UTS LAW STUDENTS’ SOCIETY
2014 CAREERS GUIDE EDITOR & UTS LSS CAREERS (PUBLICATIONS) EDITOR
DEAN OF UTS: LAW Lesley Hitchins
Suzana Livaja
UTS LSS PRESIDENT SUB-EDITORS
Lloyd Wood
Yvonne Nemhe Taryn Priadko Emma Marino
UTS LSS VICE PRESIDENT (SPONSORSHIP & CAREERS) Ian Hedberg
DESIGNER Emma Sprouster
CONTRIBUTORS:
WITH THANKS TO Kwik Kopy Neutral Bay ActivateUTS
Codie Asimus Charles Bannister Emma Bechara Karen Beck Nicholas Bentley Robin Bowley Isabelle Duggan Jenny Eggleton Mitchell Hillier Shanil Lal Catie Moore Steven Odgers Vesna Zuro
UTS Law Students’ Society C/-Faculty of Law UTS PO Box 123 Broadway NSW, 2007 Australia P: +61 2 9514 3448
Copyright & Disclaimer © 2014 UTS Law Students’ Society This publication is copyright. Except where permitted under the Copyright Act, no part of this publication may in any form or by any means (electronic or otherwise) be reproduced, stored in a retrieval system or transmitted by any process, without specific written consent of the UTS Law Students’ Society. Enquiries are to be addressed to the publishers. Disclaimer: The articles and opinions expressed in this publication are not necessarily those of the UTS Law Students’ Society, the Editor, or the UTS Faculty of Law. Although the editor and authors have taken every care in preparing and writing the guide, they expressly disclaim and accept no liability for any errors, omissions, misuse or misunderstandings on the part of any person who uses or relies upon it. The editor, authors and UTS Law Students’ Society accept no responsibility for any damage, injury or loss occasioned to any person or entity, whether law student or otherwise, as a result of a person relying, wholly or in part, on any material included, omitted or implied in this publication.The user of this guide acknowledges that he or she will take responsibility for his or her actions and will under no circumstances hold the editor, authors or UTS Law Students’ Society responsible for any damage resulting to the user or anyone else from use of this publication.
2014 UTS LSS CAREERS GUIDE
3
TABLE OF CONTENTS editor’s foreword president’s welcome message from the dean
4 5 6
1.
WHERE TO START TIPS FOR RESUMES THE ART OF WRITING A COVER LETTER UTS CAREERS: CREATE THE FUTURE YOU BEING THE WOLF: KNOWLEGE AND PANACHE IN THE INTERVIEW How to use networking to further your career practice legal training (plt) overview of practice areas
8 9 10 11 13 14 16 18
2.
COMMERCIAL LAW a graduate’s experience in london Allen & Overy: The graduate experience
22 23 27
3.
criminal law careers in criminal law: Opportunities in the Public Sector careers in criminal law: Opportunities in the private Sector life at the bar: stephen odgers
30 31 33 34
4.
the bar going to the bar life at the bar: karen beck Judges Associate & Tipstaff Roles Applying to be a Tipstaff or an Associate in the Courts LIFE AS AN ASSOCIATE
36 37 38 40 42 44
5.
corporate advisory the world of corporate advisory An interview with Legal Counsel: VEsnA ZURO my experience at eY working at asic
46 47 48 52 54
6.
Where else can my law degree take me? Why not start your own legal practice? practising family law practising law interstate Practising internationally: in Common Law Countries Practising internationally: in major Asian economies Practising internationally: in other major economies
56 57 58 60 62 64 65
Editor’s Foreword Suzana Livaja Careers (Publications) Director UTS Law Students’ Society
It is with great pride and a sense of
a publication with such an impressive
accomplishment that we present to you
track record. With the help of an incredibly
the UTS Law Student Society’s Careers
capable editorial team, we feel that we
Guide for 2014. In the years since its
have achieved this. Thank you to my
first publication, the Guide has been
sub-committee; Taryn Priadko, Emma
continuously improved and enhanced to
Marino and Yvonne Nehme for bringing
enable students to educate themselves on
such initiative and creativity to the project.
the many opportunities available to them
Our talented editor Emma Sprouster tied
once they complete their Law degree.
these efforts together, as evidenced by the beautiful and well-structured guide
Understanding the distinctions between
before you. Thank you to our photographer
jobs, firms, practice areas and sectors is
Joanna Tsaprounis who raided the UTS
time consuming. We endeavoured this year
graduation gowns and spent hours in the
to bring you a comprehensive insight into as
library perfecting our cover shot. We are
many practice areas as possible, with more
incredibly indebted to each of them for
interviews and articles from professionals
their efforts. Finally, thank you to the many
to give you advice and an insight on what a
contributors who range from students, legal
particular sector or job is all about.
professionals, firms and organisations that have provided us such exceptionally useful
An objective of the UTS LSS this year was
content.
to make information available to students ahead of time to assist in the planning and
Your law degree can bring you a wealth of
preparing process. As such, this Guide
opportunity and the options out there will
is made available earlier in the year and
evolve and continue to change each year.
endeavours to incorporate sections on
You should keep in mind when studying
as many different sectors as possible.
law that you can practise, if you wish to, in
Noticeably, the Social Justice and Public
almost any industry you desire. There are
Sector Organisations do not have a
very few sectors in the work force where
comprehensive section, as there will be a
a law degree will not be valued. It is our
Guide to focus specifically on these later
hope that this Guide has brought you a step
in the year.
closer to realising the path you want to take.
Previous editions of the Careers Guide
Best wishes,
have been outstanding in content and
Suzana Livaja
design; we faced the challenge of bettering
5 2014 UTS LSS CAREERS GUIDE
President’s welcome LLOYD WOOD PRESIDENT UTS Law Students’ Society
thinking, spoken and written communication,
held tipstaff and associate positions,
self and cooperative work management,
accounting and financial services firms
analytical abilities, lifelong learning, cultural
and departments from the public sector.
awareness and a consciousness of ethics
The multitude of perspectives will provide
and the pursuit of justice, you are well
you with a comprehensive overview of the
positioned upon graduation to excel in
options available to you upon graduation,
whatever industry you choose.
as well as provide you with a range of tips to keep in mind when writing your covering
While many students will pursue the
letters, preparing for interviews and
business oriented world of commercial law,
building your experiences to maximise your
having a law degree does not mean this is
prospects of securing employment.
the only path. You may choose to join the Bar, work in-house in a corporate advisory
The production of this Guide would not have
role or practice criminal, family, personal
been possible without the tireless dedication
injury, conveyancing, environmental or
of the UTS LSS Careers Publications Director,
immigration law, among many other options.
Suzana Livaja, as well as the Careers
Thank you for picking up or downloading
You may chose not to work in the legal
Publications Sub-Committee, comprising
a copy of the 2014 edition of the UTS LSS
industry at all. You may choose to work for
of Taryn Priadko, Emma Marino and Yvonne
Careers Guide. This Guide is not about
the government in policy or administrative
Nehme, who have all spent their summer
helping you pick a job, but rather providing
roles, as a consultant, an investment
putting together this insightful publication.
you with information to guide you in the
banker, a writer, a federal or state politician,
search and understanding of your future
in an NGO, as an academic to nurture the
I hope this Careers Guide arms you with
career path – wherever it may take you.
next generation of law students or you may
knowledge of both the legal and all other
Embarking on this path can be difficult, but
choose to devote your career to service
pathways and assists you when you are
it will be made easier by having a strong
and the pursuit of social justice. The highly
considering what the right career is for you.
conceptualisation of your career goals,
transferrable skill set that a legal education
I wish you the best of luck in your career
and what you will need to do in order to
provides you will allow you to achieve your
ahead, along whichever path you choose,
achieve those goals. Right now, you have
personal and professional goals in any
and look forward to hearing and seeing
the opportunity and ability to develop these
career path you follow.
where UTS:Law graduates succeed, in whatever profession, country or industry
goals and make your ambitions a reality. Your legal education at UTS has prepared
In producing this Careers Guide, we have
you for this.
sought contributions from a wide variety
that may be.
of domestic and international law firms
Kind regards,
Through a defined set of UTS:Law Graduate
of various specialties, barristers, sole
Lloyd Wood
Attributes, including legal research, critical
practitioners, former students who have
message from the dean lesley hitchens dean of uts: law
The UTS LSS Careers Guide provides a
statistics mean for you. Certainly it
valuable insight into the range of careers
would appear that if you do get admitted
available to a law graduate. It is easy to
and remain as a solicitor you will be
fall into the trap of thinking that there are
working in private practice and probably
only a few ways to use your law degree,
in a capital city (57.2%). And, whilst we
so the Guide is valuable in reminding you
often focus on the large commercial
of the variety of opportunities. The 2011
firms, it is helpful to note that over four
Law Society National Profile (the National
fifths (83.4%) of private firms operating
Report) (May 2012), the first report of
in Australia are sole practitioner firms
the national demographic profile of the
(firms with one principal). However, as
practising profession in Australia, also
the National Report shows, whilst the
provides a wealth of information which
majority of practising solictiors were
can provide you with a picture of what
working in private practice (73%), there
legal practice might look like for you. For
are other options for practice: 14.8%
example, as of October 2011, there were
were working as corporate solicitors and
59,280 practising solicitors in Australia,
9.3% worked with the government. In
with the largest proportion of them
NSW, a higher percentage work in the
(41.4%) registered in New South Wales. A
corporate and government sector: private
gender breakdown shows that 54.6% of
practice (69.8%); corporate (18.8%); and,
the practising solicitors were male and
government (11.4%). In fact, the number
45.4% were female. The average age was
working in the corporate sector in NSW
42 years, with 35.3 % of the practising
has seen a large increase: from 8.5% in
profession aged under 35 years. In looking
1993 to 18.8% in 2012 (the NSW Report).
at the number of years in practice, 31.2% had been admitted for five years or less.
We know from other statistics that many
The profile for NSW solicitors maps this
of you will decide not to practise as a
national profile very closely (see 2012
solicitor or barrister, or will move out of
Profile of the Solicitors of NSW, Final
practice after a few years. You will be
Report (January 2013) (the NSW Report ). *
using your law degree in a wide variety of positions. A law degree can be a good
As you consider the shape of your career,
foundation for these alternative career
you may be wondering what these
paths, whether you are based locally
* The National Report and the NSW Report are available on the Law Society of NSW website (http://www.lawsociety.com.au/resources). There is also a useful report on corporate and government lawyers (2013).
7 2014 UTS LSS CAREERS GUIDE or internationally. The LSS Careers Guide will be an important source of information here also. Since 2008, the UTS:Law degree has been embedding graduate attributes across its core and elective subjects through the curriculum and assessment. This means at the same time as you have been mastering
Since 2008, the UTS:Law degree has been embedding graduate attributes across its core and elective subjects through the curriculum and assessment.
your legal knowledge you have been developing generic skills such as critical thinking, analysis and evaluation, and communication. Each of our graduate
There has been a lot of talk about
attributes is essential for practice, but
employment in the legal sector in recent
they are equally valued by a range of
months, but very often this reporting
employers outside the legal profession.
does not give the full picture about the career paths available. It is also easy to
Extra curricula activities such as the
become concerned about employment
Brennan Justice and Leadership Program,
opportunities if you only look through the
BUiLD (Beyond UTS International
narrow prism of clerkship programs, but
Leadership and Development), and the
you would be wise to remember another
LSS competitions also assist in the
statistic: in NSW, firms with more than 20
development of your graduate attributes
partners account for only 0.5% of all firms.
and valuable professional skills. During 2013, I talked with a number of law firms
So review the options and think carefully
and alumni and received very positive
about how you might want to use your law
feedback about the quality of UTS:Law
degree, and know that you will be well-
graduates. Work-ready; practically-
equipped for your chosen career path.
oriented; commercially-focused; articulate; and good team-players were
Best wishes,
common descriptions I received. This
Lesley Hitchens
feedback indicates the value of a UTS:Law degree which focuses on rigorous legal knowledge and relevant skills.
9 2014 UTS LSS CAREERS GUIDE
Tips for your resume Suzana Livaja
Your resume is your marketing tool to an employer. It plays an
Keep it simple:
important role in determining whether you have the potential to
Employers will spend a very short period of time scanning your
do the job and whether the employer will arrange an interview to
resume looking for relevant information. An often quoted figure
explore this potential further.
is that they will spend no more than 30 seconds – although one recent report says only 6 seconds!
Whereas the cover letter will let the employer know more about how you will fit within the workplace, your resume should have a
Therefore you need to make it reader friendly; use clearly defined
more in-depth focus on highlighting the skills set that makes you
headings, dot points instead of long blocks of text, and some
the right person to fulfil the advertised role.
valuable white space.
