JURIS DOCTORATE GUIDE 2022

Juris Doctorate Guide Guide 2022

A comprehensive guide to starting your Juris Doctorate

Foreword

This publication is provided free of charge from the Deakin Law Students' Society (DLSS) 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 given in the publication do not necessarily represent the views of the editors, DLSS or Deakin Law School.

This publication is copyright. Except where permitted under the Copyright Act, no part of this publication may, in any form or by any means (electronic or otherwise) be reproduced or stored in a retrieval system or transmitted by any person, without special written consent of the Deakin Law Students' Society.

Acknowledgments Design + Editor Zoe Ellis JD Contributor Jordan Dittloff Editor-in-Chief Patricia Clarke

Contact Us secretary@deakinlss.org

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President's Welcome Congratulations on taking the big leap to start your journey at Deakin Law School! I wish you a warm welcome to the next three years of your life.

It may seem impossible, but I encourage you to get involved in the university experiences on offer outside of your prescribed course work. Attending careers nights and participating in competitions are vital in a well-rounded legal education.

They help you develop important practical skills that aren’t fostered in units, and introduce you to people that can make this tumultuous journey a little smoother.

My name is Claire Taylor and I am the 2022 President of the Deakin Law Students’ Society (DLSS). The DLSS is the representative body for Deakin Law Students. We are run by law students, for law students, with the aim to support and advocate for the interests of the entire Deakin Law cohort.

I don’t believe the cliche that ‘your university years are the best years of your life’. These past five years have been the best years of my life so far, but I know that the knowledge I’ve obtained in the process will help me make the next five years even better.

Use this time to discover what you don’t want, so that you can chase what you actually seek wholeheartedly.

Making the huge decision to continue your studies is an exciting turning point in your life where you are in charge of the direction in which you embark. You will grow immensely in the next few years, both in your legal knowledge and skills as well as your understanding of yourself and the course you want for your life. As a JD student, you bring diverse life experience and skills to this degree.

However, with that comes greater responsibilities than those commencing a degree fresh from high school. Be it full-time work, family, or life in general, you have competing matters vying for a sliver of your 24 hours.

I look forward to watching you develop into the next generation of Deakin Law graduates to make their mark on the world. Should you need any help to make that happen please feel free to contact me at president@deakinlss.org.

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Claire Taylor 2022 President Deakin Law Students Society

Juris Doctorate Representative's Welcome Welcome to your first year of study as a Juris Doctor student at Deakin University!

Key to surviving (and hopefully enjoying) your time as a postgraduate law student at Deakin will be seeking out and leveraging the support of your fellow students and the resources the faculty and the Deakin Law Student Society offers. I have found participating in competitions, webinars, and networking events run by the DLSS and by the Law School to have been incredibly challenging, but also sources of immense growth and professional development.

The most satisfying rewards and brightest opportunities lay just outside your comfort zone!

You are about to set off on a journey into a new industry of work, a new field of knowledge, and a different way of learning in your study of the law.

In many ways this is an even more daunting prospect for you than for undergraduate law students. Often you will have been established, even accomplished in a different discipline or career. It is important to remember that studying law is different to anything you have done so far, and you shouldn’t be too hard on yourself or expect to know or pick up on everything right away.

Jordan Dittloff 2022 JD Representative Deakin Law Students Society

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What is the DLSS? The Deakin Law Students' Society ('DLSS') is a student-run organisation operating on behalf of all Deakin law students. The DLSS is one of Deakin's longest-standing student societies and our goal is to assist law students to maximise their university experience.

Each year, the DLSS hosts a variety of events, covering many areas including academics, career and your social life. Especially as cloud students, the DLSS is a great way for you to meet and interact with your fellow students.

You can find us online at www.deakinlss.org Membership DLSS membership is $5 and we would love for you to join us! Here are some of the benefits you can expect: Discounted ticket prices for DLSS events An email subscription to the DLSS (where we advertise internships and paid positions within law firms) Access to revision sessions Voting rights at our annual general meeting You can join directly here: https://dlssmembership.getqpay.com/

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Portfolio Introductions President: Claire Taylor Vice-President: Surina Sood Secretary: Natasha Tasios Director of Finance: Macy Brown Director of Sponsorship: William Hettrick Sponsorship Officer: Olivia Gatsios MARKETING The Marketing Portfolio is the bridge between the society and our student base, ensuring that we successfully promote our events and initiatives to assist Deakin Law Students. Throughout social media platforms we are able to connect and uphold a positive relationship with our members.

