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02
09
sep
melbourne law
school news
for alumni & friends
Professor EMERITUS Harold Ford AM:
A Legal Education Innovator
the hon Michael Kirby AC CMG:
The Great Communicator
An updated events listing is available
online at www.law.unimelb.edu.au/
go/news-and-events/
October
Friday 23: Cultural Collections,
Creators and Copyright Conference
Centre for Media and Communications
Law conference featuring Professors
Andrew Kenyon (LLB (Hons) 1994, PhD
2002) and Andrew Christie (LLB (Hons)
1984) as well as representatives from
Australian cultural collections, creators,
and industry commentators.To be held
at the State Library of Victoria, 9.30am
– 5.00pm. For further details please
email law-cmcl@unimelb.edu.au
November
Wednesday 4: Professor Lee Godden,
Director of the Centre for Resources,
Energy and Environmental Law
Inaugural Professorial Lecture: “Death,
Desire, Sin, Redemption: Climate Change
and the Rationality of Environmental Law.”
Friday 27: CCCS: International
and Comparative Perspectives on
Constitutional Law Conference
This year the Centre for Comparative
Constitutional Studies will mark its
21st birthday with a major conference
on 27 November. Registration is now
open and a program is available at
cccs.law.unimelb.edu.au
Promoting Indigenous student
access to Melbourne Law School
and to the legal profession
The Leith Trust and Melbourne Law
School are partnering to promote
Indigenous student access to Melbourne
Law School and to the legal profession.
Commencing in 2010, The Leith Trust
Indigenous Scholars Program is a
five-year program that includes three
scholarships to support three Indigenous
students through their JD degree. Active
outreach and recruitment is happening
now for 2010.
For further information contact Professor
Maureen Tehan, +61 3 8344 6205 or
m.tehan@unimelb.edu.au or Associate
Professor Pip Nicholson, +61 3 8344
6208 or p.nicholson@unimelb.edu.au
Justice Crennan appointed
Deputy Chancellor of University
The Law School is delighted by the
recent news that the Hon Justice
Susan Crennan AC has been elected
to the position of Deputy Chancellor of
the University of Melbourne. Justice
Crennan, a friend of the Law School
who formerly served on the University’s
Council, was only the second woman
to be appointed to the High Court of
Australia. In early August, Professor
James Hathaway met Justice Crennan
to personally congratulate her on her
appointment as Deputy Chancellor.
CALENDAR Latest News
02
MLSNEWS
09/2009
MLS News
Published twice a year, MLS News is a publication
for alumni and friends of the Melbourne Law School.
Views expressed by contributors to MLS News
are not necessarily endorsed by the University.
Editorial Committee:
Ms Silvia Dropulich, Writer
Ms Marian Schoen, Executive Director
Mr Roger Nelson, Advancement Officer
Alumni news and enquiries:
Mr Roger Nelson, Advancement Officer,
law-alumni@unimelb.edu.au
+61 3 8344 4498
Design:
Studio Binocular
MLS News Issue 2, 2009
ISSN: 1837– 0233
Published by: Melbourne Law School
www.law.unimelb.edu.au
Authorised by: Dean, Melbourne Law School
Copyright: The University of Melbourne
CRICOS Provider Code: 00116K
Dean:
Professor James C. Hathaway
Deputy Dean:
Associate Professor Simon Evans
Executive Committee:
»	 Deputy Dean, Associate Professor Simon Evans
»	 Associate Dean (Research), Associate
Professor Carolyn Evans
»	 Associate Dean (Undergraduate), Associate
Professor Ann O’Connell
»	 Associate Dean (JD), Associate Professor Pip Nicholson
»	 Associate Dean (Knowledge Transfer),
Professor Loane Skene
»	 Associate Dean (Graduate), Professor Ian Ramsay
Executive Director: Ms Marian Schoen
Research Centre Directors:
Asian Law Centre
Professor Tim Lindsey
Asia Pacific Centre for Military Law
Professor Stuart Kaye
The Civil Justice Group
Professor Camille Cameron
Centre for Comparative Constitutional Studies
Professor Adrienne Stone
Centre for Corporate Law and Securities Regulation
Professor Ian Ramsay
Centre for Employment and Labour Relations Law
Associate Professor John Howe
Global Justice Studio
Professor Gerry Simpson
Human Rights in the Melbourne Law School
Associate Professor Dianne Otto
