Dean’s message and invitation

Professor Bryan Horrigan

Welcome to this first edition of our new e-newsletter, The Monash Law e-Briefing. It is being launched in our Faculty’s 50th anniversary year. We hope that it keeps our alumni and the broader legal profession informed and connected with us and one another. Complementing our twice-yearly publication of Law Matters, The Monash Law e-Briefing is designed to be an accessible, regular, and useful briefing on Faculty matters and commentary of interest and relevance to you.

Now recognised as a truly global law faculty, we attract top students, provide first-rate opportunities, produce world-class research, and benefit from high-quality alumni, many of whom are well known as thought leaders and pioneers in their chosen professional careers throughout the world. In keeping with this societal outreach and track record after 50 years, The Monash Law e-Briefing aims to provide many things of value to you in your everyday work, engagement with us, and connections with others in professional life.

Let our 50th Anniversary celebrations begin!

From left: Chair, Monash Law School
Foundation, Ms Jane Hodder,
Vice Chancellor and President Professor
Ed Byrne AO and
Professor Bryan Horrigan

This year, the Faculty of Law celebrates its 50th anniversary. We look forward to welcoming many of you back to the Faculty to help us mark this momentous occasion. We will be holding several events throughout the year to celebrate.

The celebrations began late last year when Vice-Chancellor and President Professor Ed Byrne AO, together with Professor Bryan Horrigan, Dean, Faculty of Law and Ms Jane Hodder, Chair, Monash Law School Foundation welcomed distinguished guests and alumni to a cocktail reception to officially launch the 50th Anniversary Celebrations of the Faculty of Law in 2014.


Student enrichment: Increase in Monash Law Faculty’s mooting involvement with new mooting program

Given the highly competitive market for law firm clerkships, industry experience and job opportunities, the Faculty has adopted a new three-tiered strategy to enhance the advocacy and mooting skills and experiences of our Law students.

The three-tiered strategy involves (1) introducing advocacy skills into several core units to provide a minimum level of competency in advocacy for all students, (2) providing co-ordinated Faculty support for students to further develop their advocacy skills by continuing to offer elective units, such as Trial Practice and Advocacy, and supporting and incorporating the various competitions run by the Law Students Society into the Faculty’s advocacy program, and (3) providing opportunities for the best and most enthusiastic students to gain elite advocacy experience by participating in a range of national and international competitions (in addition to the Jessup and Vis Moots).

Student enrichment: John Bertrand Leadership Series

The Honourable RJL
Bob Hawke AC (middle)

A new initiative was launched last year to provide Monash students and alumni with unique high level leadership training and exposure. This will assist in producing the next generation of Australia’s legal, professional and community leaders.

Monash University ran the first of its new ‘John Bertrand Leadership Series: Explore the Essence of Leadership’ from July to October last year. The course combines academic leadership principles and hands-on learning with a speaker series.

Student enrichment: International study opportunity: Pathway for Monash JD students to Oxford postgraduate degrees

For an extra six months of full-time study, successful students will be awarded two degrees: the Monash JD and the BCL or Masters in Law and Finance from Oxford.

The Dean and Professor Marilyn Pittard (Associate Dean of International and Engagement) are very pleased to announce that the Oxford Law Faculty and the Monash Law Faculty have signed an agreement to provide a pathway enabling early entry for Monash Law JD students to study the Bachelor of Civil Law degree or the Masters in Law and Finance at Oxford University.

Alumni engagement: International Alumni Advisory Groups to the Dean

As part of the Faculty’s desire to deepen its engagement with the international alumni and legal industry community, the Dean travelled to Asia mid last year with Professor Edward Byrne (Vice-Chancellor and President), Mr Damien Farrell (Executive Director, External Relations, Development and Alumni) and Ms Nikkie Gazenbeek (Director, External Engagement). They met with a number of prominent legal and business leaders in the region and received an overwhelmingly warm and hospitable response from those with whom they met. They sensed a significant and genuine interest and enthusiasm to be involved with the Faculty from these representatives of the Monash Law alumni community in Hong Kong, Singapore and Malaysia.

Alumni engagement: The Great Sports Debate

From left: Mr Arthur Charlaftis,
GM Sales and Marketing
Operations REA Group,
Mr Peter Moore and
Professor Bryan Horrigan,
Dean of the Faculty of Law

Professor Bryan Horrigan was involved in a University-wide event late last year which promoted debating, acknowledged our dual Law and sports alumni and students, and raised awareness and support for a new University initiative. He chaired the Monash University Great Sports Debate at the Sofitel, Melbourne. This debate along with a dinner and the induction of two athletes into the Monash Sport Hall of Fame was a fundraising event to assist the University and Vice-Chancellor’s Professorial Fellow, Paul McNamee AM launch the Enhanced Elite Athletes Friendly Program.