Director: Anneliese Croker Officers: Chloe Galileos, Alannah Rodi, Neha Vellu

COMMUNICATIONS Communications is responsible for many of the publications the DLSS publishes, including the First Year Law Guide, Damages Incurred, Et Cetera, Alumni Chronicles, The Memo and Firm Spotlight. The portfolio also manages the DLSS website. There are opportunities for all students to contribute to Damages Incurred and Et Cetera, so contact us!

Director: Patricia Clarke Officers: Zoe Ellis, Megan Sanidad, Maggie Robinson

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COMMERCIAL CAREERS Commercial Careers provides information and opportunities for Deakin law students who are intending to pursue a career in commercial law, or who have an interest in commercial law. The portfolio organises panels and networking nights, and writes the annual Clerkship Guide and bi-monthly Commercial Awareness Newsletter. Keep your eye out for the portfolio's panels and events!

Director: Samantha Hodgson Officers: Campbell David, Melika Modarresi Clerkship Guide Officer: Zara Seyfort

COMPETITIONS The Competitions Portfolio are responsible for orchestrating all the law society competitions to provide students with an immersive academic experience and gain first-hand practical skills such as research and public speaking. The comps team pride themselves on inspiring students and giving them the confidence to branch out during their university experience and make lasting memories and connections through competing.

Director: Julia Fittipaldi Officers: Gabriel Stripp, Rocci Pitasi, Milla Gleeson, Kateryna Korobeyko, Nicholas Allen

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EDUCATION The Education Portfolio is a key connector between the student body, the University, and the Law Society. The Portfolio aims to ensure that students have a positive experience whilst studying and also learn the fundamentals of self-care that assist them not just whilst they’re at University, but also in the work force and wider life.

Director: Courtney McKenzie Officers: Hanne Deleu, Ellie Hondrakis, Marietta Stents

INDUSTRY CAREERS The Industry Careers portfolio covers all areas of law outside of commercial. It brings awareness to the many, diverse areas of law and career paths available to law students. The Industry portfolio aims to create events and initiatives that provide students with the opportunity to learn about different areas of the law, and network with legal professionals.

Director: Britney Phillips Officers: Bailiejean Hohnberg, Bethany Joel, Deeksha Nitin Patil

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SOCIAL JUSTICE & EQUITY The Social Justice and Equity portfolio fulfils the role of keeping the student body updated on contemporary issues and developments in the law, and discusses the legalities of topical social justice issues.

Director: Brigitte Fraser Officers: Laura Mayne, Bukhosi Masango, Lily Joslin-Boyle

ACTIVITIES

The activities portfolio is all about fostering social interactions between students. It allows for students to let go and have some fun and really celebrate the small wins. The activities plan the major social events of the year, including the law ball, allowing students to have a night of glitz and glamour.

Director: Kathryn Bourozikas Officers: Elise Ralph, Isabelle Schinagl, Xhoana Mullaymeri

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Textbooks

Whether or not you use textbooks will depend on a few things: how you learn best; if the textbook is recommended or prescribed; and, how the content is being taught. Overtime, as a law student, you'll figure out if buying textbooks is useful for you. At first, try different study methods (including using textbooks) to learn how effective or ineffective they are for you. You’ll find certain units have better resources than others.

Sometimes it can be more useful to have a hardcopy than others. Talk to people who have done the unit before to help you decide.

The obvious downside to getting textbooks is cost. But, luckily, there’s lots of ways to help reduce this.

Textbooks are available for purchase from Facebook Marketplace, StudentVIP, former students of the unit, the DUSA Bookstore and sites such as the Book Depository.

The Deakin Library may also have copies that can be borrowed—there are a mix of hard copy and digital versions. If you’re planning on using the online version, you may find that there are limits on concurrent users—during busy times (the night before assignments are due), you may not have access if other students are trying to use them.

