LAW4803 Clinical Placement Handbook - Monash University · Leap into Leadership Online Leap into...

T2 (Clinical Period 2) 2018 LAW4803 Clinical Placement Handbook| 1

Clinical Placement Handbook

LAW4803 Clinical Placement Handbook


1 Contents

1 Contents .................................................................................................................................. 3

2 Welcome & Professional Development .................................................................................... 7

3 Debriefing ................................................................................................................................ 9

4 Carlton & United Breweries (CUB) Clinic ............................................................................... 10

4.1 Synopsis ........................................................................................................................ 10

4.2 Assessment Summary ................................................................................................... 11

4.3 Assessment Requirements ............................................................................................ 11

4.4 Marking Rubrics. ............................................................................................................ 12

4.5 Assessment Task 1: Self-assessment process .............................................................. 13

4.6 Mid Program Review – Student Self-Evaluation ............................................................. 13

4.7 Assessment Task 2: Research Paper ............................................................................ 15

4.8 Final Assessment Form Carlton & United Breweries (CUB) .......................................... 17

5 Crowd & Co ........................................................................................................................... 18

5.1 Synopsis ........................................................................................................................ 18



5.4 Marking Rubrics. ............................................................................................................ 20




5.8 Final Assessment Form Crowd & Co ............................................................................. 25

6 Family Violence Clinic ............................................................................................................ 26

6.1 Synopsis ........................................................................................................................ 26



6.4 Marking Rubrics. ............................................................................................................ 28




6.8 Final Assessment Form Family Violence ...................................................................... 33

7 Human Rights Clinic .............................................................................................................. 34

7.1 Synopsis ........................................................................................................................ 34



7.4 Marking Rubrics. ............................................................................................................ 36





7.8 Final Assessment Form Human Rights Clinic ................................................................ 41

8 JobWatch Clinic ..................................................................................................................... 42

8.1 Synopsis ........................................................................................................................ 42



8.4 Marking Rubrics. ............................................................................................................ 44




8.8 Final Assessment Form JobWatch Clinic ....................................................................... 49

9 King & Wood Mallesons ......................................................................................................... 50

9.1 Synopsis ........................................................................................................................ 50



9.4 Marking Rubrics. ............................................................................................................ 52




9.8 Final Assessment Form King & Wood Mallesons Clinic ................................................ 57

10 SECASA/ SMLS Joint Sexual Assault Clinic ...................................................................... 58

10.1 Synopsis ........................................................................................................................ 58



10.4 Marking Rubrics ............................................................................................................. 60



10.8 Final Assessment Form SECASA/ SMLS Joint Sexual Assault Clinic ............................ 65

11 Slater & Gordon ................................................................................................................. 66

11.1 Synopsis ........................................................................................................................ 66



11.4 Marking Rubrics. ............................................................................................................ 69





11.8 Final Assessment Form Slater & Gordon ....................................................................... 74

12 Stary, Norton, Halphen ...................................................................................................... 75

12.1 Synopsis ........................................................................................................................ 75



12.4 Marking Rubrics. ............................................................................................................ 77




12.8 Final Assessment Form Stary Norton Halphen .............................................................. 82

13 Supreme / County Court Of Victoria Clinic ......................................................................... 83

13.1 Synopsis ........................................................................................................................ 83

13.2 Selection ........................................................................................................................ 84

13.3 Overview ........................................................................................................................ 85

13.4 Recommended Resources............................................................................................. 86

13.5 Marking Rubrics. ............................................................................................................ 87

13.6 Submission Of Assignment ............................................................................................ 90

14 The Public Transport Ombudsman .................................................................................... 95

14.1 Synopsis ........................................................................................................................ 95



14.4 Marking Rubrics. ............................................................................................................ 97



14.7 Assessment Task 2: Research Paper .......................................................................... 100

14.8 Final Assessment Form The Public Transport Ombudsman ........................................ 102

15 Transport for Victoria ....................................................................................................... 103

15.1 Synopsis ...................................................................................................................... 103

15.2 Assessment Summary ................................................................................................. 104

15.3 Assessment Requirements .......................................................................................... 104

15.4 Marking Rubrics. .......................................................................................................... 105

15.5 Assessment Task 1: Self-assessment process ............................................................ 106

15.6 Mid Program Review – Student Self-Evaluation ........................................................... 106


15.8 Final Assessment Form Transport for Victoria ............................................................. 110

16 Victoria Legal Aid ............................................................................................................ 111


16.1 Synopsis ...................................................................................................................... 111

16.2 Assessment Summary ................................................................................................. 112

16.3 Assessment Requirements .......................................................................................... 112

16.4 Marking Rubrics ........................................................................................................... 113

16.5 Assessment Task 1: Self-assessment process ............................................................ 114

16.6 Mid Program Review – Student Self-Evaluation ........................................................... 114


16.8 Final Assessment Form Victoria Legal Aid ................................................................... 118


2 Welcome & Professional Development

Congratulations on securing a place in LAW 4808, a Clinical Placement unit designed to provide you with practical work experience in a legal setting which gives you an employability edge. In addition to creating new skills, connecting with legal professionals and contributing to important work in the Law, this unit provides you the opportunity to test your expectations and interest in a career as a legal professional. We encourage you to leverage the potential of this unique opportunity by remembering some important tips, which include:

approach your host employer with a can-do and professional attitude

be on time, dress professionally and deliver on what you say you will do

record examples of the scenarios in which you are developing skills whilst on clinical placement - these will be important to recall when applying for graduate positions

be open to learning, being challenged and professional growth - reflect on this, even keep a journal!

Monash is committed to ensuring you maximise the value of your Clinical Placement and has resources and support available at Career Connect.

Best wishes and good luck! Lloyd England, Chief Examiner LAW4802, 2018

Leap into Leadership Online

Leap into Leadership Online is a suite of 12 free modules to develop your employability and leadership skills at your own pace. It's available for all current Monash students, any time - so you can complete as many modules as you like, at any stage of your studies. Each module is practical, straightforward and fun, and takes about one to two hours to complete. There are no formal assessments to hand in, and you'll earn a certificate for each module.

Below is a customised recommendation of 5 Leap into Leadership Online modules that will give you practical and relevant strategies to prepare for or enhance your legal Clinical Placement during LAW4803 – and kickstart your Clinical Placment in the right direction.

Professionalism & Career Skills: Thrive in the World of Work

Preparing for your career and entering a new workplace can be daunting - but how can you prepare to make the best impression, not only on day one but throughout your entire career? Understanding how to become more professional can help you to thrive in the world of work. In this module, you’ll identify essential skills and competencies for contemporary workplaces, and consider how workplace rules, rights, ethics and values impact you. This module will give you the opportunity to understand how to participate effectively, professionally, and responsibly in the workplace.

This module will offer you the opportunity to:

1. Appreciate the nature and importance of professionalism;

2. Identify essential skills and competencies for contemporary workplaces;

3. Recognise workplace rules, rights, ethics and cultures;

4. Understand how to participate effectively, professionally, and responsibly in the workplace; and

5. Apply professional behaviours and standards to a practical scenario.

Be aware of your professional skills and polish your approach whilst our on legal Clinical Externship LAW4803:

Professionalism & Career Skills: Thrive in the World of Work

Personal Brand: Stand Out From The Crowd

In today’s marketplace it’s tough to stand out. Good grades and lots of extracurricular activities won’t guarantee that you’ll land the job of your dreams, or that you’ll even land the interview. As an aspiring leader with ideas and energy to share, you need to create career marketing tools that will make the true you shine and leave recruiters wanting more. It all starts with building your personal brand.

This module will help you to:

1. Identify your strengths, weaknesses, values, passions and purpose;

2. Define your brand in a personal branding statement; and

3. Recognise the most effective ways to communicate your brand online.

Be aware of your personal brand and how you are perceived during your legal Clinical Externship LAW4803:

https://www.monash.edu/career-connect

https://moodle.vle.monash.edu/course/view.php?id=43271&section=9

https://moodle.vle.monash.edu/course/view.php?id=33194



Personal Brand: Stand Out From The Crowd

Time Management and Prioritisation: Be Organised and Efficient

Everyone has the same number of hours in a day - but have you ever wondered how some people manage to fit so many things in and achieve so much? Time management enables people to complete set goals and manage projects, and also helps to create balance in our lives and reduce stress.


1. Understand what time management is and why it is important;

2. Identify ways to improve your focus and concentration;

3. Recognise distractions and techniques to avoid them; and

4. Evaluate effective methods of prioritisation and delegation.

Work on your Time Management and prioritisation skills during your legal Clinical Externship LAW4803:

Time Management and Prioritisation: Be Organised and Efficient

Connecting Across Cultures: Becoming a Global Citizen

We live in a globalised and interconnected world, and there’s never been a more important time to develop your understanding of intercultural competence. Learning more about cultural complexities, similarities and differences is critical for a twenty-first century leader. Whether you’re studying at Monash, holidaying overseas, on a student exchange program, or simply living day-to-day life in a multicultural society, this module will help you become a more effective and understanding member of our community.