Marketing yourself:
Many large companies and government departments use online
You can’t expect to market yourself to every job you apply for if you
applications and some will not require a resume so you may not
are using the same resume. Once you have decided you want to
need to send one for every job you apply to. Read the instructions
apply for a role, you will need to make small changes that will align
carefully before you attach anything.
your resume to the selection criteria advertised. Your past work and other related experiences should be listed in chronological order, with the most recent first. Under each heading, record your duties, listing the most relevant duties (to the job you are applying for) first. Active verbs should be used to describe your duties. The list of skills should not simply be in dot point format. It should have short and clear sentences that indicate where you have developed this skill. Because you are just completing your university degree, the likelihood is that there is not a great deal of work experience that will highlight all the skills you have! You shouldn’t shy away from focusing on the academic achievements and extra-curricular activities that could be a perfect example of why you are a great leader and have super organisation skills.
The art of writing a cover letter Suzana Livaja
Writing a cover letter is much like a sales pitch. It is the first thing
3. Sales Pitch:
an employer will read about you. The first impression you make
An effective sales pitch always leaves you wanting to know more.
could determine whether or not a prospective employer will look
Make sure your cover letter brings across your positive attitude
into your application any further. To ensure that you are on the
and enthusiasm about the firm and the role. This should make the
right track in writing your cover letter, there are a few factors to
prospective employer want to know more about you and what you
consider.
could potentially bring to the position.
1. What is the job I am applying for?
Everything you write should be relevant to the reader. Don’t
If there is a job advertised, it is essential that your cover letter
include statements unless they demonstrate what transferrable
addresses the skills and criteria the employer is seeking. Use
skills you have acquired and why this makes you the perfect
sharp and thoughtful sentence designed to illustrate how your
candidate for the position.
skills, attributes and experience relates to this criteria.
4. Final touches: If there is no job advertisement and you are applying for a
Show your enthusiasm by expressing your willingness to speak
clerkship or graduate position, you need to consider the employer.
further about the position.
Researching the ethos and culture and talking to others who may have had experience with the firm can help you to deconstruct
Make sure that your cover letter is no longer than a page and is
the firm’s culture and what kind of skills and attributes they seek.
easy to follow. Use clear fonts such as Arial, Times New Roman or
Make sure that you fit into this criteria and highlight the reasons
Calibri and make it no smaller than 11 point.
why are the right candidate for the firm. Grammatical errors are silly and can easily be avoided. Ask family
2. Make it personal.
or friends to proof read your cover letter. They can also give useful
We hear it time and time again, yet many still make the mistake of
feedback on whether you have convinced them that you should be
sending generic cover letters. You don’t have to start your cover
considered for the job.
letter from scratch each time you apply for a different position, but you do need to follow step one! You should also research who you should be addressing your cover letter to and make it personal. These are vital to making your cover letter stand out.
11 2014 UTS LSS CAREERS GUIDE
uts careers:
create the future YOU! Did you know…
This means, no matter what your degree is, that students need to be more proactive in developing their skills outside of their degree.
In 2014, the number of graduate vacancies on offer in Australia decreased by 18.4%, according to the 2014 AAGE (Australian
This might mean getting a part time job, volunteering in your
Associate of Graduate Employers) Employer survey. It is
community or landing a clerkship. All of these avenues allow you to
anticipated this will be a continuing trend in years to come…
build valuable transferable skills that you will use in your graduate role.
What does this mean for you? It means increased competition for graduate roles and it means you need to stand out from your
It’s never too early to start developing these transferable skills-
peers even more than in previous years. What will help you stand
even if you are in first year. If you start NOW these skills will be
out from the crowd? The research has been done for you and the
useful during the recruitment process, as you’ll have a bank of
results are in…
experiences to draw on during those all- important behavioural based questions during an interview. Make a mental note of
Studies show that employers look for much more than just good
difficult customers you’ve dealt with and situations when you’ve
grades. With recent studies showing that generic skills are ranked
lead a team because they will come in handy!
as more important in the recruitment process than university grades.
You may be reading this thinking, ‘I don’t know where to start!’- if you are, don’t worry! The UTS: Careers is here to help YOU become
According to studies completed by AAGE the top ten skills
more employable while you’re here at UTS. We have a variety of
assessed in the recruitment process by graduate employers are:
programs and events to help you create the future you. Make
• • • • • • • • • •
Cultural fit
sure you’ve liked us on Facebook to hear all about our exciting
Teamwork
initiatives in 2014!
Oral Communication skills Interpersonal skills Motivational fit Analytical skills Problem solving skills Achieves results Integrity and trust Written communication skills
13 2014 UTS LSS CAREERS GUIDE
Being the Wolf: Knowledge and Panache in the Interview Shanil Lal Any half-decent law student can complete online applications
think of ways to establish common interests to establish personal
and psychometric tests successfully and satisfy criteria for each
rapport (i.e. to be remembered) and gives you an opportunity to
human resources department. But what next? You need to be able
be inquisitive about their practices (it shows you are genuinely
to execute yourself with savvy confidence to sell at the interview.
interested in joining that area of law). This could be anything from knowing current employees to hobbies to relating past
There is no one right way to approach an interview (plenty of wrong
experience to the position on offer! One example that helped me to
ways), but there seems to be certain themes passed down from
be remembered was a common interest about motorsport I found
law graduates to law students year after year. Here are some of my
with a partner on the other side.
tips for the best interview preparation and execution: Interview versus conversation: Go in there and have a
The firm:
conversation! I personally think off-the-paper interviews are
Know your prospective employer. Nothing beats researching the
boring and don’t separate you from the other candidates.
main points of a business and their recent accomplishments.
Preparation of the points above will allow the conversation to flow
This gives you a talking point in the interview to show how active
and you’ll sell yourself without having to be asked.
you are in finding somewhere that matches your career goals. Research their key lines of service, recent achievements/awards,
Dress-code:
recent litigation or deal wins, the workplace culture, and their
“Dressing well is a form of good manners” – Tom Ford. Enough
place in the market.
said, right?
The economy:
What to take:
Be serious and do some research about the state of the economy.
A copy of your resume, cover letter and any other application
Given current legal market conditions, it will be important to have
materials (buy yourself a compendium). Have these materials out
an opinion on the economy and how the legal market is affected
as you speak so everything you say is consistent with and can be
by it, as well as where you think it is going. This will show you stay
found on your application.
up to date on your career affectations and are able to form your own opinion. These questions are especially asked in clerkship
Be confident and try to lead the interview. Spill out as many good
interviews.
qualities as you can from a firm handshake to having a positive conversation about your achievements and future ambitions.
The interviewers: More often than not you will be advised of who your interviewers are - if not then it doesn’t hurt to ask! Knowing who your interviewers are can be a great strength because it allows you to
how to use networking to further your career Catherine moore
DON’T talk about law the entire time One of the most important and invaluable skills that you can
Let’s be honest, lawyers spend the majority of time at work (yes
obtain on your quest to get a job, is the ability to network.
you guessed it...) talking about law! If you are at a networking
It can come into handy at any given time, and is imperative
event, it is not a good idea to start a conversation about various
to master for events such as the Careers Networking
aspects of administrative law or the implications that s 27(c) will
Evening and the Clerkship Networking Evening. On top of
have upon the commercial certainty of insurance law. The key to
these occasions, it is also important for your future career
networking is finding common ground with professionals about
in terms of socialising with employers and even potential
other aspects of life such as hobbies, skills and interests and
clients.
formulating a connection upon that basis. Representatives will remember the students who talk about travelling, mixed netball
A few DO’s and DON’T’s for mastering the NETWORKING
and the killer waves at Bondi Beach last Sunday as opposed to
skill:
those who regurgitate the recent debate they had in Constitutional Law. As much as they are attending these events to sell you on coming to work for them, if you want to be remembered, steer clear of law-related topics. It separates you from the crowd.
DO ask the right questions In light of the above, that doesn’t mean you shouldn’t ask the right questions. If you have queries as to the nature of their firm, the expectations involved in working there, by all means, ask. However don’t dwell on the answers for too long, try and steer the conversation into a lighter and more humorous tone – and by all means, make sure your poker face is in order when they disclose how many hours a week they work!
DON’T drink too much A downfall for a lot of students at networking events is the free booze. Steer clear of the red wine, and try and keep sipping on one drink the entire time. Liquid courage is not attractive, and can completely ruin everything you are attempting to do. Networking is about making connections (and remembering those connections the next morning).
15 2014 UTS LSS CAREERS GUIDE
DO ensure you are dressed appropriately
mean specifically asked) don’t talk about your HD average or
Most of the networking events will have a corporate dress code.
your involvement with every society at UTS. Remember, they
It is best for boys to wear a jacket and tie, and girls to wear either
will eventually have your CV, so don’t recite it to them on the
a suit or a corporate dress. Steer clear of anything too outlandish
networking night. It is better for them to remember you for your
(guys, keep your tie super simple, and girls, nothing too fitted
personality and then be surprised (and of course impressed) with
or too short!). As much as people hate to admit it, everyone can
your CV when you apply to the firm.
fall victim to judging a book by its cover, so ensure you are well presentable.
DO be active in a conversation Please don’t stand around in a conversation and be the creepy
DON’T chime into other people’s conversations
weirdo who doesn’t say a word. If you are shy, that is fine – ask a witty question. Don’t stand there and say nothing.
Possibly the worst thing you can do is approach a group of people having an engaging conversation and jump in on the bandwagon
DON’T hog the conversation
with a “hey whatcha talking about over here?” or something
Having said that, DO NOT hog the conversation. There will be a lot
similar. If you want to join a conversation, move over to the group
of people who are wanting to talk to different representatives from
quietly and listen in for a few minutes before you jump in. It can be
various firms, so ensure that you are not hogging a conversation
seriously unattractive to interrupt a conversation (especially if you
by talking over the top of people, interrupting other students or
are unsure of what they are talking about).
carrying on a joke too long. It is cringe worthy – and people will remember you as the annoying person who wouldn’t shut up!
DO show your personality You have to remember that the representatives at these events, especially human resources, go to about 15 of them in the space of 2 weeks. You need to be able to engage with people professionally, with showing your personality. Make a small joke. Talk about your weekend. However, caution needs to be exercised as there is an extremely fine line between showing your personality and being totally and utterly self-indulgent (see below).
DON’T be self indulgent Obvious self promotion impresses no one. In fact you come across as an arrogant prick. Everyone will remember your name, but for all the wrong reasons. Unless prompted (and by that I
PRACTICAL LEGAL TRAINING (PLT) Jenny Eggleton UTS Faculty of Law What is Practical Legal Training? To be eligible for admission as a lawyer in NSW, an applicant for admission must satisfy an Academic requirement such as an LLB or JD degree and a Practical Legal Training (PLT) requirement. The PLT requirement comprises the satisfactory completion of ‘competency standards’ which are set out in the Sixth Schedule of the Legal Profession Admission Rules 2005. The Legal Profession Admission Board (LPAB) accredits PLT programs in NSW. UTS is an accredited provider of PLT and is the only university in Sydney which provides a complete PLT program. The UTS PLT program is taught at a post-graduate level and builds on the knowledge and understanding of the law and the legal system acquired in an Academic law degree. The UTS PLT program provides an entry-level lawyer with the requisite competence in
Highlights of the UTS PLT Program:
• • • • • • • • • • •
the skills, practice areas and values required by the LPAB.
offers flexible delivery (distance/block and on campus) subjects are offered every semester intake in Summer, Autumn and Spring semesters the practical experience component may be undertaken concurrently with the PLT program of study practical and relevant to transition from academia to practice supported by a strong professional network noted for its interactive study environment, including recorded lectures a university-standard qualification in a familiar university environment competitive fees a one-stop shop for UTS law students duration is one semester (full-time) or two semesters (parttime)
Who can undertake the UTS PLT Program? The UTS PLT program consists of four subjects: The UTS PLT program may be undertaken by both UTS and nonUTS law students. Students who undertake the UTS PLT program will have advanced knowledge and skills for legal professional
1.
Legal and Professional Skills
work and will be able to apply the knowledge and skills to
This subject focuses on the legislative and regulatory
demonstrate autonomy, well -developed judgment, adaptability
environment in which the legal profession operates and the
and responsibility as a practitioner.
ethical responsibilities of legal practitioners, oral and written communication skills, interviewing and negotiation skills and resilience for practitioners. 2.
Transactional Practice This subject focuses on the law, practice, procedure and skills to conduct and advise on property and commercial transactions.
17 2014 UTS LSS CAREERS GUIDE 3.
Litigation and Estate Practice This subject covers the practice and procedures of civil litigation practice, wills and estate practice and family law practice or criminal law practice.
4.
Practical Experience Students undertake a minimum of 16 weeks of full-time (or equivalent part-time) work experience in a legal office environment.