Keep in mind that law changes surprisingly fast, so ensure that you're spending your money on textbooks relevant to your unit and in the most recent edition.

Your booklist can be accessed by typing the unit code (eg. MLL213) into the library search bar.

International Students The DLSS extends a warm welcome to the International cohort within the JD program.

Studying online and in a new country presents new challenges. Joining the DLSS is a great way to meet people and help you feel connected to your peers. Don’t hesitate to reach out to your JD rep for more ways to get involved.

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Corporate Wear Corporate wear is an umbrella term for the dress code in business environments.

Depending on your job history, you may already be familiar with what is expected in terms of clothing in a workplace. But with Clerkships fast approaching, it’s nice to be sure that what you have in your wardrobe is what a workplace is looking for. There’s a brief overview here, a less brief overview in the First Year Guide and if you’d like some more clarity, reach out to your JD rep.

Smart Casual Just like on a party invite, smart casual denotes something between jeans and a suit. Button down shirts without ties, blouses, neat pants and mid length skirts are all appropriate. Bright colours, patterns and bolder jewellery can be worn. Shoes must be tasteful.

Business Casual This style is the midpoint between smart casual and formal corporate wear. For shirts, opt for neat coloured shirts, tidy jumpers and blouses. Chinos, trousers and mid-length skirts are all acceptable bottoms. Footwear should be tasteful and workplace appropriate.

Formal Corporate Wear This style is composed of formal clothing items which would be deemed appropriate for traditional and highly professional workplaces. Suits with a light coloured shirt, tie, belt and dress shoes are generally expected for men. For women, corporate attire consists of a suit, a light coloured shirt or blouse, knee-length skirt or pants and closed toe dress shoes.

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Wellbeing

As a profession, law has one of the highest rates of mental health issues. This is due largely due to high-pressure environments that legal professionals work in, leading to higher rates of depression, anxiety, stress and burnout. This pressure can begin during your studies. It is of the utmost importance you prioritise your wellbeing as highly as your work and studies.

JD students face unique wellbeing challenges. Studying the law is hard for anyone; it will be different to what you’ve done in the past. This, combined with the fact many of you are working full time and juggling other life commitments, makes keeping mentally and physically well a challenge you need to stay on top of. Here are a few practical places to begin.

Stay Connected Isolation can be a problem for all students, but particularly as a cloud student, you may find you are feeling like your cohort is fragmented and social connection is hard. But having people to share your struggles with, stress about assignments to and laugh over how crazy your life is, is important. So how can you be proactive about staying connected?

Keep your friends close: make sure you don’t ice out your friends. Set regular dates to catch up-even if it’s a fortnightly walk after work. Commit to catching up, and stick to that commitment.

Join the DLSS: the DLSS presents an easy and enjoyable way to connect with law students; both those doing a JD and an undergraduate degree.

Set up a good support network: make sure you have people around you that you trust and that can handle being your support person. Try not to load it onto a spouse or best friend. Set up with a councillor you feel comfortable with, engage with your friends and make sure that before things get tough, you know you will be supported.

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Keep your body well We’ve all been caught at our desks, meaning to get out during the day but never uite leaving the chair because it’s just one more email…Between work and study, it can be easy to neglect your physical health. Exercise can help improve your wellbeing by releasing feel-good endorphins and taking your mind of worries to break cycles of negative thoughts. Furthermore, regular exercise can help boost your confidence, be a way to socialise and cope with stress in a healthy way. So, sorry to say, the people running around the block at five-am might have the right idea. That’s not for everyone, though, so here’s some other, easier ways to help keep your body moving.

Plan a walk: set an alarm for when you’re going to take a break, and get out of the house. Shut your laptop, put some real pants on, and go for a walk. It can be around the block or around the town. Just get out.

Start the day with morning yoga or stretching: before you sit down for the day, try a ten-minute YouTube movement video. Get some blood flowing before sitting down for hours.

Find something you like: don’t get caught avoiding physical activity because you don’t like running or the gym. Find something that makes you happy and it will be easier to add into your routine. Do the Nutbush in your living room, play with your dog or go on a hike. If it’s something you enjoy, it’s something you’ll do.

