Industry Careers Guide 2023

INDUSTRY CAREERS GUIDE 2023 PRESENTED BY Deakin Law Students' Society Industry Careers Portfolio

EDITOR'S THANK YOU The DLSS Industry Careers Portfolio would like to sincerely thank all those who contributed to the production of this guide.

EDITORS Emilie Young Bailiejean Hohnberg

DESIGNER Emilie Young

CONTRIBUTORS Bailiejean Hohnberg Emilie Young Isabelle Schinagl Connor Hardcastle

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 2

CONTENTS 5

PRESIDENT'S ADDRESS

6

DIRECTOR'S ADDRESS

7

PRACTICE AREA CAREERS

8

ADMINISTRATION LAW

10

ANIMAL LAW

11

CRIMINAL LAW

14

FAMILY LAW

16

SUCCESSION PLANNING

18

ENVIRONMENTAL LAW

19

CYBER LAW

20

EMPLOYMENT / WORKPLACE LAW

21

HUMAN RIGHTS LAW

23

MIGRATION LAW

25

28

PROPERTY LAW

INTELLECTUAL PROPERTY LAW

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 3

CONTENTS 29

ENTERTAINMENT/ ARTS/ MEDIA LAW

31

HEALTH LAW

33

SPORTS LAW

34

PERSONAL INJURY LAW

36

CAREER PATHWAYS

37

JUDGE'S / JUDICIAL REGISTAR'S ASSOCIATE

38

JUDGE

39

IN-HOUSE COUNSEL

44

PROSECUTION

46

CONSULTANCY

47

LAW CLERK

48

LAW REFORM / POLICY MAKER

49

LEGAL TECHNOLOGIST

50

LEGALPRENEURSHIP

52

BARRISTER

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 4

DEAKIN LAW STUDENTS' SOCIETY INDUSTRY CAREERS PORTFOLIO

President's

ADDRESS My name is Julia Fittipaldi, the Deakin Law Student Society's president for 2023.

It is an honour to introduce you to our distinguished Industry Careers Guide. What differentiates this guide from the other DLSS publications is its keen exploration of noncommercial practice areas in the Law. Whether you have had your heart set on a particular area of practice since your enrolment, or you’re keeping your mind and options open, or even if you don’t wish to practice Law at all, the Industry guide can support your informative process as it delves into key practice areas, as well as alternative career options for Law graduates.

Whilst it can be daunting to contemplate our futures and the many possibilities that await us, the DLSS is an organisation aimed at providing Law students with a platform to explore their legal interests, and we pride ourselves on promoting the diverse range of endless opportunities available to students.

So, while you immerse yourself in this guide, which our wonderful Industry Team have taken great pride and care to bring you, if you find content that particularly resonates with you, inspires you, or even scares you a little (reading all things Law in my first years tickled my imposter syndrome, so I get it), please feel encouraged to interact with these concepts further at our immersive and informative events. The DLSS is here to support your development, and this insightful guide is a wonderful place to begin, happy reading!

With Love, Julia

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 5

DEAKIN LAW STUDENTS' SOCIETY INDUSTRY CAREERS PORTFOLIO

Director's

ADDRESS Welcome to the 2023 Industry Careers Guide – the Deakin Law Students’ Society publication that covers the wonderful industry career paths available to you as a law student. This Guide has been curated to act as your directory when deciding how you want to utilise your law degree. Regardless of whether you’re in your first year of law school, or coming to the end of your degree, we encourage you to take full advantage of this guide!

In essence, the Guide provides beneficial information for students considering their career path. You will find an outline of different industry law practice areas and career options, with a compilation of potential electives to study throughout your degree, and volunteering opportunities available to help you gain experience in each practice area. I urge you to take full advantage of the statements provided from legal professionals in these areas, as it allows you to judge the career path best suited for you.

The Industry Careers portfolio has endeavoured to provide you with a plethora of information to help you plan for your future. I hope this Guide supports you in your future by inspiring you to explore your career options and to shape your degree to benefit your future career. I hope this Guide helps you to develop a stronger understanding of your career options, and the pathway to achieving your dream career.

Finally, I would like to thank my wonderful officers for their hard work, dedication, and passion for creating this Guide: Emilie Young, Isabelle Schinagl and Connor Hardcastle. Without them, this Guide wouldn’t be nearly as amazing as it is.

Bailiejean Hohnberg Director of Industry Careers Deakin Law Students' Society

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 6

PRACTICE AREA CAREERS

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 7

ADMINISTRATION LAW Administrative law refers generally to the laws and legal principles governing the creation, administration, and regulation of government agencies at the federal, state, and local levels. Working in administrative law could be pursued through private law firms that practice it, and also by working for government and its agencies. This may include working within prisons, the police service, the public housing department, or the military. Your work will include challenges (or responding to challenges) regarding the way the government and statutory bodies act on issues that your clients believes are unjust and illegal (or failing to act where they are supposed to).

Law students interested in public law will find this career path rewarding as administrative law delves deep into some of the biggest legal issues of today, such as the individual’s right to privacy, the management of immigration, and the increasingly complex relationship between Australia’s federal laws and its international obligations.

VOLUNTEERING OPPORTUNITIES Fitzroy Legal Service Mental Health Legal Centre Senior Rights Victoria

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 8

Q&A Dr Colin Campbell DEAKIN LAW SCHOOL

COLLIN, CAN YOU PLEASE TELL US ABOUT YOUR PATHWAY TO BECOMING A LECTURER AT DEAKIN LAW SCHOOL? I am currently a Senior Lecturer at Deakin Law School where I teach Administrative Law and Torts. I commenced my career working as an articled clerk, and then a solicitor at a large commercial firm, where I was a Banking Lawyer(!) I then worked as an associate to a Judge of the Federal Court of Australia for a couple of years, before undertaking an LLM, and then a PhD in Administrative Law, overseas. I then worked at Monash for a number of years, before coming to Deakin.

WHAT ATTRACTED YOU TO COMPLETING YOUR POST GRADUATE STUDIES IN ADMINISTRATIVE LAW? My experience as an associate to a Federal Court Judge encouraged me to undertake post graduate studies in Administrative Law. A significant proportion of the matters heard by Federal Court Judges are applications for judicial review under different pieces of legislation – for instance, the Migration Act, the Social Security Act, and the Tax Act. I found the idea that the government should be required to comply with the requirements of the law, just as much as are ordinary citizens, compelling. I also found the extremely wide range of enactments under which decisions are made (which are then subject to judicial review applications) very interesting.

WHAT SKILLS AND QUALITIES WILL HELP SOMEONE SUCCEED IN A CAREER IN ADMINISTRATIVE LAW? Some administrative law practitioners are “generalists” in the sense that they will advise clients about the legality of decisions made under a whole range of different pieces of legislation, and challenge or defend those decisions. For generalist administrative law practitioners, the ability quickly to understand the requirements of a particular piece of legislation is very important. By contrast, some administrative law practitioners specialise in providing advice with regard to, and challenging or defending, decisions made under a particular piece of legislation – eg the Tax Act, or the Migration Act. For those practitioners, having an extremely in-depth knowledge of that particular piece of legislation, and the cases that have been decided with regard to it, is very important.

WHAT EXPERIENCES DO YOU RECOMMEND FOR STUDENTS HOPING TO PURSUE A CAREER IN ADMINISTRATIVE LAW? Assuming that students begin their careers as solicitors, working for a firm that has a “government law” practice – and working as part of that practice - would be very helpful.

Although not all the work undertaken in such a practice would involve administrative law – for instance, contract would probably be a large component - a deal of it would. And, of course, working as a solicitor for the Victorian Government Solicitors Office, or the Australian Government Solicitor, would provide the opportunity for a young lawyer have exposure to administrative law.

WHAT IS THE MOST COMMON TYPE OF WORK WITHIN THIS PRACTICE AREA? Probably the most common type of work within this practice area is challenging or defending governmental decisions in merits review bodies – like, for instance VCAT (or the soon to be abolished Commonwealth AAT).

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 9

ANIMAL LAW Fundamentally, animal law concerns the challenges that confront the enforcement of laws regarding the treatment and welfare of animals. It is an extremely niche area of law, but one that is very important. It can be difficult to find information about animal law, but this document is here to help.

There are various aspects of animal law and how it is regulated. There are numerous regulatory regimes under Australian law, both state and federal law, that apply to interactions with animals. These include; scientific experimentation of animals, use of animals in sport and entertainment, and in agriculture. There is also a huge avenue of this field of law aimed at the live export and import of animals.

If you are a student who has a passion for animals and the legal industry surrounding them, animal law is the perfect avenue for you. Although there are not an incredible amount of job opportunities available in this area, it is still one that requires legal professionals to ensure the fair and just treatment of animals.

NOTABLE ORGANISATIONS AND FIRMS Animal Law Institute Lawyers for Animals Animal Defenders Office

VOLUNTEERING OPPORTUNITIES The Animal Law Institute Lawyers for Animals

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 10

CRIMINAL LAW Criminal law goes well beyond what is depicted on television shows like Law and Order and How to Get Away with Murder. It encompasses a wide range of legal matters and offers rewarding career opportunities for those interested in upholding justice. Various organizations, including the Victorian Government Solicitor's Office, Victoria Legal Aid, and the Office of Public Prosecutions, provide clerkship positions to penultimate students, which can pave the way for future graduate roles in criminal law.

A typical criminal case involving an indictable offence progresses through multiple stages: crime investigation, charging of the individual, bail application, committal hearing, trial, sentencing, and appeals. Defence lawyers play an integral role in the case from its early stages, ensuring procedural fairness during questioning. On the other hand, prosecution's involvement begins once an individual is charged with a crime.

To excel as a criminal lawyer, the ability to think quickly and evaluate information effectively is crucial. Additionally, working with emotionally distressed individuals is a significant aspect of this role, necessitating strong listening and communication skills.

If you're interested in learning more about careers in criminal law, we invite you to listen to the DLSS' Before the Court Podcast. We have conducted an interview with Tim Schocker, a Partner at Stary Norton Halphen, where he shares insights into his career and experiences including a short stint working at the International Criminal Tribunal in the Hague.