Further Information If you require further information specific to your needs, please contact the Haymarket Student Centre: Block C, Level 1 (just near the Art of Food CafĂŠ) Phone: 1300ASKUTS Email:
http://ask.uts.edu.au
OR Block B, Level 5 (adjacent to the GSB Lounge) Phone: 1300ASKUTS Email: http://ask.uts.edu.au The Faculty holds regular postgraduate information sessions where you can learn more about PLT see the Faculty website for upcoming dates: http://www.uts.edu.au/about/faculty-law For fees information: http://cis.uts.edu.au/fees/courseFees.cfm#results
overview of practice areas Emma marino
The following offers an overview of some different practice areas Perhaps one of the most daunting decisions when becoming
that may be of interest upon graduation.
a legal practitioner is determining which area of law you actually want to practice. There are many factors to consider including which subjects you enjoyed at university, what
Commercial Law
legal work experience you found most motivating and also
In a nutshell, commercial law firms specialise in advising on
what sort of environment you would prefer to work in. There
transactions between businesses and companies. Practiced
are a myriad of possibilities for law graduates whether it be
in large domestic and international firms as well as medium-
in a large global commercial firm, a smaller boutique firm or
sized and boutique firms, commercial law encompasses various
as in-house counsel for a company, there are a diverse range
practice areas which may be of particular interest to law
of practice areas that will be at your disposal. Often many
graduates including:
legal practitioners change their area of practice until they
•
Banking & Finance
discover their niche.
•
Acquisition Finance
•
Asset Finance & Leasing
•
Corporate Finance
•
Property Finance
•
Capital Markets
•
Debt
•
Equity
•
Securitisation
• Competition/Antitrust • Construction •
Corporate/Mergers & Acquisition
•
Dispute Resolution
• Employment •
Energy & Natural Resources
• Environment •
Financial Services Regulation
• Insurance •
Intellectual Property
• Patents
•
Trade Mark & Copyright
19 2014 UTS LSS CAREERS GUIDE •
International Trade/WTO
scope of practice comprises of bail bond hearings, plea bargains,
•
Investment Funds
trial revocation hearings (parole or probation), appeals and
•
Native Title
post-conviction remedies. A career as a criminal lawyer generally
•
Private Equity
encompasses the duties of investigation, cross-checking
• Projects
evidence, attending court, interviewing witnesses, building
•
defences, developing case strategies, negotiation with the
Real Estate
• Restructuring/Insolvency
prosecution, arguing motions and practicing advocacy. Criminal
• Tax
law offers a challenging, fast-paced but rewarding work life.
•
Technology, Media & Telecoms
•
IT & Telecommunications
• Media
Family Law Essentially dealing with family-related matters and domestic
There are a multitude of options available in larger commercial
relations, family law focuses on the rights and obligations of
firms, and graduates will generally work on rotation where they
both parties involved. There are a number of opportunities to
are placed for up to six months in an area of expertise before
make a difference to both practical and social policy issues such
moving on to another. In contrast, in smaller firms who specialize
as domestic violence, same sex couples and children’s rights,
in few select areas, graduates will gain experience across the
particularly as many cases involve advocating on behalf of a child,
range of the firm’s matters. Commercial law may also provide an
de facto partners or same-sex partners. Some issues include
opportunity of working in-house for a company or organization
divorce, spousal or child support, custody, division of assets and
and handling legal issues that arise in the course of doing
liabilities due to divorce, adoption, termination of parental rights,
business.
paternity child neglect and protection from abuse. Family law offers graduates experience in legal research, drafting contracts,
Regardless of the size of the firm, the day-to-day work will
letters and court or tribunal submissions, meeting with clients and
involve drafting advices, articles and letters, attending various
opportunities to practice in both dispute resolution and litigation.
meetings with clients, associates and partners, tracking legal and regulatory developments, and engaging in legal research.
Immigration Law Immigration law firms deal with the legal issues associated with
Criminal Law
Australian Immigration Visas such as application, submissions
Criminal lawyers represent defendants facing criminal charges
and appeals, as well as most other immigration matters.
in district, local, state, federal and appellate courts. There are
Examples include advising, assisting and making arrangements
various opportunities in both the public and private sectors. The
for those who wish to obtain an Australian Immigration Visa,
OVERVIEW OF PRACTICE AREAS
whether it is temporary, permanent or any other type of visa.
of corporations and individuals in relation to the actual creations.
Immigration law is constantly changing and evolving, so is often
In today’s competitive landscape, demand for intellectual property
quite challenging but also highly rewarding.
lawyers is increasing.
“There are a myriad of possibilities for law graduates whether it be in a large global commercial firm, a smaller boutique firm or as in-house counsel for a company”
Personal Injury Law A personal injury lawyer provides representation to those who claim to have suffered physical or psychological harm, which may arise out of a work accident, motor accident or out of another’s wrongdoing. This area of law is constantly changing and there is a great deal of interaction between statute and the common law. Practicing in this area can offer the opportunity to work with experts in the fields of Occupational Health & Safety, medical negligence, professional negligence and different areas of public liability. A day in the life of a personal injury lawyer involves research on civil precedents and applicable legislation, draft
Conveyancing/ Property Law
correspondence, attending negotiations and settlements, as well
Conveyancing law deals with the transfer of property or real
as filing and attending court tribunal and hearings.
estate and the legal issues in relation of transferring property title from one party to another. Everyday work involves drafting the legal documents necessary for the transfer of real property and
Insurance Law
ensuring the buyer legally secures title of land and all associated
Insurance lawyers deal with the body of law which regulates the
rights, with the conveyancer providing all information and
insurance industry and insurance contracts within Australia. An
notification of any restrictions beforehand.
insurance lawyer will have a deep understanding of the regulatory and legislative environment in which the industry of the client operates. The day-to-day work will involve drafting advice
Intellectual Property
to clients, meeting with clients, attending court and tribunal
New developments in science and technology have created the
hearings, as well as settling documents.
need for specialist knowledge to help protect the intellectual capital of businesses, authors, inventors, musicians and other owners of creative works. Intellectual property lawyers attempt to protect the creations of the human mind by focusing on the rights
21 2014 UTS LSS CAREERS GUIDE
Qualify to become a lawyer without leaving UTS
+ UTS LLB or JD
=
UTS PLT
Lawyer
Intake in Summer, Autumn & Spring semesters law.uts.edu.au/plt
23 2014 UTS LSS CAREERS GUIDE
a graduate’s experience in london Codie Asimus Linklaters LLP
Linklaters LLP - London office In 2011, I was in my penultimate year of study at UTS,
There is no equivalent to the London office of Linklaters in
considering where to commence my career as a graduate
Australia. In our office there are approximately 2,000 people,
lawyer. At the time, I knew I wanted to pursue a career
comprised of 1,000 lawyers and 1,000 support staff. We have
in commercial law, however wasn’t sure what specific
an in-house gym, doctor, dentist, subsidised food court, a 24/7
area of practice, which firm or whether I should consider
document production unit and even ‘sleeping pods’, which are
international options. Following a clerkship at the London
effectively one-bedroom hotel rooms. You can leave a task to
office of Linklaters LLP, I made the tough decision to
be completed overnight and have it on your desk by the time you
turn down an attractive offer in Sydney, leave behind the
arrive the next morning. If you are working from home and you are
comforts of home and head to London. 12 months later, I can
having IT difficulties on a Sunday morning, there will be someone
truthfully say it was one of the best decisions of my life.
to help just a phone call away. During my first rotation, the firm paid for my flights and accommodation for a Linklaters’ cricket tour in Corfu. I have also joined the rugby team and attended an array of other heavily subsidised events like sailing, clay pigeon shooting and kite surfing. In 2013, I acted as a buddy to six different vacation scheme students, which allowed me to go to the top of the Shard (twice), to see Othello and War Horse at the theatre, to take a ride on the London Eye and enjoy several lunches and dinners. While the workload at the firm is significant, the fringe benefits are definitely commensurate with the effort you are expected to put in.
My rotations At Linklaters, you rotate through four departments with each rotation lasting for six months. I spent my first rotation in the Banking department, focusing mainly on leveraged finance, which is the provision of finance in a high-risk context. This may be because of the financial position of the borrower or because the funds are used to finance an acquisition, with the asset (rather than the borrower) providing the only security for the loan. My
A GRADUATE’S EXPERIENCE IN LONDON
second and current rotation is in the Corporate department,
I was doing and the commercial discussions with investment
focusing solely on private equity, which is the corporate side of
bankers and analysts at private equity houses may as well have
leveraged finance. This involves either acting for a private equity
been in another language. While I have a lot more to learn, in less
house in relation to the acquisition of a target group of companies,
than 12 months I feel comfortable with the email traffic, short
or, on a sellside transaction, acting for a target that is to be
deadlines and complex transactions. I also take comfort in the
acquired by a private equity sponsor.
significant growth in my knowledge and ability in a relatively short time period, and am thankful for the multi-jurisdictional nature
The learning curve in both departments has been very steep. The
of the work because of the opportunity to travel. I have friends
expectations are high and your colleagues are very capable, which
currently on secondment in Tokyo, Hong Kong, Paris, Madrid,
are powerful motivating factors to learn as much as possible, as
Milan, Dubai, Abu Dhabi and Moscow, and hope to head overseas
soon as possible. In both rotations I have had significant contact
on secondment myself in September 2014.
with clients and have been given a wide range of work from simple trainee tasks such as preparing and maintaining documents’ checklists outlining all documents required for a transaction
Culture
(often numbering several hundred), to preparing the first draft of
Before working at Linklaters, I had imagined it as an ultra-
complex agreements.
conservative ‘Oxbridge’ clique, however the reality is that image couldn’t be further from the truth. In fact, in my experience the
The transactions I have worked on are some of the largest and
firm is less conservative than its Australian equivalents. It is rare
most complex in the world. The smallest deal I have worked on was
to see someone wearing a tie in the office and, although it is the
worth €140m, with the largest having a deal value of £1.4bn. These
exception and not the rule, we have a pool table and a fridge of
deals are often reported in the Financial Times, which is reflective
beer on my level in the Corporate department. There is a lot of
of the scale and significance of the work the firm attracts. On one
banter in the office, most of which (due to my nationality) has been
transaction, we acted for a lending syndicate to restructure an
concentrated around sport, considering the unexpected victory of
existing debt package for an international manufacturer, followed
the British and Irish Lions’ on tour in Australia and the most recent
by its sale to a private equity house. This deal involved 18 different
Ashes whitewash.
jurisdictions and was so large that for a period of three months, I would frequently receive over 300 emails per day and wake
The quality of work is at the top end globally, however the hours
up to more than 100 emails in my inbox because the southern
can be demanding. While this varies depending on the department,
hemisphere kept working while I was asleep.
global economy and whether you are working on a specific deal or case at any given time, on the whole the hours are longer than
At first, the number of emails and complexity of deals
most firms in Sydney. That said, if you are unwilling to work long
overwhelmed me. My studies were basically irrelevant to the work
hours, commercial law is probably not a sustainable long-term
25 2014 UTS LSS CAREERS GUIDE career decision for you, irrespective of geography.
travel internationally once every two months, with flights usually
Linklaters hires approximately 120 graduates each year. I had
costing under ÂŁ100. London has an electric energy that is exciting
imagined this would create a feeling of anonymity and being an
for someone in their 20’s, mostly due to the endless and eclectic
unimportant cog in a very large wheel, however it has had the
range of pop-up bars, restaurants, markets and special events. It
reverse effect as it has allowed me to make good friends with
is also the most international city in the world. Within my group of
10-15 likeminded people who I regularly see on weekends. In 2013,
close friends is a Brazilian, Columbian, Swede and a large number
I went on holiday to Moscow, Greece, Dubai and Switzerland with
of Canadians.
friends from the firm. Due to London being frequently ranked the most competitive
This deal was so large that for a period of three months, I would frequently receive over 300 emails per day and wake up to more than 100 emails in my inbox because the southern hemisphere kept working while I was asleep.
Considerations when deciding to pursue a career in London The toughest aspect of me moving away was leaving behind my family. It is hard to move away on an indefinite basis, particularly when members of your family are ageing. The decision to move in this and other respects can be quite personal and will always vary from person-to-person. It also goes without saying that there is no comparison between the London and Sydney climates, however in my opinion the advantages of living in London more than offset this downside. I
financial centre in the world, and the prevalence of foreign contracting parties choosing the laws of England and Wales to govern their contracts, the city attracts more multi-jurisdictional legal work than anywhere else in the world. This creates a tougher, but more rewarding working environment than Australia. For this reason, I don’t believe there is a commercial law firm that could open up more opportunities for a UTS graduate than a firm like Linklaters in London. If you want to be the best commercial lawyer you can be, then in my opinion you should pursue a firm that works on the most challenging and complex transactions globally.
summerclerks
aspire. contribute. thrive.
T1
Fs
Gs
tier 1 vision. financial services. government.
www.hdy.com.au/summerclerks
banking & finance. corporate & commercial. dispute resolution. environment & planning. financial services. property & construction. government. restructuring & insolvency. workplace relations & safety.
27 2014 UTS LSS CAREERS GUIDE
Allen & Overy: The graduate experience emma bechara
My name is Emma Bechara and I have been a graduate lawyer If someone had told me when I started law school
at the Sydney office of Allen & Overy since December 2013.
