The Monash Law e-Briefing 3rd edition November 2014: 2014

November 3, 2014

3rd Edition November 2014

50th Anniversary: Connecting our alumni locally and globally

Welcome to the third edition of The Monash Law e-Briefing, in what continues to be a celebratory and eventful year for the Law Faculty community.

We’ve now had four 50th anniversary celebrations globally, our Gala Dinner in Melbourne and alumni dinners in Hong Kong, London and Singapore.

We are also planning for a celebration in Malaysia before the end of 2014.

In September we held a dinner in London with a number of Law alumni currently working or completing postgraduate studies in the UK.

Guests were very appreciative of being able to attend this alumni dinner in London and help the Faculty celebrate this significant anniversary. They recognise the value of being part of the Faculty’s growing global presence and network.

We also held a Law alumni dinner in Singapore in October. Guests thoroughly enjoyed the opportunity to reminisce and benefit from each other’s diverse industry knowledge and experience. The enriching discussion exemplified the broad and valuable skill set of Monash Law graduates.

Dean Prof Bryan Horrigan with Law alumni in Singapore (L-R: Ms Michelle Landy, the Dean, Mr Dinesh Menon, Mr Low Chee Wah and Mr Ivan Ang)

In addition to celebrating the Faculty’s 50th anniversary, these dinners have been great opportunities for our international Law alumni to connect and engage with each other and the Faculty.

Our recent initiatives including the Faculty’s new partnership arrangements with Oxford, Cambridge and King’s College London aim to build upon and strengthen our global reach and community. So too do the new Hong Kong student scholarship and internship initiatives launched by our Hong Kong alumni advisory chapter at their 50th anniversary celebration earlier this year.

It has been exciting to hear from alumni around the world about their successes and contributions to a diverse range of sectors including legal, corporate, academic, government and community.

We are committed and working hard to create more opportunities for alumni to engage and connect locally and globally.

We encourage you to visit the alumni section of our website where you can find out how to become more involved and engaged with the Faculty and also read about alumni achievements, privileges and benefits.

Law Faculty celebrates 50 years with gala dinner

The Grand Hyatt Melbourne came to life as the Law Faculty celebrated its 50th anniversary with a gala dinner with over 400 attendees. Read more

Watch 50th Gala Dinner video and
Reflections on the first 50 years video

Research centre on commercial law and regulatory studies

The Centre for Commercial Law and Regulatory Studies (CLARS) is a research centre that incorporates the previous Commercial Law Group and Centre for Regulatory Studies.

Read more or visit the CLARS website

Law alumna takes out top distinguished alumni award

The Hon Chief Justice Marilyn Warren AC

The Honourable Chief Justice Marilyn Warren AC (BJuris 1973, LLB 1974, LLM 1983, HonLLD 2004) was awarded University Distinguished Alumni of the Year, the highest alumni award presented by Monash University. Read more

Fellowships honour exceptional Law alumni

Monash University recently acknowledged the extraordinary contributions and achievements of industry leaders with awards of Fellowships to outstanding alumni.

Fellowship recipients included the following Law alumni:

The Honourable Justice Jennifer Coate (BA 1979, LLB 1984)

The Honourable Justice Pamela Tate (LLB(Hons) 1988)

Mr Graham Allan (BEc 1975, LLB(Hons) 1978)

Ms Karen Wood (LLB(Hons) 1985)

Honourable Justice Stephen Gageler presents the 20th Lucinda Lecture

In our 50th anniversary year, the Faculty was honoured to have the Honourable Justice Stephen Gageler of the High Court of Australia deliver the 20th Lucinda Lecture at our Clayton Campus on 15 September.

Read more or watch the 20th Lucinda Lecture video

The Hon Justice Stephen Gageler

Back row: Prof. The Hon. Peter Gray AM, Dr Vicky Priskich, Prof. HP Lee, Acting Dean Prof. Marilyn Pittard, Prof. Peter Johnson
Front row: The Hon. Michael Black AC, The Hon. Chief Justice Marilyn Warren AC, The Hon. Justice Stephen Gagelar, The Hon. Chief Justice Diana Bryant AO

Victoria’s Chief Justice delivers the Annual Newman lecture

2014 Newman Lecture speakers (L-R): Professor Bryan Horrigan, The Honourable Chief Justice Marilyn Warren AC, Emeritus Professor Gabrielle McMullen AM FRACI, Dr Simon Caterson.

Victoria’s Chief Justice and Monash Law alumna, the Honourable Chief Justice Marilyn Warren AC, recently attended Mannix College and delivered the annual Newman Lecture, exploring the meaning of justice. Read more or view a transcript of the lecture.