NOTABLE ORGANISATIONS AND FIRMS Anthony Isaacs Lawyers Balmer & Associates Doogue + George Emma Turnbull Lawyers

VOLUNTEERING OPPORTUNITIES Brimbank Melton Community Legal centre First Step Legal Service Fitzroy Legal Service Inner Melbourne Community Legal Centre Law and Advocacy Centre for Women

CORRESPONDING ELECTIVES Deakin Law School offers two criminal law based electives: MLL319 - Sentencing Law and Practice MLL416 - Criminal Law Clinic

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 11

Q&A Ben Watson JOHNSTONE AND REIMER

BEN, WHAT WORK DO YOU MOST OFTEN COMPLETE IN YOUR JOB AS A CRIMINAL LAWYER? On a daily basis I act for individuals charged by Victoria Police with a range of criminal offences such as assaults, theft, drug possession and trafficking, firearm offences, sex offences, dishonesty offences, and traffic offences. I also act on behalf of people charged with regulatory offences by bodies such as Local Councils, Worksafe, RSPCA, Transport Safety Victoria.

I routinely have appointments with new clients to obtain instructions, assess the brief of evidence, and provide advice to clients on potential defences that are available and sentencing outcomes depending on a plea of guilty or not guilty.

I commonly brief psychiatrists and psychologists for reports on potential defences of mental impairment or fitness to stand trial.

I negotiate charges with police prosecutions through summary case conferencing.

I commonly draft written submissions for plea hearings which are provided to the Court.

I appear in the Magistrates Court on a daily basis on behalf of clients in a range of hearings such as Mentions, Contest Mentions, Contested Hearings, Plea Hearings, Bail Applications and Intervention Order proceedings.

WHAT OPPORTUNITIES DO YOU RECOMMEND STUDENTS PARTICIPATE IN IF THEY WANT TO GAIN EXPOSURE TO THIS PRACTICE AREA? I highly recommend obtaining office experience at a law firm as early as possible; it doesn’t have to be a criminal law firm, either, as many skills are transferrable, roles such as a receptionist or paralegal where you can become exposed to the different tasks that are required of solicitors. It is also where you can be exposed to different clients and solicitors who may approach cases differently. Through this experience you can network with a wide variety of people and opportunities will present themselves into the future.

I recommend reaching out to Barristers which practice predominately in criminal law and see if they have any opportunities for shadowing or acting as a research assistant.

Volunteering with organisations which assist people in the areas of homelessness, drug addiction, youth work or mental health would provide a great skillset learning to work with people from a diverse background and to understand the underlying issues that bring people into the criminal justice system.

Participating in moots are also incredibly valuable, learning advocacy, thinking on your feet and developing a case strategy are all incredibly important skills to learn as a criminal lawyer.

WHAT SKILLS AND ATTRIBUTES ARE CRUCIAL TO SUCCEED IN THIS AREA? The skills and attributes required to succeed include a passion for assisting people and advocating fearlessly on their behalf, the ability to prioritise and re-prioritise tasks, time management skills, ability to communicate with a wide range of stakeholders, flexibility and an openness to ever changing legislation, ability to work under pressure and within time constraints, analytical and strategic thinking skills, problem solving skills, written and oral advocacy skills, and the ability to communicate and manage a range of different clients who are commonly experiencing great stress or other underlying issues.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 12

Q&A Ben Watson JOHNSTONE AND REIMER

WHAT IS THE BIGGEST MISCONCEPTION ABOUT THIS AREA? The biggest misconception is that many of your days will involve large victories with acquittals and media attention; where 90% of clients plead guilty in the Magistrates Court, the victories experienced are generally smaller in that you may have some key charges withdrawn or amended, or your client is sentenced without conviction, or the sentence imposed is better than expected or a diversion is granted.

It is important to take these little victories when you can and understand that you are generally trying to make the best of a bad situation for a client, who is experiencing possibly the most stressful time in their life and that you are an important part of this process to ensure somebody’s liberty or future prospects of education, employment, or travel are maintained.

WHAT INITIALLY ATTRACTED YOU TO WORK IN THIS AREA, AND WHAT DO YOU FIND MOST CHALLENGING ABOUT THIS PRACTICE AREA? I have always been interested in the criminal law, particularly advocating on behalf of clients in Court. I was attracted to the ability to advocate on behalf of clients and protecting their interests against the vast resources of the state and sharing their life story to the Court in a persuasive and compelling way.

I was particularly attracted to assisting young people who have been charged following a once off mistake and ensuring that their life is not impacted through a conviction; young people can sometimes make mistakes and ensuring that they are not punished for the rest of their lives due to these mistakes is extremely important to me.

The most challenging part of the practice area is that many clients that I act for have similar issues which aren’t addressed at a broader level in society, and therefore people fall through the cracks into the criminal justice system. Homelessness, unemployment, mental health and drug addiction issues are so common in the criminal law and if significant resources were aimed towards these particular areas, a lot of court resources and prison resources would be saved in the process.

Another challenge is the range of different pressures, particularly when acting for clients in custody, there is pressure to obtain bail or to be acquitted, client’s families can also place pressure on you as well as the Court with time constraints, delays and procedural issues that arise. There is also the pressures of a large and varied workload, with competing priorities where each case deserves due care and attention at all times.

DO YOU RECOMMEND ANY BOOKS, PODCASTS ETC. FOR STUDENTS TO READ/LISTEN TO IF THEY WANT TO LEARN MORE ABOUT THIS AREA OF LAW? I recommend the following podcasts – Williams and Lonsdale – Greens List The Wigs Naked City The Felon Show Killer Cross Examination The Dark Money Files Life and Crimes with Andrew Rule

I recommend the following books – Galbally for the defence – Frank Galbally Galbally! – Frank Galbally The Devil's Advocate – Iain Morley The art of questioning – thirty maxims of cross examination – Peter Brown

I highly recommend becoming familiar with the Judicial College of Victoria Charge Books and Sentencing Manuals, they are an invaluable resource.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 13

FAMILY LAW The family law system in Australia provides assistance to individuals in resolving legal aspects related to their family relationships. It encompasses a wide range of issues, including family relationship breakdowns, divorces, emancipation, child support, property settlements, and more. One of the primary objectives of family law is to encourage parties to reach agreements and resolve their legal matters without resorting to court proceedings.

In the context of married and de facto couples, family law is primarily governed by the Family Law Act 1975 (Cth), and most cases are heard in either the Family Court of Australia or the Federal Circuit Court of Australia. However, matters pertaining to adoption and child protection are governed by state legislation.

Working in family law requires a diverse set of skills. Family lawyers need to be proficient in litigation and dispute resolution practices. They often deal with emotionally charged situations involving broken families, requiring them to separate their personal emotions from their legal work in order to provide the best possible assistance.

Family violence is a significant aspect of family law. Family lawyers play a crucial role in working with clients and professionals to navigate the complexities of the family violence system. In addition to having in-depth knowledge of the law, professionals working in the family violence sector require a comprehensive understanding of the unique psychological dynamics involved in such cases. This understanding enables them to effectively address and manage the complexities of family violence matters.

The field of family law continually evolves, and practitioners must stay up to date with legal developments and best practices. By honing their litigation and negotiation skills, family lawyers can navigate the intricacies of family law cases and support their clients in achieving fair and sustainable resolutions.

Family law plays a vital role in helping individuals and families navigate legal challenges and find resolution in various aspects of their relationships. Skilled family law professionals provide essential guidance, support, and advocacy to clients during these often emotionally challenging times.

NOTABLE ORGANISATIONS AND FIRMS Carew Counsel Solicitors Melbourne Family Lawyers Blackwood Family Lawyers

VOLUNTEERING OPPORTUNITIES Brimbank Melton Community Legal centre Djirra First Step Legal Service Fitzroy Legal Service Law and Advocacy Centre for Women

CORRESPONDING ELECTIVES If you are interested in learning more about the family law practice area, consider undertaking the MLL320 Family Law elective andMLL 420 Family Law Clinic

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 14

Q&A Sally Nicholes NICHOLES FAMILY LAWYERS

CAN YOU PLEASE PROVIDE AN OVERVIEW OF THE WORK YOU MOST COMMONLY COMPLETE AS MANAGING PARTNER? I oversee a firm of family lawyers who work to resolve issues such as relationship breakdown, property settlement and complex parenting arrangements. The type of work involved includes meeting with clients, providing legal advice, drafting legal documents and supporting clients through mediation and court. The issues we encounter are often highly personal, so we work towards resolving matters through alternative dispute resolution methods (rather than through court) where it is in the client’s best interests to do so. To that end, we work in partnership with other professionals such as psychologists, counsellors, financial advisers and accountants to help achieve the best possible outcomes for clients and their families.

WHAT OPPORTUNITIES DO YOU RECOMMEND STUDENTS PARTICIPATE IN IF THEY WANT TO GAIN EXPOSURE TO THIS PRACTICE AREA? Working or volunteering as a clerk, paralegal, or administrative assistant in a family law firm or community legal centre is a fantastic way to gain exposure to the industry. Nicholes Family Lawyers has a small team of clerks who support the firm in areas such as legal research, blog writing, drafting of legal documents and business development. Supporting lawyers with their day-to-day tasks is one of the best ways you can prepare for a future career in family law.

I would also recommend joining any relevant university clubs and attending events with lawyers in the industry. Club membership provides a great opportunity to meet like-minded students who will end up being your future network and these events help shed some light on the work that family lawyers do.

WHAT SKILLS AND ATTRIBUTES ARE CRUCIAL TO SUCCEED IN THIS AREA? While skills like attention to detail, problem solving, and a strong work ethic are important to all legal roles, there are some unique attributes that set people up for success in family law.

Specifically, the ability to effectively communicate and manage client relationships is a crucial skill in family law. Many of the matters we deal with are emotionally charged and it is important to be able to distil complex legal concepts and make them accessible to clients who are often highly distressed.

DO YOU RECOMMEND ANY BOOKS, PODCASTS, ETC FOR STUDENTS TO READ/LISTEN TO IF THEY WANT TO LEARN MORE ABOUT THIS AREA OF LAW? I may be biased, but the Nicholes Family Lawyers podcast is an excellent resource for all things family law. Our podcasts are run by lawyers within the firm and we often invite guests to share their perspectives. We cover a range of topics, including advice for young lawyers, financial considerations when undergoing divorce, significant changes to the law, and other recent news in family law. The podcast is accessible from our website and Spotify.