(specifically when I was sitting in Legal Research at 9:00am
Prior to commencing the graduate program, I participated in the
on a Monday morning) that there actually was a light at the
summer clerkship program offered by the firm, and spent the
end of the tunnel and that I would one day be a real-life
summer of 2012/2013 rotating through 3 practices. One of those
lawyer – I would have laughed in their face in disbelief. Now,
rotations included a trip to Beijing, China. The selection process
having completed 5 years of law school and commenced
for the clerkship consisted of: a written application, a first round
as a graduate lawyer, I am in disbelief at how fast the years
interview, an information evening, a second round interview and
went and how different and exciting life as a graduate is,
a cocktail evening. The process was challenging – yet ultimately
compared to what I had envisioned it would be.
rewarding! At the conclusion of the clerkship, I was fortunate to be offered a graduate role at the firm. I am currently rotating through litigation, and hope to rotate through other practice areas – including private equity, project finance and banking. During my short time as a graduate, I have been exposed to work and programs that have provided me with strong foundations for both my professional career and my personal development. For example, having joined the litigation team in the midst of a large, high-profile trial in the Federal Court of Australia, I was fortunate to work with the team, be a part of a full trial in practice, assist with preparing documents and sit in court and observe examinations and examinations in chief by leading barristers. It was a learning experience that graduates are seldom exposed to, and one that I thoroughly enjoyed. Another illustration of my strengthening legal exposure is my working for other teams. The firm provides an environment in which graduates are able to accept tasks from other practice teams. Accordingly, during my time as a graduate, whilst working in litigation, I have also engaged in work for private equity, mergers and acquisitions and TMT. Away from the office, this year I participated in the Wayside Chapel Corporate Day. On this day, a team of Allen & Overy lawyers
ALLEN & OVERY: THE GRADUATE EXPERIENCE
and support staff ventured down to Kings Cross where we were
If you don’t know what you want to be when you grow up – don’t
given a tour of the facilities by the Wayside team, walked through
panic. I never knew that I wanted to do commercial law. In fact,
and learnt more about Kings Cross including learning about the
when I first started law school, I thought I wanted to either be
shelters, women’s groups and the injecting rooms, and then
a journalist for Cleo or a humanitarian lawyer with the United
cooked lunch for those in need, and sat to share a meal with them.
Nations. However, as the years and subjects ticked over – my
It was an experience that few get, and one that I am grateful A&O
thirst for commercial knowledge strengthened, and I found myself
provided us with. This day was an example of the firm’s unwavering
becoming more intrigued by the corporate world. There is no right
support of pro-bono and community programs.
and wrong way of selecting a career path - it just happened for me.
Au
My advice to you is this: listen in class, because one day – like me Finally, the culture at A&O is one that I am truly proud to be a part
- you might be sitting in corporate, commercial or an insurance law
of. It sounds clichéd – but one of the reasons I commenced at A&O
elective and realise that, instead of Facestalking, you actually find
is because I always have enjoyed being part of a high-achieving,
the content interesting. Also - attend law society events, engage
close-knit and committed community. In my opinion, A&O ticks all
at networking evenings, read up on law firms and don’t be afraid
those boxes. For example, I have always felt comfortable crossing
to ask UTS Alumni or the Faculty questions. I was in your shoes
the floor into another team and knocking on the door of a partner
not that long ago – and I utilised every avenue I could to make
or senior associate and asking a question about my work, if it is
sure that I was confident in my career choice. It may not feel like it
in their line of work. I have also always felt comfortable attending
now, but one day you will graduate from university – and discover
firm meetings or conferences, with the knowledge that most
the legal world is colourful, rewarding and challenging. Educate
of the staff will attend as a community. I have felt supported
yourself now on where you think you will shine. Good luck!
Au
by HR, directed by partners and included by fellow graduates. The high level of work and constant working energy is equally met with fun down-time and an inclusive friendly culture. For example, a foosball table in the middle of the cafeteria forms the hub of networking, brainstorming and Friday night clock-offs. In the hallway you will see Allan from the print room, the PA’s, our Managing Partners Jason and John, our fabulous caterers and our reception team– and each will say hello to you in the hallway. With respect to work, the benefits of being a smaller Sydney office in a Magic Circle global community is obvious –the breadth of knowledge shared is incredible, and each day I am amazed by the extent of the network.
Au
29 2014 UTS LSS CAREERS GUIDE
The world won’t come to you.
But we can
ustralia / Moscow
ustralia / London
Linklaters is committed to recruiting and training the best graduates from around the world – and that includes Australia. For more information about our 2014 Australian Clerkship in London, and to apply, please refer to our graduate recruitment website www.linklatersgraduates.co.uk/australia Applications open on 1 March 2014 and will close on 9 May 2014.
ustralia / Hong Kong
.
31 2014 UTS LSS CAREERS GUIDE
CAREERS IN CRIMINAL LAW Working for the Government: Opportunities in the Public Sector Believe it or not, there are a huge of opportunities and career
Applying for work
paths that exist outside the realm of corporate solicitor-dom. In
The NSW Crown Solicitor’s Office has a two year Graduate
fact, due to the large number of departments in the various levels
Solicitor Program which rotates through four Practice Groups in
of government, the potential scope and area of law you could find
order to gain a broad experience in the 12 areas of law in which
yourself in as a government lawyer are seemingly infinite. The
they practice. Positions are offered online through the Jobs NSW
public sector offers a multitude of dynamic and challenging jobs
and Seek websites and are usually open for 2 weeks. Applicants
for those with legal qualifications, and can offer a fulfilling career
should submit their CVs and a statement indicating how they
with a chance to influence society far beyond what a private
meet the selection criteria. A copy of their academic transcript
practitioner would. Through this perspective, the public sector
should be attached to the application. Applications should be
offers the opportunity to make recommendations for policies,
submitted through www.jobs.nsw.gov.au. Shortlisted candidates
shape proposals and to influence developments in the content and
will be interviewed and their references checked as part of the
direction of law, ultimately making a broader contribution to the
selection process.
community in which we live. For more information Due to the multifarious divisions and departments within
www.cso.nsw.gov.au or email csorecruitment@agd.nsw.gov.au
the state and federal government, it would be impossible to provide a complete list of possible jobs within the public sector. departments that offer employment to graduate lawyers.
THE OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
Opportunity to utilize your legal training expands well beyond
The ODPP acts on behalf of the Crown and is the body responsible
this list, and it is important to keep in mind that opportunities are
for instituting and conducting prosecutions for indictable
available in each and every government department.
offences in the Supreme and District Courts, and acting in appeals
The following offers a brief summary of some government
regarding such prosecutions, as either appellant or respondent.
NSW CROWN SOLICITORS OFFICE
The ODPP acts in trials and committal hearings, some summary
The role of the NSW Crown Solicitor’s Office is to provide
hearings in the Local Court, and appeals, but is mainly responsible
independent, authoritative legal advice, representation and other
for the prosecution of more serious offences. The ODPP has four
legal services to the NSW Government and its agencies. The CSO
Sydney locations and seven regional offices.
operates on a commercial basis and competes with private law firms to perform general legal work for government agencies. The
Applying for work
CSO deals with a broad range of matters that affect the entire
The ODPP rarely advertises positions. Graduate lawyers can be
community, offering valuable experience in approximately 11
employed through the Legal Development Programme, however
different practice areas.
many practicing solicitors recommend sending an Expression
CAREERS IN CRIMINAL LAW: PUBLIC SECTOR
of Interest to ODPP recruitment staff if you are serious about
meet means and merit tests. Legal Aid NSW aims to ensure that
pursuing a career in criminal prosecution.
people who are economically and socially disadvantaged can understand, protect and enforce their legal rights and interests.
For more information http://www.odpp.nsw.gov.au
Applying for work Legal Aid offers a Career Development Program each year, with
AUSTRALIAN TAXATION OFFICE
four graduates accepted, one of the placements being Aboriginal
The Australian Taxation Office (ATO) is the Government’s principal
Identified. There are also recruitments of entry-level solicitors
revenue collection agency. It manages and shapes tax, excise
each year, but prior experience is recommended. Legal Aid also
and superannuation systems that fund services for Australians.
offers developmental opportunities such as Paralegal or Legal
It also supports the delivery of community benefits with roles in
Support Officer roles, from which it is possible to move into
private health insurance, family assistance and cross-agency
solicitor positions.
support. The main role of the ATO is to manage and shape the revenue systems that sustain social and economic policy, and
For more information
fund services for Australians. The ATO administers legislation
http://www.legalaid.nsw.gov.au
for taxes, superannuation and excise (but not customs duty), as well as addressing broader issues affecting Australia’s revenue systems, such as aggressive tax planning, persistent tax debtors, globalisation and the cash economy.
AUSTRALIAN GOVERNMENT ATTORNEYGENERAL’S DEPARTMENT The Australian Government is the principle policy and coordinating
Applying for work
division of the Attorney-General’s portfolio. The Department
The ATO offers Graduate Development Programs which are
provides expert support to the Government in the maintenance
designed to build the ATO’s future leaders and technical experts by
and improvement of Australia’s system of law and justice, and its
developing Graduates’ skills, knowledge and networks to help them
national security and emergency management systems. This is
throughout their career in the ATO. As a national organisation the
done through the drafting of legislation and the creation of policy
ATO recruits graduates for positions in most capital cities and some
documents in relation to the areas of: civil justice, family law
regional centres. The ATO offers a number of different specialities
and legal assistance, criminal justice, law enforcement, crime
or streams in their Graduate Program, depending on your
prevention, national and protective security, international law,
qualifications. One of the graduate program streams offered is the
native title, emergency management, and corporate services.
Graduate Taxation Program for graduates who have completed, or are in their final year of study of, one of the following degrees: Law,
Applying for work
Banking & Finance, Accounting, Taxation, Economics, Business/
In addition to its summer intern program, the Department also
Commerce, or Criminology. You should consult the ‘careers centre’
has a graduate program. Graduate recruitment is conducted
on the ATO website for further information.
annually in March of the year prior to commencement, and is not restricted to summer intern participants. Applications should be
For more information
submitted online. During the 12 month program a graduate lawyer
http://www.ato.gov.au but for any specific Graduate Program
will complete three work rotations across a number of areas in the
enquiries email graduateprogram@ato.gov.au
department including human rights, international law, criminal justice, national security, indigenous policy and Native Title, information technology, public relations and media, emergency
LEGAL AID NSW
management, finance and accounting, human resources,
Legal Aid NSW is an independent statutory body that provides
administrative law, and cyber and identity security. Graduates
legal services to socially and economically disadvantaged people,
are required to relocate to Canberra, however moving support and
assisting them to understand and protect their rights. Legal Aid
relocation assistance will be provided.
NSW provides free legal advice and minor assistance at twentytwo locations throughout the State. Legal representation can also
For more information
be provided in criminal, family, and civil law matters when clients
http://livelearnlead.ag.gov.au/about-the-program/
33 2014 UTS LSS CAREERS GUIDE
CAREERS IN CRIMINAL LAW Opportunities in the private Sector Nyman Gibson Stewart Nyman Gibson Stewart practices exclusively in criminal law and is Sydney’s largest criminal firm. They are renowned for their expertise in criminal law, having dealt with some of the most high profile cases including murder, serious assaults, and complex fraud matters. Career opportunities exist for solicitors and support staff.
Hunt & Hunt Hunt & Hunt is a national law firm with a Litigation & Dispute Resolution team focusing on regulatory prosecutions and administrative law. They primarily act for state government agencies and other non-government organisations. Hunt & Hunt offer a graduate program coordinated by the Law Society of NSW.
Armstrong Legal Armstrong Legal is the largest private practice criminal law firm in NSW. The firm practices across the different areas of criminal law, meaning that lawyers represent clients in murder matters, large scale fraud prosecutions and even comparatively minor traffic offences.
The Marsdens Law Group The Marsdens Law Group (Marsdens) provides service in many areas including criminal law. The firm provides summer clerkships during the November to February university break for students who are studying law. The firm also employs students studying law part time as paralegals.
life at the bar
Stephen Odgers
Senior Counsel, Forbes Chamber
What made you decide to practice at the Bar and in particular to specialise in criminal law?
When I studied law I really only found criminal law interesting. I have been working in the field for more than 20 years and have never been bored by it.
What is a typical day like for you?
Because I have mainly an appellate (rather than trial) practice I am out of court more than in court. I spend a lot of time reading trial transcript and preparing written submissions. I also have a lot of other commitments (NSW Bar Association, Criminal Law Journal, new editions of various books).
What are some of the challenges that barristers face?
Stress is probably the biggest – it is stressful to be on your feet arguing a case before a jury or an appeal court and the buck stops with you. As a result, preparation is crucial (and, as a result, lots of work!)
35 2014 UTS LSS CAREERS GUIDE What are some of the rewarding elements of being a barrister?
The upside of stress is excitement, overcoming challenges, enjoying victories (and coping with losses), helping people in very difficult circumstances, trying to maintain the rule of law and a just criminal justice system.
When is the right time during the course of your career to go to the Bar?
I was never a solicitor, going to the Bar after time at the Australian Law Reform Commission and academia. That made the first year at the Bar particularly stressful! A few years as a litigation solicitor is certainly desirable.
What are some of the skills that are required of a barrister?