Intellectual Property Research Institute of Australia
Dr Elizabeth Webster (IPRIA) and
Professor Megan Richardson (IPRIA Law)
Institute for International Law and the Humanities
Professor Anne Orford
Centre for Islamic Law and Society
Professor Tim Lindsey
Centre for Media and Communications Law
Professor Andrew Kenyon
The Obligations Group
Professor Andrew Robertson and Associate
Professor Elise Bant
Centre for Resources, Energy and Environmental Law
Professor Lee Godden
The Tax Group
Associate Professor Miranda Stewart
Invitation
Melbourne JD information evenings
27 October 2009, 24 March 2010 – at
Melbourne Law School
MLS alumni are invited to bring family
and friends interested in studying law
to an information evening hosted by
Associate Professor Pip Nicholson. Learn
more about your alma mater’s all-graduate
law degree and what makes the
Melbourne JD the standout choice for
ambitious students and prospective
employers.To register, call +61 3 8344
8912 or email jd-law@unimelb.edu.au
Who’s making news
To receive monthly updates about
your fellow alumni in the news, special
discounts, Law School news and
what’s on for each month, subscribe
to the “MLS e-brief” monthly email
newsletter. Subscribe by emailing
law-alumni@unimelb.edu.au
In this Issue
04	 The Health of
	 Compensation Litigation
05	 Professor Emeritus Harold Ford AM: 	
	 Legal Education Innovation
06	 Making Cartels Criminal
08	 The Hon Michael Kirby AC CMG:
	 The Great Communicator
10	 Mastering the Law
11	 International Culture of
	 Impunity Fading Away
12	 Re-imagining Legal Education
	 in Australia
14	 Student Mooters go
	 to Washington
16	 Mentoring Success
17	 Alumni Highlights
18	 Honour Roll
MLS
NEWS
message from the dean
The Dean, Professor Hathaway, speaking with current
JD students at the launch of the Mentoring Program
PHOTO: JOE VITTORIO
Dear Alumni and Friends
My colleagues and I at Melbourne Law
School are fully committed to producing
graduates who are ready and able to
make a meaningful contribution as they
enter the sophisticated, complex and
often transnational environment of
contemporary legal practice.
To achieve this, we have established,
in addition to our curricular innovations,
the first specialised Careers Office for
law students in Australia. This Office
offers programs and experiences
designed to extend students beyond
classroom learning and to support their
transition from student to work life.
Earlier this year our Careers Office
introduced a mentoring program
that offers each first year student
the opportunity to be paired with an
experienced legal practitioner. Already,
students are extolling the benefits of
these mentorships. Not only have they
often formed close relationships with
their mentors, but they have gained
real-world insights and received
valuable career guidance.
To complement the mentor program,
we provide an extensive series of guest
lectures. These lectures give students
the chance to consider different
perspectives from practitioners engaged
in a wide range of legal work. For
students who want to gain experience
in a particular area of law, our Careers
Office maintains a register of four to
six-week internships in diverse settings
across the public, private, government
and community sectors. Students are
encouraged to study overseas for a
semester, work at a legal service,
participate in one of our international
mooting teams or work for one of the
scholarly law journals edited in the
Law School.
Supporting all these practical experiences,
we also aim to expose students to the
work of leading legal practitioners and
academics. Recently, in recognition of
a career-long contribution to the law,
the School awarded former High Court
Justice Michael Kirby an Honorary
Doctorate of Laws. We have also
recently strengthened our global focus
by establishing the Michael Kirby Chair
of International Law, and I am pleased
to announce Professor Anne Orford
took up this chair in July.
If you would like to join us in supporting
our students through mentorship, a
guest lecture or in offering an internship
or scholarship opportunity, please fill in
your details on the slip inside the back
cover of this magazine.
I hope you find this edition of MLS
News engaging and informative.