WHAT IS THE BIGGEST MISCONCEPTION ABOUT THIS AREA? The biggest misconception about family law is that all we do is divorces. In reality, our firm covers a wide range of practices including adoption, binding financial agreements, child protection, complex property and trusts, family violence and intervention orders, financial matters, international child abduction, international family law, LGBTIQA+ matters, and surrogacy. Nicholes Family Lawyers also has a firm commitment to pro bono work in these areas. With so much variety at work, there is never a dull moment!

WHAT DO YOU FIND MOST CHALLENGING ABOUT PRACTICING IN THIS AREA? The most challenging aspect of working in family law is seeing the issues some of our clients are confronted with. Clients often come to us during what is often the most difficult times in their lives, but it is extremely rewarding to be able to help them navigate the law and achieve the outcome they are looking for. We are also exceptionally proud of our pro bono work because we can extend this help to those in need.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 15

SUCCESSION PLANNING Wills and estates law is rapidly gaining popularity and prominence, primarily due to Australia's ageing population. Lawyers practicing in this field offer a range of services related to estate planning and administration. They guide individuals through the necessary procedures, address potential issues, and assist in preparing for any litigation that may arise in the context of estate disposal. Wills and estates lawyers primarily work with succession law, trusts, property law, and taxation law.

Solicitors specializing in wills and estates assist clients in drafting wills and trusts, appointing powers of attorney, designating enduring guardians, and creating other essential documents for the administration of their estates after their passing or during periods of incapacity. In order to achieve these objectives, these solicitors may help clients conduct audits of their assets, ensure appropriate provisions for beneficiaries, and securely store their wills. Additionally, they provide assistance to executors in distributing assets and offer counsel and representation in cases where someone passes away without a will (intestate), or when there are disputes over existing wills or estates.

Working in wills and estates law requires a comprehensive understanding of legal intricacies and a high level of attention to detail. Lawyers in this field play a crucial role in safeguarding their clients' wishes, ensuring that their assets are appropriately managed and distributed according to their intentions. They provide valuable guidance throughout the estate planning process, helping individuals make informed decisions to protect their legacies and provide for their loved ones.

As the field of wills and estates law continues to evolve, practitioners stay updated with legal developments, changing taxation regulations, and emerging practices to better serve their clients' needs. By providing expert advice, drafting accurate documents, and offering guidance during complex legal proceedings, wills and estates lawyers help individuals navigate the complexities of estate administration and provide peace of mind for their clients and their families.

NOTABLE ORGANISATIONS AND FIRMS Madgwicks Lawyers SportsLawyer Cooper Grace Ward Lawyers Wisewould Mahony Lawyers Paul Horvath Lawyers Norton Rose Fulbright Thompson Geer Lawyers

VOLUNTEERING OPPORTUNITIES Southport Community Legal Service

CORRESPONDING ELECTIVES MLL362 Succession Law

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 16

Q&A Nicholas Plummer GRICE LEGAL

IN YOUR PRACTICE AS A SUCCESSION PLANNING LAWYER AT GRICE LEGAL, WHAT WORK DO YOU MOST COMMONLY COMPLETE? Estate planning involves the preparation of wills and powers of attorney for clients which sets out how they want their affairs to be managed when they lose capacity or pass away, and how they then want their assets to be divided. It also involves providing the clients with advice regards to the various options that are available to them to a protected their assets for their children and grandchildren and to minimise or take into account any tax issues, issues with former partners or estranged children and the like.

WHAT SKILLS AND ATTRIBUTES ARE CRUCIAL TO SUCCEED IN THIS AREA? A competent estate planning lawyer will of course be familiar with the law regarding wills and probate, but should also have an understanding of capital gains tax, superannuation, land law including land tax and stamp duty, and a general knowledge of family law and how assets are treated in the breakdown of a de facto relationship or marriage. In addition to understanding the legal concepts, a good estate planning lawyer will be a good problem solver. Being able to formulate a plan that fits within the legal concepts is important.

WHAT IS THE BIGGEST MISCONCEPTION ABOUT THIS AREA? Many people believe that estate planning is simply preparing a will and filling out documents.

It is, of course, more than just preparation of the document. You need to listen to what the clients want, consider what might happen in the future, then advising the best way to achieve their goals. It is then important that the will is properly drafted. Issues can easily arise in complex matters if a document is not clearly drafted, leaving gaps in the plan. This can come back to haunt the lawyer if their advice or drafting wasn’t accurate.

WHAT DO YOU FIND MOST CHALLENGING ABOUT PRACTICING IN THIS AREA? The most challenging aspect of this area can also be the most rewarding. Often clients have an end goal that is difficult to achieve and will take lateral thinking to find a solution, and sometimes gentle persuasion of clients to understand that something they want cannot be achieved or there is a more detailed way to go about it. Most people will want a will to protect their assets, many won’t understand the concepts, having the patience to explain concepts to clients in lay terms can also be difficult at times.

IS THE PRACTICE AREA LITIGIOUS OR TRANSACTIONAL? This area of law I would say start off transactional, but it can very quickly become litigious.

When you’re dealing with complications such as blended families or estranged children, combine it with some grief and money, it doesn’t take much for people to become upset and to issue proceedings challenging a will being distributions from the state. It is very much an area of law where you need to be considering what the worst-case scenario could be when providing advice and drafting documents.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 17

ENVIRONMENTAL LAW Environmental law refers to those laws that are designed to protect the environment. More specifically, it’s a collection of treaties, regulations, statutes, conventions and case law that governs how humans interact with their environment. Its purpose is to protect the environment and create rules for how people can use natural resources. It not only aims to protect the environment but regulates pollution, the use of natural resources, forest protection, mineral harvesting and animal and fish populations.

Environmental lawyers engage with various issues addressed by environmental law, ranging from implications of major project applications, biodiversity protection, pollution control and waste management. You’ll have an opportunity to work with a range of non-legal professionals, including architects, ecologists and archaeologists and make use of their expert opinion and reports. Not only that, you’ll work with an extensive number of stakeholders that entail environmental cases, including the government, local policyholders, businesses, advocacy groups and indigenous people.

NOTABLE ORGANISATIONS AND FIRMS Best Hooper Environmental Justice Australia TP Legal King & Wood Mallesons Allens MinterEllison Herbert Smith Freehills

VOLUNTEERING OPPORTUNITIES Environmental Justice Australia Australian Earth Law Alliance

CORRESPONDING ELECTIVES MLL426 - Mining and Energy Law

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 18

CYBER LAW Cyber and technology law is a rapidly expanding field that encompasses various aspects of intellectual property, cyber security, criminal law, and commercial law. As society becomes increasingly reliant on technology, there is a growing demand for legal professionals with expertise in this area. Deakin University now offers a double degree program in Law and Cyber Security, providing students with a comprehensive foundation. However, even if you're not enrolled in this specific course, you can still enter the industry by pursuing coding or cyber security short courses or certificates alongside your studies.

Technology law places significant emphasis on privacy and data protection. Given the wideranging impact of these issues, legal professionals in this field work with diverse clients, including individuals, companies, government agencies, and defence organizations. They provide assistance and guidance in navigating the complex landscape of privacy regulations and data management.

In recent years, there has been a particular focus on the privacy and data security of lawyers themselves. As legal professionals deal with highly confidential information, they have become prime targets for cyber-attacks. Protecting the privacy and safeguarding the data of legal practitioners has become a crucial area of concern.

By specializing in cyber and technology law, legal professionals have the opportunity to address emerging legal challenges in the digital era. This includes issues related to intellectual property rights, data breaches, cybercrime, privacy regulations, and the legal implications of technological advancements.

As technology continues to advance, the demand for skilled cyber and technology lawyers will only increase. By staying updated on the latest developments and acquiring relevant skills, legal practitioners can effectively navigate the complexities of this dynamic field and provide valuable expertise to clients across various sectors.

NOTABLE ORGANISATIONS AND FIRMS Holding Redlich King & Wood Mallesons K&L Gates Microsoft Sladen Legal Telstra Wiselaw

CORRESPONDING ELECTIVES MLL444 - Data law, Privacy and Cybercrime.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 19

EMPLOYMENT/ WORKPLACE LAW Whether people are not getting paid for mandatory training or a business needs to terminate an employment contract in a fair way, employment law underpins every workplace relationship.

This area of law focuses on advocating for employees to ensure that they are afforded their rights in a work setting and also working with business to uphold fair processes for dealing with employees, be it with payment, training, or leave requirements.

Employment law works to prevent discrimination and bullying at work, ensure a safe workplace, establish wage and leave entitlements, and provide a system to manage workplace disputes.

There are a number of different acts that govern employment law in Australia, including the Fair Work Act, National Employment Standards, Work Health and Safety Standards, as well as industry awards. If an employee believes there has been an issue with their workplace environment this is brought up with the Fair Work Commission or the Fair Work Ombudsman, depending on the type of issue.

If you have an interest in alternative dispute resolution, employment law may be a good option, with disputes regularly being resolved through conciliation and arbitration over traditional litigation.

NOTABLE ORGANISATIONS AND FIRMS Fair Work Commission Fair Work Ombudsman Slater and Gordon Maurice Blackburn Unions

VOLUNTEERING OPPORTUNITIES Jobwatch Association of Employees with a Disability (AED) Legal Centre Young Workers Centre Justice Connect University of Melbourne Student Union Legal Service

CORRESPONDING ELECTIVES MLL342 - Workplace Law. MLL420 - Deakin Law Clinic (employment law)

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 20

HUMAN RIGHTS LAW Human rights law is a largely pro-bono field of law that aims to advocate for vulnerable people whose intrinsic rights are being impeded on. This area can vary from labour rights to refugee and migration law, all with the focus on protecting people and their rights.

Australia, unlike many other countries, does not have a bill of rights, so most of the rights afforded to Australians are sourced from the Constitution, ratified treaties, legislation, and common law.

A crucial skill required in human rights law is to have an understanding of international law. As a Human Rights lawyer, you utilise knowledge of how treaties entered into by Australia impact the rights of Australians.

Having an interest in social justice causes can be a motivating factor for professionals in this discipline, so staying up to date in current affairs and events is important. Some lawyers involved in human rights law may also advocate for policy change to better protect these rights so having experience in policy and advocacy may also be helpful in this area. There is no clear path to a career in human rights law, but many lawyers begin by undertaking internships volunteering with human rights organisations, or taking on pro bono cases once they are established in other areas.