The new Law School Building (Building LC) is now home to the wellness centre including a psychologist, a physiotherapist, DeakinACTIVE (the Uni gym), and offers vaccinations and medical certificates. You can visit them directly or make appointments under DeakinSync. Additionally, DeakinSync has a number of online services under the 'Health and Wellbeing' tab as well as general information.

Wellbeing is holistic. Take care of yourself physically, mentally and socially. And if you want some extra support, reach out to your JD rep. Your time as a student can be one of the best times of your life. Enjoy it and set yourself up for success as you move into the industry.

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Admission to Practise Many people assume that doing a JD automatically makes you a lawyer. This is not the case. In order to work as a legal practitioner in Victoria you need to gain admission to the Supreme Court Roll in a three step process: Complete your LLB or JD You must gain a relevant qualification for the law, either a Bachelor of Laws (LLB) or a Juris Doctor in Law (JD). Within this qualification, you will complete the 'Priestly 11', which is a standardised array of law units. Deakin ensures these are included in your course plan.

Complete your PLT Once you have attained a qualification in the law, you have to complete your Practical Legal Training (PLT). This may either be completed through a traineeship with a firm, or through a Graduate Diploma of Legal Practice. This training will ensure you are equipped with the skills to complete legal work on behalf of clients.

Gain admission: the character requirement Finally, you need to apply for a compliance certificate issued by the Victorian Legal Admissions Board (VLAB). This requires you to demonstrate that you are a 'fit and proper person'. Aspiring lawyers must complete a statement, within which they must fully and frankly disclose any past conduct that might be relevant to their fitness to practice law. Effectively, applicants must leave no stone unturned and reveal any past mistakes, even those that might seem trivial - such as a parking fine! - because candour in disclosure demonstrates honesty, knowledge of what is relevant, and the ability to meet their ethical obligations as a lawyer.

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“Many new law students enter their legal studies believing that a troubled past or a criminal record would prevent them from practising law. This is not what the law, or the cases that apply the law, say. Rather, past misconduct places a burden - increasing with the seriousness of the past mistake - on an applicant to show that despite past errors they are now a fit and proper person. Being open about past indiscretions or offending, sharing the insights gained as a result of them, and showing they have put such lessons into demonstrable change.” ~ Jordan Dittloff, Juris Doctor Student Representative

For more on how to approach the VLAB disclosures, keep an eye out for the forthcoming article from your JD rep.

GET INVOLVED Studying a law degree over the internet can be lonely. If you're struggling to meet people, consider coming along to the JD MIXER we're hosting later this year! Meet your cohort and representatives from the DLSS and get the opportunity to cathartically vent your frustrations of studying a JD with people who'll understand.

And don't forget: depending on when you read this, we may be hiring!

Keep an eye on our Facebook page for vacant positions. We've recently searched for a Queer Representative and officers for Finance and Design, so no matter your skillset, there's a position to suit you.

And if there's nothing that interests you now, consider standing for an executive role at our AGM in Trimester 2 or applying for an officer role when all 30 positions open in October/November!

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Law School Tricks of the Trade Law school can be a minefield. Here's a cache of tips and tricks to help you navigate it!

Studying While Working As a JD student your life is about to become significantly busier! The odds are good that you are undertaking your new course at the same time as working, which you likely managed through your undergraduate degree. However, be prepared to find that juggling work and study may be much more difficult! Below are a few tips to help you balance work and study!

Create a dedicated study space The importance of a space that is a separate, organised “study zone” can’t be overstated. Whether it’s a home office you already have or whether you need to carve out a corner away from fur children, actual children, (and spouses) you will need a place where you feel like you are in study mode.

Give yourself time to read Reading cases and distilling the legal principles contained within them take time. You *will* need to read cases two or three times in the beginning to understand what they are saying. Reading could be interpreted creatively your JD rep finds that his best “reading” is lectures in the background while cleaning or working out in the morning, while another JD student routinely uses their PC’s text to speech function to allow them to multitask!

Communicate with your work and take time you need!

If you don’t let your employer know the additional load and work you have taken on, they may not understand why you look tired, or have less mental energy at work! Remember to use leave where necessary to support your attendance at e-seminars, exams, or other important opportunities. If you are able to make your studies a partnership with your existing job, rather than a competition, you will save yourself a lot of heartache!