Sincerely,
James C. Hathaway
Dean andWilliam Hearn Professor of Law
The Health of
Compensation Litigation
Transport accident and work-related injuries are significant sources of trauma
and cost to the community. In 2008, 6,504 Victorians were seriously injured on
the roads. In 2007/08, 22,443 Victorians made a compensation claim in connection
with a work-related injury.
Ensuring that injured people are
fairly compensated whilst furthering
accident prevention and rehabilitation
goals and ensuring the continued
financial viability of schemes is a
constant tension in the systems
that support injured Victorians.
Melbourne Law School student
Genevieve Grant (LLB (Hons) 2006) is
investigating approaches to health, injury
and loss in compensation schemes
for personal injury as part of her PhD
program. She hopes her research
will ultimately contribute to greater
understanding on the medical and legal
sides of the fence of the objectives and
outcomes of compensation schemes.
“Personal injury compensation schemes
are important parts of the legal and
public health systems in Australia and
internationally,” Genevieve told MLS News.
“These schemes sit at the intersection
of law and health and both sectors
have strong views about the values
and objectives that should be given
highest priority,” she said.
“This makes for some interesting
debates.”
Prior to starting her research, Genevieve
was working as a plaintiff personal injury
solicitor, so she had some first-hand
experience of the process and working
with the claimants involved in the
schemes. She had also spent some
time working at the Supreme Court,
where she gained exposure to the
institutional side of the process.
Genevieve is interested in the use of
interdisciplinary and empirical ways
of thinking about research in this area.
One element of her PhD research relates
to recent medical evidence of the way
compensation processes might impact
on the health of claimants. Another
relates to how judges approach the
evaluation of compensable injury.
Genevieve is using empirical research
techniques to seek answers to these
and related questions.
“These approaches recognise the
value of contributions from a variety
of disciplines to achieve the most
beneficial outcomes in terms of justice
and public health,” Genevieve said.
Genevieve is enrolled in both the
Melbourne Law School and the
University’s School of Population Health,
so she has the benefit of being part of
both communities. At the beginning of
her PhD she took some Master of Public
Health subjects in epidemiology and
biostatistics, which she said had its
own challenges.
“Personal injury compensation
schemes are important parts
of the legal and public health
systems.”
“At first, being the only personal
injury lawyer in a room full of doctors
didn’t make me terribly popular!”
Genevieve said.
She said she is particularly grateful
for the terrific support the Law
School provides to its PhD students,
particularly through the ‘absolute
dedication’ of the Associate Dean
(Research), Associate Professor
Carolyn Evans (LLB (Hons) 1994).
“Additionally, I have had the fantastic
guidance of my principal supervisor
Professor David Studdert (LLB 1992),
which has been of great help to me,”
Genevieve said.
Genevieve is one of the few select
students to have been awarded a
Melbourne Law School Teaching
Fellowship. She applied hoping to
gain some experience of the teaching
component of academic life.
In Semester 1 2009 she lectured in
Administrative Law to a class of LLB
students and in Semester 2 2009 she
is tutoring Corporate Law. By the end
of the year she will have gained exposure
to teaching a diverse range of students
in two different subject areas.
The Fellowship provides Genevieve
with a stipend of $10,000 over the
course of the year.
“The vast majority of PhD students
across the University engage in a
significant level of part-time work to
supplement their scholarship income,”
Genevieve said.
“It is great to have some additional
regular income to rely on while I’m
gaining some interesting and relevant
experience.
“The Fellowship is a fantastic opportunity
in that it has provided me with a window
into what academic life is like.
“Balancing teaching and research is
enjoyable but demanding!
“Without the Fellowship, I would
not have as great an understanding
of what is required in academic
employment.”
Genevieve is 18 months into her PhD
candidature and is hoping to complete
her research within three years.