NOTABLE ORGANISATIONS AND FIRMS Human Right Law Centre Victorian Equal Opportunity & Human Rights Commission Refugee council Liberty Victoria

VOLUNTEERING OPPORTUNITIES Refugee council Asylum Seeker Resource Centre Human Right Law Centre Liberty Victoria

CORRESPONDING ELECTIVES MLL211 - Human Rights Law MLL394 - Migration and Refugee Law and Policy Keep an eye out for various intensive units offered, which frequently address issues in human rights law such as modern slavery

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 21

Q&A Rabiah Khawaja WLW MIGRATION LAWYERS

RABIAH, CAN YOU PLEASE PROVIDE US WITH SOME INSIGHT INTO THE TYPE OF WORK YOU MOST COMMONLY COMPLETE? Migration and humanitarian law involves an array of different kinds of work. It ranges from completing applications to the Department of Home Affairs such as student, partner, skilled, protection and global talent visas. My work also involves working on cancellation and revocation of visa matters, representing clients with appeals of visa refusals/cancellations at the Administrative Appeals Tribunal and Federal Circuit and Federal Court of Australia, and also submitting Ministerial Intervention Requests directly to the Minister for Immigration, Citizenship and Multicultural Affairs.

WHAT SKILLS AND ATTRIBUTES ARE CRUCIAL TO SUCCEED IN HUMAN RIGHTS LAW? Passion, empathy, and dedication are key characteristics one must have to work in the field of human rights. The migration and humanitarian field is constantly changing & evolving, and there is an ongoing need to upskill and be informed of the law and policy changes that occur – therefore attention to detail and ability to work in a fast paced are also crucial skills one must have to be successful in this field.

WHAT DO YOU FIND MOST CHALLENGING ABOUT PRACTICING IN THIS AREA? The most challenging part in this field is seeing how the law affects migrant individuals and their families. Many migrants, especially those applying for humanitarian visas, have spent a number of years separated from family and loved ones whilst they fight for their right to seek asylum in Australia.

IN ONE SENTENCE, CAN YOU TELL STUDENTS WHY THEY SHOULD CHOOSE TO PURSUE A CAREER IN THIS PRACTICE AREA? While the human rights field is challenging, it is by far one of the most rewarding areas to work in and where you can see the difference you make to people’s lives.

WHAT OPPORTUNITIES DO YOU RECOMMEND STUDENTS PARTICIPATE IN IF THEY WANT TO GAIN EXPOSURE TO THIS PRACTICE AREA? I would recommend gaining practical experience in this area before committing to pursuing it – this can be done by undertaking internships, short placements, working as a paralegal or undertaken volunteer work. Undertaking electives in the human rights/refugee areas can be an added bonus, however work experience provides good exposure to the field.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 22

MIGRATION LAW Migration law entails a variety of career possibilities, from being a migration lawyer, a member of the Department of Home Affairs, to a human rights lawyer specialising in helping refugees and asylum seekers. In these roles, you will be working with people who are seeking to migrate to Australia and obtain a visa for this purpose. There are numerous different types of visas available, and each is designed for different purposes of entry, including to work, to live with a partner / family member, to study…etc. and each has different conditions which must be satisfied for the client to be granted and keep their visa. A migration lawyer’s job is to help them navigate these often complex conditions and apply for and maintain their visas. Alternatively, a lawyer interested in social justice and the rights of refugees may work to represent refugees in court, give legal advice, help them complete immigration paperwork and other related tasks. These lawyers may work with private law firms, non-governmental organisations and international organisations.

Under the Migration Act 1958, anyone who uses, or purports to use, knowledge of, or experience in migration procedures to provide advice or assistance must be registered as a migration agent. Practicing lawyers are no exception – they must obtain a Migration Agent’s licence separately from their legal practicing certificates before they can advise clients on their visa options and lodge visa applications on their behalf. Migration Agent’s licence entails several requirements which must be satisfied, which can be found in the Office of the Migration Agents Registration Authority (MARA)’s website: mara.gov.au.

Want to hear more about careers in migration law? We’d recommend that you check out the DLSS Before the Court Podcast. We have recorded an interview podcast with Maria Jockel, an experienced immigration lawyer who offers invaluable information on all aspects of immigration and citizenship law.

NOTABLE ORGANISATIONS AND FIRMS Refugee Legal (CLC) WPM Lawyers WLW Migration Lawyers Visatec Legal Ethos Migration Lawyers Hammond Taylor Abode Migration Lawyers Department of Home Affairs VOLUNTEERING OPPORTUNITIES Numerous organisations (particularly relating to refugees and asylum seekers) run primarily through help from volunteers, and most of them accept student volunteers. Some such organisations include: Refugee Legal Refugee Advice & Casework Service (RACS) Refugee And Immigration Legal Service Asylum Seeker Resource Centre (ASRC)

CORRESPONDING ELECTIVES MLL394 - Migration and Refugee Law and Policy

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 23

Q&A Ricky Bustos WPM LAWYERS

CAN YOU PLEASE PROVIDE AN OVERVIEW OF THE TYPE OF WORK YOU MOST COMMONLY COMPLETE AS A MIGRATION LAWYER? At WPM Lawyers, we are a migration law firm. Our primary focus is working with employers and employees. Most of the migration law we do is related to the intersection of Australian work rights, and the employee/employer relationship. Often our clients are businesses, who needs a specific type of worker, or a specific employee, to come and work in Australia. We work for Universities, ICT companies, food manufacturers, engineering firms and aged care facilities, to name a few.

WHAT ATTRACTED YOU TO WORKING IN THIS AREA? I really enjoyed employment law at university. Then an opportunity arose early in my career to work within the migration law space, and after a few years, I began to focus on the intersection of the two.

I also discovered that migration law was mostly, a 'happy' area of the law. The outcomes received often mean a great deal to the business, and even the employee.

WHAT OPPORTUNITIES DO YOU RECOMMEND STUDENTS PARTICIPATE IN IF THEY WANT TO GAIN EXPOSURE TO THIS PRACTICE AREA? Migration law is very technical and is continuously updated. So, getting work experience within a migration law firm, or volunteering at a refugee/asylum seeker agency, gives you a good introduction to the legal background required to succeed in migration law.

WHAT SKILLS AND ATTRIBUTES ARE CRUCIAL TO SUCCEED IN THIS AREA? Good research and writing skills will go a long way for the technical aspects of our work. Many terms within the application process are regulated terms, so knowing how to find that information out is crucial.

Having empathy and patience will assist with many of the personal aspects involved in migration law. For some people, even though they are being brought in to work, living and remaining in Australia permanently, is a significant event in their lives. It will affect not only their lives, but the lives of their children and extended families.

HOW DOES YOUR AREA DIFFER FROM HOW PEOPLE OUTSIDE THE PROFESSION VIEW IT AS? The biggest misconception I hear often, is that the bulk of what we do is to fill in forms and you can just follow the Immigration website. While there are many forms to complete, fundamentally, there is the Migration Act, Migration Regulations, and numerous legislative instruments and Ministerial Directions which affect the information, and evidence in support of an application. If you get that wrong, in some cases you cannot salvage that application and the opportunity to be successful in a visa might be lost forever.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 24

PROPERTY LAW Most people would think that property law only concerns real property (land). However, it also includes personal property such as chattels, and even intellectual property. Native title is also covered by the area of property law.

Property law is a broad area of law, meaning all different types of firms specialise in this area. Property law is seen in small boutique suburban law firms who mainly deal with conveyancing, right to top tier firms.

Property law is governed in Australia by the utilitarianism belief that those who own property should continue to improve it, to improve society. This is reflected in the legislation for property law. Property law ensures that everyone is able to have their rights protected, and benefits those who try to benefit society.

Want to hear more about careers in property law? We recommend that you check out the DLSS' Before the Court Podcast. We have recorded an interview with Erin Ritchie, a lawyer in the property law team at Corrs Chambers Westgarth.

NOTABLE ORGANISATIONS AND FIRMS Herbert Smith Freehills Corrs Chambers Westgarth Grice Legal Lander & Gogers Coulter Legal

VOLUNTEERING OPPORTUNITIES Fitzroy Legal Service Brimbank Melton Community Legal Centre Inner Melbourne Community Legal Centre

CORRESPONDING ELECTIVES

MLL327 - Property Law and MLL325 - Land Law are both compulsory units at Deakin Law School. As an elective, if interested in learning more about this practice area, MLL410 – Intellectual Property may be of interest.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 25

Q&A Rachel Baker GRICE LEGAL

CAN YOU PLEASE PROVIDE AN OVERVIEW OF THE TYPE OF WORK YOU MOST COMMONLY COMPLETE AS A TRAINEE LAWYER? My traineeship at Grice Legal is providing experience in many areas of law; however, I commonly practise in Property Law. A typical day in this area of law can range from a residential conveyance, through to drafting and negotiating a complex commercial development contract. We are often resolving property disputes, discussing the implications of holding property in certain capacities to consider federal and revenue taxes, considering trust and estate holdings to maximise future benefits, together with working with other authorities in environmental law and planning developments.

WHAT ATTRACTED YOU TO WORKING IN THIS AREA? I had a slightly different entry into the world of law and property after taking a summer job at a small conveyancing firm between finishing school and starting my biomedical science studies.

During my undergraduate degree, I found that I had a keen interest at my job in property law and the overhaul of the industry while it moved to electronic conveyancing. In my final year of biomedical science, I was more drawn to the policy side of the subjects rather than the science and I knew that I had to pursue a post-graduate in this area. A mix of my gained professional skills and genuine interest in policy led me to the Juris Doctor at Deakin University. My favourite and most successful studies were contract law, property law, and land law, together with trusts and equity. I thoroughly enjoyed the policy insight that the Juris Doctor provided as it enabled a greater understanding of the context in which laws are created and how they are a response to our communities social, economic, and political issues. After spending some time in a member support consulting role at PEXA, I decided it was time to pursue practising the law and knew that property law was my niche given my past experiences and professional passions.

I enjoy that property law often has a tangible outcome, in that for example, after a successful settlement, clients reap the benefits of your work in enjoying the legal security of their new home. I appreciate ongoing learning opportunities and like the diversity and challenges that property law can give in relation to problem solving and strategising on behalf of a client.

