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:

• Mr Malcolm Chin, Partner at Minter Ellison, Hong Kong, provides his insights on Hong Kong’s Emergence as a Centre of Transnational Arbitration;
• Ms Rowena Cantley-Smith comments on a recent High Court decision and the implications for use of ‘reasonable endeavours’ clauses in commercial contracts;
• Professor Frank Bloch discusses Clinical Legal Education and Legal Education Reform; and
• I provide an update on recent developments in the regulation of unconscionable, unfair, and bad faith business conduct.

Employment opportunities

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.

50th Anniversary Reminder: Gala Dinner – 28 June 2014

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.

50th Anniversary: Eleventh Fiat Justitia Lecture: The Honourable Chief Justice Marilyn Warren AC

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.

50th Anniversary: The Great Law Week Debate - "The more laws, the less justice" (Cicero)

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.

Read more.

Please also read about our dual JD degree with Washington College of Law, American University, Washington DC and our arrangement with Oxford University.

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.)

Student enrichment: Linking to Industry – Clerkship Masterclass

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.

Student enrichment: Maddocks Welcomes Students to High Achievers Program for 2014

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

Celebrating achievement: Family Law Assistance Program visited Indonesia with the Australia Indonesia Partnership for Justice

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.

Celebrating achievement: Foreign Direct Investment International Arbitral Moot Competition

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.