Victorian Ombudsman and Law alumna presents the 2014 Costello Lecture

LR: Mr Brian Walters QC, Ms Deborah Glass OBE, Victorian Ombudsman, Prof Marilyn Pittard, Associate Dean (International and Engagement), Rev Tim Costello AO, CEO World Vision Audstralia

Ms Deborah Glass OBE (Victorian Ombudsman and Law alumna) gave the annual Costello Lecture address in the Faculty’s 50^th anniversary year, reflecting on fairness and the role of her office in ensuring fairness for the community.

Read more or watch the Costello Lecture address

Monash and Harvard Law School collaborate on new subject

In an exciting new initiative, the Monash Law Faculty will be offering the subject Copyright X: Monash in conjunction with the Harvard Law School. This innovative collaboration begins in January 2015 as an elective for JD and Masters students. Read more

The lasting legacy of Lawrie McCredie

A new book has been published about the extraordinary life of Lawrie McCredie CBE AM, who served for more than 30 years in the Faculty of Law.

Proceeds from the sale of Blind Optimist: The Life of Lawrie McCredie CEB, AM will go to the Faculty’s Lawrie McCredie Student Support Program. Read more

Faculty welcomes Distinguished Jurist in Residence and launches new Distinguished Professional in Residence Program

The Hon Peter Gray AM

The Faculty warmly welcomes Professor the Honourable Peter Gray AM, retired judge of the Federal Court of Australia, as the Distinguished Jurist in Residence.

The Faculty has also launched a Distinguished Professional in Residence Program. Read more

New professional mentoring program for Juris Doctor students

A new professional mentoring program has proven a great success in providing JD students with greater insights into the legal profession and valuable networking opportunities.

Want to become a mentor? Get involved by contacting the Juris Doctor Law Students' Society at jd.mentoring@monashlss.com

Read more

Dr Becky Batagol honoured for outstanding contribution to student learning

Dr Becky Batagol

Dr Becky Batagol was one of four Monash staff recognised by the Federal Government’s Office for Learning and Teaching (OLT) at the recent Victorian Australian Awards for University Teaching.

Dr Batagol was awarded a Citation for Outstanding Contributions to Student Learning. Read more

Law alumnus appointed Australia Day Ambassador

Monash Law alumnus and barrister William Lye has been appointed an Australia Day Ambassador for 2015.

Monash JD student, Kathy Milne, won first prize in the Connecting with Law short film competition. Her film explored the topical issue of the ethics of using social media as a lawyer.

Conference puts Victoria’s Human Rights Charter in the spotlight

The Monash Law Faculty in collaboration with the Supreme Court of Victoria, Judicial College of Victoria, Victoria Law Foundation and the Human Rights Law Centre held a two day conference examining the development of human rights law in Victoria - Human Rights Under the Charter: The Development of Human Rights Law in Victoria.

The conference was held on 7-8 August 2014 at the Supreme Court of Victoria and the Monash University Law Chambers.

This was the first international conference to present a thorough judicial and academic analysis of Victoria’s human rights jurisprudence and marked a significant milestone in the development of this jurisprudence.

Keynote speakers included the Honourable Sir Anthony Mason AC KBE CBE QC and the Honourable Chief Justice Marilyn Warren AC.

Watch videos from the presentations

Monash dominates national law student essay competition

Monash law students have won first, second and tied third prize in the Australian Law Students' Association’s National Essay competition 2014. Read more

Welcome to our newest graduates

L-R: Associate Prof David Lindsay, Ainee Adam, Prof HP Lee

Our most recent Law graduates were welcomed to the Monash Law alumni community at a Graduation Ceremony held on 24 October. Ms Louise Johnson, CEO of the Victorian Assisted Reproductive Treatment Authority and a Law alumna, delivered the alumni address.

October 2014 graduates, we wish you all the very best for the future and encourage you to stay in touch with us by keeping your contact details updated.

Expert legal commentary: Liability To Investors For Negligent Credit Ratings

Professor Rowan Russell Adjunct Professor, Faculty of Law, Monash University

Traditionally: no liability for rating agencies

One cause of the global financial crisis was the failure of complicated derivative products based on “unsafe” home loans principally in the USA but also elsewhere. These products were often marketed with the benefit of an AAA rating by one of the major rating agencies. In many cases, upon a post facto review, these ratings were issued negligently. Can rating agencies, which issued these ratings, be liable to investors?

Expert legal commentary: The TIPP method for negotiating with difficult people

George H. Golvan QC Bjuris 1968, LLB 1970

“Never get angry. Never make a threat. Reason with people.”: Don Vito Corleone – The Godfather.