1. Understand the importance of intercultural competence in a globalised world;

2. Distinguish culturally diverse worldviews and communication styles;

3. Recognise ‘culture shock’ and methods for responding to new cultural experiences;

4. Consider adapting your default approach to personal and professional interactions in response to cultural differences;

5. Apply intercultural competence to a global scenario.

Be culturally aware in the workplace and empowered during your legal Clincal Externship LAW4803:

Connecting Across Cultures: Becoming a Global Citizen

Goal Achievement: Strategies for Success

Do you want to achieve your best in work, study and life but aren't sure how to start? Have you thought about what you want to achieve today, next month or next year? Setting quality goals is a fundamental component to your short and long-term success. Understanding the importance of goal setting and knowing how to set good goals for yourself is crucial to accomplishing great things in your life.


1. Identify what goals are and their importance;

2. Write your own goal applying the SMART goal framework;

3. Compose a strategic plan for achieving your goal using the appropriate methods and tactics; and

4. Consider adapting your habits, beliefs and motivations to suit your goal.

Give yourself every chance of success on your legal Clinical Externship LAW4803:

Goal Achievement: Strategies for Success

Student Futures

Develop your employability edge with Student Futures – a Monash student resource to browse, track and reflect on your extracurricular activities and placement.

Reflect on your LAW4803 Clinical Placement experience and log your skills!

https://youtu.be/EONTA19LK_Q









https://www.monash.edu/student-futures

https://youtu.be/EONTA19LK_Q


3 Debriefing

Sometimes the subject matter of this course can be confronting and challenging to process. You may want to debrief with your supervisor after a difficult client interview or after reading material such as police statements or transcripts of evidence. If you feel a client interview was intensely emotional, you may choose to discuss it with your supervisor at the end of the interview. There is an open door policy at the clinic where debriefing is encouraged if you need it.

If you are finding it too challenging to work with a particular file, file allocations can be changed to accommodate this.

If required, counselling appointments for Monash students can be made, free of charge via www.monash.edu/health/counselling/counseling-appointments or by calling 99053020 9-5pm weekdays. Phone counselling is also offered 24/7 at 1300 STUDENT (1300 788 336)

Very occasionally, a critical stress incident may occur where you have been involved in a threatening or intensely emotional incident. If you feel threatened during a client interview, you should immediately inform your supervisor. If any client threatens to harm him/herself or others, your supervisor should be notified immediately and a “Hazard and Incident Report Form” needs to be completed and forwarded to the Health and Safety Rep. Your supervisor will help you complete this form.


4 Carlton & United Breweries (CUB) Clinic

4.1 Synopsis

Carlton & United Breweries (CUB) Clinic - At CUB Offices, under supervision by qualified solicitors, students will support

the Legal Directors of Commercial, Corporate & Compliance and Operations for a range of activities including:

providing legal advice to the business, including functions such as Commercial, Sales, Marketing, Finance, Tax, Supply,

Logistics, Procurement and People;

supporting on strategic files that may include mergers and acquisitions, divestments and strategic alliances;

managing the IP portfolio of the CUB business and providing broader support in the management of IP issues;

supporting the Sales and Marketing Compliance Committee in reviewing and approving all consumer facing material;

assisting with compliance reviews, training and investigations that assess and protect against bribery, corruption,

competition and regulatory risks; and

advising in relation to employment law and industrial relations issues.

MODE OF

DELIVERY

PLACEMENT / INDIVIDUAL AND GROUP WORK

WORKLOAD The minimum total expected workload to achieve the learning outcome for this unit is one 7-hour

clinic session per week plus follow up research and casework (duties in clinic). In addition to the

weekly intake session, students may be required to spend further hours per week in research,

case preparation and consultation with their supervisor. Scheduled activities may include a

combination of teacher directed learning, client interviewing and advice sessions, supervision

and online engagement. Students will be given further instructions in relation to the

commitments for their specific clinics upon acceptance of an offer.

PREREQUISITES For students who commenced their LLB (Hons) course in 2015 or later:

LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and

LAW1102 or LAW1104; LAW2100 OR LAW2101 and LAW2102; LAW2200 OR LAW2201 and

LAW2202; LAW3300 orLAW3301 and LAW3302.

For JD students:

The achievement of at least twelve units or 72 credit points towards the Master of Laws (Juris

Doctor) to include: LAW5000, LAW5001, LAW5002, LAW5003, LAW5004, LAW5005,

LAW5006, LAW5007 or equivalent.

In addition, students intending to undertake any of the following clinics:

+ Sexual Assault Clinic

+ Family Violence Clinic

must have completed LAW4328 (or LAW5216), LAW4330 (or LAW5218) or LAW5050. In other

clinics preference for a placement will be given to students who have completed these units.

http://www.monash.edu/pubs/handbooks/units/LAW1111.html




























4.2 Assessment Summary

Assessment Task Value Due Date

1. Performance of Responsibilities at Clinic according to detailed

assessment criteria

80% Continuous

2. Research Paper 20% 29 June 2018 at 17:00 hrs (5:00pm)

4.3 Assessment Requirements

Assessment Tasks

LLB Students assessed at AQF7, LLB Hons at AQF8 and JD students at AQF9.

Assessment Task 1: Performance of Responsibilities at Clinic Assessment: Continuous

Weighting: 80%

Details of task: Assessment based on detailed assessment criteria that appear below.

Assessment Task 2: Research Paper

Weighting: 20%

Due Date: 29 June 2018 at 17:00 hrs (5:00pm) – please submit via email to your supervisor and cc in Chief Examiner,

[email protected]

Maximum word length: 2000 words (excluding footnotes and bibliography)

Details of task: See following pages

The Supervisor will complete a Final Assessment Form for each student.

Recommended Resources

Prescribed text(s) and readings

Online resources as provided via MOODLE – Leap into Leadership Online Modules, Create a Profile on Student Futures and

reflect on employability skills acquired during this Professional Practice Unit.

https://www.aqf.edu.au/aqf-levels




4.4 Marking Rubrics.

Assessment Task 1: Performance of Responsibilities at Clinic - Detailed Assessment Criteria

Legal research and

application of legal

research: 30%

1. Identification of relevant legal issues requiring further research;

2. Accuracy and comprehensiveness of legal research;

3. Application of legal research to factual scenarios;

4. Use of initiative in conduct of and approach to research.

Quality of work under supervision: 40%

1. Fact gathering;

2. Interviewing and interview control, understanding of the purposes of

taking instructions (including fact gathering, interview control,

communicating advice, where appropriate);

3. Written communication including letters, documents and briefs;

4. Oral communication of information and advice;

5. Summation of relevant facts, legal issues and advice in discussions with

supervisor;

6. Cognition of and proficiency in legal strategies and strategic decision-

making;

7. Balance between initiative and reliance on supervisor;

8. Initiating discussions with supervisor (including application of law,

awareness of alternatives, summation of advice, identification of systemic

or policy issues)

9. Regular and effective communication with client;

10. Sensitivity towards clients;

11. Proficiency in multi-disciplinary approaches to clients’ dilemmas –

including recognition of and approach to the non-legal aspects of clients’

problems;

12. Identification of non-legal issues and options for supporting clients;

13. Identification of approach to non-adversarial options for dispute

resolution;

14. Dealing with public inquiries by telephone;

15. Responsiveness to supervisor feedback;

16. Improvement during the course;

17. Student’s ability to reflect critically on how law operates from a range of

perspectives, and on their own role within the legal system;

18. Self- reflection on improvement or lack of improvement during the course

(extent to which the student is aware of, and is learning from their

mistakes and taking appropriate initiatives).

Ethics and professional responsibility: 20%

1. Identification of ethical, professional and risk management issues;

2. Demonstration of capacity to exercise professional judgment and sound

ethical decision-making;

3. Application of relevant fiduciary and professional and regulatory

frameworks to practice, including the uniform laws, professional conduct

rules and relevant case law;

4. Demonstrate compliance with trust accounting requirements, where

applicable;

5. Demonstrate compliance with statutes of limitations, where applicable;

6. Professionalism, approach to working with colleagues.

Project management

skills for lawyers:

10%

1. Maintenance of files, including accuracy and level of detail in file notes

and records of advice;

2. Planning and execution of project work;

3. Preparation for and management of changeover;

4. Punctuality and attendance.

Converted to a mark out of 80.


4.5 Assessment Task 1: Self-assessment process

For Assessment Task 1, students are strongly encouraged to participate in a mid-program review. As part of this process they may be asked to complete a self- assessment sheet (below). The purpose of this process is to provide students with an opportunity for more detailed feedback on their progress against the detailed assessment criteria, to identify opportunities for improvement and to encourage students to engage in practices of critical self-reflection.

4.6 Mid Program Review – Student Self-Evaluation

Name of student:………………………………………………………………………………

Please put a tick in the column number corresponding to your level of skills in each of these areas 1. = BASIC (Few or little skills in this area)

2. = COMPETENT (Moderate skills in this area)

3. = PROFICIENT (Well-developed skills in this area)

SKILL AREA 1 2 3

4. Legal research and application of legal research





5. Quality of work under supervision

1. Fact gathering;

2. Interviewing and interview control, understanding of the purposes of taking instructions (including

fact gathering, interview control, communicating advice);



5. Summation of relevant facts, legal issues and advice in discussions with supervisor;

6. Cognition of and proficiency in legal strategies and strategic decision-making;


8. Initiating discussions with supervisor (including application of law, awareness of alternatives,

summation of advice, identification of systemic or policy issues)



11. Proficiency in multi-disciplinary approaches to clients’ dilemmas including recognition of and

approach to the non-legal aspects of clients’ problems;


13. Identification of approach to non-adversarial options for dispute resolution;




17. Student’s ability to reflect critically on how law operates from a range of perspectives, and on

their own role within the legal system;

18. Self- reflection on improvement or lack of improvement during the course (extent to which the

student is aware of, and is learning from their mistakes and taking appropriate initiatives).