Often successfully developing a strategy is underpinned by your policy knowledge and ability to use that to your client’s advantage. Ultimately, I enjoy this area of industry as it gives the opportunity to help clients achieve their goals.

WHAT OPPORTUNITIES DO YOU RECOMMEND STUDENTS PARTICIPATE IN IF THEY WANT TO GAIN EXPOSURE TO THE PROPERTY LAW PRACTICE AREA? I was fortunate to learn some foundation skills of this area at the conveyancing firm to which eventually transitioned into a Senior role, however it is an industry where colleagues genuinely collaborate to get the mutually successful outcome for clients. Given this, I would recommend if you are interested in this area to reach out to local property law firms to see if you could spend some time with either their in-house conveyancer or for more variety, their property lawyer, as I think it would be beneficial to gain insight into the every-day running of their files and the challenges that are overcome. Additionally, participating in any University events to build up your confidence and networking is invaluable. Joining societies and attending the extra-curricular events (which I know can be daunting and time-consuming) can present opportunities where you are with like-minded professionals, gaining an insight into this area and possibly an opportunity for a professional position. There are some PEXA based events that will give you a good overview of their role in the industry of conveyancing, together with industry partners like Stewart Title who will discuss liabilities and risks in purchasing property that are for the every-day consumer.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 26

Q&A Rachel Baker GRICE LEGAL

WHAT SKILLS AND PROPERTY LAWYER?

ATTRIBUTES

ARE

CRUCIAL

TO

BE

A

SUCCESSFUL

Depending upon the scale of work you are doing, negotiation skills can be required in litigation-based matters or securing a deal on behalf of your client. You need to take complete instructions and anticipate your clients needs as it can be a fast-paced industry where being pro-active can be the difference in successfully finalising a complex matter. As always, attention to detail is required due to the complexity of legal contacts and documents and understanding the practical obligations that these may place on your client. Time management! Tight deadlines in this industry means you need to be able to diligently manage your time between matters and prioritise appropriately to deliver quality work.

WHAT IS THE BIGGEST MISCONCEPTION ABOUT THIS AREA?

Arguably the biggest misconception about property-law is that people think it is boring paperwork, limiting and procedural. I’d argue that like any area of law, it requires a keen eye for detail, the ability to solve problems, an organised file and a passion for seeking a genuine outcome for your client. There is more to property law than conveyancing, and although the demand for conveyancing is high given the real estate movement in Australia, this is only one small part of property law. Property law intersects with environmental and planning law, land use and urbanisation, revenue taxes and finance law, managing risks when developing property, the list goes on! I’d encourage people to think about the intersection of this industry with our every-day lives and how as a professional in this industry we have an important role to play in promoting responsible and sustainable practises in developing our environment to ensure access, inclusivity, and safety for all.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 27

INTELLECTUAL PROPERTY LAW Intellectual property is the law surrounding the ownership of ideas. This covers a wide range of fields, from trademarking logos of businesses and artists, to patents of medical breakthroughs, focusing on providing recognition and financial gain for the person establishing the idea.

Intellectual property largely takes three forms: copyright, trademarks, and patents.

Copyrights are rights provided to authors/creators of artistic and literary work which can take the form of a book, painting, or song for example.

Trademarks protect a sign or symbol that acts to distinguish a good or service from other enterprises.

Patents are rights attached to an invention that allows the inventor to determine if and how the invention can be used by others.

This area of law is strongly linked to property law so, while it isn’t necessary, having an interest in property law may be a good indication you may enjoy intellectual property. Due to the wide-reaching nature of intellectual property law, working in this area allows you to with either individuals or corporations.

NOTABLE ORGANISATIONS AND FIRMS IP Australia Herbert Smith Freehills Hall & Willcox Holding Redlich K&L Gates MST Lawyers Piper Alderman Sladen Legal

VOLUNTEERING OPPORTUNITIES MLL337 - Venture Law Clinic MLL351 - Legal Internship (at Madison Branson Lawyers)

CORRESPONDING ELECTIVES MLL410 - Intellectual Property

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 28

ENTERTAINMENT/ ARTS/MEDIA LAW Entertainment law (also referred to as media or arts law) is an amalgam of laws that apply to the entertainment industry. It covers an area of law which encompasses various types of media (television, advertising, video games, theatre, music, movies, print media, and other forms of publication).

Legal professionals working in this field could expect to engage legal issues that relate to the operation of the entertainment industry, which include intellectual property, employment, contract, torts, defamation, criminal, tax, insurance, and privacy laws.

Most of the work carried out will be transaction-focused (for example contract drafting, negotiation, and mediation).

Want to hear more about careers in entertainment / arts / media law? Check out the DLSS' Before the Court Podcast. We have recorded an interview with David Vodicka covering his career as a Partner at Media Arts Lawyers.

NOTABLE ORGANISATIONS AND FIRMS Media Arts Lawyers Holding Redlich MinterEllison Hall & Wilcox Keypoint Law Marshall Dent Wilmoth Lawyers Arts Law Centre of Australia (CLC)

VOLUNTEERING OPPORTUNITIES Arts Law Centre of Australia Find out more at: www.artslaw.com.au/support/volunteer

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 29

Q&A Marcus Walkom MEDIA ARTS LAWYERS

WHAT ATTRACTED YOU TO PURSUE A CAREER IN THIS PRACTICE AREA? The thought of listening to music as part of my job, and representing and hanging out “backstage” with musicians day-to-day was far too exciting not to pursue. The reality is somewhat different of course (lawyers do not often get invited backstage…) but to be involved in a creative industry that has such an impact on pretty much everyone’s lives, and to work with some incredibly talented and inspiring people makes the long hours all the more worth it!

WHAT STEPS DID YOU TAKE EARLY IN YOUR CAREER TO ESTABLISH YOURSELF IN THIS FIELD? As an obsessed musician and music fan, the penny dropped when I received some career advice during my university days that you should try and marry your vocation with your passion. An online search later revealed the music industry needed lawyers and I was off.

Contacting local law firms who specialised in the area whilst still studying – there were only a couple – I was quickly told thanks, but no jobs. I realised the more niche the area and the more exciting the area of law, the less jobs there were available. This happened repeatedly for around 5 years and it was not until I had gained some litigation and general commercial law experience that I was ready. There were no jobs locally so I took myself off to London where an intern role got my foot in the door. I then worked incredibly hard to ensure I knew everything about the industry and everyone in the industry, in an effort to make myself invaluable.

WHAT TYPE OF WORK IS INVOLVED, AND WHAT IS DAY-TO-DAY LIFE LIKE PRACTISING THIS AREA? It is a very commercially driven practice area. A sound understanding of IP (most pertinently copyright) is, of course, necessary, but a more general understanding and experience in commercial practice is equally as important. The biggest value-add the lawyers from our firm offer – and probably the most important part of the practice - comes from the deep knowledge and understanding of the music and entertainment industries, combined with an incredibly wide global network. A wild and wonderful industry all in one, it has many nuanced ways in which it operates outside of many other industries. So being across those and the (many) happenings within the industry itself is a key part of day-to-day life.

WOULD YOU CONSIDER IT IMPORTANT TO HAVE EXPERIENCE IN OTHER PRACTICE AREAS? AND WHAT OTHER AREAS OF LAW ARE COMPLIMENTARY? Yes, as per above, having a broad and more general experience in commercial law (there’s plenty of drafting!) and, of course, a sound understanding of IP would be the best experience to bring to the area from a legal perspective. But probably the most valuable attributes would be a passion for music and a general understanding of the industry and the key-players (i.e. companies/executives etc.) combined with a mind for deal-making and deal structuring.

HOW DOES YOUR AREA DIFFER FROM HOW PEOPLE OUTSIDE THE PROFESSION VIEW IT AS? We provide commercial advice and at times more broad career guidance to our clients that is focused on the specifics of the music and entertainment industries – we become a member of the artist's “team” and are often responsible for procuring deals for them both locally and internationally (depending on their needs). So we differ in the way that we are probably more proactive in our involvement than many people may think (and perhaps more so than lawyers in other industries/practice areas).

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 30

HEALTH LAW Health Law is a broad avenue of the legal system, which involves any form of law that affects the health of an individual and the public as a whole. This includes laws regulating the public's health, the delivery of health care services, as well as regulating the health industry overall. Health law incorporates quite a large number of legal industries, ranging from public health law to medical law and medical negligence.

If you are a student interested in creating change in the public health or healthcare system, health law is the perfect avenue for you. Being involved in health law could allow you to participate in creating change and regulating the health of everyone at a local, state or national level. Health law is constantly evolving and will always be an integral cog of the legal industry.

NOTABLE ORGANISATIONS AND FIRMS Health Legal Russell Kennedy Lawyers Meridian Lawyers

CORRESPONDING ELECTIVES MLL330 - Health Law

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 31

Q&A Sonja Read MINTER ELLISON

SONJA, WHAT TYPE OF REGULATORY LAWYER?

WORK

IS

INVOLVED

WITH

BEING

A

HEALTH

I am a health regulatory lawyer. I advise Health Departments and private organisations on compliance with health legislation and the rules around medical research. This is a really broad and challenging area of law, as there is always something new happening and you are often involved in real-time health situations. In recent times, providing legal input into aspects of the Australian COVID-19 response was particularly fulfilling. I have also been involved in a number of reported cases on seeking court authorisation for life-saving treatment for children. Increasingly, I am advising on privacy compliance and management of data breaches.

WHAT SKILLS AND ATTRIBUTES ARE CRUCIAL TO SUCCEED IN THIS AREA? Clients in the health sector are usually only interested in practical advice. The ability to reduce complex law into understandable recommendations is key. I also think that a genuine curiosity into the health sector and the challenges is important. I am constantly learning about the sector, and its evolving landscape (e.g. AI and machine learning).

WHAT ATTRACTED YOU TO WORKING IN THIS AREA?

I completed a Bachelor of Science (Neurobiology) as a dual degree with law, and have always been interested in medical science. The content keeps me interested in learning and developing as a lawyer.

WHAT OPPORTUNITIES DO YOU RECOMMEND STUDENTS PARTICIPATE IN IF THEY WANT TO GAIN EXPOSURE TO THIS PRACTICE AREA? Electives that deal with privacy, health law, and emerging legal issues will give you a flavour of the current challenges in the sector. Volunteering at pro bono clinics is also an excellent opportunity to practice explaining law in a straight forward way.