I propose a useful acronym, which I call TIPP, which identifies, in my opinion, the most important strategies to remember when negotiating with difficult people.

The goal is to try to shift a difficult negotiator from an aggressive competitive approach to a rational problem solving approach.

TIPP stands for: Time, Interests, Persuasion and Persistence.

Professor Bob Baxt AO Emeritus Partner at Herbert Smith Freehills and former Dean of the Monash Law Faculty (1980-88)

When the Australian Parliament enacted s 51AA Trade Practices Act 1974 (Cth) (the TPA), and introduced a remedy based on ‘unconscionable conduct’, it was felt by many that Parliament was merely creating a statutory regime to parallel the approach taken by the courts. The High Court of Australia had seemed to adequately sum up the common law approach to unconscionable conduct in Commercial Bank of Australia Limited v Amadio (1983) 151 CLR 447.

Monash Law academics in the media

Our Monash Law Faculty academics have been consistently contributing to topical legal discussions.

To find out more, visit our website.

Celebrating alumni achievements

Queen’s Birthday Honours

We wish to congratulate the following alumni and former staff for their Queen’s Birthday Honours, recognising their significant contributions to Australian society:

Mr Rowland Ball, Medal of the Order of Australia (OAM)
(Former senior lecturer, Monash Law Faculty)
Honour received for service to the law, to tertiary education, and to professional organisations.

Dr Lesley Boston, Officer of the Order of Australia (AO)
(Hon LLD 2014)
Honour received for distinguished service to education as an advocate for improved opportunities for young women, to innovative and best practice pedagogy, and to professional development.

Dr Megan Clark, Companion of the Order of Australia (AC)
(Hon LLD 2013)
Honour received for eminent service to scientific research and development through fostering innovation, to science administration through strategic leadership roles, and to the development of public policy for technological sciences.

For more alumni achievements visit the alumni section of our website.

Faculty staff news

New appointments
The Faculty is delighted to announce the following new academic appointments:

Dr Kate Seear, (Academic Director, Springvale Monash Legal Service and Senior Lecturer)
Janina Boughey (Lecturer)
Dr Deborah Whitehall (Lecturer)
Lisa Burton (Lecturer)
Dr Weiping He (Lecturer)
Sangeetha Pillai (Lecturer)

Promotions
The Faculty is also very pleased to announce the following promotions:

Matthew Groves (Professor)
Tania Penovic (Senior Lecturer)
Dr Lisa Spagnolo (Senior Lecturer)

25 Years of Service to Monash University by Law Staff

Three Monash Law Faculty staff members were recognised and awarded medals at the University’s 25 Year Service Award ceremony held on 10 July 2014:

SACS Leadership Awards

Congratulations to Professor Sarah Joseph who was awarded the SACS Leadership Award for the category of Executive Not for Profit. Professor Joseph was awarded $7,500 from SACS Consulting, as the winner in this category, to be put towards fostering the development of Leadership.

Professor Sarah Joseph with her SACS Leadership Award cheque

Stay connected and get involved

We provide a range of opportunities for alumni to remain engaged and for the legal industry to become involved with the Monash Law Faculty.

For more information, visit the alumni section of our website or contact our Alumni Relations Manager Elana Pose.

June 18, 2014

Dean’s Message

Dean, Monash Law Faculty,
Professor Bryan Horrigan

Welcome to the second edition of The Monash Law e-Briefing. We are now well into our 50th anniversary year. It continues to be another successful year for the Monash Law Faculty community. We share our recent collective achievements and developments with you in this edition.

As June 28th approaches, we are very much looking forward to you joining us for our 50th Anniversary Gala Dinner at the Grand Hyatt in Melbourne. This event promises to be the highlight of our celebrations!

Our Expert Legal Commentary section is a key feature of this publication. We hope you will find our highly topical thought leadership pieces insightful and useful in your professional work. In this edition we feature the following timely contributions:

Academic Opportunities, Monash Law Faculty

Job No.	525086
Faculty / Portfolio:	Monash Law Faculty
Location:	Clayton Campus
Employment Type:	Full-Time
Duration:	Continuing positions
Remuneration:	Level B: $98,108 - $116,506 pa Level C: $120,181 - $138,578 pa Level D: $144,712 - $159,423 pa (includes 17% employer superannuation)

Globally recognised as one of the world’s best Law Faculties
Educate and shape the brightest minds
Make your mark where it counts

At Monash, we want our research to change things for the better, our teaching to set us apart and our social justice agenda to make a global difference. To continue achieving these objectives, we need people who see a brighter future as more than just a possibility.