6. Ethics and professional responsibility


2. Demonstration of capacity to exercise professional judgment and sound ethical decision-making;

3. Application of relevant fiduciary and professional and regulatory frameworks to practice,

including the uniform laws, professional conduct rules and relevant case law;

4. Demonstrate compliance with trust accounting requirements, where applicable;



7. Project management skills for lawyers

1. Maintenance of files, including accuracy and level of detail in file notes and records of advice;





Comments: (things you want to talk about during the review/comments on this process/anything else)

Comments from the supervisor:


4.7 Assessment Task 2: Research Paper

Due Date: 29 June 2018 at 17:00 hrs (5:00pm)

Submissions after the due date will attract penalties, as set out in the late submission policy in the Unit Guide.

Word length: 1750 - 2000 words (excluding footnotes and bibliography)

Weighting: 20%

PURPOSE

The assignment is intended to develop skills in research, analysis and the presentation of facts, arguments and conclusions in law-related areas.

TOPIC

The topic should be related to an issue of substantive law, the application of a law or the operation of legal processes — provided that the question is one that might arise in the day-to-day work of the clinic. The topic may consist of:

a. The examination of a case(s) handled by the clinic

b. Research into an aspect of the operation of the clinic or specific area of law.

CHOOSING THE TOPIC

The best way to approach the topic is to see what questions are raised by the cases you are handling — which, of course, include cases that have been taken over on joining the clinic. You may also find an area of need that is raised by your work at the clinic. Your supervisor at the Legal Service / Clinical Host is the best person to discuss these ideas with.

APPROVAL OF THE TOPIC AND SUPERVISION OF WORK

You should speak to your Legal Service/Law Firm supervisor regarding your ideas as to both the topic and the way you wish to present your assignment.

FORMAT OF ASSIGNMENT

The recommended length of 1750 - 2000 words for a research paper does not include footnotes, list of references or detailed factual material and documentation which can be put in appendices. If you are writing a research paper, it should be prepared in accordance with the Students’ Guide to Legal Writing by Enid Campbell and Richard Fox. It should be typed in double or 1½ spacing.

SUBMISSION OF ASSIGNMENT

Submissions are electronically.

Please save the filename in the following format;

Surname_Name_LAW4803Submission.docx

Submit via email to your supervisor at the Clinic and cc in Unit Chief Examiner; [email protected]

Criteria for Marking: See rubrics provided with these instructions.

CONFIDENTIALITY

Where actual clinic cases are referred to in a research paper, names, occupations, places and dates should be changed to ensure that no clinic client or case can be identified (by persons other than your supervisors).


ASSESSMENT CRITERIA

The following criteria is used in assessing Research Papers:

a. Quality of analysis, with particular reference to capacity for original thinking.

b. Relevance of assignment to question.

c. Quality of research.

d. Capacity to deal with policy issues and to articulate their relevance to the development of legal doctrines.

e. Quality of presentation, with particular reference to:

clarity of expression

organisation of material and logical development of arguments

layout (including use of headings, paragraphing and spacing)

accuracy

consistency and clarity in methods of citation

typographical accuracy, grammar and spelling

CLINICAL EXTERNSHIP – LAW4803

MARKING SHEET – WRITTEN ASSIGNMENT

Marking criteria Outstanding

(HD)

Very

Good (D)

Good

(Credit)

Satisfactory

(Pass)

Unsatisfactory

(Fail)

Knowledge & Understanding

of the Topic

Analysis & Argument

Structure & Writing

Presentation & Referencing

Comments:


4.8 Final Assessment Form Carlton & United Breweries (CUB)

NAME OF STUDENT:

SUPERVISOR:

Assessment Task 1: Performance of responsibilities in clinic

SKILL AREA MARK

Legal research and application of legal research out of 30

Quality of work under supervision out of 40

Ethics and professional responsibility out of 20

Project management skills for lawyers out of 10

TOTAL

CONVERTED TO A MARK OUT OF 80

/100

/80


TOTAL /20

FINAL MARK /100 and Comments: /100


5 Crowd & Co

5.1 Synopsis

Crowd & Co - is start-up tech company that operates a digital ecosystem for the Australian legal sector. Having launched a

two-sided commercial legal marketplace in 2016, Crowd & Co is about to launch the first independent online community for

lawyers globally.

Crowd Co + You

This opportunity will involve work in generating content (planning, procuring and creating), networking members and

developing member channels, industry promotion, and diversifying the interest touch points on the platform.

There’s potential to liaise with professionals from across the legal industry about their needs and pain points, and helping

them enhance their practice through the network. There will also be opportunities to work on ideas for activating the

graduate/paralegal/lawyer-in-waiting community with this platform and connecting them to industry.

Of course one of the joys of start-up land is that, whatever your job description, you’re never far from the action of everything

else in the business. So expect some level of exposure to strategy, business planning, marketing and stakeholder

engagement.

To sum it up

Crowd & Co are a tech company. A tech company engaged pretty deeply with the legal sector. You won’t do any practice

lawyering with them, however the opportunity will give you some great insight into the future direction of the industry,

interaction with its players, and exposure to the issues they’re concerned with. This will ideally suit someone interested in

tech/digital platforms, start-up entrepreneurship, and future business practices.

Timing

One regular day per week over the 12-16 wk externship (or 2x half-day)

Melbourne CBD

Other hours are possible subject to interest, availability, scheduling (potentially not a “regular” window)

Clinical period 2, 2018 - 12 March - 6 July 2018.

MODE OF

DELIVERY














For JD students:








































assessment criteria

80% Continuous



Assessment Tasks



Weighting: 80%



Weighting: 20%


[email protected]







reflect on employability skills acquired during this Professional Practice Unit







Legal research and


research: 30%






1. Fact gathering;







supervisor;


making;




or policy issues)





problems;



resolution;










1. Identification of ethical, professional and risk management issues; 2. Demonstration of capacity to exercise professional judgment and sound

ethical decision-making; 3. Application of relevant fiduciary and professional and regulatory

frameworks to practice, including the uniform laws, professional conduct rules and relevant case law;


5. Demonstrate compliance with statutes of limitations, where applicable; 6. Professionalism, approach to working with colleagues.

Project management

skills for lawyers:

10%


2. Planning and execution of project work; 3. Preparation for and management of changeover; 4. Punctuality and attendance.






Name of student: …………………………………………………………………………………………… Please put a tick in the column number corresponding to your level of skills in each of these areas

1. = BASIC (Few or little skills in this area)



SKILL AREA 1 2 3







1. Fact gathering;

2. Interviewing and interview control, understanding of the purposes of taking instructions

(including fact gathering, interview control, communicating advice);










11. Proficiency in multi-disciplinary approaches to clients’ dilemmas, including recognition of and













2. Demonstration of capacity to exercise professional judgment and sound ethical decision-

making;
















Weighting: 20%

PURPOSE


TOPIC




CHOOSING THE TOPIC












CONFIDENTIALITY

Where actual clinic cases are referred to in a research paper, names, occupations, places and dates should be changed to ensure that no clinic client or case can be identified (by persons other than your supervisors)


ASSESSMENT CRITERIA










accuracy



CLINICAL EXTERNSHIP – LAW4803 - Student #



(HD)

Very

Good (D)

Good

(Credit)

Satisfactory

(Pass)

Unsatisfactory

(Fail)


of the Topic

Analysis & Argument

Structure & Writing


Comments:


5.8 Final Assessment Form Crowd & Co

Final Assessment Form for

NAME OF STUDENT:

SUPERVISOR:


SKILL AREA MARK





TOTAL


/100

/80


TOTAL /20



6 Family Violence Clinic

6.1 Synopsis

Family Violence Clinic – assisting victims of Family Violence (2 places, all clinical periods). This clinic is designed for students

who are interested in assisting victims of family violence by attending the court on family violence list days and assisting the

duty lawyer and to help clients make victims of crime applications to the Victims of Crime Tribunal. The clinic is based at

Springvale Monash Legal Service and Dandenong Magistrates’ Court. Thursdays and Fridays 9-5PM; week on, week off.

MODE OF

DELIVERY














For JD students:







































1. Performance of Responsibilities at Clinic according to detailed assessment

criteria

80% Continuous



Assessment Tasks



Weighting: 80%



Weighting: 20%


[email protected]






Sexual Assault Clinic and Family Violence Clinics:

VOCAT legislation and associated regulations

Chapter 1.11 of the Lawyers' Practice Manual

Online resources as provided via MOODLE – Leap into Leadership Online Modules, Create a Profile on Student

Futures and reflect on employability skills acquired during this Professional Practice Unit.

.