DO YOU RECOMMEND ANY BOOKS, PODCASTS, ETC. FOR STUDENTS TO READ/LISTEN TO IF THEY WANT TO LEARN MORE ABOUT THIS AREA OF LAW?

I enjoy anything published by The Hastings Centre: The Hastings Center - Health, Science, and Technology Ethics.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 32

SPORTS LAW Sports law is not a single area of law, but a collection of laws that apply to the sports industry, athletes and other related stakeholders. Legal professionals working in this field engage in various areas of law that impact the sports industry – for example, personal injury (when a person is injured inside or outside the field of play), intellectual property law (for example, to protect the brand of a sporting team), contract law (contracts between professional athletes and the teams that employ them).

Sports law is not restricted to professional sports, but recreational sports as well. For example, the laws that apply to young athletes relating to safety equipment, coach training requirements, and sports clubs are all within the scope of sports law.

Sports lawyers have the opportunity to work on a broad range of legal issues that encompass contract, trademark, personal injury, employment and criminal laws, all from a sporting perspective.

NOTABLE ORGANISATIONS AND FIRMS Madgwicks Lawyers SportsLawyer Cooper Grace Ward Lawyers Wisewould Mahony Lawyers Paul Horvath Lawyers Norton Rose Fulbright Thompson Geer Lawyers

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 33

PERSONAL INJURY LAW Personal injury law refers to the law surrounding claims for personal injury, such as in the workplace or during a transportation accident. Often, individuals are unable to undertake their usual occupation or life due to injury, so personal injury compensation schemes have been put into place to ensure these people have assistance available.

Lawyers involved in this field assist individuals to navigate the tricky legal system and gaining compensation for injuries and any situation that arises from such events. If you are a student who has a passion for helping others and ensuring that individuals have the opportunity to be compensated for injury-related events, this area of law is perfect for you.

Personal injury lawyers will typically interact with other areas of law. These areas include sports law, health law, medical law, and superannuation law. People can make claims if they are affected by health care providers, if they suffered an injury within a sporting context, or even if they have suffered an injury due to asbestos for example.

This field of law can be extremely broad, hence the interaction with other areas of the law.

NOTABLE ORGANISATIONS AND FIRMS Maurice Blackburn Lawyers Shine Lawyers Arnold Thomas & Becker

CORRESPONDING ELECTIVES MLL225 - Personal Injury Compensation Schemes MLL330 - Health Law

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 34

Q&A Paul A Czarnota BARRISTER VICTORIAN BAR

PAUL, AS A BARRISTER PRACTICING IN PERSONAL INJURY LAW, WHAT DOES YOUR WORK LOAD GENERALLY LOOK LIKE? A large part of my work is in personal injuries litigation, running a variety of causes and jury trials before judges in the Victorian Supreme Court, Court of Appeal, and County Court most weeks of the year. The work includes running (or defending) WorkCover and TAC damages trials, "Serious Injury" applications, occupiers liability / public liability hearings, and related appeals including Supreme Court/Court of Appeal judicial review applications of Medical Panel decisions rendered in the WorkCover or Wrongs Act spaces. If you like the opportunities to be regularly in court, this area is one for you!

WHAT SKILLS AND ATTRIBUTES ARE CRUCIAL TO SUCCEED IN THIS AREA? A strong work ethic, an interest in torts, medicine, injuries and the law, and a keen sense of justice and empathy.

WHAT IS THE BIGGEST MISCONCEPTION ABOUT THIS AREA? That people who work in personal injuries are "ambulance chasers", which is a crass stereotype. Barristers and solicitors in this space work hard to assist the system designed to provide just and fair compensation for injured people where liability is established, and (generally speaking) in my experience, do so with professionalism and a strong sense of empathy and what is right and wrong.

WHAT DO YOU FIND MOST CHALLENGING ABOUT PRACTICING IN THIS AREA? Running trials and appeals are the most exciting part of the job but also the most challenging. A lot of preparation and forensic decision making goes into building the case for trial, but when a trial is running, you have to be prepared for the unexpected. To be able to think on your feet when a witness gives the unexpected answer to a question asked. To respond to questions from the bench as and when they arise during a trial. To deal with a variety of applications by opponents which can often occur without notice. All of this and more is part and parcel of a busy practice area.

WHAT OPPORTUNITIES DO YOU RECOMMEND STUDENTS PARTICIPATE IN IF THEY WANT TO GAIN EXPOSURE TO THIS PRACTICE AREA?

Seek out paralegal, clerkship or work experience opportunities through the major plaintiff personal injuries firms or defendant insurance firms, or with a member of the Victorian Bar common law bar or compensation bar.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 35

CAREER PATHWAYS

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 36

JUDGE'S/ JUDICIAL REGISTRAR'S ASSOCIATE Ultimately, a judges' associate is an individual that assists a judge or court in their everyday working life. These people work behind the scenes but are an important cog in the judicial system. The general duties for an associate can include; legal research, proofreading draft judgement and general administrative duties.

By working as a judges' associate, you will be able to gain an in-depth knowledge of court rules, procedures and processes. It will also assist in exposing an individual to become familiar with court documents and proceedings. An associate may also support the judge in the preparation of speeches and attending meetings with them, perhaps taking minutes or preparing the agenda for the meeting. The day to day life of an associate will vary from judge to judge. For example, working as a Judges Associate in the Supreme Court can be more in depth than that of an associate for a judge in a court lower in the hierarchy.

In order to be successful in the role of a judges associate, one must have some key skills and capabilities. Excellent written communication skills, problem-solving and interpersonal skills are vital to being capable of a judges’ associate.

NOTABLE ORGANISATIONS The Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia offer a number of associate positions each year. Associates are employed as part of the chambers staff of a particular judge.

VOLUNTEERING OPPORTUNITIES If you are interested in becoming a judges associate, current vacancies are advertised on the Victorian Government careers website: https://careers.vic.gov.au/

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 37

JUDGE Unlike many other careers, you cannot apply to be a judge. This is not a role that you can take a course and apply for, you have to be offered the position and once appointed, the role is for life.

Typically, for someone to become a judge, an individual first becomes a barrister, then a QC, and then is appointed to the bench. While this is the traditional career pathway, there are multiple avenues, with more solicitors and legal academics being called to the bench.

This means that even if your end goal is to be a judge, there is no one set path to achieve this, and a less traditional route won’t necessarily bar you from being appointed.

This role varies between jurisdictions but generally involves hearing proceedings, making determinations on the admissibility of evidence, directing juries, making decisions that establish precedents, and reviewing previous decisions.

NOTABLE ORGANISATIONS AND FIRMS VCAT Magistrate's Court County Court Supreme Court High Court Federal Court

VOLUNTEERING OPPORTUNITIES Shadowing Judges - some judges may allow students to shadow them for a week.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 38

IN HOUSE COUNSEL The easiest way to distinguish in-house counsel from other types of lawyers is that they are employed to provide legal services only to their direct employer/the company they work for, instead of a portfolio of client firms. This career path allows legal professionals to build solid experience and skill sets as a generalist given the broad range of matters they are exposed to.

This is because they will act as the first point of call for an entire organisation made up of numerous different departments when any type of legal issue arises. While this may no doubt be challenging, many in-house lawyers still choose this over working at a private practice due to numerous benefits – including generally more regular working hours, the opportunity to develop and make use of deep knowledge of the organisation that employs you, and greater career prospects towards more business-oriented positions such as a specialist advisor seated within a business department.

In-house lawyers are expected to have both a good understanding of the law, as well as the organisation they work for beyond what a private practice lawyer would of a client business.

Therefore, a good understanding of both the law and business would benefit prospective inhouse lawyers.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 39

Q&A Mel Scott IN HOUSE LAWYER AT AN ASX LISTED COMPANY

MEL, CAN YOU PLEASE PROVIDE AN OVERVIEW OF YOUR CAREER PATH PRIOR TO TAKING YOUR ROLE AS IN HOUSE COUNSEL? When I graduated from law school, my only goal was to get a job, any job. This was in early 2009, post-Global Financial Crisis and graduate lawyer jobs were far and few between. ‘Big Law’ firms weren’t offering as many positions and those that were on offer were highly sought after - the competition was fierce! Hunger games vibes… So, I buried my head in the sand and went backpacking around Europe instead.... no regrets.

Upon running out of money and returning home to Australia, I did manage to find my way into Big Law and was ecstatic to start in the next intake of the Graduate Lawyer program at Corrs Chambers Westgarth. I must thank the University Careers Development Office for bringing this opportunity to me.

At Corrs, I put my hand up for every project and once found myself “on secondment” to a client’s legal team. This secondment gave me a taste of ‘the other side’ and was the start of my next career chapter - in house lawyer life. I thought it would be interesting to be able to focus on one client at a time, be a real part of the internal decision-making process and say goodbye to the billable hour. I became really focussed on my transition from private practice to in house and spent over a year strategically developing myself into the ideal junior legal counsel candidate.

I met with recruiters, polished my CV, reached out to senior in house lawyers for advice, grew my network and after hours and my own expense, I studied the College of Law’s Master of Applied Law: In House Practice. I landed my first in house job as Legal Counsel at Brisbane Airport Corporation and Haven’t looked back.

BESIDES HAVING A GOOD UNDERSTANDING OF THE LAW, WHAT OTHER SKILLS SHOULD SOMEONE HAVE TO HAVE A SUCCESSFUL CAREER WORKING IN HOUSE? Humility and Approachability: The ability to communicate with all different types of people from all walks of life. You are not hidden away in an ivory tower as an in-house lawyer. You are part of the action, and your colleagues need to know, like and trust you.

Patience: Your career is a marathon, not a sprint. There will be twists and turns and in house lawyer life will take you to unexpected places that you never would have imagined.

Perspective and strong mental health and wellbeing practices: Look after your health and wellbeing to ensure your longevity in the law and never, ever forget that nobody has it all figured out - we’re all just winging it and trying our best.

Empathy: Be kind to your colleagues and to yourself. Seek first to understand and meet people where they are.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 40

Q&A Mel Scott IN HOUSE LAWYER AT AN ASX LISTED COMPANY

WHAT TYPE OF WORK DO YOU MOST COMMONLY COMPLETE IN YOUR IN HOUSE COUNSEL ROLE? As an in house lawyer, I’ve found a way to really have fun as a lawyer and work in lots of interesting industries from aviation, financial services and cloud computing. Working in house means that my colleagues are not just lawyers but also software developers, data analysts, cyber security experts, digital marketers, and sales professionals.