The program is designed to supplement regular coaching and training to support Monash students who have the ability to compete at international level with their sporting endeavours by providing additional daily training under a technical director.

Celebrating achievement: Australia Day Honours

Australia Day Honours are well known as the highest honours a citizen can receive.

We wish to congratulate the following people with a connection to the Faculty of Law for their well-deserved Australia Day Honours recognising their significant contributions to Australian society.

Celebrating achievement: Monash University selected to participate in an international mediation competition in Paris

As you would be aware, our Faculty is always looking for opportunities to extend its reach and world class reputation. For the first time, Monash University (the Faculty of Law and the Australian Centre for Justice Innovation) has been selected to participate in the prestigious 9th Annual International Chamber of Commerce mediation competition to be held in Paris in February this year.

The competition involves teams from law and business schools from more than 40 countries taking part in mock mediation sessions (where participants act as lawyers for their clients), training programs and social events. The competition requires participants to apply their skills in managing conflict during the mediation of commercial disputes. Participants are judged by their ability to work collaboratively, maintain their client’s interests and negotiate the best settlement for their client.

Celebrating achievement: Alumnus appointed Justice of the High Court in Hong Kong

We recognise and appreciate the many significant professional achievements of our Law alumni community.

Monash Law alumnus and previous Director of Public Prosecutions in Hong Kong, The Honourable Mr Justice Kevin Zervos was appointed a Judge of the Court of First Instance of the High Court of Hong Kong, with effect from 16 September 2013.

Celebrating achievement: Honorary Graduand - Daw Aung San Suu Kyi

Doctor of Laws honoris causa:
Daw Aung San Suu Kyi

Our Faculty feels privileged to be involved in recognising world leaders and advocates for their important work and the Dean attended a milestone event in this regard late last year. 

On Saturday 30 November 2013, Dr Alan Finkel AM, the Chancellor of Monash University conferred a degree of Doctor of Laws honoris causa upon Daw Aung San Suu Kyi, Chairperson, National League for Democracy, Burma. Daw Suu Kyi is well known and greatly respected as an advocate for democracy, reconciliation, peace, non-violence and protection of human rights.

Celebrating achievement: Future Fellowship Award for Associate Professor Anne-Maree Farrell

Associate Professor
Anne-Maree Farrell

For the first time in its 50 year history, the Faculty of Law at Monash has received a Future Fellowship. Associate Professor Anne-Maree Farrell was one of only three recipients of the fellowship awarded to Law for her project: Regulating Human Body Parts: Principles, Institutions and Politics.

Advances in scientific research and technological innovation have led to a huge growth in the use of human body parts in research and medicine, whether on their own or as part of a range of technologies. Adopting a predominantly legal analysis, this project considers whether a common approach to regulating across a range of human body parts is desirable for the purposes of managing risk, promoting innovation and enhancing legitimacy. In line with such purposes, new regulatory models and strategies will be formulated which will make a significant contribution to theoretical development on the topic in health law and regulation, as well as Australian and international policy and practice in the field.

Research highlights

We are delighted that Faculty of Law academics have involvement in three new recently awarded Australian Research Council (ARC) Discovery Projects grants and a Future Fellowship. These nationally competitive awards support the highest-quality research leading to the discovery of new ideas and the advancement of knowledge, and are a testament to the creative abilities and skills of our researchers.

Discovery Projects provide funding for research projects that can be undertaken by individual researchers or research teams for up to three consecutive years.

Expert legal commentary: Melbourne as an Emerging Player in the Region: an Arbitrator Perspective

Mr Neil Kaplan
CBE QC SBS

By Neil Kaplan CBE QC SBS

It surprises me that with all the natural resources produced by Australia, the inevitable disputes that arise from trade of this nature often find themselves being dealt with in international arbitration outside of Australia. The question arises whether Australian corporations and their legal advisers are negotiating hard enough to keep the disputes within Australia. I accept that there may well be a geographic problem. But given the size of the business, the generally favourable law of arbitration throughout Australia, the Australian legal diaspora and the large number of eminent Australian arbitrators, it does seem strange that so many of these cases are dealt with outside Australia.

Expert legal commentary: Abbott Government’s ‘Root and Branch’ Review of Competition Law and Unconscionable Business Conduct

Professor Bryan Horrigan

By Professor Bryan Horrigan
Dean, Faculty of Law, Monash University

The Bottom Line
Unconscionable business conduct towards small business and consumers is a growth area for regulatory reform as well as ‘test case’ advice and litigation. So, what should the Abbott Government’s ‘root and branch’ review of competition law (‘“root and branch” review’) do with the regulation of unconscionable business conduct towards small business? The Government’s draft terms of reference for this review clearly signal that reforming business-to-business unconscionability and extending the ‘unfair contracts regime’ to small business are both clearly on the agenda of possible outcomes. These two areas of possible reform are linked, in ways outlined in this comment.