Logical mind, good legal knowledge, willingness to work hard, self-confidence, ability to communicate and persuade, ability to cope with stress and setbacks.
What are some obstacles that barristers face at the beginning of their career?
It varies. For some, it is getting enough work to make a living. For others, it is getting the sort of work they want to do. For others again, it is coping with demanding clients and courts.
What advice would you give to students who are in their final years of study and thinking of coming to the bar?
Think about what you really want – would you prefer the fairly safe path of the solicitor, climbing the firm’s ladder or moving into the corporate world, with good prospects of high remuneration. Or would you like to be your own boss, with all the excitement and risks inherent in that. Do you prefer working in the office or do you want to be arguing cases in court? And beware about specialising – some areas of work at the Bar have disappeared in the last few years (e.g. workers compensation).
37 2014 UTS LSS CAREERS GUIDE
going to the bar Taryn Priadko Why? Although solicitors can appear in court, Barristers traditionally
Becoming a reader means that you have commenced the ‘Bar
run trials. They will research precedents, construct a case, and
Readers’ Programme, which has two elements; reading with a
then present that case to the Court. They can also be experts in
tutor, and the Bar Practice Course. The Bar Practice Course goes
a particular area of practice, and give specialist advice based on
for one month, full-time, and is included in the reading period.
this expertise.
It is aimed at teaching advanced advocacy, mediation and other litigation skills, as well as providing an insight into life and
Despite the fact that they may share ‘Chambers’, Barristers work
practice at the NSW Bar.
as individuals, and are not attached to any firm. As such, they have the ability to manage their own time, and workload.
The reading period itself is twelve months, and you will be required to ‘read’ with one or more barristers (of no less than
Working on different trials means that a Barrister is constantly
seven years standing), during that period. Other requirements
challenged, and constantly learning. At the same time, they are
include criminal and civil reading, participation in two advocacy
able to make a real difference to the lives of their clients, and to
workshops, and attendance at six extension sessions.
the law.
Finally, you must also undertake the Continuing Professional Development Programme.
How? In order to become a barrister, you must first be admitted to
It is only upon the completion of these requirements that a
the Supreme Court in your jurisdiction. Although it is not a
lawyer in NSW can hold a Barristers practising certificate. There
requirement in NSW, it is recommended that you practice as a
are further incidentals required to practice law at this level, such
solicitor for a few years following your admission, and before
as purchasing Professional Indemnity Insurance, and specific
you attempt to go to the Bar. This is because the amount of work
courtroom attire.
that you will receive as a Barrister will ultimately rest on your professional reputation. The process of becoming a Barrister
For further information on admission and practice requirements,
would also be daunting for an inexperienced lawyer.
visit the NSW Bar Association’s website, at nswbar.asn.au.
Three bar exams must be completed before you can take out a ‘reader’s’ practising certificate. These exams are of a practical orientation, in subjects specifically related to advocacy. In order to pass them, a candidate must attain 75% in each exam. Once they have been passed, a conditional practising certificate can be taken out, and the legal practitioner will be termed a ‘reader’.
LIFE AT THE BAR
Karen Beck barrister: Waratah Chambers What does a barrister do?
preparation for hearings, drafting advices and conferences with
Most people think of barristers as they appear on TV and in
solicitors and clients.
the media generally; in court, bewigged and mercilessly crossexamining some poor soul who has the misfortune to be giving evidence.
When should you become a barrister? When you are ready to do so. For some, (including me), this
It’s not necessarily a true picture of what a barrister does,
may be a direct route straight from graduation, for most, it will
particularly in the early stages and in fact there are quite a
come after some time as a solicitor. When I first started the
variety of tasks that a barrister may do.
Bar Practice Course, one of the most interesting things was the diversity of age and experience (both life and legal) amongst my
Appearing in court (or a tribunal) is just one of these tasks, and
fellow readers. The common denominator was that all of us felt
these days, the wig is not worn in all jurisdictions nor are robes
ready to go to the Bar.
generally required for interlocutory matters or mentions. We were reminded constantly that our prior experience, whatever Most new barristers are neither equipped nor allowed to run
that may be, was largely irrelevant to our practice as a barrister.
trials as soon as they move into their reader’s room. Many of the
We were there to commence our learning in the art of advocacy.
early court appearances will involve mentions, or interlocutory hearings. While these might not sound as exciting as running a
Perhaps then when I say “ready for the bar”, it means ready
full trial, interlocutory matters can involve interesting points of
to learn the art of advocacy. This can be quite confronting,
law and provide an opportunity to hone advocacy skills.
particularly for readers who had many years of legal experience, and perhaps an expectation that it would be easy. It is not
An important role in many a barrister’s practice is drafting
something that you can pick up in the 4 weeks of the Bar Practice
advices. These too can often involve interesting points of law,
Course. It must be learnt, and honed, over many years.
and require both excellent writing and research skills. Some areas of practice, such as tax law, will require predominantly
This is not to say that experience as a solicitor is not useful. On
advice work, rather than court work, but in most areas, there will
the contrary, particularly if you want to practice in the same
be a mix of both. Barristers are also often involved in drafting
area, knowledge of the law and procedure will stand you in
pleadings and submissions. Barristers may also choose to
good stead as will having potential contacts to give you work.
provide mediation or arbitration services.
But if you have a burning desire to go straight to the bar, and importantly the funds to support yourself while your practice
A barrister’s typical week then may involve some court
is being established, don’t let a lack of experience as a solicitor
appearances, chambers work such as reading briefs and
stop you.
39 2014 UTS LSS CAREERS GUIDE A word of advice about the Bar examinations – they are hard, but if you put enough hours in, you should pass. In my view, most people who fail simply didn’t study enough. I would recommend that you start at least about 3 months out from the exams, or more if work commitments mean you have limited time to study.
So what is it like being a barrister? It is sometimes frustrating (when your argument of the century is dismissed out of hand by the judge), and nerve-wracking (some Senior Counsel say that they still feel nervous before every appearance). Having said that, in my view it is the best job in the world. You work for yourself, but have the support and camaraderie of your fellow floor members. There is a variety of work between court and chambers and every brief is different. There is a constant intellectual challenge. Last but not least, there is never a dull moment (my practice is in family law!). On that note, I do come across many people who ask how I can possibly deal with all of the awfulness inherent in family law matters. Some of the stories I hear are harrowing, and awful, but I get immense satisfaction from dealing with real people and their problems. There are certainly less emotionally fraught areas in which to practice, such as commercial law. Some barristers choose to practice across a number of different areas, rather than specialise in just one. Finally, keep in mind that the NSW Bar Association is a great source of information and assistance to those considering practising at the Bar.
If you have a burning desire to go straight to the bar, and importantly the funds to support yourself while your practice is being established, don’t let a lack of experience as a solicitor stop you.
Judges Associate & Tipstaff Roles Taryn Priadko
What do they do? The opportunity to work for a judge in chambers is available
In the High Court, the Federal Court and the District Courts, the
in the High Court of Australia, the Federal Court, and the
graduates in these roles are known as ‘Associates’. An associate
Supreme and District Courts of each state. Regardless
assists the judge by conducting legal research and preparing
of the level, an associate will have an exclusive ability to
judgments. This can involve delving into legal precedents in
watch and learn from some of the finest legal minds in the
uncertain areas, drafting background papers to assist the judge,
country. They also gain an invaluable insight into live legal
and reviewing draft judgments and making comments on them.
issues and will witness advocacy in action. As such, these appointments are highly sought after.
While in the superior courts, the terms ‘tipstaff’ and ‘associate’ are used interchangeably, in the Supreme Court these aides are referred to only as tipstaff or tipstaves, and they perform a slightly different function. Unlike associates, tipstaves in the Supreme Court provide courtroom and administrative support, and may not be primarily involved in providing legal assistance. Nevertheless, a tipstaff in the Supreme Court is exposed to, and assists in the preparation and hearing of both criminal and civil proceedings. Along with other important duties, they will have the same opportunity as associates to liaise with other judges, members of the legal profession, Court staff, and Government agencies. These positions usually run for one year, however they may be extended to two years. In the High Court, each of the seven judges has two associates; one who travels with the judge when the Court is on circuit, and one who is based permanently in Canberra. Every other judge is limited to a single associate or tipstaff.
41 2014 UTS LSS CAREERS GUIDE
How do I apply? Due to the popularity of these positions, selection is competitive. Eligibility will vary by Court, and you should read the requirements before applying. The High Court, for example, usually requires applicants to have graduated with First Class Honours. In the lower courts, the requirements are less stringent. Research experience will be especially relevant when applying for the role, along with a strong academic transcript, and other extra-curricular activities. Applications are usually sent to the judge’s chambers early in the preceding year. Although it will differ with the judge, they are usually due around March. Since some positions are not advertised, it is worth contacting the chambers of the individual judge for the specifics of when to apply, and what is required. In the High Court, applications can be made two or three years in advance, as there are no specific closing dates. In the Federal Court, the Judge(s) will often conduct the selection of associates themselves, and positions may not be advertised. Supreme Court positions, however, are taken at any time during the year, and can be filed and considered whenever a vacancy comes up. It is also worth applying in other Australian States and Territories, and applying for any research positions that may also be on offer. For more information, visit the NSW Supreme Court or Federal Court of Australia website, and read the ALSA Judge’s Associate Guide, the most recent of which was published in 2013.
Applying to be a Tipstaff or an Associate in the Courts Nicholas BentleY current Tipstaff to the Honourable Justice David Davies of the Supreme Court of NSW
What is a Tipstaff/Associate and What do They do? The role of a Tipstaff in the Supreme Court of NSW, and an Associate in the Federal Court of Australia, is one that provides administrative, ceremonial and research support to a Supreme
• • •
guests at formal court events; Liaising with the Court Registry; Collecting and delivering mail and personal messages as directed by the Judge; Extensive Filing.
Court Judge. A Tipstaff (or ‘tippy’, as they are more affectionately known) performs similar functions to what an Associate does in the to other courts has simply retained the traditional title of Tipstaff,
Why Spend a Year Being a Tipstaff or an Associate?
which was supposedly first mentioned in 16th Century England
Tipstaff and Associate roles are highly sought after by law
to describe a position responsible for both law enforcement and
graduates because of the opportunities that such appointments
ceremonial duties. In the Supreme Court of NSW an Associate is
bring. Not only do you work closely with a Supreme Court Judge for
the equivalent of the Judge’s executive assistant, staying on with
an entire year, but you also experience the Court from the inside,
a judge of many years. In contrast, a Tipstaff is usually a graduate
gaining a unique insight and appreciation of the modern legal
fresh out of law school that is appointed to the role for 12 months
system at work. Tipstaffs are regularly in court each week, enabling
before moving on to other employment.
them to watch top advocates, and providing an invaluable learning
other Courts of Australia. The Supreme Court of NSW in contrast
experience for any future lawyer. When in the Supreme Court you will see the Tipstaff sitting at the bench next to the Judge. In court, the Tipstaff is responsible for passing up documents from the bar table, assisting the Judge in
Application Process
finding documents and authorities, while also maintaining order
The application process is rather straight forward, but as
over the Court in the absence of a Court Officer or Sheriff. Outside
applications are overseen by each individual judge, when to apply
of the Court, a Tipstaff’s duties vary depending on the judge they
and who to apply to can be rather confusing.
work for. A summary of just some of the tasks that may be required include:
• • • •
Planning
Undertaking significant legal research for the Judge;
A Judge may appoint his or her Tipstaff/Associate more than one
Reviewing and discussing judgments with the Judge before
year in advance of the position becoming available, particularly
they are handed down;
in the High Court, however, in the Supreme Court most judges
Maintaining an efficient and organised Chambers in
consider applicants in the year prior to the next Tipstaff
conjunction with the Associate;
commencing.
Washing up dishes, serving the Judge and serving his or her
43 2014 UTS LSS CAREERS GUIDE Most applicants are final year law students who are set to complete
Associate. You will then be led into the Judge’s office where you
their studies and are ready to work full time once out of law school.
should shake the Judge’s hand and greet the judge (addressing
I recommend that students begin preparing applications when
them as “Judge”). But also remember to stay calm and be ready to
they complete their penultimate year, and should send off their
simply chat. The interview is a way for the Judge and the Associate
applications between January and March of their final year via
to see if you would make a good fit in their Chambers, as you will
email.
be working closely with both of them for an entire year. Be sure to try and make a good impression on the Associate and not just
Each Judge selects his or her own Tipstaff and thus applicants
the Judge. Both will be involved in your potential selection. In
must send off their application to each Judge’s Associate, which
my interview I discussed mostly music and my extracurricular
can take quite some time if you apply to multiple judges. For the
university activities, and not once did we confer on the law in any
Supreme Court of New South Wales, your application should involve
great detail. Be sure to prepare questions to ask at the end of the
an email to the Associate attaching a CV, an academic transcript
interview. I found my interview far more enjoyable than my clerkship
and a cover letter addressed to the Judge. Your cover letter must be
interviews, and I could not believe that 40 minutes had passed by
perfect as all judges appreciate attention to detail. Your letter may
the time I was back outside on the court steps.
be similar to your clerkship application letter, formal in tone, but it should be shaped towards the role of Tipstaff, and should be no longer than one page in length.