To attract excellent people we know we need to offer excellent benefits and conditions. That's why when you join Monash, you'll join a workplace where fairness and flexibility are standards, not afterthoughts. We offer a variety of professional development opportunities, support for research, generous maternity/parental leave and work arrangements that acknowledge one size doesn't fit all.

Excitement is building with our upcoming 50th Anniversary Gala Dinner, to be held at the Grand Hyatt, Melbourne on Saturday 28 June 2014.

The event promises to be a highly memorable and special evening to celebrate the Faculty's 50th anniversary year. With special guests, a three-course meal and drinks, live music, the launch of the Faculty's History Book, a live auction and some surprises, the evening will be fun-filled!

See further details about the Gala Dinner.

We look forward to you joining us for a night to remember.

50th Anniversary: Celebration with Monash Alumni in Hong Kong

The Honourable
Dr Peter Costello AC

“The best law schools in the world have meaningful relationships with their alumni at home and abroad,” Professor Bryan Horrigan, Dean of the Monash Law Faculty said.

More than 60 people attended a Monash alumni dinner in Hong Kong in April with the Vice-Chancellor and President, and the Dean of Law, amongst many other prominent guests.

The dinner celebrated the Monash Law Faculty’s 50th anniversary and laid the foundations for some key local fundraising initiatives. Guests in attendance were alumni from the region, who occupy high level positions in government, business and law including judges, law firm partners, CEOs and other senior professionals.

This dinner was generously hosted by Monash Law alumnus and Group Chief Executive of Dairy Farm International, Mr Graham Allan and his wife Judy and we thank Mr and Mrs Allan for their kind and generous support in hosting this special event.

Left to right: Professor H P Lee, the Dean,
the Honourable Chief Justice Marilyn
Warren AC, the Honourable
Michael Black AC,
Professor Marilyn Pittard.

In our 50th anniversary year, the Faculty was honoured to have the Honourable Chief Justice Marilyn Warren AC of the Supreme Court of Victoria deliver the Eleventh Fiat Justitia Lecture.

Held in March at the Monash University Law Chambers, the Chief Justice gave us an eloquent, enlightening and highly relevant presentation on ‘The Access to Justice Imperative: Rights, Rationalisation or Resolution?’ with a speech entitled ‘How has the legal field and market changed?’.

This landmark address has already attracted considerable national publicity and we encourage you to view the presentation online.

Mr Sam Whitney, Mr Tim Rankin,
Ms Elizabeth King, the Honourable
Justice Christine Thornton,
Associate Professor Adam McBeth,
the Honourable Professor Nahum Mushin,
Ms Catherine Dunlop, Associate Professor
Paula Gerber, Mr Richard Attiwill QC,
Ms Melinda Scaringi,
Professor Marilyn Pittard.

Our annual Great Law Week Debate was recently held during National Law Week. This year, a team of prominent Monash Law alumni competed against a team of current Monash Law staff on the highly controversial topic “The more laws, the less justice” (Cicero).

The Monash Law alumni team, arguing the affirmative case, consisted of Mr Richard Attiwill QC (BA 1992, LLB(Hons) 1992), a Queen’s Counsel since 2013, followed by Ms Catherine Dunlop (BEc 1993, LLB 1995), a highly regarded Partner at Maddocks and a lifelong member of the Monash Association of Debaters (MAD), and as third speaker, Ms Elizabeth King (LLB 1994), a well renowned barrister and academic.

Student enrichment: Monash Law Faculty Arrangement with The University of Cambridge

The Dean and Professor Marilyn Pittard (Associate Dean of International and Engagement) are very pleased to announce a new Monash-Cambridge Degree pathway opportunity.

Outstanding Monash Law Faculty Bachelor of Laws (LLB) and Juris Doctor (JD) students now have a pathway opportunity to study one of the following postgraduate Cambridge University Law degrees:

Master of Law (LLM) or
Masters Degree in Corporate Law (MCL) programs

Eligible students can use successful completion of their Cambridge Law degree as credit towards their Monash LLB or JD degree.

Upon successful completion of either of these programs at Cambridge, students will receive an LLB or a JD from Monash and either an LLM or an MCL from Cambridge.

Student enrichment: Oxford Law Dean’s visit to MULC

We were delighted to recently welcome the Dean of Law from The University of Oxford, Professor Timothy Endicott, to address students at our Monash University Law Chambers. This event was chaired by the Associate Dean, International and Engagement, Professor Marilyn Pittard.

Professor Endicott gave an informative insight into the study of Law at Oxford, ably assisted by Monash Law alumni, Dr Oren Bigos, barrister at The Victorian Bar, and Ms Jillian Williams, Associate at Norton Rose Fulbright, who have both undertaken postgraduate law studies at Oxford.