Legal research and


research: 30%






1. Fact gathering;







supervisor;


making;




or policy issues)





problems;



resolution;

















applicable;



Project management

skills for lawyers:

10%














3. = PROFICIENT (Wll-developed skills in this area)

SKILL AREA 1 2 3







1. Fact gathering;









































Weighting: 20%

PURPOSE


TOPIC




CHOOSING THE TOPIC












CONFIDENTIALITY


mailto:[email protected]


ASSESSMENT CRITERIA










accuracy






(HD)

Very

Good (D)

Good

(Credit)

Satisfactory

(Pass)

Unsatisfactory

(Fail)


of the Topic

Analysis & Argument

Structure & Writing


Comments:


6.8 Final Assessment Form Family Violence

NAME OF STUDENT:

SUPERVISOR:


SKILL AREA MARK





TOTAL


/100

/80


TOTAL /20



7 Human Rights Clinic

7.1 Synopsis

Human Rights Clinic - in conjunction with the Castan Centre for Human Rights at Holding Redlich, 555 Bourke St, Melbourne

(2 places, Clinical Period 2 and 3) - litigation involving human rights in the broadest sense – everything from compensation for

workplace injuries and discrimination to assisting asylum seekers and elderly victims of fraud and predatory lending. Students

with an interest in human rights are likely to be attracted to this clinic. Immediate casework supervision is provided by the law

firm and academic coordination by a member of Law Faculty staff. It is not necessary to have completed Professional

Practice to obtain a placement in this clinic. Wednesdays 9-5 PM.

MODE OF

DELIVERY














For JD students:








































assessment criteria

80% Continuous



Assessment Tasks



Weighting: 80%



Weighting: 20%


[email protected]














Legal research and


research: 30%






1. Fact gathering;







supervisor;


making;




or policy issues)





problems;



resolution;











ethical decision-making; 3. Application of relevant fiduciary and professional and regulatory

frameworks to practice, including the uniform laws, professional conduct rules and relevant case law;



Project management

skills for lawyers:

10%












SKILL AREA 1 2 3







1. Fact gathering;

2. Interviewing and interview control, understanding of the purposes of taking instructions (including fact

gathering, interview control, communicating advice);










11. Proficiency in multi-disciplinary approaches to clients’ dilemmas including recognition of and approach

to the non-legal aspects of clients’ problems;






17. Student’s ability to reflect critically on how law operates from a range of perspectives, and on their

own role within the legal system;

18. Self- reflection on improvement or lack of improvement during the course (extent to which the student

is aware of, and is learning from their mistakes and taking appropriate initiatives).




3. Application of relevant fiduciary and professional and regulatory frameworks to practice, including the

uniform laws, professional conduct rules and relevant case law;














Weighting: 20%

PURPOSE


TOPIC




CHOOSING THE TOPIC












CONFIDENTIALITY



ASSESSMENT CRITERIA










accuracy



CLINICAL EXTERNSHIP – LAW4803 – Student #



(HD)

Very

Good (D)

Good

(Credit)

Satisfactory

(Pass)

Unsatisfactory

(Fail)


of the Topic

Analysis & Argument

Structure & Writing


Comments:


7.8 Final Assessment Form Human Rights Clinic

NAME OF STUDENT:

SUPERVISOR:


SKILL AREA MARK





TOTAL


/100

/80


TOTAL /20



8 JobWatch Clinic

8.1 Synopsis

JobWatch Clinic - Students are based at Jobwatch, in the city - 21 Victoria St, Melbourne. Students receive extensive training

and support to give advice on the telephone advice line to members of the public from Vic, Qld and Tas in relation to various

employment law issues, and assist with legal education materials. Rostered day 9-5PM per week (TBC).

MODE OF

DELIVERY














For JD students:








































assessment criteria

80% Continuous



Assessment Tasks



Weighting: 80%



Weighting: 20%


[email protected]














Legal research and


research: 30%






1. Fact gathering;







supervisor;


making;




or policy issues)





problems;



resolution;

















applicable;



Project management

skills for lawyers:

10%















SKILL AREA 1 2 3







1. Fact gathering;


























making;
















Weighting: 20%

PURPOSE


TOPIC




CHOOSING THE TOPIC





The recommended length of 1750 - 2000 words for a research paper does not include footnotes, list of references or detailed factual material and documentation which can be put in appendices. If you are writing a research paper, it should be prepared in accordance with the Students’ Guide to Legal Writing by Enid Campbell and Richard Fox. It should be typed in double or 1½

spacing.





Submit via email to your supervisor at the Clinic and cc in Unit Chief Examiner: [email protected]


CONFIDENTIALITY



ASSESSMENT CRITERIA










accuracy



CLINICAL EXTERNSHIP – LAW4803 – Student #



(HD)

Very

Good (D)

Good

(Credit)

Satisfactory

(Pass)

Unsatisfactory

(Fail)


of the Topic

Analysis & Argument

Structure & Writing


Comments:


8.8 Final Assessment Form JobWatch Clinic

Final Assessment Form for

NAME OF STUDENT:

SUPERVISOR:


SKILL AREA MARK





TOTAL


/100

/80


TOTAL /20



9 King & Wood Mallesons

9.1 Synopsis

King & Wood Mallesons Clinic - Students participating in this clinic will work with two Partners to provide advice on

corporate governance and social responsibility issues to not-for- profits and/or ASX listed companies. Students may work

alone, or in pairs or groups of up to four under the supervision of a faculty and/ or practitioner mentor.

MODE OF

DELIVERY














For JD students:








































assessment criteria

80% Continuous



Assessment Tasks



Weighting: 80%



Weighting: 20%


[email protected]














Legal research and


research: 30%






1. Fact gathering;







supervisor;


making;




or policy issues)





problems;



resolution;

















applicable;



Project management

skills for lawyers:

10%











Name of student:………………………………………………………………………………

Please put a tick in the column number corresponding to your level of skills in each of these areas 1. = BASIC (Few or little skills in this area)



SKILL AREA 1 2 3







1. Fact gathering;









































Weighting: 20%

PURPOSE


TOPIC




CHOOSING THE TOPIC












CONFIDENTIALITY



ASSESSMENT CRITERIA










accuracy






(HD)

Very

Good (D)

Good

(Credit)

Satisfactory

(Pass)

Unsatisfactory

(Fail)


of the Topic

Analysis & Argument

Structure & Writing


Comments:


9.8 Final Assessment Form King & Wood Mallesons Clinic

NAME OF STUDENT:

SUPERVISOR:


SKILL AREA MARK





TOTAL


/100

/80


TOTAL /20



10 SECASA/ SMLS Joint Sexual Assault Clinic

10.1 Synopsis

Sexual Assault Clinic – in conjunction with the South Eastern Centre Against Sexual Assault (SECASA) at Springvale Monash

Legal Service (4 places, all clinical periods) – legal services to victim-survivors of sexual assault. This clinic is designed for

students who have developed an interest during Professional Practice in supporting victim-survivors of sexual assault, many of

whom are children. Students undertake casework in conjunction with SECASA staff as needed. The vast majority of casework

involves applications under the Victims of Crime Assistance Act 1996 (Vic). The course is a practical one and is intended for

emotionally mature students who see themselves as potential criminal lawyers (whether acting in defence or prosecution), as

well as students interested in personal injury law and other areas of law that involve dealing with vulnerable and marginalised

populations. This course was formerly called “advanced professional practice” in recognition of the fact that it builds upon skills

developed in Professional Practice and prepares students for work in a busy legal practice. Thursdays 9-5 pm (with some

follow up during the week as required).

MODE OF

DELIVERY









PREREQUISITES

For students who commenced their LLB (Hons) course in 2015 or later:





For JD students:








































criteria

80% Continuous



Assessment Tasks



Weighting: 80%



Weighting: 20%


[email protected]






Sexual Assault Clinic and Family Violence Clinics:

a. VOCAT legislation and associated regulations

b. Chapter 1.11 of the Lawyers' Practice Manual

c. Online resources as provided via MOODLE – Leap into Leadership Online Modules, Create a Profile on Student






10.4 Marking Rubrics


Legal research and


research: 30%





Quality of work under

supervision: 40%

1. Fact gathering;

2. Interviewing and interview control, understanding of the purposes of taking

instructions (including fact gathering, interview control, communicating advice,

where appropriate);




supervisor;



8. Initiating discussions with supervisor (including application of law, awareness of

alternatives, summation of advice, identification of systemic or policy issues)



11. Proficiency in multi-disciplinary approaches to clients’ dilemmas – including

recognition of and approach to the non-legal aspects of clients’ problems;








18. Self- reflection on improvement or lack of improvement during the course (extent

to which the student is aware of, and is learning from their mistakes and taking

appropriate initiatives).

Ethics and

professional

responsibility: 20%


2. Demonstration of capacity to exercise professional judgment and sound ethical

decision-making;

3. Application of relevant fiduciary and professional and regulatory frameworks to

practice, including the uniform laws, professional conduct rules and relevant case

law;




Project management

skills for lawyers:

10%

1. Maintenance of files, including accuracy and level of detail in file notes and

records of advice;




Converted to a mark out of 80



For Assessment Task 1, students are strongly encouraged to participate in a mid-program review. As part of this process they may be asked to complete a self- assessment sheet (below). The purpose of this process is to provide students with an opportunity for more detailed feedback on their progress against the detailed assessment criteria, to identify opportunities for improvement and to encourage students to engage in practices of critical self-reflection


Name of student:……………..………………………………………………………………………………

Please put a tick in the column number corresponding to your level of skills in each of these areas




SKILL AREA 1 2 3







1. Fact gathering;












11. Proficiency in multi-disciplinary approaches to clients’ dilemmas

12. including recognition of and approach to the non-legal aspects of clients’ problems;




























Weighting: 20%

PURPOSE

The assignment is intended to develop skills in research, analysis and the presentation of facts, arguments and conclusions in

law-related areas.