Important Details For Tipstaff Applications to the District Court of NSW, the contact
To reflect on my experience, I initially applied to five judges in
list of the Judiciary can be found through this link: http://www.
March of 2013 and was called up for an interview in June. Two of
districtcourt.lawlink.nsw.gov.au/districtcourt/judges.html
the Judges I applied to had already appointed their Tipstaffs. Two other Judges did not conduct their interviews until later in the year,
For Tipstaff Applications to the Land and Environment Court, a
by which time I had already accepted my appointment as Tipstaff to
useful link is:
Davies J.
http://www.lawlink.nsw.gov.au/lawlink/lec/ll_lec.nsf/vwPrint1/ LEC_tipstaff
Interview
For Tipstaff Applications to the Supreme Court of NSW, the contact
It is not uncommon to face several initial rejections because a judge
list of the Judiciary can be found through this link:
has already appointed a Tipstaff, or because you do not fulfill the
http://www.supremecourt.lawlink.nsw.gov.au/supremecourt/
criteria that the particular judge is looking for. If you are not called
judicialcontacts.html
for an interview from your initial applications, then be sure to follow up by applying to other judges, as there is no harm in exhausting all
For Associate Applications to the Federal Court of Australia, the
avenues.
contact list of the Judiciary can be found at this link: http://www. fedcourt.gov.au/about/judges/current-judges-appointment
If you are called for an interview then you should arrive having prepared some topics to discuss. Be familiar with your CV and
I wish each UTS student the best of luck for their tippy and
your academic history. When you arrive, the current Tipstaff will
associate applications.
likely show you into the Judge’s Chambers where you will meet the
LIFE AS AN ASSOCIATE Mitch Hillier Associate to the Honourable Justice Cowdroy OAM, Federal Court of Australia
Background Life as an associate in the Federal Court of Australia is
Similar positions exist in most other courts, with the equivalent role
a diverse and challenging role which I would strongly
in the various Supreme Courts being that of a tipstaff. Unlike the
recommend to any person with an interest in advocacy and
Supreme Courts where judges will hear either proceedings at first
litigation. I commenced as Justice Cowdroy’s associate in
instance or on appeal, judges on the Federal Court hear both types
January 2013, and will leave the Court upon his Honour’s
of matters in the following areas of law:
constitutionally mandated retirement in March 2014. The learning curve has been immense; I had some limited experience in attending hearings prior to becoming an associate, but the insight I have received in the course of being an associate into the conduct of litigation, the art of advocacy and the administration of justice has been invaluable.
• • • • • • • • • •
Corporate law; Competition; Intellectual property; Consumer protection; Industrial relations; Administrative law; Migration; Native title; Taxation; and Admiralty.
Federal Court judges may also be appointed to other positions, the duties for which their associate will have the opportunity to assist them. By way of example, Justice Cowdroy is a member of the Defence Force Discipline Appeal Tribunal and the Administrative Appeals Tribunal, whilst also being an additional judge on the Supreme Court of the Australian Capital Territory and a Judge Advocate of the Australian Defence Force. In Sydney, associates are expected to remain with their judge for one year starting in late January. This is flexible however depending on the needs of both the judge and the associate. The dates at which associates commence at other registries varies.
45 2014 UTS LSS CAREERS GUIDE
Role
references. These documents can either be sent in hard copy to
The daily tasks of an associate vary from chambers to chambers,
chambers, by email to the judge’s associate, or to the relevant
however there are some general duties. These include proofing
Federal Court registry. It is expected that associates will be
draft judgments, research, preparing memorandums for the
succinct, accurate and clear, and your application should reflect
judge, and communicating with, and receiving evidence from, the
this. Although it is not mandatory, you should try to keep your cover
parties. Each judge also has an Executive Assistant with whom
letter to one page, and your CV to three pages. Most judges will
associates work closely. An Executive Assistant will commonly
then conduct interviews in chambers with a shortlist of candidates.
assist a judge with their typing, travel and other administrative
Academic merit is a primary consideration, as too are the abilities
matters. Depending on how duties are assigned within chambers,
to think clearly and reason logically. Extra-curricular activities are
an associate may also be expected to maintain the electronic court
also of interest to a judge when considering an application.
file. Thankfully, the Federal Court registry staff in Sydney are on hand to train and assist associates whenever the need arises.
Given that the Sydney registry has the most Federal Court judges, many people apply from interstate. Although it is not as common,
Perhaps the greatest benefit of being an associate is being able to
I would encourage candidates from New South Wales to consider
discuss matters with the judge before and after hearings. Although
applying to judges in other states as well. There is a wide breadth of
daunting, some judges appreciate being able to test the logic that
experience across the Federal Court bench, and there are obvious
forms the basis for their decision with the associate when writing
benefits in working for a judge that specialises in your area of
judgments.
interest.
Associates also travel with their judge approximately four times a
Although associate positions can become available at short notice,
year when the court moves into Full Court session to hear appeals
it is prudent to submit your applications early. Some judges are
in the registries of each capital city in Australia. Judges with native
known to appoint their associates one to two years in advance, and
title matters in their docket may also attend regional hearings,
if a judge is particularly impressed by two candidates, they may
often in remote parts areas of Western Australia, the Northern
offer the position to both of them in consecutive years.
Territory and Queensland. An associate position with the Federal Court is highly sought after for good reason; the experience of working daily with some of the
Application process
brightest legal minds in the country holds you in excellent stead for
The process for applying for each associate position is determined
a career in litigation.
by each judge. As a general rule however, a judge will expect to receive a cover letter, curriculum vitae (‘CV’) and academic transcript. It is also a good idea to submit appropriate written
47 2014 UTS LSS CAREERS GUIDE
the world of
corporate advisory Yvonne Nemhe
Do you aspire to join the elitism of the corporate world?
advisory firms such as McKinsey & Company, Dixon Advisory and McGrathNicol. Such programs provide a practical and invaluable
Corporate advisors seek to enhance shareholder value of
source of development in the corporate advisory industry.
companies by identifying, evaluating, negotiating and executing strategic transaction opportunities. Such opportunities may
An interest in corporate advisory may involve further study.
include: due diligence reviews, valuations, independent expert
Further qualifications expected to be completed may include the
reports as well as management buyouts/buyins.
Chartered Accountants program (CA), Chartered Financial Analyst (CFA) or Master of Business Administration (MBA). However,
If you enjoy negotiating and thinking commercially, then corporate
most graduate programs offered incorporate and are specifically
advisory is definitely something to consider. The key outcome of
tailored towards catering for further study.
corporate advisory is to develop a more efficient and competitive management, in harmony with current reality, providing the company with decision making instruments at the right time. The work often revolves around providing advice to organisations on transactions that involve a change of ownership, mergers and acquisitions or even corporate division and restructuring. Transaction related advice and services may be catered towards publicly listed companies, private companies, business owners, private equity funds, banks, and other financial institutions. The ‘Big 4’ firms including Deloitte, Price Waterhouse Coopers, Ernst Young as well as KPMG facilitate structured graduate programs that aim to kick start a career in corporate advisory. Investment banks are another source of employment in corporate advisory with rewarding graduate programs being offered by JP Morgan, Goldman Sachs and Macquarie Group. Another great stepping stone to a successful career in corporate advisory includes graduate programs with consulting and
An interview with Legal Counsel:
Vesna Zuro Suncorp
What exactly is an in-house counsel and why do organisations employ them?
An in-house counsel is another name for a lawyer that works for a company (as opposed to a lawyer in private practice; ie working for a law firm). When you work as an in-house lawyer the company and its legal entities are your (internal) clients and you need to ensure that the advice you are giving protects those legal entities and its directors. Organisations employ lawyers internally for a range of reasons: they develop a knowledge and understanding of the business and become internal specialists, they’re more cost effective than briefing matters to external law firms (because they’re paid a salary and don’t charge by the hour) and they often provide other services outside of “legal” matters, such as risk and compliance/governance or company secretary functions.
What experience and qualifications are generally required?
Internal lawyers are exactly the same as lawyers in private practice in that they need a current practising certificate and must adhere to all their obligations including legal professional privilege, independence and duties as an officer of the court. I was admitted to practice in 1987 and my career has been quite wide ranging. I have been in private practice twice, as well as worked for regulators (ASIC and the NSW Crime Commission). I ventured into in-house on secondment from private practice about 10 years ago and loved it so much that I never looked back!
49 2014 UTS LSS CAREERS GUIDE What sort of work are you involved in on a daily basis?
The team is involved in all the legal work for the business and this covers reviewing all documents that affect the customer (eg disclosure documents, marketing materials) as well as internal and external contract arrangements. The legal team also sits on committees and working groups for projects throughout the business and we interact with external law firms as required. Work is spread across the team according to experience and junior lawyers and graduates are supervised and mentored.
How does your role as an in-house counsel differ from your previous experience as a solicitor at a law firm?
For me the main difference is that you can’t get away from your clients because you may be sitting next to them! The best part of in-house is working with the business on an important project or transaction where you work as a valued member of a multi skilled team and your input is important so that the business can achieve its strategic goals. In-house, you need to be commercial and practical, while ensuring that the law is complied with.
Is it difficult to transition between working in house and practising as a solicitor?
Many lawyers move from private practice to working in-house or vice versa. Different people like different environments. For me I prefer the hustle and bustle of the business environment.
What is your advice to graduates who wish to join an organisation as in-house counsel?
Working as an in-house lawyer can offer many rewards but it’s not for everyone. Good organisations will have structured graduate programs so that the grads are properly supervised and trained and learn appropriate legal skills. If you’re interested in understandings a business (or possibly even moving in to a business role, which incidentally many lawyers do) then in-house could be a good option.
VISIONARIES VISIONARIESWANTED. WANTED. We Wehave havemore morethan than2,000 2,000lawyers lawyersspread spread across acrossfive fivecontinents continentsallowing allowingus ustoto share shareour ourpeople, people,expertise, expertise,clients clientsand and most mostimportantly importantlyour oursuccess. success.Your Your career careerwill willbenefit benefitfrom fromunprecedented unprecedented exposuretotohigh highprofile profiledeals dealson onan an exposure internationalplatform. platform. international Areyou youa avisionary? visionary?Join Joinus. us. Are Joinus us on on Join Facebook Facebook
offer you the experience of more than 2,000 lawyers across five continents. Choosing a career K&LGates Gates WeWeoffer you the experience of more than 2,000 lawyers across five continents. Choosing a career at at K&L We have a one-company, one-team mentality, constantly seeking ways to add is selecting to be a part of a We have a one-company, one-team mentality, constantly seeking ways to add is selecting to be a part of a value to our clients and your career objectives. progressive and innovative law value to our clients and your career objectives. progressive and innovative law We look to recruit talented people, then provide the opportunities and support firm that continues to grow year We look to recruit talented people, then provide the opportunities and support for them to achieve their best. Join us and you will join a team of passionate firm that continues to grow year them to achieve their best. Join us and you will join a team of passionate on year. We work with market forprofessionals dedicated to providing exceptional client service. on year. We work with market leaders across many industries professionals dedicated to providing exceptional client service. leaders across many industries Join us – Summer Clerkship Program in a range of exciting areas of Join us – Summer Clerkship Program in a range of exciting areas of Applications for our Summer Clerkship Program open in June 2014. the global economy. Applications for our Summer Clerkship Program open in June 2014. the global economy.
To apply and to find out more information about the firm, please visit our Towebsite apply and to find out more information about the firm, please visit our at www.klgates.com. website at www.klgates.com. You can also follow us on Facebook at facebook.com/klgatesgraduaterecruitingaus. You can also follow us on Facebook at facebook.com/klgatesgraduaterecruitingaus.
Nathan Zhu Nathan Zhu Multi-instrumentalist, kickboxer Multi-instrumentalist, kickboxer Private Enterprise Adviser Private Enterprise Adviser KPMG Gold Coast KPMG Gold Coast
Go
Beyond Beyond Your Yourhorizons horizons When it comes to thriving with constant change, having When it comes to thriving with constant change, having patience and discipline can make all the difference. patience and discipline can make all the difference. It’sIt’s this belief that graduate Nathan ZhuZhu brings to to this belief that graduate Nathan brings hishis work and private life. Where taking the time to to work and private life. Where taking the time understand thethe goals andand needs of each client is asis as understand goals needs of each client important as giving your all. important as giving your all. For Nathan, who brings this focus to his career and love For Nathan, who brings this focus to his career and love of boxing and playing music, producing results that go of boxing and playing music, producing results that go beyond expectations is just part of a normal day. beyond expectations is just part of a normal day. It’s this dedication that KPMG appreciates and very It’s this dedication that KPMG appreciates and very much encourages. To approach each challenge with much encourages. To approach each challenge with patience and discipline and see its potential. patience and discipline and see its potential. If you want a career for all of you, talk to us. If you want a career for all of you, talk to us. kpmg.com/au/grads kpmg.com/au/grads
© 2014 KPMG, an Australian partnership. All rights reserved. VICN11566PPC.