The 2010Teaching Fellowships
application round is now open
and applications close on Friday
16 October.
For further information about
the Fellowships and the generous
scholarships program for graduate
research students at the Melbourne
Law School or to make a donation
please see www.research.law.unimelb
.edu.au/ or contact the Office for
Research, Melbourne Law School
on +61 3 8344 6183 or law-research
@unimelb.edu.au
MLSNEWS
09/2009
04
Photo: sourced from istockphoto
MLSNEWS
09/2009
05
Professor emeritus
Harold Ford am:
Legal Education Innovation
by Silvia Dropulich
Armed with questions about
the Melbourne JD Harold Ford
Scholarships, this writer left an
interview with Professor Ford with
notes on interesting books to follow
up, a sense of his wisdom, and a brief
history of legal education in Australia.
Professor Emeritus Harold Ford AM is
a renowned legal educator and author,
as well as a law reformer who, in 1967,
succeeded then-Professor The Rt Hon
Sir Zelman Cowen AK GCMG GCVO
QC (LLB 1940, LLM 1941, LLD 1973)
as Dean of the Melbourne Law School
and occupied that office until the end
of 1973. In 1994 he was made a
member of the Order of Australia
for his services to law.
As a student in the 1960s, The Hon
Justice Kenneth Hayne AC (LLB
(Hons) 1968) recalls a teacher who
“understood and loved his subject to
such an extent that it was self-evident
to even the most indolent and
hedonistic member of his class”.
It was Professor Ford who introduced
open-book law exams in Melbourne.
“The open-book exam enabled the
setting of better problems which called
for the application of the law to a set
of facts,” Professor Ford told MLS News.
“The earlier exams had problem
questions but in the open-book exam
the questions could be made more
searching,” he said.
“If you were a student looking for the
easy way out, you could be misled.”
Professor Ford was inspired by what
he had seen at Harvard Law School.
In the late 1960s, Professor Ford
wanted to establish a graduate law
school. Again, he was inspired by what
he had seen at Harvard and also the
University of Michigan, where he
had spent a semester teaching.
“In a way, it is a reversion to the law
course of the 1920s because in the
1920s the LLB course for the first
two years had a large number of
Arts subjects,” Professor Ford said.
“The idea of having earlier non-law
study before the study of law is not
new in the University of Melbourne.
“The Arts subjects had been gradually
crowded out from sometime in the
1930s through to the 1950s.”
Professor Ford’s own legal studies
were interrupted in 1939. He began
his studies in 1937 and in 1939 was
called up in the Navy because he had
joined the Reserves.
“I was in the Navy for six years and
when I came out I was much more
mature than when I was a student
earlier,” Professor Ford said.
“I was really a mature-age student
by this time.
“I could appreciate legal reasoning and
my course much better than I did prewar.”
Harold Ford was Professor of Commercial
Law at the University of Melbourne
from 1962 until he retired in 1984. At
various times he lectured or tutored in
Equity, Legal History, Private International
Law, Constitutional Law, Industrial Law,
and Company Law.
“There’s always the constant battle of
making something complex accessible,”
he said when asked to comment on
the challenges of teaching.
“But a good lecture can be very
satisfying.”
In 1974 to 1975, Professor Ford was
one of a small team that prepared
the National Companies Bill for the
Commonwealth Government, a
Bill that was to be introduced on
11 November 1975.
“It never became law,” Professor
Ford explained.
“But various innovative provisions in
it were adopted in later legislation.”
Between 1994 and 1990, Professor
Ford was appointed Chairman of the
Companies and Securities Law Review
Committee responsible to the Federal
and State Attorneys-General for the
review of company law.
“Notable changes in law resulted
from the Committee’s work,” Professor
Ford said.
In 2006, Her Honour Judge Irene
Lawson (LLB 1979) raised the idea
of initiating a scholarship program
to support academically outstanding
students whose financial situation may
discourage them from applying to
study law at Melbourne Law School.
The Melbourne JD Harold Ford
Scholarships Committee was established
as a steering group to guide and shape
the initiative and raise funds for the
scholarships.
When it came to the naming of the
scholarships initiative no one could
think of a person more deserving and
appropriate than Professor Emeritus
Harold Ford.