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Time management tips Stay ahead of deadlines As a law student who may have significant work and family commitments, you may not always be able to guarantee that something won’t come out of left field and send all your best laid plans into chaos. Try to get ahead of required deadlines so that you have a buffer for when (rarely if) things go wrong.

Buy a whiteboard This sounds extreme, but your JD rep has two full size, double sided whiteboards, and they get a workout! Even if you don’t invest in one, make sure that you have some way of tracking deadlines!

Set Aside Dedicated Time In your undergraduate studies, you may have found it possible to scramble or find time in the margins for your study content and assessments. You will not have that luxury in your law degree. Whether it is early in the morning while the kids are still asleep before work, or time after work before your brain completely switches off for the day, block out time to allow legal readings and concepts to sink in.

Importance of staying up to date with current affairs As you begin learning about the law, you will see it everywhere! Online articles, news stories, and many other sources contain valuable threads of legal information, as the law is always changing. However, be wary of reading news articles or blog posts that purport to tell the reader what a case says or what the law is on a particular position.

The best way to use legal news and articles is to use them to locate the judgement or case, then have a look for yourself so you can become better informed.

General advice and expectations Be kind to yourself! Studying law is hard! Don’t judge yourself by the standards of success you may have achieved in your previous career or studies, and don’t expect to grasp everything straight away. The first few units will feel alien and overwhelming, as you train your brain to think about the world in a different way, using what is actually a different language and method of problem solving to what you have known before.

Use support resources from the university, the DLSS, and your fellow students, and it will get easier! Trust us!

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What I Wish I'd Known Many students wish they could go back and give their past-self some guidance. We've rounded up some of the things students wished they'd known before starting their JD. “I wish I’d known about the unofficial Deakin Juris Doctor Student facebook page, which is a great place to get informal advice and feel connected to the JD student body. It was a great way to meet other JD students, and I found the study group I’m still in now!” ~ Chris D “I wish I’d known the importance of making my own typed notes, in my own words, in a format that I could apply to problem solving. The best notes are the sort of notes that are focused and could double as open book exam revision.” ~ Ben W “I wish I’d known about the Deakin Library learning modules that assist you with legal research of each different type of source, and the TurnitIn portal for you to cross check your own work for originality!” ~ Kendall B “My employer sees my life and work experience as a source of maturity, responsibility, stability and overall performance. ” ~ Ben W “Participating in the competitions run by the DLSS in 2021 gave me incredible opportunities to develop my oral presentation and legal advocacy skills, and winning the Witness Examination and Junior Moot competitions afforded me unparalleled networking opportunities.” ~ Jordan D “Participating in the Witness Examination Competition run by the DLSS in 2021 was a huge challenge, especially because I hadn't yet done criminal procedure or evidence law! However with preparation and the help of my teammate we were able to beat a huge field of entrants and be the first Juris Doctor students to win. Competitions are invaluable for developing legal skills but most of all confidence." ~ Emma J

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Careers While completing your JD, you're setting yourself up for your career. It's important to be engaged both in and outside the classroom. There's some excellent opportunities available.

Deakin Talent Deakin Talent is a hub for all things career, professional development, and practical legal experience at Deakin University. It contains everything you will need from resume preparation workshops, resume and cover letter templates, job opportunities and Work Integrated Learning opportunities such as remote, research, or community legal centre internships. Deakin Talent is an excellent tool and resource that your JD rep used to obtain a WIL internship and wished he’d discovered and utilised sooner!

Clerkships Clerkships can be intimidating. There’s lots of unknowns, concerns about whether you will be making any money and general apprehension about the unknown. The Seasonal Clerkship Guide is a great resource for you to access all the information you will need about Clerkships; you can find it on the DLSS website under the ‘Publications’ tab. One key piece of information that many JD students may not be aware of is that Seasonal Clerkships *are paid*! This means that if you are currently working, you would be able to request unpaid leave at your usual job, while participating in a seasonal clerkship! If you still have more questions, contact your JD rep or Commercial Careers!

Judges Associateships Judges Associates are a kind of personal assistant to a particular judge, or sometimes to a Court at large (known as the Reserve Associates pool). Judges Associateships can be undertaken prior to graduation, and for this reason can be an excellent way to gain practical legal experience for JD students.