© 2014 KPMG, an Australian partnership. All rights reserved. VICN11566PPC.
my experience at eY isabelle duggan
I completed the Summer Vacationer program with EY
The application process
(formerly Ernst & Young) over the 2012/13 summer holidays
The process to apply for any Summer Vacationer job is time-
in Transaction Advisory Services, spending four weeks
consuming – but absolutely worth it. All the “Big 4� professional
in Mergers & Acquisitions and five weeks in Corporate
services firms as well as many mid-tier professional services
Restructuring. It was an absolutely amazing experience and
firms open applications very early in the year for the following
I wholeheartedly recommend it to anyone with an interest
summer holidays, typically February/March for the Summer
in the business world and corporate and commercial law,
Vacationer Program commencing in November of that year, thus
as I found the work I was involved in to reflect an interesting
it is imperative to be organized early on.
combination of the two. As the name suggests, Transaction Advisory Services provides advice on any transaction a
There is a typical online application process including literacy
business may be going through or undertaking.
and numeracy tests to complete, and as I was lucky enough to proceed pass that stage, I attended a full day of recruitment which involved two interviews (behavioural and skills based), more literacy and numeracy testing, group activities with other applicants, an office tour and an informal networking session with various grads to partners over lunch. You have to prepare as much as possible for this day, not only about the firm but also to display a general commercial awareness and interest in the work that the firm does.
The work Once at the firm, the aim of the Vacationer Program was to allow us to experience as much as possible what working at EY would be like. The work that the team in my first rotation, Mergers & Acquisitions, undertook mainly involved acting on behalf of clients who were buying and selling companies. This team primarily operated in the mid-market space in terms of the Australian industry of M&A deals, and thus the main client base tended to be private equity firms and entrepreneurs. The type of work I undertook consisted of editing information memorandums
53 2014 UTS LSS CAREERS GUIDE about companies as part of a sell-side transaction, researching
Why I chose EY
into acquisition opportunities as part of a buy-side transaction
I selected EY as opposed to the other “Big 4� professional services
and further researching into potential opportunities in an
firms because right from the beginning, everyone I met from the
industry sector as part of the business development work that
firm were really warm and friendly, and sure enough when I joined
the Mergers & Acquisitions team undertook.
full-time as a Vacationer this was reflected in the culture of the firm. EY places a huge emphasis on their employees well-being,
The work that the team in my second rotation, Corporate
as well as corporate social responsibility in the community. These
Restructuring, undertook mainly involved acting on behalf of
factors combined with a global brand name and the interesting
clients who sought to place their own company into liquidation
engaging projects that EY employees have the opportunity to work
or administration, or who sought to place another company
on made the firm a clear choice for me.
(and were in a valid position to do so) into liquidation or administration. The type of work I undertook consisted of
Another crucial aspect was the training that the firm provides.
tracking debtor payments as part of a company administration,
The people I met at EY came from many different degree
researching on aspects of a liquidation of a mining company and
backgrounds and this diversity was especially valued at the firm
other tasks essential to the process of managing a company in
and combined with a great deal of emphasis on training you for
administration.
the work you will be doing. Furthermore, at a Vacationer level, we were all assigned a buddy (a graduate) and a counselor (a
As an aside, learning and experiencing a great deal in these areas
manager) to provide guidance and general support throughout the
during my time at EY significantly enhanced my experience of the
program.
law electives I undertook in these areas in subsequent semesters at UTS (particularly Insolvency and Securities Markets Law) and ultimately helped develop an area of interest for Honours. Therefore as well as the invaluable practical experience you will obtain if you pursue a position as a Summer Vacationer at EY, the general learning aspect of this program I experienced I found to be invaluable to my studies at UTS:Law.
working at asic Robin Bowley UTS: LAW
I have lectured with the UTS Faculty of Law on a part-time basis
As the “credit crunch” of 2008 progressively worsened, ASIC was
since 2009, and have recently commenced a full-time Lecturer
intensely monitoring developments on financial markets both
position with the Faculty. Between 2005 and 2011 I worked
within Australia and internationally – with a particular focus
as a Lawyer with the Australian Securities and Investments
on preventing the spreading of false market rumours and the
Commission (ASIC). ASIC has responsibility for regulating a very
banning of short selling. This was certainly a busy (and at times
wide number of Australian businesses – including Australian
nervous) time for ASIC and other regulators around the world.
companies and the professionals that service them, financial services providers, financial market operators and more recently,
I also worked within the Enforcement area of ASIC - which
consumer credit providers. Whilst ASIC is perhaps best known as
undertook more detailed investigations into suspected breaches
Australia’s “corporate police force” through its investigative and
of the Corporations Act and related legislation, and was
compliance monitoring activities, it also undertakes a number
involved in civil and criminal proceedings arising from these
of other functions – including policy making, liaising with the
investigations. Some of the interesting matters I worked on
industries it regulates, reviewing and facilitating corporate
included a major investigation into suspected insider trading
transactions and educating consumers about financial matters
which involved the execution of search warrants with the
through its website www.moneysmart.gov.au.
Australian Federal Police, a corporate fraud investigation into the misappropriation of company assets by a former managing
I initially worked within the MarketWatch team in ASIC’s
director, and contributing to ASIC’s successful High Court appeal
Compliance – Capital Markets area. This team was responsible
in the James Hardie matter.
for monitoring the timeliness and accuracy of market disclosures by listed entities under the ASX Listing Rules and Corporations
I would certainly encourage UTS Law students to consider career
Act, and liaised very closely with market supervisory staff at the
opportunities with ASIC. Working at ASIC allows you to gain
Australian Securities Exchange (ASX). The period until early 2007
a unique insight into the operation of Australia’s companies,
was a “boom time” for financial markets, with a high amount
financial markets and financial services industries. I found it
of M&A activity. A particularly interesting aspect of our team’s
particularly interesting working on ASIC investigations during the
focus around this time was on assessing compliance by listed
day, and then teaching Corporate Law during the evenings at UTS
resources companies with their market disclosure obligations.
where some of the tutorial scenarios were similar to the matters I
Other areas of focus for our team included monitoring
had worked on during the day!
disclosures about changes to the financial statuses of listed entities, and undertaking inquiries in relation to suspected
Depending on the area of specialisation within ASIC, staff
insider trading, market manipulation and insolvent trading.
frequently work in multidisciplinary teams of professionals – including lawyers, investigators (many of whom are former police
55 2014 UTS LSS CAREERS GUIDE officers), investigative accountants, financial market analysts and industry experts. It is possible to learn from the knowledge and experience of these professionals, and also to develop unique skills such as investigative interviewing and the conduct of compliance-monitoring activities.
Whilst ASIC is perhaps best known as Australia’s “corporate police force” through its investigative and compliance monitoring activities, it also undertakes a number of other FUNCTIONS
ASIC offers a good work-life balance, and is very supportive of its staff undertaking further postgraduate studies and professional development. It has an annual graduate intake, as well as opportunities for people with relevant experience in the industries it regulates. Experience gained through working at ASIC is highly regarded both by law firms and within the broader financial services industry. If anyone would like further information about careers within ASIC, I would encourage them to visit www.asic.gov.au, or to contact me for further information.
57
Charles Bannister Principal - Bannister Law
well as practising the law sounds attractive to you, being a sole
It’s just like running any other business, and then some:
practitioner or building your own firm may be the right career path
One thing that is not taught at law school is business skills, yet they
for you.
are essential if you are going to run a legal practice. You may need to
If the idea of being your own boss and running a business as
spend as much time on business development and marketing as on Although the idea of being your own boss is likely attractive, going
the practice of law. If you are starting out on your own at a younger
it alone carries additional responsibilities. Solicitors working
age, or as yet do not have your own clients or an established name,
in established law firms don’t have to worry about marketing,
this is especially so.
budgeting or support staff and HR issues – things that I have to think about on a daily basis. When you solo practice turns into a
Once you have determined your niche market, seek to be known
firm, these multiply and take up more of your time. However, if the
as an expert in that space. Build your personal brand so that you
independence appeals to you, you might even find the challenge of
become the go-to person on legal matters in that area of law. The
creating a viable practice enjoyable.
best way I found to do this was to build strong strategic alliances and make your clients happy! You will also need to build an alliance
Starting out:
with other solicitors and barristers to make sure that your practice
There are a number of requirements that you will need to satisfy
delivers good results.
before you can practice on your own. The first one is having the restrictions on you Practising Certificate removed. This is usually
I would also suggest going further and expanding your referral
possible after two years of practising as a solicitor supervised.
network beyond the legal profession. For example, building relationships with doctors, real estate agents, accounting firms or
During this time, I found that it was essential to build the
other providers that deliver services to your target market.
foundations for my career and the business I wanted to establish. The most important thing is your reputation and your client base.
Stay hungry and work hard!
The legal world is a small one and word of mouth is a cost-
Constantly having to worry about finances, trust accounts,
effective and important marketing tool. Once you start your own
marketing, staffing issues as well as staying on top of changes
practice, you want to make sure that you will be able to attract a
in my practice area and then actually having to do the work isn’t
solid client base and have a continuous cash flow.
always thrilling. But if you like the idea of using your law degree to do more than just practice law, and working for someone else
Secondly, getting a mentor or connecting with someone who is
sounds mundane, then start forming a strategy now, be creative
an experienced solicitor helps when you are just setting up for
and work hard. There is a world of opportunity and you may quickly
the first time. Even connecting with a mentor who is a successful
find that your workload is constantly increasing and you are
business person outside the industry would enormously help to
running a thriving law firm, not just a small practice.
fine-tune your business model.
2014 UTS LSS CAREERS GUIDE
Why not start your own legal practice?
practising family law ANTHONY BURKE SOLICITOR AT COLLINS & THOMPSON The practice of Family Law can generally be broken into 2 main Specializing in Family Law means practicing in a landscape
areas: Property Related and Child Related.
that can be very different to other areas of the law. It can seem, to a graduate, like jumping in the ‘deep end’ of the
Property Related Family Law is an area of law almost never done
law. However with proper mentoring and guidance, it can
according to the Act, subject to one reservation, a surprising
be a career path that it is as rewarding as it is challenging.
statement to most. The one reservation is that of “discretion”. The
Here are some insights into the ‘real’ practice of Family Law
Act in its application reserves a very wide discretion to the Judge
for any students looking to pursue a career in this area, and
in making findings of fact and consequential Orders and to the
some general words of advice for the pending graduate.
parties making Agreements. Appeal Courts have ever been loath to disturb discretionary aspects unless there is plainly a mistake. The discretionary aspect of Family Law means advising a client is very difficult. Clients never “hear” what they don’t want to hear and always interpret advice in the best light for them. The advice is best given in writing and always subject to the conditional of “on the present knowledge and using the present assumptions as to value”. Child Related Family Law is an area of law that will usually test the practitioner’s psyche and spirit. I consider it an area of law unsuited to those Practitioners who have any difficulty in remaining objective and unable to maintain a “Solicitor / Client” relationship with their client. It is an area of law in which the Law of Evidence has a different application in different instances and in some instances no application. It is an area of law sometimes incapable of creating closure and some cases remain active for years. It requires a true vocation to do well, and it has the potential to do immense damage if not done well. On the other hand, it has the potential to do a lot of good, if done well. On a more general note, a Family Law matter can encompass the application of the Family Law Act; the law of property; taxation
59 2014 UTS LSS CAREERS GUIDE implications of proposed transfer of various types of property
commenting to me once when we were attending a Seminar on
under the Family Law Act, including GST implications; the
Child Abuse, that when she was admitted to practise she didn’t
parties Superannuation (both Public Funds and Self-Managed
know much law and even less about practise, but had a fairly good
Superannuation Funds); Trust Law, both in respect of Family
idea where to look it up.
Trusts and Testamentary Trusts; State Welfare Law; and also State and /or Commonwealth Criminal Law. Practice in Family Law
The best advice I can give a Lawyer starting out is thus: choose a
can therefore be seen to potentially engage a lawyer in many fields
mentor with care; learn to listen; learn when to question and when
of law.
to not question; realize that only government Solicitors work a 40 hour week; realize that study is never ending and each new matter
As such, even if you are certain that you intend to specialize
will require you to go back to the books and study; and take time
in Family Law, I tend to view that the new graduate is better
out to sit in courts and watch and listen to other matters and learn
served in overall development as a Lawyer by not specializing
how it is done.
early and in gaining experience across what is sometimes called “General Practice”. Obtaining a year or two experience of such
To the budding Family Lawyer, I remind you that in addition to
things as Conveyancing, Wills & Estates, Local Court crime and
many different types of law, you are going to be dealing with
Debt Recovery, is good seasoning for a new graduate (even if
subjects that are inevitably buried deep in the parties psyche:
only on a roster of local solicitors doing Legal Aid advising), as it
power, sex, children and money. There remains an aspect of
gives training in taking instructions; client relations, advocacy,
dealing with these matters on the basis of political, gender-
the application of the law or evidence and the economics of the
based and biased ‘pre-conceptions’ and I encourage you to try
practice of law.
and change this. Therefore, if you are contemplating practicing in Family Law, the best advice that I can give you is to read, read,
I’ve been admitted to practice over 30 years, and I started to specialize in Family Law in the late 1980’s ( i.e. about 8 years after I was admitted). I consider it one of the reasons that I have not ‘burnt out’, or walked away from the vocation, as I have seen many others do. Many new graduates have a fine grasp of the “black letter” of law they have been required to study, but few have a grasp of the application of the instructions from their clients to the matter at hand and presentation of their client’s matter properly. I recall the Chief Judge of the Family Court (as she then was) Elizabeth Evatt
and, most of all, retain objectivity.
practising law interstate Taryn Priadko
Once you are admitted to the NSW Supreme Court as a legal
Making a Permanent Move
practitioner, this state will become your ‘home’ jurisdiction.