The Melbourne JD Harold Ford
Scholarships have been created to
support students whose financial
situation may constrain them from
studying law. For further information
about the Melbourne JD Harold
Ford Scholarships, contact Sarah
Wall on +61 3 8344 6588 or swall@
unimelb.edu.au
The Hon Justice Julie Dodds-Streeton (LLB (Hons) 1980) has said that if you had
to nominate Australia’s most important and influential writer and teacher in
commercial law, the answer would undoubtedly be Professor Emeritus Harold
Ford AM (LLB 1948, LLM 1949, LLD 1987).
Professor emeritus Harold Ford am
MLSNEWS
09/2009
06
Making Cartels
Criminal
On 16 June 2009, the Australian Parliament passed
long-awaited laws making agreements between
competitors ‘not to compete’ a criminal offence.
By Associate Professor Caron Beaton-Wells
This type of conduct is seen as highly
damaging to the economy, costing
consumers millions of dollars, hurting
businesses that seek to compete fairly
and honestly and stifling innovation
generally. The Australian decision to
criminalise so-called ‘hard-core’ cartel
activity is consistent with a world-wide
trend towards tougher anti-cartel law
and enforcement.There is now a strong
international consensus, at least on
the part of regulators and politicians,
that civil fines are insufficient to deter
cartel activity and that the most potent
form of individual accountability, a spell
at Her Majesty’s pleasure, is required.
“The threat of a jail sentence
is promised by the government
to make individual executives
think twice about engaging in
fixing prices.”
But there are serious questions about
the scope of the new Australian law and
how it will be enforced by the competition
watchdog, the Australian Competition
and Consumer Commission, and the
Director of Public Prosecutions. Blatant
secretive agreements imposing
substantial overcharges of the kind seen
recently between Visy and Amcor are
at one end of the scale.This cardboard
box cartel was subject to record penalties
of $38 million and attracted considerable
public comment. It was followed by
the arguably even more high-profile
allegations against former Visy Chairman
Richard Pratt for alleged obstruction of
the ACCC’s investigation.Those charges
were dropped on the eve of Pratt’s
death, prompting some to question
the propriety of the ACCC’s handling
of the case.
Even less obvious is how the law should
respond to public deals involving joint
buying or sharing of facilities of the kind
seen between Patrick and its rival P&O.
The ACCC settled its case against these
companies with a penalty that, for
companies of this size and bearing
the maximum fine of $10 million per
contravention, represents a mere slap
on the wrist ($1.9 million). Significantly,
the media was divided on the outcome
some representing it as a win for the
ACCC and others as a cave-in. The
division further reflects the controversial
nature of the subject and is a portent
of the type of critical scrutiny likely to
accompany criminal trials in the future.
In collaboration with leading Sydney
criminal law scholar Brent Fisse, my
research focuses on the design of the
new cartel legislation and the policy
and mechanisms for its enforcement.
The government has undergone an
intensive consultation process on these
issues over the last two years and its
proposals have attracted substantial
criticism. Several of the criticisms made
by commentators have been addressed
but numerous complex issues remain. In
our view, these issues raise fundamental
questions about the assumptions and
practices underpinning competition
regulation generally in Australia. The
output of our work will be a book on
cartel regulation in Australia, to be
published by Cambridge University Press
in 2010. The research for the work has
been assisted by a Faculty Grant from
the Law School. It will be the first book
dedicated to this subject in Australia
and is likely to have a significant
domestic and international audience.
Many of the issues are relevant to other
Previously, such agreements have been treated as civil contraventions only. The
threat of a jail sentence, up to ten years maximum, is promised by the government
to make individual executives think twice about engaging in fixing prices, dividing
markets, restricting output and rigging bids.
Photo: sourced from istockphoto
MLSNEWS
09/2009
07
jurisdictions contemplating or recently
having introduced criminalisation.
My research is not limited, however,
to a legal analysis of the new regime.
Criminalisation represents a major
development in business regulation
generally with potential ramifications
for the use of the criminal law to
influence other types of business
misconduct.Thus, I am also leading an
interdisciplinary team in a three-year
project funded by the Australian
Research Council, examining a range
of other aspects of cartel criminalisation
and its broader significance.