Prospective candidates can interview for the Merits List, a list of potential associates from which Judges seeking an associate can pick, or can apply for particular associateships directly through a range of means including LinkedIn, direct application, or the Courts/Victorian Public Service careers page. When applying for an associateship, think about areas of law that might interest you, and always research the judge you are hoping to work for! Associateships teach valuable skills such as legal research, legal writing, and legal reasoning, and are often a fast-track to the Bar.

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Other Ways of Gaining Experience Practical legal experience is an area that is a source of anxiety for many Juris Doctor students, who may not feel as able to engage in traditional avenues such as clerkships or paralegal work while they are studying. While clerkships and judges associates are absolutely avenues JD students should explore, here are some tips for gaining practical legal experience, thinking outside the box.

Deakin Law Clinic Deakin Law Clinic is a community legal service offering free legal advice and assistance to people experiencing disadvantage in their access to justice, or whose matters are conducted in the public interest. JD students can participate in assisting with real cases at the Deakin Law Clinic via the unit MLJ739, across a range of legal practice areas including commercial law, criminal law, employment law, or venture law! In addition to practical legal experience this is worth a unit of credit.

MLJ738 - Professional Legal Practice This unit allows JD students to engage in practical legal placements in research, remote, or firm based settings, gaining a unit of credit while getting the opportunity to apply the skills and knowledge obtained throughout their studies. As an example of this your JD student representative was able to undertake a remote research based internship with Taylor Wessing, a German international commercial law firm (which was advertised on Deakin Talent)!

Community Legal Centres Community Legal Centres are an amazing avenue for gaining legal experience, as they are often stretched for resources and dealing with a wide range of matters. FInd your local centre and see if they are after a diligent student to file their paperwork or sharpen some pencils!

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Networking Networking is an important part of being a law student. Getting to know people can give you useful advice and a foot in the door for clerkships and jobs!

LinkedIn LinkedIn is an excellent professional networking tool that will allow you to engage with the legal profession and broaden your academic connections. While you may already have a presence on LinkedIn, consider adding your law studies and beginning to shape your new interests and profile!

• Connnecting with lecturers Your studies are a great time to gain references and form connections with your lecturers. If you have a subject that you enjoyed, or performed well within, don't hesitate to reach out to lecturers and ask for their support!

Professional Development Opportunities with DLSS The DLSS offer a range of opportunities, from sector themed webinars to "Meet the Professionals" nights and firm hosted events. There is also significant informal professional development gained from meeting other students who have found law adjacent work.

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Resources It can feel overwhelming having so many things thrown at you in your first few weeks. Sorting through what resources you should be using is sometimes just as hard as finding them in the first place.

Here’s a few of our favourite links to get you started.

AGLC4 PDF https://law.unimelb.edu.au/__data/assets/pdf_file/0005/3181325/AGLC4-withBookmarks-1.pdf Legal citation will initially be the bane of your existence. It’s very different compared to your standard Harvard or Oxford formats. The Australian Guide to Legal Citation will be your saviour. While you can buy a hardcopy, this link will take you through to the free, easy to use PDF. Victorian Law Foundation https://victorialawfoundation.org.au/ By subscribing to the Victorian Law Foundation, you will gain access to exclusive networking events (both virtual and in person), interesting articles and excellent opportunities for personal development. The law is ever evolving and this subscription will ensure that you are keeping up to date with new developments and meeting as many interesting people as you can.

Law Institution of Victoria www.liv.asn.au/Membership Through your JD, you will have access to a discounted student membership with the Law Institution of Victoria. The LIV Young Lawyers Law Student Membership provides exclusive access to a broad range of resources and opportunities that will help you navigate the initial stages of your legal career, including educational opportunities, wellbeing support, updates on developments in the industry and to the law as well as many other great things. Membership is free for students!

BarNet Jade https://jade.io/ BarNet Jade is a free online legal research platform. Signing up will give you access to a wealth of Australian cases, which have excellent hyperlinking systems that makes it easy to toggle between old decisions and new. By signing up, you will also get emails about the latest news. You can also sign up to specific digest feeds to get specific updates emailed to you, be it by court or jurisdiction.

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