Our Dean, Professor Bryan Horrigan, also announced a new scholarship for Monash students to support and facilitate postgraduate study opportunities at Oxford and Cambridge.

To read more about the Monash Law Faculty’s arrangement with Oxford, please visit our website and watch our video of Ms Amelia Hughes, a Monash Law alumna who is currently studying a BCL at Oxford University.

Student enrichment: Pilot Clinic with the Supreme Court of Victoria to start in 2015

At the recent 2014 Fiat Justitia Lecture, the Honourable Chief Justice Marilyn Warren AC of the Supreme Court of Victoria publicly announced a new and exciting initiative between the Faculty and the Supreme Court of Victoria – a pilot student clinic program which will commence in 2015.

This program is intended to provide Law students with a range of clinical contacts with judges in different areas of judicial work.

We will keep you updated on further details about this pilot clinic as it unfolds.

Student enrichment: Professor Frank Bloch - Inaugural Visiting Fellow of the Susan Campbell Memorial Fund

The Faculty recently hosted Professor Frank Bloch as the inaugural Visiting Fellow under the Susan Campbell Memorial Fund.

Professor Frank Bloch

Professor Bloch is an internationally renowned expert on clinical legal education, legal aid, social security, disability and other public benefit programs. He is Professor of Law Emeritus at Vanderbilt University Law School in Nashville, Tennessee, where he served as Director of Clinical Education and as Director of the Social Justice Program. Professor Bloch is a leader in the international clinical legal education movement and one of the founding members of the Global Alliance for Justice Education where he currently serves as Executive Secretary. (For a more complete biography, please visit our website.)

As part of our career support program, the Monash Law Faculty piloted a day-long ‘Clerkship Masterclass’ for high achieving students about to start summer clerkships at law firms.

Our librarians assisted students in honing their practical legal research skills. Senior practitioners from the legal profession were also invited to share their insights, strategies and tips on working in a law firm. Monash Law alumni, Ms Nancy Collins and Ms Meagan Grose from Arnold Bloch Leibler, presented on Memo Writing, and Ms Jade Rowarth, a partner at Maddocks and a Monash Law alumna, outlined the nature of her work in mergers and acquisitions in her presentation: Getting the Deal Done.

Associate Professor
Kathy Laster, guest speaker
the Honourable Justice Kevin Bell,
and the 2014 Monash Law Faculty’s
High Achievers.

The 2014 Maddocks High Achievers Program began with a dinner at the offices of our sponsor, Maddocks, in March. The top 25 fourth-year LLB students and top 10 second-year JD students are selected each year to participate in this enrichment program.

The Honourable Justice Kevin Bell was the distinguished speaker. His Honour spoke of his experiences in practice, at the Bar, and eventually on the bench. Human rights and reconciliation through amendments to the Constitution provided a stirring call to legal arms for this talented group of future leaders in the legal community.

Also part of the Maddocks High Achievers Program in Semester 1 is the ‘Greet the Greats’ Program. Students are given the chance to meet distinguished members of the legal profession informally, in small groups, to gain valuable insight into what makes for a successful career in the law. We are grateful for the involvement of the following ‘Greats’ this year, including Supreme Court Justice the Honourable Justice Lex Lasry, barrister Dr Bryan Keon-Cohen AM QC and Victorian Government Solicitor Mr Peter Stewart, who all shared their knowledge and experience of professional life with our students.

Thank you to Maddocks for its sponsorship of this valuable program and to Associate Professor Kathy Laster who is responsible for running this program.

Student enrichment: Warwick-Monash Collaborative Moot

In February this year, the first Monash Warwick Alliance International Collaborative Moot was held with three Law students from Monash University and three Law students from the University of Warwick. Each team included a mix of students from both Universities and students prepared for the moot online with their international team members. Monash Law students arrived in Warwick a few days prior to the moot to complete preparations in person. As part of this trip, students visited the London office of international law firm Baker & McKenzie and spoke to high school students about Law.

“These collaborative skills will be especially valuable given the current environment of law firm globalisation through mergers and alliances”, said Mr Tim Rankin, President of the Monash Law Students’ Society.

Watch a video about the Monash Warwick moot or read more.

Student enrichment: Inaugural Monash-Warwick Virtual Honours Conference links Law students in the UK and Australia

The Monash-Warwick global alliance continues to go from strength to strength. Early in 2014 students from the University of Warwick and Monash University were connected via video link to present research findings to their international peers.

Monash Research Practicum student,
Mr Shea Wilding, presents to students
from Monash University and
the University of Warwick.

