate Practice

Commercial and corporate practice is a challenging area of legal practice which covers a wide range of commercial and financial activity. In this subject, you will be acting for clients in some common commercial and corporate matters such as

• the sale and purchase of business assets

• setting up business structures

• advising upon finance and securities, and

• identifying revenue implications of commercial transactions.

WHAT YOU WILL LEARN

• conducting the sale and purchase of a small business

• identifying the risks for both parties in a transaction

• setting up simple business structures such as companies, trusts and partnerships

• providing basic advice on finance and securities and the obligations of companies and their officers, and

• identifying revenue implications of commercial transactions and the need for further advice.

ELECTIVE SUBJECTS (CHOOSE 2)

Administrative Law Practice

Administrative law matters can arise in any area of legal practice. They may involve a decision made under legislation or in breach of natural justice.

There are two sources of administrative law review in Australia:

• one system deriving from the common law and leading only to a judicial review, and

• the other system being a legislative review system of administrative decisions made under an enactment, enabling persons affected by these decisions to apply for a merits review or a judicial review.

WHAT YOU WILL LEARN

• identifying whether an administrative decision can be reviewed

• identifying and interpreting the legislation under which the decision was mad

• concluding which review process will be the most appropriate

• advising the client about the alternative means of obtaining a review

• identifying whether freedom of information legislation applies to the client’s situation and what steps are needed to obtain the information

• preparing a matter for review, and

• representing a client effectively at a review hearing.

ELECTIVE SUBJECTS (CHOOSE 2)

Criminal Law Practice

Criminal law practice covers the law, rules, practices and procedures that apply in criminal matters. The focus is on how to advise clients before and after arrest and charge and on appearing for clients in court on a bail application, a plea and sentencing matter and a short defended hearing.

WHAT YOU WILL LEARN

• providing advice in criminal law matters

• applying for bail

• making pleas, and

• preparing cases for trial and representing clients in minor contested matters.

ELECTIVE SUBJECTS (CHOOSE 2)

Family Law Practice

Family law practice involves advising clients about ways to resolve issues that arise from the breakdown of their relationship and about various dispute resolution processes and the courts.

This subject deals with law and practice in parenting, financial, child support and spouse maintenance matters.

WHAT YOU WILL LEARN

• assessing the merits of a case and identifying dispute resolution alternatives

• advising on costs of litigation

• initiating and responding to claims

• taking and responding to interlocutory and default proceedings

• gathering and presenting evidence

• negotiating settlements, and

• taking action to enforce orders and settlement agreements.

You will cover the law, court rules and practice that apply in civil litigation, which will enable you to advise clients on appropriate strategies to resolve disputes, and to conduct litigation for clients in a timely and cost-effective manner

ELECTIVE SUBJECTS (CHOOSE 2)

Consumer Law Practice

In this subject, you will see how consumer protection provisions work in practice. The Australian Competition and Consumer Commission (ACCC) states that “[c]onsumer law is important for the efficient functioning of markets; it encourages consumers to shop with confidence, and enables businesses to compete fairly without rogue businesses being rewarded for using underhanded or misleading tactics.

• Consumer protection provisions prohibit:

• misleading or deceptive conduct

• unconscionable conduct, and

• unfair contracts and commercial practices.

The provisions also regulate specific consumer transactions and make it illegal to distribute unsafe goods and related services.

WHAT YOU WILL LEARN

• conducting a consumer law file and advising the client on relevant law and procedure in a consumer law matter

• recognising situations in which consumer law applies

• identifying relevant legislation, courts, tribunals and other bodies at federal and state level

• advising a client on the appropriate jurisdiction

• advising the client as to which remedies may be available

• initiating or responding to a consumer claim

• drafting all documents in the relevant jurisdiction

• representing a client effectively in any negotiation, mediation or hearing, and

• documenting settlement effectively.