TOPIC

The topic should be related to an issue of substantive law, the application of a law or the operation of legal processes —

provided that the question is one that might arise in the day-to-day work of the clinic. The topic may consist of:



CHOOSING THE TOPIC

The best way to approach the topic is to see what questions are raised by the cases you are handling — which, of course,

include cases that have been taken over on joining the clinic. You may also find an area of need that is raised by your work at

the clinic. Your supervisor at the Legal Service / Clinical Host is the best person to discuss these ideas with.


You should speak to your Legal Service/Law Firm supervisor regarding your ideas as to both the topic and the way you wish to

present your assignment.


The recommended length of 1750 - 2000 words for a research paper does not include footnotes, list of references or detailed

factual material and documentation which can be put in appendices. If you are writing a research paper, it should be prepared

in accordance with the Students’ Guide to Legal Writing by Enid Campbell and Richard Fox. It should be typed in double or 1½

spacing.







CONFIDENTIALITY

Where actual clinic cases are referred to in a research paper, names, occupations, places and dates should be changed to

ensure that no clinic client or case can be identified (by persons other than your supervisors).


ASSESSMENT CRITERIA







• clarity of expression

• organisation of material and logical development of arguments

• layout (including use of headings, paragraphing and spacing)

• accuracy

• consistency and clarity in methods of citation

• typographical accuracy, grammar and spelling


MARKING SHEET – WRITTEN ASSIGNMENT Marking criteria Outstanding

(HD)

Very Good

(D)

Good

(Credit)

Satisfactory

(Pass)

Unsatisfactory

(Fail)

Knowledge &

Understanding

of the Topic

Analysis &

Argument

Structure & Writing

Presentation &

Referencing

Comments:


10.8 Final Assessment Form SECASA/ SMLS Joint Sexual Assault Clinic

NAME OF STUDENT:

SUPERVISOR:


SKILL AREA MARK





TOTAL


/100

/80


TOTAL /20



11 Slater & Gordon

11.1 Synopsis

Slater and Gordon is an Australian labour law firm with a proud history of providing people with equitable access to legal

service. It has set the benchmark in Personal Injury Law and Class Actions and is trusted by its clients because its

people are passionate, honest, experienced and professional.

Clients

Our clients are people throughout Australia who are in need of a broad range of personal legal services. Our clients want

lawyers who are accessible and able to provide expert advice on their legal matters at an affordable price. Our clients

come to us for individual legal needs, as well as group actions. They come from all backgrounds and socio-economic

circumstances.

We treat our thousands of clients with compassion and respect and pride ourselves on delivering the highest quality legal

services to them.

Our People

Our employees believe in helping everyday Australians in their local communities access a better future through legal

services. Our success is built on the dedication of our staff who are passionate and professional. We offer our

employees a genuine opportunity for career development in a supportive work environment. We are committed to

ongoing support, training and development of our staff where continuous learning and innovation fosters a culture of

achievement and growth. At Slater and Gordon you will be exposed to varied and interesting work and a chance to make

a real difference to the lives of everyday people.

Our Values

The work we do is important because we impact upon many people’s lives, every day.

We have a responsibility to ensure that strong values guide us in everything we do.

Our values are:

Do It Right

Work Well with Others

Take the Lead

Position Profile

Key Responsibilities:

The Slater & Gordon Internship will have you supporting our Personal Injury practice group in the areas of:

paralegal duties;

legal research;

compiling evidence;

filing;

exposure to drafting and managing legal documents;

assisting in other ad hoc legal duties.

Candidate Profile:

The ideal candidate will have:

a keen passion for legal and undertaking a Bachelor of Law degree. Passionate, innovative thinking

Advanced written skills

Drive to make a difference

Exceptional interpersonal skills


MODE OF

DELIVERY














For JD students:












criteria

80% Continuous

2. Research Paper 20% 29 June 2018 at 17:00 hrs

(5:00pm)






























Assessment Tasks



Weighting: 80%



Weighting: 20%


[email protected]














Legal research and


research: 30%






1. Fact gathering;







supervisor;


making;




or policy issues)





problems;



resolution;

















applicable;



Project management

skills for lawyers:

10%















SKILL AREA 1 2 3







1. Fact gathering;












11. Proficiency in multi-disciplinary approaches to clients’ dilemmas including recognition of and approach

to the non-legal aspects of clients’ problems;




























Weighting: 20%

PURPOSE


TOPIC




CHOOSING THE TOPIC












CONFIDENTIALITY




ASSESSMENT CRITERIA










accuracy



CLINICAL EXTERNSHIP – LAW4803 – Student#



(HD)

Very

Good (D)

Good

(Credit)

Satisfactory

(Pass)

Unsatisfactory

(Fail)


of the Topic

Analysis & Argument

Structure & Writing


Comments:


11.8 Final Assessment Form Slater & Gordon

NAME OF STUDENT:

SUPERVISOR:


SKILL AREA MARK





TOTAL


/100

/80


TOTAL /20



12 Stary, Norton, Halphen

12.1 Synopsis

Stary Norton Halphen - is the largest specialist criminal law practice in Victoria. All our lawyers practice exclusively in

Criminal Law. At the heart of our practice is a commitment to social justice and ensuring that our clients, no matter what

walk of life they come from or what they have been accused of doing, receive robust representation and a fair hearing

from the Courts. We do not judge our clients. That is not our role. Rather we afford them dignity and respect and do our

very best to protect their rights in circumstances where they are facing the might of the state. Some of our clients are

homeless, others are high profile, all are important. If you have a keen sense of justice, are attracted to a career in

criminal law and are motivated to learn in a fast moving and dynamic environment where our lawyers routinely appear in

and prepare for matters in Court then apply to undertake our 12 week Clinical Externship commencing March 2018 as

your first step in a long career in Criminal law.


MODE OF

DELIVERY














For JD students:







































1. Performance of Responsibilities at Clinic according to detailed assessment criteria 80% Continuous

2. Research Paper 20% 29 June 2018 at 17:00

hrs (5:00pm)


Assessment Tasks



Weighting: 80%



Weighting: 20%


[email protected]














Legal research and


research: 30%






1. Fact gathering;



where appropriate);




supervisor;



8. Initiating discussions with supervisor (including application of law, awareness

of alternatives, summation of advice, identification of systemic or policy

issues)













(extent to which the student is aware of, and is learning from their mistakes

and taking appropriate initiatives).



ethical decision-making; 3. Application of relevant fiduciary and professional and regulatory frameworks

to practice, including the uniform laws, professional conduct rules and relevant case law;



Project management

skills for lawyers:

10%








Name of student: ……………………………………………………………………………………………





SKILL AREA 1 2 3







1. Fact gathering;












11. Proficiency in multi-disciplinary approaches to clients’ dilemmas

12. including recognition of and approach to the non-legal aspects of clients’ problems;




























Weighting: 20%

PURPOSE


TOPIC




CHOOSING THE TOPIC












CONFIDENTIALITY




ASSESSMENT CRITERIA










accuracy






(HD)

Very

Good (D)

Good

(Credit)

Satisfactory

(Pass)

Unsatisfactory

(Fail)


of the Topic

Analysis & Argument

Structure & Writing


Comments:


12.8 Final Assessment Form Stary Norton Halphen

NAME OF STUDENT:

SUPERVISOR:


SKILL AREA MARK





TOTAL


/100

/80


TOTAL /20



13 Supreme / County Court Of Victoria Clinic

13.1 Synopsis

a. Supreme Court of Victoria - Students participating in this externship program will work with judges and other

judicial staff members of the Supreme Court of Victoria as well as faculty members from Monash University.

Students will attend the Supreme Court of Victoria up to one full day each week over a 12-week period. This

opportunity is offered first and second semesters only – it is not available over summer semesters.

b. County Court of Victoria - Students participating in this externship program will work with judges and other

judicial staff members of the County Court of Victoria as well as faculty members from Monash University. Students will attend the Supreme Court of Victoria up to one full day each week over a 12-week period. This opportunity is offered first and second semesters only – it is not available over summer semesters.

MODE OF DELIVERY PLACEMENT / INDIVIDUAL AND GROUP WORK

WORKLOAD Attendance is required up to one day per week across the semester at the supreme court of victoria, 210 william street, melbourne.

Students will attend the county court of victoria for six full days across the semester.

This is comprised of:

(1) part one of the placement, where the student attends one day a week, for four consecutive weeks, working with a judge/in judge’s chambers; and

(2) part two of the placement, where the student (separately) attends court for a further two full days to observe hearings as part of their private study in preparation for the completion of their research paper.

The research paper must be written on procedural and/or legal issues arising out of their observations of a specific case/s observed in part two of the placement.

In addition to attendance at either courts, students may be required to spend up to 9 hours per week in research, media diary preparation and consultation with their supervisor. Further, students will be expected to attend and deliver an oral presentation at the finalisation of the semester.

PREREQUISITES FOR STUDENTS WHO COMMENCED THEIR LLB (HONS) COURSE IN 2015 OR LATER:


FOR STUDENTS WHO COMMENCED THEIR LLB COURSE PRIOR TO 2015:

LAW1100 OR LAW1101 AND LAW1102 OR LAW1104; LAW2100 OR LAW2101 AND LAW2102; LAW2200 OR LAW2201 AND LAW2202; LAW3300 ORLAW3301 AND LAW3302.