Monash Research Practicum students presented their findings on topics such as the proposed expansion of Auditor General powers and how the law of procedural fairness applies to Royal Commissions and other executive inquiries. Warwick Honours students shared their summer research findings on topics such as trustee remuneration in the charity sector and legal interventions for anorexia nervosa sufferers.

Connecting two Universities on opposite sides of the globe presented some challenges – with Warwick linking in at 8am their time (after breakfast), and the Monash presentations starting at 7pm Melbourne time (after dinner).

With the success of this inaugural event, both Universities look forward to an annual virtual conference and other opportunities to share knowledge and the experiences of studying law internationally.

Thank you to Associate Professor Kathy Laster for her key role in organising this virtual conference. Associate Professor Laster is responsible for the Monash Research Practicum program.

Student enrichment: Law student’s involvement in New Colombo Plan in Tokyo

A current Law student, Mr Shojeeb Alam (also studying Japanese) took part in the launch of the Australian Government’s New Colombo Plan in Tokyo. The intention of the $100 million Plan is to build closer relationships with Australia’s Indo-Pacific neighbours by enabling students to study abroad and gain an understanding of other cultures and ways of living. A pilot phase will occur in 2014 with more than 700 students undertaking programs in Hong Kong, Japan, Singapore and Indonesia.

Read more here and here and watch a video of Mr Shojeeb Alam’s speech.

Celebrating achievement: Monash Law Team wins Silver at International Mediation Competition in Paris

Ms Tessa Sullivan
(postgraduate student),
Ms Naomi Burstyner (coach),
Ms Wendy Gaddie (coach),
Ms Jemima Roe
(undergraduate student),
Ms Julia Larner
(postgraduate student)
and Ms Joanne Paul
(postgraduate student)

For the first time, a Monash Law Faculty team entered and participated in the prestigious International Chamber of Commerce (ICC) Mediation Competition held in Paris in February this year.

The Monash team came second, winning silver, from a field of 66 teams and 500 participants. The team received three trophies and won two special awards – one for best Mediation Plan and the other for best Advocacy. Accolades from both Judges and spectators were also received.

Celebrating achievement: 2014 Undergraduate and Postgraduate Prize Ceremonies

With the growth in our student numbers of late, the Faculty this year held two Prize giving ceremonies to enable greater family attendance at both events.

Our Postgraduate Prize Ceremony was held in March and we were delighted to have an address by the Honourable Justice James Elliott, as a Supreme Court Judge and Monash Law alumnus.

Postgraduate Prize Ceremony,
post-Ceremony reception

Mr Bennett’s presentation to delegates
from Indonesian universities,
CSOs, DPOs, National Board
of Legal Development and
the National Planning and
Development Agency.

In early May 2014, two representatives from Monash’s Family Law Assistance Program (FLAP) were invited to participate in a series of strategy meetings in Indonesia aimed at strengthening services provided by Professional Practice courses and university legal aid clinics to justice seekers. Mr Malcolm Bennett (Principal Lawyer and Monash lecturer) and Ms Jennifer Lindstrom (Lawyer and Program Administrator) were invited to represent the Monash Law Faculty along with other delegates, including deans and lecturers from Law faculties around Indonesia.

As part of these meetings, Mr Bennett and Ms Lindstrom presented papers on the operations of FLAP which dealt with matters such as preparing students for participation in clinics, maintaining quality of service and data collection.

Celebrating achievement: Monash debaters took part in historical Wiley College Exhibition Debate in Texas

A team from the Monash Association of Debaters (MAD) was recently invited and funded to travel to Texas, USA to take part in an exhibition debate against ‘The Great Debaters’ of Wiley College - a fierce debating competitor with a strong presence in debating history.

The Wiley College debating team played a significant role fighting racial discrimination and segregation during the civil rights movement. In 1935, the Wiley College debating team was unable to participate in the USA national debating championship competition due to harsh segregation laws. However, they braved discrimination and participated in an exhibition debate against an all-white University of Southern California team who were the reigning national champions at the time. The African American underdog team successfully defeated the reigning champions. This historical debate took place before an audience of eleven hundred people and was later depicted in the 2007 period film The Great Debaters, starring Denzel Washington, who portrayed the team's then-coach Professor Melvin Tolson.

Mr Stephen Moore,
Ms Nicole Franklin
and Ms Priya Wakhlu

Monash Law students Ms Nicole Franklin, Mr Stephen Moore and Ms Priya Wakhlu have found success at the Foreign Direct Investment International Arbitral Moot Competition in Frankfurt, Germany.

The Foreign Direct Investment International Arbitral Moot focuses on investor-state arbitration, and is designed to give students experience in this rapidly developing area of law. Preparation for the competition involved developing a strong understanding of public international law, foreign investment law and evidentiary and procedural norms. This knowledge was advanced through both written submissions prior to the competition, and oral submissions in Frankfurt.