ELECTIVE SUBJECTS (CHOOSE 2)

Employment and Industrial Law Practice

Employment law requires analytical, drafting and negotiation skills as well as expert legal knowledge. It involves both transactional and litigious work and includes:

• advising clients about matters arising from employment relationships

• advising clients on the relevant law and procedures, and

• resolving disputes about employment and industrial relations matters through the court system or by using alternative dispute resolution processes.

Employment and industrial law may be regulated by federal or state legislation or may be governed by common law.

WHAT YOU WILL LEARN

• advising clients in employment law matters

• identifying the relevant law and procedures

• acting in proceedings arising from termination of employment

• representing clients in dispute resolution processes, and

• documenting and enforcing settlements.

ELECTIVE SUBJECTS (CHOOSE 2)

Planning and Environmental Law Practice

Planning and environmental law practice involves advising clients and resolving disputes in planning and environmental law matters through the court system or in alternative dispute resolution processes.

This subject covers the fundamental processes, including:

• identifying the appropriate jurisdiction to resolve disputes

• acting in applications, and

• conducting dispute resolution procedures.

WHAT YOU WILL LEARN

• assessing the merits of a planning and environmental matter and advising the client accordingly

• preparing a planning application or objections

• initiating or responding to a planning and environmental claim

• representing a client in resolving a planning matter or an environmental claim, and

• implementing outcomes of any planning or environmental matter, including documenting, and carrying into effect any orders or settlement of a matter.

ELECTIVE SUBJECTS (CHOOSE 2)

Wills and Estates Practice

Will drafting and administration of deceased estates are seen by some lawyers as unexciting, but they are important areas of legal practice.

Most lawyers will be involved with wills and estates in some capacity, whether as:

• a testator in making their own will

• an executor in administering an estate

• a beneficiary under a will

• a lawyer acting for a client who wants to make a will, or

• a lawyer acting for a client who is the executor or administrator of a deceased estate.

WHAT YOU WILL LEARN

• taking instructions, drafting and advising on wills

• obtaining grants of probate and letters of administration, and

• administering deceased estates.

ELECTIVE SUBJECTS (CHOOSE 2)

Banking and Finance Practice

This subject is an introduction to the world of banking and finance practice. You will learn about and apply the law to some practical lending transactions. This is an exciting area of practice that is constantly expanding.

Banking and finance practice involves:

• advising clients about common ways of financing commercial transactions

• drafting loan and security documents, and

• completing commercial transactions.

WHAT YOU WILL LEARN

• conducting preliminary investigations

• planning and documenting financial arrangements

• undertaking due diligence, and

• finalising the transaction.

ASSESSMENT

Tasks and Activities

Unlike university, instead of just sitting in lectures, studying, and taking exams, you will complete and submit real-world tasks that simulate legal practice. It’s learning by doing.

Each week, you can expect to submit 2-3 tasks for a full-time program, or 1-2 tasks for the part-time program.

Your lecturer will provide individual feedback on your tasks so you can feel confident you’re ready to bring your new skills to work. You don’t need fear making mistakes as these tasks aren’t graded.

Progress Quiz

At the end of each subject, you’ll sit a Progress Quiz. Progress Quizzes help you better gauge where you are in your understanding of key concepts.

To successfully complete the multiple-choice quiz, you need to score at least 50%. If you don’t score 50% on your first try—don’t fret! You can retake the quiz, improving your score with each run.

The Progress Quiz is not about giving you a grade but boosting your confidence in your new skills.

ASSESSMENT

File Review

There are no exams in the workplace, and there won’t be any in the Practical Legal Training program.

To complete your subject, you will sit a File Review. Our File Reviews reflect real-life, so you are prepared to deliver what’s asked of you in the workplace.

Your File Review mimics a constructive conversation a junior law has with their senior supervising lawyer.

You will be given a case file and your Lecturer will step into the shoes of a supervisor. Over 40-minutes, you’ll discuss with your supervisor how and you’ve settled on the conclusions you’ve reached. During your conversation you also have the chance to seek guidance and advice from your supervisor. They will ask questions, encouraging you to articulate your reasoning.

And most importantly, yes, they are open book!

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