I love being exposed to different ways of thinking and problem solving, not just with a legally trained brain. I currently work for a global tech company called Megaport. This has been a career highlight for me. I get to travel internationally for work, help launch the company into new countries like Japan, Spain, Mexico and France. We are listed on the Australian Stock Exchange too (ASX:MP1) so that brings unique challenges across my desk too. Quite honestly, no two days are the same.

My time could be spent working on anything from commercial contract review, giving advice on employment law in Germany, answering a privacy law question for a colleague in the US, coordinating specialised legal advice from external counsel and working on a new patent application with our software developers. All within a single day! In house lawyers are truly jack and jills of all trades, masters of some.

We triage legal matters for the company and apply a ‘risk-based approach’ to sift through what issues really matter and what don’t. It is this commercial and pragmatic, business minded approach that empowers me daily and fulfills my love of in-house life.

I also have a side hustle, a podcast called Counsel and I share career and mindset tips on Instagram and TikTok: @theinhouselawyer.

WHAT ARE THE MAIN DIFFERENCES BETWEEN WORKING AS AN IN HOUSE LAWYER, AND WORKING AT A FIRM? In short: In house lawyers work for one client across multiple areas of the law. Law firm lawyers usually work for multiple clients across one area of the law.

An in-house lawyer and a private practice lawyer differ primarily in the nature of their employment and the clients they represent.

In House Lawyer: Employment: An in-house lawyer is directly employed by a specific company or organisation.

They work as part of the company’s legal team and are usually a full-time employee.

Client: In-house lawyers provide legal advice and services exclusively to their employing organisation. They represent the interests of the company and its employees.

Scope of Work: In house lawyers handle a wide range of legal matters that arise within the company, including contract drafting and negotiation, compliance with regulations, employment issues, intellectual property, litigation management, and general legal advice.

Focus: In-house lawyers have a deep understanding of their employer’s business operations, industry and corporate culture. They often collaborate closely with other departments and management to provide legal guidance tailored to the company’s specific needs.

Work Environment: In-house lawyers typically work within the company’s premises, allowing for regular interaction with various departments and decision- makers. They are involved in strategic decision-making and risk assessment within the organisation.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 41

Q&A Mel Scott IN HOUSE LAWYER AT AN ASX LISTED COMPANY

Law Firm Lawyer: Employment: Private practice lawyers work in law firms or may be self employed. They serve multiple clients and may work individually or as part of a legal team.

Client: Private practice lawyers represent individuals, businesses or organisations that seek legal advice and services. Their clients can vary widely across industries, sizes, and types of legal issues.

Scope of Work: Private practice lawyers handle diverse legal matters depending on their area of specialisation and the needs of their clients.

Focus: Private practice lawyers provide legal expertise across different clients and industries. They often specialise in specific areas of law, such as corporate law, intellectual property, family law, criminal law, or personal injury law.

Work Environment: Private practice lawyers typically work in law firms or operate their own legal practice. They may have multiple clients simultaneously and handle cases from various industries. They often bill clients on an hourly basis known as the dreaded billable hour.

It’s worth noting that some lawyers transition between in house and law firm roles at different points in their careers, seeking new challenges or changing their work environment.

HOW CAN STUDENTS LEARN MORE ABOUT IN HOUSE OPPORTUNITIES? https://www.counselpodcast.com/for-law-students Follow me on Instagram, TikTok and LinkedIn. Follow the Association of Corporate Counsel and the In House Lawyer Committee of Your State Law Association.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 42

PROSECUTION The Office of Public Prosecutions (OPP) prosecutes matters received from Victoria Police and other investigative agencies. As opposed to criminal defence solicitors, OPP solicitors are responsible for preparing and conducting criminal prosecutions on matters involving serious crimes, as well as ensuring that victims and witnesses are supported during the court process.

The OPP liaise with police, victims, witnesses, and the courts, to ensure both evidence and witnesses are ready and available when needed. The OPP offers Legal Practice in a range of criminal prosecution areas, including; Advocacy Appeals Briefing services Policy and Specialised Legal Division Proceeds of Crime Trial Division 1, 2, 3 and 4 Victims and Witness Assistance Service The OPP prosecutes a wide range of matters within the Trial Divisions, including; Murder Manslaughter Culpable driving Workplace death or serious injury Serious assaults Aggravated burglaries Armed robberies Assistance in coroner’s inquests Here is what the OPP looks for in solicitor applicants: Confirmation that you are admitted, or eligible to be admitted, to the legal profession as an Australian lawyer.

An understanding of the OPP – what we do, why we do it.

High level interpersonal and time management skills.

Commitment to OPP values - act fairly, act with integrity, respect others, work together, and strive for excellence.

Demonstrated skills and experience applicable to the role.

General interest in and knowledge of criminal law and a commitment to serving the community.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 43

PROSECUTION The OPP junior solicitor position is intended to attract solicitors who are interested in establishing a strong criminal practice skill base through the preparation and conduct of criminal litigation (particularly at the Magistrates’ and County Court level). Briefly, the key responsibilities of a junior solicitor at the OPP include: Preparing and/or instructing in summary prosecutions, committals, plea hearings, trials, appeals and other hearings in the Magistrates’ and County Court. Preparation includes: Ensuring that all documentation is filed and served within limited time limits.

Assessing evidentiary material for admissibility and appropriate resolution.

Undertaking legal research, consultation and liaison to gather information on specific issues.

Provide written and verbal advice and analysis to Crown Prosecutors, management and senior staff to ensure the effective prosecution of criminal cases within limited time constraints.

Preparing accurate and concise memoranda on legal issues arising out of prosecution files, including providing legal advise within the OPP and to external stakeholders within agreed time limits.

Interpreting and applying legislation and DPP Policies within the criminal law as applicable to prosecution files, Providing advice / assistance to police, counsel and other prosecuting or investigating authorities.

Taking into account the needs of victims in accordance with the relevant legislation.

Want to hear more about careers in criminal law? Check out the DLSS Before the Court Podcast. We have recorded an interview that will give you some more information.

SEASONAL CLERKSHIP PROGRAM The OPP offers a Seasonal Clerkship Program to provide insight into a career in criminal law and an understanding of the variety of challenging work undertaken at the OPP. The Seasonal Clerkship Program is offered in accordance with the LIV Seasonal Clerkship Guidelines.

LEGAL TRAINEESHIP The OPP offers a 12 month legal traineeship to law graduates who have previously been admitted to practice. The OPP selects their Legal Trainees from the pool of candidates who undertake their Seasonal Clerkship Program. The completion of this legal traineeship is a method through which law graduates can become eligible to practice as an Australian lawyer meeting the requirements of Supervised Workplace Training.

This Legal Traineeship program encompasses a number of rotations through a range of legal practice areas within the OPP. The OPP complied with the Law Institute of Victoria’s (LIV’s) Legal Traineeships Guidelines.

RELEVANT SKILLS This career path would be suited for you if you have: Excellent time management skills and an ability to work well under pressure.

A drive for excellence and professionalism.

Able to uphold ethical standards and values, and to act with integrity and confidentiality.

Empathetic, cooperative and team focused.

Ability to work as an effective team member.

An interest in and a commitment to the needs and concerns of victims.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 44

Q&A Jasmine Musgrave SOLICITOR (COUNTY COURT APPEALS AND CONTRAVENTIONS) IN THE OFFICE OF PUBLIC PROSECUTIONS

WHEN DID YOU FIRST REALISE YOU WERE INTERESTED IN YOUR CURRENT AREA OF LAW, AND WHAT STEPS DID YOU TAKE EARLY IN YOUR CAREER TO ESTABLISH YOURSELF IN THIS FIELD? The first time I considered a career in criminal law was when a careers officer at Deakin pointed out that I had got a good result in the Criminal Law unit! While in my penultimate year, I emailed every criminal law firm I could find to ask if they offered traineeships and applied for a traineeship at the Office of Public Prosecutions.

WHAT ATTRACTED YOU TO WORKING IN THIS AREA? When completing the Criminal Law unit, I found the logical structure of the elements of offences appealing. I attended a criminal law careers talk where one of the lawyers said that criminal law is the only area which does not involve some form of fighting over money, which has stayed with me. Now I would say that you cannot beat the stories that come out of working in crime and I cannot imagine a more interesting area of practice!

WHAT TYPE OF WORK IS INVOLVED, AND WHAT IS DAY-TO-DAY LIFE LIKE PRACTISING THIS AREA? In my specific role as a solicitor in County Court Appeals and Contraventions, I prepare briefs for counsel. This involves a lot of liaising with police, defence lawyers and victims. Day-today is a lot of reading, compiling information and many, many emails!

WHAT SORT OF QUALITIES ARE IMPORTANT TO SUCCEED IN THIS AREA? Definitely organisation, time management and attention to detail. Resilience is important too, due to the exposure of details and sometimes imagery of violent crime.

DO YOU HAVE ANY PRACTICAL ADVICE FOR STUDENTS WHO ARE SEEKING TO PRACTICE IN THIS AREA OF LAW? ADDITIONALLY, HOW DO STUDENTS GET THEIR FOOT IN THE DOOR IF WANTING TO PURSUE A CAREER IN THIS AREA OF LAW? Before I worked at the OPP I was an Associate at the County Court. I would recommend trying to get a role as a Judge’s Associate as this allows you to observe all sorts of different hearings and get familiar with the terms and processes of practicing in crime.

WHAT IS SOME INSIGHT YOU WOULD WANT IF YOU WERE STARTING AGAIN? If I could start again I would have done a double degree in Law and Criminology (I only did Law). When I started my degree, I did not know that I would develop such an interest in crime and it would have been good to develop some knowledge that could complement the legal side. I also would have done as much volunteering and placements as I could, as practical experience is invaluable.

ARE THERE SKILLS OUTSIDE OF LAW THAT MAKE A DIFFERENCE IN THIS AREA? I have a background in administration and I think that prepared me very well for this role, in terms of the practicalities of working in an office environment, communicating via email in a professional manner and having organisational skills.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 45

CONSULTANCY Consultants are analysts who provide advice and solutions to clients who present them with problems that need to be solved. These problems are much more diverse than the issues lawyers working in a law firm are engaged with providing advice on. Consulting is a surprisingly accessible career path for law graduates, especially for those who are doing a double degree with another discipline like commerce, IT, engineering or finance.