Due to the adoption of the Mutual Recognition Act 1992 (Cth) by
It was once difficult for solicitors and barristers to practice
all states and territories, a lawyer admitted in one jurisdiction
anywhere other than their home state, and traversing
can move seamlessly into practice in another state. Rather than
jurisdictions was uncommon. Yet, in an increasingly fluid
needing to seek re-admission, under the Mutual Recognition
society, it has become necessary to remove the previous
Scheme an Australian legal practitioner will simply need to
restrictions on the right to practice. Now, whether you are
register with the second state in order to practice. Registration
crossing state lines temporarily, or planning a more permanent
requires a lawyer to submit an application form, and pay
move, legislative changes make the road to interstate practice
a registration fee, usually to the Supreme Court Registrar.
far less bumpy.
Essentially, it is a process designed to enter the lawyers name on the second state’s Roll of Practitioners, and to issue them with a ‘local’ practising certificate. The application for registration is by way of a Notice of Application, Statutory Declaration, an Oath of office and an Affidavit. Samples of these can be found on the NSW Supreme Court website. They generally require a lawyer to indicate that they seek to become a lawyer in another state, to prove that they have been admitted in their home state, and that they hold a current practising certificate. The applicant must also indicate that they are not involved in any disciplinary hearings, and that their registration has not been cancelled. Any conditions to which their registration is currently subject must be specified. There will be time limits imposed upon giving notice to the requisite professional bodies, filing the affidavit of service of the notice, and swearing the Oath of Office. Therefore any lawyer seeking recognition in another jurisdiction should acquaint themselves with the specific requirements of that State’s Law Society, or other professional authority, to ensure the process runs smoothly.
61 2014 UTS LSS CAREERS GUIDE
Travelling Interstate
towards fluidity and transition in interstate practice. For further
Even those who practice solely within their home state can,
information, and to find out about Trans-Tasman mobility (with
at some point, be required to traverse states temporarily.
New Zealand), visit the website of the Office of the Legal Services
This generally occurs where a lawyer is required to represent
Commissioner, at www.olsc.nsw.gov.au.
a client whose matter is being heard interstate. In such circumstances, there is no requirement for a lawyer to be admitted to the Supreme Court of the ‘host’ state in order to appear and practise there, as long as they are properly admitted in their home jurisdiction. Once again, however, it would be prudent to check for specific requirements or restrictions imposed by the professional authority of the State to which you are travelling, as some of the circumstances of your work may necessitate additional duties. You may, for example, need to give proper notice before withdrawing money from a local trust account, even if you have been authorised to do so. Details of any requirements can be found on the various Law Society websites.
Recognising Specialist Accreditation The Specialist Accreditation Mutual Recognition Policy has also been designed by the Law Societies in each jurisdiction to cater to practitioners who practice in a location close to a border and are likely to attract clients from both states, who practice in two or more States, or who have relocated their practice to a different state to that of their accreditation. It therefore extends the Mutual Recognition Scheme to any specialist accreditations that you might receive in your home state, and allows them to be recognised in other jurisdictions. It is a recent, and further indication of the increasing trend
Practising internationally: in Common Law Countries Taryn Priadko Canada
lawyer will need to obtain approval from the Solicitors Regulation
Canadian provinces and territories follow the common law legal
Authority and then sit an assessment.
tradition, with the exception of Quebec. Federal statutes take into account the bi-juridical nature of Canada and thus use both
Other ways that many students can experience the international
common law and civil law terms where appropriate.
field in the UK is through temporary work. Many of the top commercial law firms have offices in the UK and offer
There are two primary steps for a foreign lawyer desiring to
opportunities such as international and client secondment. Keep
practice law in Canada. The first is to become accredited at the
in mind that if working temporarily, registration with the Roll of
national level, and then at the provincial or territorial level. To do
Solicitors as a ‘registered foreign lawyer’ is a requirement.
so, application to the National Committee of Accreditation (NCA) is necessary. The NCA will evaluate an applicants academic profile
For further information, contact The Law Society of UK on www.
as well as professional experience to determine whether further
lawsociety.org.uk
courses are required before a Certificate of Qualification can be issued. WIth this document, one can approach a regional Law
United States of America
Society to apply for admission to the bar to be admitted to practice
Requirements for admission are stipulated at the state level and
law in that area.
vary across all state jurisdictions. Similarly to Canada, a foreign lawyer will need to apply for admission to the bar in the state one
For more information, contact the Federation of Law Societies of
intends to practice in, and must pass the bar examinations for
Canada at www.flsc.ca
that state. The requirements for each state can usually be found on the website of the Bar Association or under the authority of the
United Kingdoms (England and Wales)
Supreme Court of that state.
The UK is a particularly popular place for Australian lawyers and graduates to work. There are a few ways to make the move.
Generally, if an applicant has undertaken studies outside the US in a program that is equivalent in duration and substance to those
Non-law graduates and students with foreign law degrees that a
offered by approved schools in the US, then they will be eligible
one-year postgraduate course such as Graduate Diploma in Law,
to sit the bar. But beware, the exams are tough, with the most
followed by a Legal Practice Course. The course is similar to that
grueling exam running over 21.5 days in Louisiana!
of College of Law.
India Alternatively, as a qualified and practising lawyer in Australia you
The Indian legal system is comprised of common law and statute
are eligible to transfer to the roll of solicitors of England and Wales
law, supplemented by religious and customary laws, with the
under the Qualified Lawyers Transfer Regulations 2010. A foreign
exception of the state of Goa which follows a uniform civil code.
63 2014 UTS LSS CAREERS GUIDE Foreign law degrees are usually not recognised and foreign
However, there is a an alternative to enable foreign lawyers to
nationals are barred from admission and practice in India.
practice in SIngapore. Registering as a Foreign Lawyers enable
However, in recent times there has been changes and foreign
one to practice foreign law or in Singapore banking, finance and/
lawyers are now able to provide legal advice on a fly-in, fly-out
or corporate law.
basis. The Foreign Practitioners Examination must be passed and a For more information, contact the Bar Council of India at www.
Foreign Practitioners Certificate obtained from the Attorney-
barcouncilofindia.org
General. Before one can sit the exam, it is essential that they have at least three years of relevant legal practice or work.
Malaysia The legal system of Malaysia is based on common law legal
For further details, contact the Law Society of Singapore at www.
tradition, with Islamic Law applying to Muslims at the state level.
lawsociety.org.sg
Foreign law degrees are not recognised and foreign nationals are
South Africa
barred from admission and practice in Malaysia. New laws now
South Africa has a mixed legal system of common law, civil law
allow foreign lawyers to provide legal advice and work on cases
and customary law. Similarly to Australia, the legal profession is
on a fly-in, fly-out basis, with a limit on the number of days stay
divided into advocates and attorneys (barristers and solicitors).
is permitted. Foreign lawyers can advise and consult on matters pertaining to international law and not domestic law.
To be admitted as a South African attorney and practice local law, a foreign lawyer would need to obtain an LLB degree from
New Zealand
a South African university, comply with training and clerkship
Thanks to the Trans-Tasman Mutual Recognition Act, if you are
requirements, with the Attorneys Admission Examination, as well
qualified to practice in NSW, you are eligible to give notice and
as having South African citizenship or permanent residency.
apply to the High Court of New Zealand for admission. There are requirements to follow such as obtaining a certificate of character.
There is a simpler alternative. A foreign qualified lawyer may establish themselves under home title (Solicitor of the Supreme
For further details, contact the New Zealand Law Society at www.
Court of NSW). This enables them to practice home and
nz-lawsoc.org.nz
international law, as well as practising in areas of international finance and corporate law.
Singapore Australians who are not citizens or permanent residents in
For more information, contact the General Council of the Bar of
SIngapore cannot apply for admission to the Singapore bar.
South Africa at www.sabar.co.za
Practising internationally: in major Asian economies China
Japan
Practising in mainland China can be difficult for foreign lawyers
Firstly, it is is essential to be fluent in Japanese before
unless they are linked to a foreign law firm. Foreign law firms are
considering a move as meetings, advice and documents are
able to set up representative offices, enabling them to advise
generally expressed in Japanese.
clients on international conventions and practices. Foreign solicitors seeking to practice in Japan must register as a Hong Kong, being a colonoy of the British Empire, has a well-
Registered Foreign Lawyer. The criteria to satisfy is fairly simple;
esablished common law system which offers many opportunities
including being qualified in your own country, having practiced
for Australian lawyers. Legal documentation is drafted in English
law for at least three years and having a residence in Japan.
and many of the legal principles and courts reflect those in Australia.
Becoming a practising lawyer involves writing submission to the Minister of Justice who in turn recommends any further training
Admission to practice in Hong Kong can be a lengthy process
courses that the applicant should take. These could encompass
if you are not employed by a large international firm. The
passing the bar exam as well as completing a one and a half year
qualification exams and studying full-time for a year are also
training program. Once these are complete, admission with the
compulsory.
Japan Federation of Bar Associations is possible.
For more information, contact the Ministry of Justice at www.
For more information, contact Japanese Ministry of Justice on
moj.gov.cn
www.moj.go.jp/ENGLISH/information/gjb.html and the Japan Federation of Bar Associations.
65 2014 UTS LSS CAREERS GUIDE
Practising internationally: in other major economies Brazil
Germany
Foreign graduates must meet all the requirements prescribed to
Germany is arguably the largest economy in the European Union
Brazilian lawyers, which includes passing the bar exam. Further,
and therefore attractive for many lawyers. Similar to France,
a foreign degree must be validated prior to being eligible for
qualified practitioners from England and Wales, other EU, EEA and
admission to the Brazilian Bar Association. Brazilian universities
Swiss qualified lawyers may apply for registration as European
that offer Bachelor of Laws courses have a period of six months to
lawyers to a regional Bar in Germany. Once registered and
analyse the comparability of a foreign degree to the one offered in
practising for at least three years in German law, the applicant can
Brazil. Following on from this assessment, may be an additional
apply for admission.
requirement that some subjects be completed before a foreign diploma is validated.
For Australian qualified practitioners, there is a right of establishment in Germany to give advice in international law and
Alternatively, a foreign lawyer may still practice in Brazil without
the law of their home country.
admission, but will be limited to being a foreign law consultant. There is still a requirement that authorization be granted by the
For more information, contact the Germany Federal Bar at www.
Brazilian Bar Association. Foreign law consultants in Brazil have
brak.de
very limited powers and are only entitled to consult in areas of law relating to their own jurisdiction.
Russia The Russian legal system is complex and differs from many
For further information, contact the Brazilian Bar Association at
traditional legal systems. In Russia, a licence is not required to
www.oab.org.br
practice law or give legal advice, therefore lawyers can practice under the title of a legal consultant. However, to be able to appear
France
in court and give advice on criminal matters and appear in court,
With the increasing expansion of the European Union, the French
one must be admitted as an Advocate. This requires completion of a
legal market has opened up to foreign legal practitioners. They
formal legal education and admission in Russia.
predominantly come from England and Wales and other EU, EEA and Swiss qualified lawyers.
Foreign lawyers can practice in Russia and can provide advice on international law and the law of their own home country. However,
There is also an equivalency examination that is available to foreign
unless one is admitted as an Advocate, they will not be able to work
lawyers as a pre-requisite to admission by the National Council of
in criminal litigation.
Bar Associations. For more information, contact the Federal Chamber of Advocates at For more information, contact the National Council of Bar Associations at www.cnb.avocat.fr
www.advpalata.ru
UTS Law students’ SOCIETY
CAREERS NETWORKING EVENING
BE INSPIRED. FIND YOUR PATH. Aerial UTS Function CENTRE
2 April 2014 6:00pm – 9:00pm
Don’t miss your chance to chat to legal professionals from government agencies, barristers’ chambers, social justice organisations, business and investment firms, law firms and NGOs over canapés and drinks. Come along and pick up the 2014 UTS LSS Careers Guide! For more details and to register your name visit the UTS LSS website.
2014 UTS LSS CAREERS GUIDE
NOTES: 67
Like what you see? Contribute to a UTS LSS Careers Publication this year! Keep an eye on our website for calls for contributors or email careers.publications@ utslss.com