Together with Associate Professor
Christine Parker in the Arts Faculty
(Compliance Law) and Fiona Haines
(Criminology) from the University of
Melbourne and David Round (Economics)
from the University of South Australia,
the project is exploring the sociological
significance of criminalisation, its likely
effects on business attitudes and
behaviour and the implications for
enforcement policy and practice.The
ARC contribution to the project is worth
$340,000 and involves a substantial
component of teaching relief. It has
enabled the employment of a research
assistant for four days a week to assist
with the extensive literature review
as well as administration of the
research activities.
The project will include interviews with
business people and other stakeholders
as well as a survey of public opinion, and
there will be comparisons drawn with
the experience in the US, the UK and
Sweden. A roundtable with UK scholars
will be held in Oxford in November
2009 while I am a Visiting Fellow at
the Oxford Centre for Competition
Law and Policy and St John’s College.
The papers from the roundtable, as
well as several additional contributions
solicited from scholars in Australia,
the US and Europe, will be published
in a book by Hart Publishing in 2010.
More about the project can be found
at www.cartel.law.unimelb.edu.au.
Associate Professor Caron Beaton-
Wells (LLB (Hons) 1994, LLM (CW)
1998, PhD 2002) is the Director of
Studies, Competition Law at the
Melbourne Law School.
Reflecting on his 13 years as a
High Court Justice and 34 years as
a judge, the recently retired Justice
Michael Kirby AC CMG – Australia’s
longest serving judge – says the job
of being a judge is not to make
decisions because they are popular.
“A judge in Australia isn’t in the popularity
business,” Michael Kirby told MLS News.
“Nor is the judiciary a branch ofTammany
Hall. Our judges are the chief guardians
of the Constitution and of the rule of law.
But this does not mean the judges are
automatons, flying on automatic pilot.
They have choices to make which
must be both lawful and wise.”
At his High Court farewell in February,
the Attorney General, The Hon Robert
McClelland MP, observed that Kirby
had been tagged the ‘great dissenter’
but went on to say that he would
be remembered as the ‘great
communicator’. Kirby would most likely
agree. He believes that his greatest
legacy to the law has been to deliver
judgments that are accessible to the
ordinary Australian – judgments that
demystify the tightly enclosed world
of courts and lawyers.
Melbourne Law School in May conferred
on Michael Kirby its honorary degree
of Doctor of Laws. The Law School
has also appointed Anne Orford, ARC
Australian Professorial Fellow and
Director of the Institute for International
Law and the Humanities, as the inaugural
holder of the newly created Michael D
Kirby Chair of International Law at the
University of Melbourne.
“A judge in Australia isn’t
in the popularity business.”
“I have gradually come to understand
the increasing role that international
law will play in the law,” Kirby said in
his graduation ceremony speech.
“This realisation has sometimes put
me at odds with judicial and other
colleagues,” he said.
“But I have lived long enough, read
deeply enough, and travelled far enough
to see the discipline of law redefine
itself as something more than the
rules of the sub-national jurisdictions
of Australia.”
Living in an age of the internet,
international trade, and international
human rights law, it is inevitable, he
says, that international law will grow.
“Do not doubt that every nook and
cranny of the law of Australia will adapt
to international jurisdiction, and rapidly,”
Kirby said.
“Nothing will be left out, including
Australian public law and constitutional
law,” he said.
“These may be heresies for some
lawyers whose minds have not
travelled beyond the confines of the
local jurisdictionalism in which they
were first raised.
“But today’s graduating class will see
my ideas vindicated – be in no doubt
about that.”
In the same address, Kirby
acknowledged the presence at the
ceremony of his long-term partner,
Johan van Vloten.
The Great
Communicator
Many of his decisions about refugees, Aborigines, women, gays and others have
left him personally dissatisfied with the law, but with a full understanding
that unpleasant decisions are sometimes required by the letter of the law.
by Silvia Dropulich
The Hon Michael Kirby AC CMG receiving his honorary Doctor
of Laws from The Hon Alex Chernov AO QC, Chancellor of the
University, at Conferring of Degrees ceremony in Melbourne,
May 2009. Photo: Peter Casamento
MLSNEWS
09/2009
08
MLSNEWS
09/2009
09
He is not overly concerned about the
public discussion about his sexuality
– it is not something he believes he
should have to hide. However, he hopes
that one day this subject will be about
as interesting to the general population
as whether one is left-handed or right
-handed. “It is no big deal”, he says.