FOR JD STUDENTS:

THE ACHIEVEMENT OF AT LEAST TWELVE UNITS OR 72 CREDIT POINTS TOWARDS THE MASTER OF LAWS (JURIS DOCTOR) TO INCLUDE: LAW5000, LAW5001, LAW5002, LAW5003, LAW5004, LAW5005,

LAW5006, LAW5007 OR EQUIVALENT.


























Unit Outline

13.2 Selection

Places in this externship program provide an opportunity to high-performing law students from the Faculty of Law to gain experience at the Supreme Court/County Court of Victoria.

Places are very limited and entry will involve an interview with a staff members from the Faculty and/or the Supreme Court/County Court of Victoria.

Students will be initially selected for interview on the basis of the completion of an application form.

In addition to the above requirement, a determination is made on whether students are accepted for interview on the following basis:

1. Whether all the other prerequisites have been completed.

2. How close the student is to completing their degree. Preference is given to students who would be completing Clinical Externship towards the end of their degree.

3. How many hours of paid or volunteer external work the student is doing. If a student is doing more than 20 hours per week of external work, then it normally they would not be accepted into the unit. Students may be contacted to discuss this further regarding flexibility.

4. The number of other units being taken with Clinical Externship. If the student is doing more than three other units as well as Clinical Externship, normally they would not be accepted into the unit.


13.3 Overview

This externship program will include the following activities:

1. Assisting judges and other judicial staff in Judges’ Chambers at the Supreme Court/County Court of Victoria with:

1. Drafting speeches;

2. Preparing case summaries; and

3. Legal research.

2. Assist Judges’ Associates in other legal and administrative duties in Chambers and Court.

Assessment Summary


1. Oral Presentation 40% On a date in approx. early June 2018 (TBA)

2. Research paper (1750-2000 words) 20% 29 June 2018 at 17:00 hrs (5:00pm)

3. Completion of Legal Media Diary 40% 29 June 2018 at 17:00 hrs (5:00pm)

ASSESSMENT REQUIREMENTS

Assessment Tasks


Assessment Task 1: Oral Presentation

Due Date: On a date in approx. early June 2018 (TBA)

Weighting: 40%

Details of task: Students will deliver an oral presentation of approximately 20 minutes’ duration to two Faculty of

Law staff members. Assessment is based on detailed assessment criteria that appear below.

Assessment Task 2: Research paper


Maximum word length: 1750- 2000 words (excluding footnotes and bibliography)

Weighting: 20%


Assessment Task 3: Completion of Legal Media Diary


Maximum word length: 1750 - 2000 words (excluding footnotes and bibliography)

Weighting: 40%






13.4 Recommended Resources

Supreme Court Websites

Supreme Court of Victoria: http://www.supremecourt.vic.gov.au/

Court of Appeal news: http://www.supremecourt.vic.gov.au/home/law+and+practice/court+of+appeal/court+

of+appeal+news/

Rules and practice notes:

http://www.supremecourt.vic.gov.au/home/law+and+practice/rules+and+practice+no tes/

Commercial Court:

http://www.supremecourt.vic.gov.au/home/law+and+practice/areas+of+the+court/co mmercial+court/

Commercial Court ‘Green Book’:

http://www.supremecourt.vic.gov.au/home/law+and+practice/rules+and+practice+no tes/practice+note+no+10+of

+2011

Supreme Court Rules

Supreme Court (General Civil Procedure) Rules 2005:

http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/b

12e276826f7c27fca256de50022686b/fb946302a14c2c56ca257c4a0009d70f!OpenDocument

Courtroom etiquette

Courtroom etiquette:

http://www.supremecourt.vic.gov.au/home/going+to+court/attending+court/courtr oom+etiquette/courtroom+etique

tte

‘What do I call the judge?’ http://www.victorialawfoundation.org.au/publication/what-do-i-call-judge

County Court Websites

County Court of Victoria: https://www.countycourt.vic.gov.au/

County Court of Victoria news: https://www.countycourt.vic.gov.au/news-media

Civil Jurisdiction : https://www.countycourt.vic.gov.au/civil-jurisdiction

Common Law Division: http://www.countycourt.vic.gov.au/common-law-division

Commercial Division: http://www.countycourt.vic.gov.au/commercial-division

Practice notes Civil : https://www.countycourt.vic.gov.au/practice-notes-civil

Practice notes Criminal : https://www.countycourt.vic.gov.au/practice-notes-criminal

Practice Notes Commercial: http://www.countycourt.vic.gov.au/practice-notes- commercial-list

Recent Decisions: https://www.countycourt.vic.gov.au/recent-decisions

About the County Court:

http://www.victorialawfoundation.org.au/sites/default/files/resources/About_the_coun ty_court.pdf

‘What do I call the judge?’ http://www.victorialawfoundation.org.au/publication/what- do-i-call-judge

http://www.supremecourt.vic.gov.au/

http://www.supremecourt.vic.gov.au/home/law+and+practice/court+of+appeal/court+%20of+appeal+news/

http://www.supremecourt.vic.gov.au/home/law+and+practice/court+of+appeal/court+%20of+appeal+news/

http://www.supremecourt.vic.gov.au/home/law+and+practice/rules+and+practice+no

http://www.supremecourt.vic.gov.au/home/law+and+practice/areas+of+the+court/co

http://www.supremecourt.vic.gov.au/home/law+and+practice/areas+of+the+court/co



http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/b%2012e276826f7c27fca256de50022686b/fb946302a14c2c56ca257c4a0009d70f!OpenDocument

http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/b%2012e276826f7c27fca256de50022686b/fb946302a14c2c56ca257c4a0009d70f!OpenDocument

http://www.supremecourt.vic.gov.au/home/going+to+court/attending+court/courtr

http://www.supremecourt.vic.gov.au/home/going+to+court/attending+court/courtr

http://www.victorialawfoundation.org.au/publication/what-do-i-call-judge

https://www.countycourt.vic.gov.au/

https://www.countycourt.vic.gov.au/news-media

https://www.countycourt.vic.gov.au/civil-jurisdiction

http://www.countycourt.vic.gov.au/common-law-division

http://www.countycourt.vic.gov.au/commercial-division

https://www.countycourt.vic.gov.au/practice-notes-civil

https://www.countycourt.vic.gov.au/practice-notes-criminal

http://www.countycourt.vic.gov.au/practice-notes-%20commercial-list

https://www.countycourt.vic.gov.au/recent-decisions

http://www.victorialawfoundation.org.au/sites/default/files/resources/About_the_coun ty_court.pdf

http://www.victorialawfoundation.org.au/publication/what-%20do-i-call-judge



Due Date: On a date in approx. early June 2018 (TBA)

Maximum word length: Not applicable

Weighting: 40%

Details of task: Each student will prepare an oral presentation not longer than 20 minutes on a topic approved by the

Chief Examiner. The Presentation will be assessed by two Faculty of Law staff. Students must email the Chief Examiner

with details of their proposed topic no less than 4 weeks before the oral presentations are due to take place.

Criteria for assessment: Oral presentations will be assessed based on the following criteria:

a) Legal research and application of legal research, including breadth of reading (including from other disciplines

where appropriate);

b) Analysis and application of the relevant law, including critiques of the law (where appropriate and relevant),

identification of and suggestions for possible reform and analysis of policy and practice implications of particular

legal approaches;

c) Delivery of legal research and analysis including ability to deliver findings clearly and succinctly, in an

appropriate style, and with a logical structure.

The assessors of the Oral Presentation will complete an Oral Presentation Assessment Form for each student.

Assessment Task 1: Oral Presentation on an Approved Topic


NAME OF STUDENT:

SUPERVISOR:

SKILL AREA

MARK

Legal research and application of legal research

Out of 15

Analysis and application of the relevant law, including critiques of the law where

appropriate

Out of 15

Delivery of legal research and analysis including ability to deliver findings clearly and

succinctly, in an appropriate style, and with a logical structure

Out of 10

TOTAL

/40

Assessment Task 1: Oral Presentation Assessment Form

Supreme Court/County Court of Victoria Externship/Clinic




Maximum word length: 1750 - 2000 words (excluding footnotes and bibliography)

Weighting: 20%

PURPOSE


TOPIC

The topic should be related to an issue of substantive law, the application of a law or the operation of legal processes — provided that the question is one that might arise in the day-to-day work of the Court. The topic may consist of:

a. The examination of an issue addressed by the Court; or

b. Research into an aspect of the operation of the Court or a related question of law, practice or policy.


You should speak to your Judge or Law Faculty Supervisor (the Chief Examiner) regarding your ideas as to both the topic and the way you wish to present your assignment. However, this topic must be approved by (and will be assessed by) the Chief Examiner. You must receive approval of your topic. When approval is given, go ahead with your research.


1. The recommended length of 1750-2000 words for an assignment does not include footnotes, list of references or detailed factual material and documentation which can be put in appendices.

2. Footnotes should be used and should contain information such as references to secondary sources such as texts and articles, cases and legislative citations. Comments should not appear in the footnotes. All citations should be in accordance with the format in the Australian Guide to Legal Citation (3rd ed, 2010) available at http://mulr.law.unimelb.edu.au/go/aglc

3. Your assignment should contain a bibliography.


Supreme Court/County Court of Victoria Externship/Clinic

http://mulr.law.unimelb.edu.au/go/aglc


13.6 Submission Of Assignment






CONFIDENTIALITY

Where actual individuals or corporations are referred to in an assignment, names, occupations, places and dates should be changed to ensure that no person or corporation can be identified (by persons other than your supervisors).