Consultants are expected to develop and make use of a range of skills including project management, technology, analytics, accounting and legal analysis to help deliver services that relate to clients’ tax, human resources, infrastructure, deal, audit, assurances and legal problems. Such variety is perhaps the biggest point of attraction to the consulting career path for law students whose interests are more varied than what the legal industry could offer.

Any law student who is unsure of their commitment to the more traditional career paths in law may want to look into pursuing a career in this area.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 46

LAW CLERK A law clerk is an individual within a legal workplace that will perform a variety of tasks whilst under the constant supervision of somebody higher-up in the workplace, like a barrister, solicitor, or clerks of the court. The type of work that a clerk will delve into can differ depending on the firm.

The LIV (Law Institute of Victoria) describes the role of a legal clerk as a person administratively managing straightforward files under maximum supervision and instruction. You are able to obtain employment as a law clerk without any formal qualifications before entering the job. Formal qualifications can assist in gaining a job as a clerk, but are not a necessity. Gaining experience as a clerk is one way, among many, to move into the legal profession past your studies.

Law clerks can work in a court in the capacity of the following: Enforcing law as an officer of the court by executing court orders such as eviction notices Maintaining order in court and hearing rooms and adjacent areas Documenting details of court proceedings, actions and decisions

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 47

LAW REFORM/ POLICY MAKER Lawyers do not make the laws, despite what we may want, or what society may think! But that does not mean that they can't influence and be involved in the process. Law Reform/Policy Making involves researching and providing insight to potential changes to current laws and the legal system. Law reform organisations are heavily involved in the policy discussion around big changes to legislation and provide research of the impact of similar laws in other countries and reports based on community needs. Discussing reform of law needed by the community and advocating on their behalf is a large aspect of this area.

Law reform organisations were behind the legislative changes to use of medical marijuana, as well as same sex marriage. This is quite different to other areas of law as you may not appear in court or represent an individual client, but are utilising your legal research and knowledge to inform meaningful policy changes.

A great opportunity to gain experience in this area is by participating in Youth Parliament Victoria. Youth parliament is a program where 20 teams of 6 people aged 16-25 are able to get together and write a Bill on whatever matters to them and review current legislation on how you want to reform the current legislation. This program directly impacts state legislation and government process with 50+ pieces of legislation coming directly from the program such as the safe injection room, the creation of a state wide sex offender registry, IVF for same sex couples and the introduction of victim impact statements.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 48

LEGAL TECHNOLOGIST Legal technologists are, as the name suggests, professionals who combine their knowledge in the legal profession and technology to examine existing processes of legal service delivery and make them more efficient and accessible to clients through the appropriate use of technology.

Their work may involve: Deliver and present legal advice to clients more efficiently Collaborate with clients and other service providers to present legal advice Reduce time spent on repetitive, labour-intensive tasks Reduce overheads and increase profitability Improve knowledge management techniques Ensure the safety of the data held within the organisation A career as a Legal Technologist does not necessarily require a degree or experience relating to technology, at the entry level. Most legal technologists simply provide the plan for how an existing process should be improved and then work with application developers to implement them. Because of this, the barrier to entry into this role is low for most lawyers, and many existing legal technologists assume both roles simultaneously.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 49

LEGALPRENEURSHIP This fairly new term refers to an entrepreneur, but in the legal profession. This new breed of legal professionals seek to challenge the long-held notion that lawyers are not very good at business due to the complexities of running a business and making it sustainable.

A legal entrepreneur’s selling point is demystifying the normally daunting and complex legal services for clients by making them more accessible. As technology increasingly breaks the accessibility barrier to legal services, those lawyers who embrace this trend and use their business acumen to transform their services to be easier to use and understand for clients will inevitably gain a huge advantage over those who do not. If you have interest in both entrepreneurship and law (technology is a plus), this career path may be a great way to combine both of these passions!

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 50

Q&A Crina Rabinowitz FOUNDER OF LAWYERME

WHAT WAS YOUR CAREER PATHWAY TO FOUNDING LAWYERME? I have been a lawyer for about 8 years. Whilst being a lawyer I have practised in various areas of the law including commercial litigation, insolvency, commercial disputes, migration, and others. I have worked for small firms as well as mid tier national firms. In 2021 the idea of LawyerMe came up whilst brainstorming ideas of how to make the legal sphere better for clients and for lawyers. The company launched in 2022.

CAN YOU TELL US ABOUT LAWYERME AND YOUR REASON FOR FOUNDING THE COMPANY? LawyerMe is a legal platform that connects lawyers with people looking for lawyers. In addition LawyerMe is also a one stop shop for lawyers where they can find everything they need in one place: CPDs, clients, marketing, recruitment, directory of lawyers, directory of barristers. The reason for founding the company was because I wanted to simplify the way that lawyers and clients meet.

WHY DO YOU THINK ENTREPRENEURSHIP IN THE LEGAL PROFESSION IS SO IMPORTANT? If you don't have entrepreneurs in the legal industry, or in any industry for that matter, then there will never be progress and there will never be better ways of doing things. Companies are not just founded for the sole purpose of making money, companies are founded to help society in some way and make things better. In the legal industry specifically I think we have a long way to go to innovate the arena and this is why it's crucial that entrepreneurs take charge and change the ways that things have been done to date.

OTHER THAN OF COURSE GIVING YOU THE KNOWLEDGE FOR YOU TO CREATE YOUR PRODUCT, HOW HAS YOUR LEGAL DEGREE HELPED YOU AS A BUSINESS WOMAN? During a law degree, you learn the basics and the foundations of law. Without the foundations, I couldn't have practised law and couldn't have ultimately started my business.

It is crucial that you immerse yourself into the legal world fully and business ideas will flow to you.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 51

BARRISTER Barristers typically receive work through referrals from solicitors and represent clients in court proceedings. As a barrister, you are expected to possess a deep understanding of court rules, procedures, and evidentiary requirements. Your role involves strategising and employing effective techniques to present compelling arguments and persuade the court.

Additionally, barristers are well-versed in dispute resolution methods and often participate in mediation and arbitration forums.

In a courtroom setting, barristers are responsible for several key tasks, including: • Collaborating with solicitors to prepare cases for trial.

• Examining witnesses and presenting evidence, as well as cross-examining witnesses called by the opposing party.

• Making legal submissions during the course of a trial to advocate for their clients.

• Engaging in negotiations to reach settlements and discontinue legal proceedings when appropriate.

Becoming a barrister entails a significant amount of work compared to becoming a solicitor.

The Law Institute of Victoria outlines the following process to become a barrister: 1. Being a practising lawyer.

2. Successfully passing an entrance examination that qualifies you for the "readers' course" established by the Victorian Bar. 3. Completing the eight-week readers' course to the satisfaction of the regulatory body.

4. Undertaking a period of supervised practise under an approved barrister from the Victorian Bar for a duration of seven months after completing the readers' course.

Becoming a barrister requires dedication, continuous learning, and practical experience.

Barristers play a vital role in the legal system, utilising their specialised advocacy skills and knowledge to represent clients effectively in court and contribute to the administration of justice.

POTENTIAL ELECTIVES Potential electives to consider through Deakin Law School include MLL460 Mooting and Advocacy, MLT266 International Alternative Dispute Resolution, and MLL332 International Arbitration.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 52

Q&A Erik Dober VICTORIAN BAR

CAN YOU PLEASE PROVIDE AN OVERVIEW OF THE TYPE OF WORK YOU MOST COMMONLY COMPLETE AS A BARRISTER? I appear as an advocate in criminal, regulatory, and commercial cases. That can range from directions hearings to trials and appeals. I also provide advice about these matters and draft court documents.

WHAT OPPORTUNITIES DO YOU RECOMMEND STUDENTS PARTICIPATE IN IF THEY WANT TO GAIN EXPOSURE TO THIS CAREER PATHWAY? Spending time observing court proceedings is a great way to see if this career path is for you. It can also be an opportunity to meet practitioners and take their advice. There are a variety of pathways to the Bar, but the most common pathways are to practise as a solicitor for a time and/or become an associate to a judge.

WHAT SKILLS AND ATTRIBUTES ARE CRUCIAL TO SUCCEED AS A BARRISTER? Different barristers use different skills to succeed at the Bar. Some have the gift of the gab; others have enormous attention to detail and bulletproof memories. Nurture your existing strengths and find an area or areas of practice that play to those strengths. In my view, the one crucial attribute is integrity. What you say in a courtroom or to your colleagues should always be reliable. Reputations can be quickly lost from any departure.

IN ONE SENTENCE, CAN YOU TELL STUDENTS WHY THEY SHOULD CHOOSE TO PURSUE A CAREER AS A BARRISTER?

There is so much variety at the Bar and you have constant opportunities to learn about the law and much more.

WHAT IS THE BIGGEST MISCONCEPTION ABOUT THIS CAREER PATH? Money and glory. The work of a barrister is not always glamorous. It can be lucrative, but, for many, it is not a path to riches.

WHAT DO YOU FIND MOST CHALLENGING ABOUT PRACTISING AS A BARRISTER? While the independent Bar gives some flexibility, it is challenging to be self-employed while maintaining a work-life balance, especially with a young family. It is not impossible, but you have to be intentional.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 53

Disclaimer This publication is provided free of charge from the Deakin Law Students' Society on the understanding that the editors, all contributors, and any other persons related to this publication are not responsible for the actions of readers based on the information, error or omission in the publication.

The views in this publication do not necessarily represent the views of the editors, Deakin Law Students' Society, or Deakin Law School.

All information is understood to be correct at the time of printing, however given the importance of the career choices that students are making, all students are advised to confirm the information is accurate and up-to-date prior to making applications to organisations listed within this guide.

Copyright Deakin Law Students' Society 2023 © With the exception of articles containing a named author and/or firm, organisation or corporation, all copyright, except where provided for under the Copyright Act 1968 (Cth), is vested in the Deakin Law Students' Society and may not be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, photocopying, recording or otherwise, without the permission of the Deakin Law Students' Society.

Please contact the current Deakin Law Students' Society President for permission.

DLSS INDUSTRY CAREERS GUIDE 2023

www.deakinlss.org | 54