Celebrating achievement: Farewell Ms Janet White and Welcome Ms Kerrie Weippert-Rowe as Faculty General Manager

The Faculty recently farewelled former Faculty Manager, Ms Janet White, who retired after a cumulative seven years in this role, split over two periods of service in the last decade.

Ms White made a significant contribution to the Monash Law Faculty and its wider community through her dedication, tireless work and mission to assist with the Law Faculty’s ongoing success. For instance, Ms White had a key role in the relocation, design and refurbishment of the Monash University Law Chambers (MULC) at 555 Lonsdale Street, Melbourne which opened in 2011. MULC has already proven to be a highly regarded premises for postgraduate teaching, Faculty internal and external events and as a venue for external use and hire.

Celebrating achievement: Law alumni and Faculty staff successes

The Monash Law Faculty wishes to congratulate, recognise and celebrate the following Law alumni and Faculty academic staff on their recent and varied career achievements.

Law Alumna Ms Deborah Glass OBE appointed new Victorian Ombudsman

Ms Deborah Glass OBE

Ms Deborah Glass OBE was appointed as the new Victorian Ombudsman in March this year for a term of 10 years. She is the first female to be appointed to this role in the 41 years of its existence.

Ms Glass comes to this position from her previous 10 year term at the Independent Police Complaints Commission (IPCC) of England and Wales, where she was Deputy Chair since 2008. Ms Glass was also the IPCC Commissioner for London and during this period she was responsible for many high profile misconduct and criminal investigations. She was awarded an OBE for services to the IPCC in the New Year Honours List 2012.

After practising as a lawyer in Melbourne and working at Citicorp Investment Bank in Switzerland, Ms Glass was appointed to the Hong Kong Securities and Investment Commission in 1989 when the Commission was established. Ms Glass later became the Senior Director and had a key role in improving the standards for the Hong Kong investment management industry.

In 1998, Ms Glass held the position of Chief Executive of the Investment Management Regulatory Organisation in London, a self-regulatory body, and oversaw its merge into the Financial Services Authority.

Ms Glass was then appointed to the UK Police Complaints Authority in 2000 until joining the IPCC.

Victoria’s first Mental Health Complaints Commissioner

Ms Lynne Coulson Barr, a current doctoral candidate in the Faculty of Law, has been appointed Victoria’s first Mental Health Complaints Commissioner. See details of the new role. Ms Barr is currently enrolled in a Doctor of Juridical Science (SJD) program under the supervision of Associate Professor Bronwyn Naylor. Her research concerns the efficacy of decision making on the suitability of disputes for statutory conciliation.

In 2013, Ms Barr was awarded a Weinstein International Fellowship from the JAMS Foundation in the United States to undertake a study of alternative dispute resolution practices, one of only 12 people selected from around the world.

Ms Barr will apply the insights gained from this study tour, together with the findings from her current doctoral research on conciliation, to develop specialist approaches to complaint resolution in the mental health sector, with a focus on promoting effective access and outcomes for people with mental illness and their families.

Research focus: Regulating International Marriage Migration

By Professor Susan Kneebone

Professor Susan Kneebone

Legal responses to human trafficking often conform to the adage that ‘men migrate, but women are trafficked’. But in our region, South East Asia, international marriage migration, which involves the movement of women, is emerging as a crucial example of the ‘feminisation’ of intra-regional migration and as a development strategy. The main destination states for marriage migrants from Cambodia and Vietnam are South Korea, China and Taiwan. For example, between 1987, when martial law was lifted, and 2008 it is estimated that 386,329 foreign women registered their marriages in Taiwan[1]. In 2005 it was reported that almost 14 percent of marriages in South Korea involved a foreign spouse[2]. Often the legal responses of states to international marriage migration involve conflating the issues with exploitation and human trafficking. For example in 2008 the Cambodian Government issued a temporary ban on all foreign marriages amid concerns over the increase in number of commercial marriage brokers springing up to facilitate demands in marriage migration to East Asia. Specifically, the ban followed as a result of findings published in a report issued by an International Organisation that examined vulnerabilities to human trafficking and other forms of exploitation faced by women who engaged or were recruited by commercial marriage agencies for prospective Korean grooms. The ban was subsequently lifted and then reinstated. Nevertheless, the number of marriages between Korean nationals and Cambodian brides continued to increase. These responses and perceptions in turn impact upon how ‘foreign brides’ are received in Australia where there is a tendency to ‘problematise’ these arrangements as ‘forced’ or ‘servile’ marriage.