ASSESSMENT CRITERIA

The following criteria will be used in assessing Research Papers:

a. Quality of analysis, with particular reference to capacity for original thinking. b. Relevance of assignment to question. c. Quality of research. d. Capacity to deal with policy issues and to articulate their relevance to the development of legal doctrines. e. Quality of presentation, with particular reference to:


organization of material and logical development of arguments


accuracy





Marking criteria Outstanding (HD)

Very Good (D)

Good (Credit)

Satisfactory (Pass)

Unsatisfactory (Fail)

1. Knowledge & Understanding of the Topic

2. Analysis & Argument

3. 3.Structure & Writing

4. 4. Presentation & Referencing

Comments:



Due Date:

Part A & B: 29 June 2018 at 17:00 hrs (5:00pm)


Maximum word length: 2000 Words (Part A; 750 words, Part B; 1250 words)

Weighting: 40%

Assessment instructions

Purpose

This assessment task introduces you to the analysis of relevant news items. In this unit, this assessment task will assist you to identify and analyse issues which affect the courts, the law, lawyers and the legal system, so that you are able to better understand the application of the rules, cases and principles of our justice system. This task takes a ‘socially realistic approach’ that enables you to move away from the habit of short-term reproductive learning, and to develop skills that will be relevant in post-graduation life (Glofcheski, in Carless, 2015, p.91).

The Legal Media Diary is composed of two parts:

Part A: Identification and summary (15%) – This requires you to select four (4) current news items from across the semester

(one item each fortnight), which concern the operation of the courts or justice system in which you are working. A summary of the facts of each matter must be provided, identifying the issues and tracking the subsequent developments.

The news items should be retrieved from the local print media (hard copy or electronic) during the semester. The news items may be in English or other languages. If not English, a translation must be provided.

The task

You are to:

a. retain a copy of the news reports/stories and include this with your submission;

b. state the date of the news report and its source;

c. write a summary of the event on, or near, the day of publication and identify issues regarding the operation of the courts or justice system in which you are working.

Format

The diary may be in chronological or topic order. You must ensure a logical flow from one item to the next. The assignment will be submitted on Moodle but the method of presentation is flexible i.e. booklet, infographic, poster, Word document etc. Creativity in presentation will be highly regarded.

Audience

Assume that your audience are intelligent, but uninformed, lay persons.

Word limit

750 words. Point form may be used. The text of the media items are not included in the word count. The word count excludes footnotes and bibliography and must be inserted into the top right of your submitted piece of work.

Assessment Task 3: Completion of Legal Media Diary

Supreme Court / County Court of Victoria Clinic


Part B: Analysis (25%) – This requires a more in-depth analysis of two (2) selected matters, including personal observations.

The task Choose two (2) matters from Part A after monitoring the media for any follow-up to stories originally reported. Again English or other language news items can be used. However, if not English, a certified English translation should be provided and the item must originate from a local publication.

You are to:

a. retain a copy of the follow up news reports/stories and include this with your submission;

b. indicate the date of the news report and its source;

c. provide an analysis of key issues for each matter, including an analysis of any commentary that has been made about the matter and your opinion of possible/probable consequences for the future of the law, lawyers, legal practice, justice system or other interested parties; and

d. This requires you to provide a deeper focus on the stories you choose, with a demonstration of an ability to provide an in-depth analysis.

Format

The diary may be in chronological or topic order. You must ensure a logical flow from one item to the next. The assignment will be submitted on Moodle but the method of presentation is flexible e.g. booklet, infographic, poster, Word document etc. Again, creativity in presentation will be highly regarded.

Word limit

1250 words. The text of the media items are not included in the word count. The word count excludes footnotes and bibliography and must be inserted into the top right of your submitted piece of work.

Due date

29 June 2018 at 17:00 hrs (5:00pm). Submissions after the due date will attract penalties, as set out in the late submission policy in the Unit Guide.

General requirements for Parts A and B

1. Presentation requirements: Footnotes should contain citation information only and no narrative text. You are required to

reference consistently with the Australian Guide to Legal Citation, third edition AGLC3 and are expected to use pinpoint references (i.e., ones which refer to a specific page or paragraph number) when quoting from or referring to specific material in case, journal, book etc. www.lib.monash.edu.au/tutorials/citing/

2. Submission of Legal Media Diary:


Please save the filename in the following format:


Submit via email to Unit Chief Examiner: [email protected]

http://guides.lib.monash.edu/law/citingandreferencing

http://www.lib.monash.edu.au/tutorials/citing/


3. Criteria for Marking: See rubrics provided with these instructions.

Assessment Rubric for Part A: Identification and Summary (15%)

Marking criteria Excellent Very Good Good Satisfactory Unsatisfactory

Selection and identification of matter

Exceptional selection of matter to explain the legal/ethical topic.

Highly effective selection of matter to explain the legal/ethical topic.

Generally effective selection of matter to explain the legal/ethical topic.

Basic selection of matter to explain the legal/ethical topic, with deficiencies.

Inadequate selection of matter to explain the legal/ethical topic.

Summary Exceptionally accurate and precise summary of the matter.

Highly accurate and precise summary of the matter.

Generally accurate and precise summary of the matter.

Some level of accuracy and precision in summary of the matter, though with deficiencies.

Inaccurate and imprecise summary of the matter.

Explanation &

Expression (so as to

enable comprehensio n of

the legal

/ethical issue by the

intended audience).

Exceptionally effective, clear and concise explanation of the matter.

Highly effective, clear and concise explanation of the matter.

Generally effective, clear and concise explanation of the matter.

Basic explanation of the matter, though with deficiencies.

Inadequate explanation of the matter, with lack of clarity and conciseness.

Structure & Organisation

Exceptionally logical and coherent structure and organisation.

Highly logical and coherent structure and organisation.

Generally logical and coherent structure.

Structure and organisation has some degree of logic and coherence, with deficiencies.

Inadequate structure and organisation, with lack of logic or coherence.

Presentation Exceptionally engaging.

Clear explanatio n and creative appearance.

Highly engaging. Good explanati on and creative appearance.

Generally engaging. Fair explanati on

and creative appearance.

Some degree of engagement. Basic explanati on

and appearanc e.

Not engaging. Unclear explanation

and appearance.

Mark out of 15:


Assessment Rubric for Part B: Analysis (25%)

Marking criteria Excellent Very Good Good Satisfactory Unsatisfactory

Quality of analysis, with particular reference to capacity for original thinking

Exceptional depth of analysis with outstanding demonstratio n of original thinking

Highly effective depth of analysis with strong demonstratio n of original thinking

Solid depth of analysis with fair demonstrat ion of original thinking

Basic analysis, though with deficiencies, with some emonstration of original thinking

Inadequate analysis with little or no demonstration of original thinking

Quality of research Exceptional quality of research

Highly effective quality of research

Solid quality of research

Basic research demonstrated, though with deficiencies.

Inadequate demonstration of research.

Explanation & Expression (so as

to enable comprehensio n of the legal/ethical issue by the intended audience).

Exceptionally effective, clear and concise explanation of the matter.

Highly effective, clear and concise explanation of the matter.

Generally effective, clear and concise explanation of the matter.

Basic explanation of the matter, though with deficiencies.

Inadequate explanation of the matter, with lack of clarity and conciseness.

Structure & Organisation

Exceptionally logical and coherent structure and organisation.

Highly logical and coherent structure and organisation.

Generally logical and coherent structure.

Structure and organisation has some degree of Logic and coherence, with deficiencies.

Inadequate structure and organisation, with lack of logic or coherence.

Mark out of 20:


14 The Public Transport Ombudsman

14.1 Synopsis

The Public Transport Ombudsman – The Public Transport Ombudsman is a not-for-profit, independent dispute resolution

body proving a free, fair and informal service for the resolution of complaints and disputes about Victorian public

transport operators and government entities who are members of the scheme.

This unit of study will appeal to law students wishing to gain further insights into both alternative dispute resolution (ADR)

and consumer protection. Additionally students will gain exposure to legislation and policy application in an ADR

environment, the processes and practices of a consumer based ombudsman scheme and governance of a not-for-profit

entity.

During the course you will have the opportunity to gain practical skill in developing internal practice notes, case

management and resolution, contribution to broader policy and legislative review submissions, and the role of a

Company Secretary.

The PTO is particularly interested in students who see themselves working for an Ombudsman scheme or community

legal centres and have an interest in vulnerable or disadvantaged members of the community. This particular project may

involve work relating to accessibility. See www.ptovic.com.au


MODE OF

DELIVERY














For JD students:








































assessment criteria

80% Continuous



Assessment Tasks



Weighting: 80%



Weighting: 20%


[email protected]






Online resources as provided via MOODLE – Leap into Leadership Online Modules, Create a Profile on Student Futures

and reflect on employability skills acquired during this Professional Practice Unit.







Legal research and


research: 30%






1. Fact gathering;



where appropriate);




supervisor;



8. Initiating discussions with supervisor (including application of law, awareness

of alternatives, summation of advice, identification of systemic or policy

issues)













(extent to which the student is aware of, and is learning from their mistakes

and taking appropriate initiatives).