Michael Kirby was born in Sydney and
educated in public schools, including
Fort Street Boys’ High School.
“I suppose it was inevitable, if you
had the gift of the gab, that you would
end up becoming a lawyer,” he said.
He holds the degrees BA LLM BEc
from Sydney University.The degree of
LLM was conferred on him with First
Class Honours.
Michael Kirby practised as a solicitor
and then as a barrister before his
appointment in December 1974 as
a Deputy President of the Australian
Conciliation and Arbitration Commission.
He is still the youngest man appointed
to federal judicial office in Australia.
“I have a longstanding love affair
with University of Melbourne’s Law
School,” he said.
Anne Orford is an ARC Australian
Professorial Fellow and Director of
the Institute for International Law
and the Humanities at the University
of Melbourne. She is the inaugural
holder of the Michael D Kirby Chair
of International Law. Anne researches
in the areas of international law and
legal theory, with a current focus
on histories of international law,
statecraft and empire.
Her publications include Reading
Humanitarian Intervention: Human
Rights and the Use of Force in
International Law (CUP, 2003) and
the edited collection International Law
and its Others (CUP, 2006). Anne was
awarded a research-only Australian
Professorial Fellowship by the Australian
Research Council to undertake a project
on Cosmopolitanism and the Future of
International Law from 2007 to 2011.
As part of that project, she is finalising
work on a book entitled International
Authority and the Responsibility to
Protect (CUP, forthcoming 2010). The
book offers a history, from Hobbes to
the UN, of attempts to ground de facto
authority on the capacity to guarantee
security and protection.
She has presented lectures and seminars
by invitation at many institutions including
the Central European University, Cornell
University, DePauw University, the
European University Institute, Keele
University, Lancaster University, the
London School of Economics, Osgoode
Hall Law School, Stockholm University,
the University of Helsinki, the University
of Oxford, University Paris 1 Panthéon-
Sorbonne, the University ofToronto, the
University of Vienna, the University of
Westminster, Uppsala University and
the World Trade Organization.
Anne Orford
MLSNEWS
09/2009
10
Chronox Manek is Papua New
Guinea’s Chief Ombudsman. He
completed a Master of Laws (LLM)
in 2008 because he wanted to
learn about current and future
developments in the law.
“Coming to Melbourne Law School
and completing my degree has already
cemented me the job as the nation’s
Chief Ombudsman,” Chronox said.
“I was Public Prosecutor of PNG when
I enrolled and was appointed Chief
Ombudsman as soon as I completed
the program in June 2008.
“Further important jobs await me.”
Thalia Francis is Jamaica’s Assistant
Attorney General. She completed a
Master of Tax in 2008.
“A Masters degree is an excellent
means of shaping an expertise in an
area,” Thalia said. “I chose Melbourne
because my research showed that the
graduate program in tax was amongst
the best in the world.”
“Ever since my introduction to tax
law I have had more than a passing
interest in this area,” she said.
“I believe tax is an important area of
law but lawyers tend to avoid it because
of its complexity and perceived tedium.”
Thalia wants to teach tax law to
students and young lawyers in a way
that inspires them to take a greater
interest in the subject.
“A Masters will give me the knowledge
and qualifications to make that
contribution to academia,” she said.
Luis García works in litigation for a Chilean
law firm. He completed his Master of
Commercial Law in June this year.
“I have always thought that it is
fundamental to keep on studying,”
Luis said.
“Working in commercial law, it is
critical to stay up to date as this area is
in a permanent path of development.”
Najwa Shihab is a TV news anchor in
Indonesia and about to complete her LM.
“One of the highlights of the learning
experience has been the interaction
and exchange of ideas that I have
with the professors, practitioners and
professionals who are truly experts
in their field,” Najwa said.
When she completes her degree,
Najwa plans to return to her job as
aTV journalist.
“I host and produce a weekly political
talk show. My legal background helps
me to be more critical in identifying
various issues, especially in the legal
and political scene of Indonesia.”