Expert legal commentary: Hong Kong’s Emergence as a Centre of Transnational Arbitration

By Mr Malcolm Chin, Partner, Minter Ellison, Hong Kong

Mr Malcolm Chin

Since the end of the Second World War, arbitration, given impetus by international conventions, has evolved into the leading method of resolving complex cross-border or transnational disputes. As a result arbitration has become something of a growth industry, with jurisdictions increasingly vying with each other to promote their own arbitration regimes to the international community.

Traditionally European centres such as London and Stockholm have been at the forefront of this movement but now cities in Asia have joined them. While for example Seoul is making great strides, the two front runners remain Hong Kong and Singapore. By some measures Singapore is seen as having overtaken Hong Kong; for example it markets itself aggressively as leading the field in terms of the number of fully administered arbitrations it attracts. The Singapore International Arbitration Centre, SIAC, has certainly modelled itself to a degree on the doyen of institutional arbitration bodies the ICC – with, some suggest, a price tag to match. But there are other measures of success. One of Hong Kong's strengths, other than its large pool of experienced practitioners and acceptability to the PRC and foreign investors as the preferred neutral venue, is the flexibility which it offers.

Expert legal commentary: Reasonable Endeavours: Commercial Gains Trump Energy Supply Security in WA Domestic Gas Markets

By Ms Rowena Cantley-Smith

Ms Rowena Cantley-Smith

The contractual complexities of securing affordable energy supply in a partially privatised market have been revealed in a recent decision of the High Court of Australia, Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7. Against the backdrop of essential energy supply within the State of WA and no available alternative supply sources, the case considers the proper contractual construction and application of a supply clause (cl 3.3) in a long term gas sale agreement (GSA). This clause obliges Woodside Energy Ltd and Others (the Sellers) to use “reasonable endeavours” to supply quantities of supplemental gas to WA’s electricity generation and supply statutory corporation, Electricity Generation Corporation (t/as Verve Energy) (Verve).

Expert legal commentary: New Frontlines in Regulating Unconscionable, Unfair, and Bad Faith Business Conduct

By Professor Bryan Horrigan

Overview

Professor Bryan Horrigan

In the last few months since the inaugural edition of The Monash Law e-Briefing, developments have continued on multiple fronts in the regulation of unconscionable, unfair, and bad faith business conduct. The ACCC v Lux case reached its end point in the High Court. The ACCC announced proceedings against Coles for alleged unconscionable conduct towards suppliers. The ANZ bank fees case is heading to appeal. The Abbott Government finalised its panel and terms of reference for the much-publicised ‘root and branch’ review of competition law. The Government also released proposed legislation on new franchising reforms, including the introduction of an obligation of good faith in franchising agreements.

These regulatory and litigious developments are of topical interest to commercial and consumer lawyers, competition and financial regulators, and businesses of all kinds and their corporate counsel. They are also relevant for policy-makers and law-makers, public lobby groups and industry peak bodies, and academics and students who study commercial law, competition law, consumer law, franchising law, contract law, and equity.

Expert legal commentary: Clinical Legal Education and Legal Education Reform

By Professor Frank S. Bloch
Professor of Law Emeritus, Vanderbilt University School of Law
Executive Secretary, Global Alliance for Justice Education

Professor Frank Bloch

Legal education faces uncertain times, not only in Australia but around the world. This is due in part to the Global Financial Crisis, which has hit law schools on two fronts: severe budget pressures from their home universities and a shrinking demand for their graduates from the profession. But there are longer-existing uncertainties about the future of legal education resulting from a widening gap between the legal academy and the legal profession, as both institutions have become more distant from the societies they serve. How law schools respond to these challenges will dictate the course of legal education for generations to come.

Expert legal commentary: Monash Law Academics in the Media

Our Monash Law Faculty academics have been consistently contributing to topical legal discussions.

Commercial Law and Practice Seminars

The Faculty is very proud in its 50th anniversary year to be collaborating with both the Supreme Court and the Federal Court, together with other arms of the Victorian legal profession, in providing continuing professional education through a series of landmark seminars of topical relevance to commercial law and practice.

To that end, the Faculty's pre-existing involvement in the successful Commercial CPD Seminar Series continues this year under the chairmanship of Justice Clyde Croft from the Supreme Court of Victoria, with organising assistance from the Faculty and its Commercial Law Group, the Victorian Bar Association, the Law Institute of Victoria, and the Judicial College of Victoria.

The Faculty is also newly involved in a national seminar series on commercial matters within the jurisdiction of the Federal Court of Australia, in a collaboration between the Federal Court, the Commercial Bar Association of Victoria, and the Faculty and its Commercial Law Group.

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