Expert legal commentary: Revised ASX Corporate Governance Principles and Recommendations

By Bruce Dyer, Partner and Corey Lewis, Special Counsel, Ashurst Australia

Mr Bruce Dyer

Mr Corey Lewis

The ASX Corporate Governance Council has undertaken consultation on a draft 3rd edition of its Principles and Recommendations, expected to come into effect for financial years commencing on and after 1 July 2014.  The Principles are important, and not just for ASX listed entities (which need to report whether they comply, and if not, why not).  The Principles are also adopted, formally or informally, by a wide range of other organisations. 

The changes in the 3rd edition include (for others see link (pdf, 273kb)):

Tenure and independence
Tenure of more than 9 years has been added as an indicator that a director may not be independent (which is relevant in determining whether there is a majority of independent directors, as recommended, on the board and certain committees).  This will not preclude such directors being treated as independent where appropriate, but is likely in practice to reduce the number of directors with longer tenure.  Whether this is desirable, given the consequential loss of experience and corporate memory it risks, is open to question.

Expert legal commentary: Mad Dogs and Tennis Players go out in the Midday Sun

Dr Eric Windholz

By Dr Eric Windholz
Lecturer, Faculty of Law, Monash University

On days when the Victorian Health Department issued Heat Health Alerts warning the extreme hot weather substantially increased the risk of heat-related illness and mortality, and outside work on Victorian construction sites ceased, the Australian Open Tennis Championships continued.

Players continued to play; umpires and lines people continued to officiate; ball kids continued to retrieve balls; the numerous employees, contractors and volunteers that make the Open possible continued doing their jobs; and the spectators continued to watch in the stadium.

The decision to continue play in temperatures that exceeded 41.5 degrees Celsius on four consecutive days (play only being halted temporarily on the fourth day) raises issues concerning the intersection of professional sports and occupational health and safety (OHS) law.

Read the full commentary on The Conversation where this article was first published.

Expert legal commentary: Children and human rights abuses: coming to an international stage?

Associate Professor
Paula Gerber

By Associate Professor Paula Gerber
Lecturer, Faculty of Law, Monash University

For the first time, children will soon be able to bring complaints of human rights violations to the United Nations. Although the UN’s Convention on the Rights of the Child has been in operation since 1990, there has not been a mechanism for children to bring a complaint that a government is breaching their rights until now.

This is in stark contrast to the UN’s other major human rights treaties, all of which have a process for people to bring allegations of human rights abuses.

In December 2011, the UN sought to rectify this omission by adopting an Optional Protocol to the convention. This sets up a system for children to bring a complaint to the committee, made up of 18 independent, international child rights experts. The Optional Protocol enters into force three months after the tenth country ratifies it and, on January 14, Costa Rica did just that.

Read the full commentary on The Conversation where this article was first published.

Upcoming events

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.

Professional know-how

Public Interest Law Careers Guide

The Public Interest Law Careers Guide (which was created with the assistance of the Castan Centre for Human Rights Law) may be of interest to you if you are looking for job opportunities in this field.

• Castan Centre Careers guide website

Further study

The Faculty of Law offers a number of options for further study of the law to assist you with your legal practise, to improve your understanding of a particular area of law, to further develop your research and writing skills or to assist you in completing the mandatory CPD requirements of legal practice.

Get involved

General

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

Current opportunities for your involvement include our Alumni-Student Mentoring Program, regular lectures and seminars (some with CPD accreditation available), and networking activities.

To find out more about these opportunities please visit our websites:

• Monash Alumni
• Alumni Student-Mentoring Program
• Monash Faculty of Law events

Research centres and groups

The Faculty of Law also has several internationally renowned dedicated research Centres and Groups with their own distinct area of expertise. These Centres and Groups run events and provide opportunities for alumni and legal industry involvement. Please visit the relevant websites below to find out more about the work of our Centres and Groups and their upcoming events.

• Castan Centre for Human Rights Law
• Australian Centre for Justice Innovation
• Commercial Law Group
• Centre for Regulatory Studies

Pathways to Oxford and Cambridge

Our relationships with the Law Schools at The University of Oxford and The University of Cambridge are strengthening and we are interested to hear from Monash Law alumni who may have had some experience of these institutions and who could assist interested Monash Law students to transition to these institutions for further study.