3. Application of relevant fiduciary and professional and regulatory frameworks

to practice, including the uniform laws, professional conduct rules and

relevant case law;


applicable;



Project management

skills for lawyers:

10%

1. Maintenance of files, including accuracy and level of detail in file notes and

records of advice;









Name of student:……………………………………………………………………………… Please put a tick in the column number corresponding to your level of skills in each of these areas




SKILL AREA 1 2 3







1. Fact gathering;


























making;
















Weighting: 20%

PURPOSE


TOPIC




CHOOSING THE TOPIC











Criteria for Marking: See rubrics provided with these instructions. CONFIDENTIALITY



ASSESSMENT CRITERIA










accuracy





Marking criteria Outstanding (HD)

Very Good (D)

Good (Credit)

Satisfactory (Pass)



of the Topic

Analysis & Argument

Structure & Writing


Comments:


14.8 Final Assessment Form The Public Transport Ombudsman

NAME OF STUDENT:

SUPERVISOR:


SKILL AREA MARK





TOTAL


/100

/80


TOTAL /20



15 Transport for Victoria

15.1 Synopsis

Transport for Victoria – As a statutory office, the Head, Transport for Victoria is the Victorian Government’s lead transport

agency for the Victorian transport portfolio. The Head, Transport for Victoria heads, and is supported by, Transport for

Victoria, comprising staff from the Victorian Department of Economic Development, Jobs, Transport and Resources.

Transport for Victoria provides advice to the Minister for Public Transport, the Minister for Roads and Road Safety, the

Minister for Ports and, in respect of transport matters, to the Secretary to the department.

Transport Legislation and Legal Branch

The Transport Legislation and Legal Branch provides transport-related legal advice and legislation services to the Head,

Transport for Victoria, Transport for Victoria’s Divisions, the Secretary to the Department of Economic Development,

Jobs, Transport and Resources and transport Ministers.

This includes the delivery of transport-related Bills on the legislation program, identification of opportunities for legislative

reform to support the work of the Head, Transport for Victoria, Transport for Victoria and transport agencies, preparation

of regulations (including the management of the cycle of review of sunsetting regulations), and drafting of orders and

other statutory instruments. The branch works closely with transport agencies such as VicRoads, Public Transport

Victoria and the Taxi Services Commission.

The branch also provides transport-related legal advice on statutory decision making, statutory interpretation,

administrative law, drafting of commercial and other agreements, and review of contracting and grant arrangements.

What you’ll be doing:

Under supervision by qualified solicitors, students will support the road legislation team in the Transport Legislation and

Legal Branch.This will involve a range of activities relating to reform of road related primary and subordinate legislation,

including:

a. participating in the policy development process in consultation with other government departments and agencies

b. assisting in the preparation of regulations and gazette notices, and supporting certificates, for submission to the

Minister for Roads and Road Safety and the Governor in Council

c. advising in relation to the implementation of recent legislative reforms.


MODE OF

DELIVERY


WORKLOAD The minimum total expected workload to achieve the learning outcome for this unit is one 7-hour clinic

session per week plus follow up research and casework (duties in clinic). In addition to the weekly

intake session, students may be required to spend further hours per week in research, case

preparation and consultation with their supervisor. Scheduled activities may include a combination of

teacher directed learning, client interviewing and advice sessions, supervision and online engagement.

Students will be given further instructions in relation to the commitments for their specific

clinics upon acceptance of an offer.



For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104;

LAW2100 OR LAW2101 and LAW2102; LAW2200 OR LAW2201 and LAW2202; LAW3300 orLAW3301 and

LAW3302.

For JD students:

The achievement of at least twelve units or 72 credit points towards the Master of Laws (Juris Doctor) to include:

LAW5000, LAW5001, LAW5002, LAW5003, LAW5004, LAW5005,





must have completed LAW4328 (or LAW5216), LAW4330 (or LAW5218) or LAW5050. In other clinics preference

for a placement will be given to students who have completed these units.
































assessment criteria

80% Continuous



Assessment Tasks



Weighting: 80%



Weighting: 20%


[email protected]














Legal research and application

of legal research: 30%






supervision: 40%

1. Fact gathering;



where appropriate);




supervisor;
















18. Self- reflection on improvement or lack of improvement during the course (extent to

which the student is aware of, and is learning from their mistakes and taking

appropriate initiatives).

Ethics and professional

responsibility: 20%


2. Demonstration of capacity to exercise professional judgment and sound ethical

decision-making;

3. Application of relevant fiduciary and professional and regulatory frameworks to

practice, including the uniform laws, professional conduct rules and relevant case

law;




Project management skills for

lawyers: 10%

1. Maintenance of files, including accuracy and level of detail in file notes and records

of advice;









Name of student:……………………………………………………………………………………………..





SKILL AREA 1 2 3







1. Fact gathering;


























3. Application of relevant fiduciary and professional and regulatory frameworks to practice, including

the uniform laws, professional conduct rules and relevant case law;














Weighting: 20%

PURPOSE

The assignment is intended to develop skills in research, analysis and the presentation of facts, arguments and conclusions

in law-related areas.

TOPIC





CHOOSING THE TOPIC











spacing.







CONFIDENTIALITY



ASSESSMENT CRITERIA










accuracy




MARKING SHEET – WRITTEN ASSIGNMENT Marking criteria Outstanding (HD)

Very Good (D)

Good (Credit)

Satisfactory (Pass)


Knowledge

& Understanding

of the Topic

Analysis

& Argument

Structure &

Writing

Presentation &

Referencing

Comments:


15.8 Final Assessment Form Transport for Victoria

NAME OF STUDENT:

SUPERVISOR:


SKILL AREA MARK





TOTAL


/100

/80


TOTAL /20



16 Victoria Legal Aid

16.1 Synopsis

Organisational Context

VLA provides legal aid services to members of the community both in-house and through contracted private lawyers. Our services include the provision of duty lawyers at courts, legal representation on individual cases, legal information, community legal centres and community legal education. VLA also conducts research into and makes submissions concerning legal aid and law reform issues.

This student placement sits within Client Access, a team within the Access and Equity Directorate and is located at our Melbourne office.

The Client Access team plays a leading role in making VLA services more available, accessible and equitable and we work collaboratively with other parts of VLA and CLC’s to improve client access pathways and experience.

Placement Summary

This is a rare and exciting opportunity to learn about improving the effectiveness of legal assistance, new ways to measure legal need and service coverage amongst VLA and CLC’s across Victoria. Our current work also involves human-centred design, data analytics and social innovation. You do not need to possess experience in these areas but rather have an interest in gaining a high level understanding of social justice and access to justice issues in Victoria.

This placement will give you the opportunity to;

• Transcribe interviews with legal assistance sector stakeholders in relation to legal needs, • Research into legal needs literature and methodology, • Support the team in preparing for and reviewing workshops, and • Drafting documents for use with VLA and CLC stakeholders

MODE OF

DELIVERY














For JD students:








































assessment criteria

80% Continuous



Assessment Tasks



Weighting: 80%



Weighting: 20%


[email protected]












16.4 Marking Rubrics


Legal research and


research: 30%






supervision: 40%

1. Fact gathering;


(including fact gathering, interview control, communicating advice, where appropriate);










11. Proficiency in multi-disciplinary approaches to clients’ dilemmas – including recognition of

and approach to the non-legal aspects of clients’ problems;






17. Student’s ability to reflect critically on how law operates from a range of perspectives, and

on their own role within the legal system;

18. Self- reflection on improvement or lack of improvement during the course (extent to which

the student is aware of, and is learning from their mistakes and taking appropriate

initiatives).

Ethics and

professional

responsibility: 20%



making;






Project management

skills for lawyers:

10%

1. Maintenance of files, including accuracy and level of detail in file notes and records of

advice;









Name of student:……………..………………………………………………………………………………





SKILL AREA 1 2 3







1. Fact gathering;









































Weighting: 20%

PURPOSE

The assignment is intended to develop skills in research, analysis and the presentation of facts, arguments and conclusions

in law-related areas.

TOPIC





CHOOSING THE TOPIC











spacing.







CONFIDENTIALITY

Where actual clinic cases are referred to in a research paper, names, occupations, places and dates should be changed to

ensure that no clinic client or case can be identified (by persons other than your supervisors).


ASSESSMENT CRITERIA







• clarity of expression

• organisation of material and logical development of arguments

• layout (including use of headings, paragraphing and spacing)

• accuracy

• consistency and clarity in methods of citation

• typographical accuracy, grammar and spelling




(HD)

Very

Good (D)

Good

(Credit)

Satisfactory

(Pass)

Unsatisfactory

(Fail)

Knowledge

& Understanding

of the Topic

Analysis

& Argument

Structure & Writing

Presentation &

Referencing

Comments:


16.8 Final Assessment Form Victoria Legal Aid

NAME OF STUDENT:

SUPERVISOR:


SKILL AREA MARK





TOTAL


/100

/80


TOTAL /20


Monash University Wellington Road Clayton, Victoria 3800 Australia T: 1800 MONASH (1800 666 274) E: [email protected] monash.edu.au

CRICOS provider: Monash University 00008C

LAW4803 Clinical Placement Handbook - Monash University · Leap into Leadership Online Leap into...

Documents

Transcript of LAW4803 Clinical Placement Handbook - Monash University · Leap into Leadership Online Leap into...