“This degree will deepen my knowledge
and broaden my perspective in analysing
legal and political issues in a larger
context,” she said.
“It will also add to the credibility
of my programs.”
Lynna Cortés Rueda is a lawyer and
accountant with Deloitte Colombia.
She is expecting to complete a Master
of International Tax this year.
“I am sure this degree will catapult my
professional development,” Lynna said.
“In fact, I was promoted to Manager
shortly before coming to Melbourne,
which indicates that my company
agrees that I’ll be better qualified after
completing my degree.”
The Melbourne Law Masters comprises
Masters degrees and graduate diplomas
across 20 core legal areas. Teachers
include leading scholars, practitioners
and visiting international experts. Classes
are limited to 30 students and most are
taught intensively over one week, offering
convenience to full-time professionals.
Over 150 subjects are offered each year.
In 2010, over 25 new subjects will
be offered, covering issues including
commercial contracts, the global financial
crisis, planning law and sustainability.
Areas such as construction, environmental
and international law have also been
expanded.
Courses and subjects may contribute
to CPD requirements and all subjects
are available as single subject enrolments.
For 2010 course and subject details
and application information, contact
the Melbourne Law Masters Office:
Tel + 61 3 8344 6190
Email law-masters@unimelb.edu.au
www.masters.law.unimelb.edu.au
Mastering
the Law
They are driven and ambitious and they’ve chosen to travel from around the world
to undertake their Masters with Melbourne Law School. They’re from different
cultures and have different goals, but they all agree on one thing: their Melbourne
Law Masters degree is already making a difference to their careers.
Thalia Francis, Jamaica’s Assistant Attorney General,
completed a Master of Tax in 2008. Photo: Joe Vittorio
Photo: sourced from istockphoto
MLSNEWS
09/2009
11
Muna is an attorney who runs her
own firm, Hoja Law Group, which
represents small businesses, start
ups and non profits in commercial,
intellectual property and cross-
border transactions.
She is currently working at the
Special Court for Sierra Leone (SCSL),
set up jointly by the Government of
Sierra Leone and the United Nations
to try those who bear the greatest
responsibility for serious violations
of international humanitarian law.
“I am very hopeful about justice in
the world,” Muna told MLS News.
“I think that courts such as the
SCSL demonstrate that the culture
of impunity is fading away,” she said.
“I think SCSL provides many lessons in
international law. I think the hybrid nature
of the SCSL was a good application of
lessons learned from ICTR and ICTY
because it is important for such courts
to be located in the countries where the
atrocities took place with the cooperation
of the host government so people can
see the attempt at justice first-hand.”
“There are still problems with the
international criminal law system, but I
think the legal community is learning
and applying the appropriate lessons.”
Transitional Trade, established in
2008, is a non-profit organisation that
aims to provide a forum and promote
awareness of investment
and entrepreneurship opportunities to
encourage sustainable development
and sustainable peace in transitional
communities and post-conflict nations.
Muna has always been interested in
human rights generally. Her interest
in trade developed while she was a JD
student at Melbourne Law School. She
always knew that she would go into
public international law eventually, but
was not sure in what capacity. She
concedes that setting up an NGO is
challenging, but she is happy with
the progress of Transitional Trade.
“My father is from Uganda, a country
that is still in conflict [Northern Uganda,
that is],” Muna said.
“…investment does not affect
those in the conflict-ridden area.”
“I found it frustrating that there is a
lot of investment in the country, but
the investment does not affect those
in the conflict-ridden area,” she said.
“I then found countries like Rwanda
and was impressed by the impact of
good governance, high foreign direct
investment and an active diasporic
community and the effect they can
have on development.
“I was also frustrated by the focus on
extractive industries in Africa with little
to no benefit for local communities.”
The more she researched the impact of
trade and investment on peace-building,
the more Muna found that little was
being done to promote social trade,
investment and entrepreneurship.
With the support of other like-minded
people, she started Transitional Trade.
Muna also speaks at conferences
and publishes on the legal issues
related to investment in post-conflict
countries.TransitionalTrade is planning
to have a series of lectures in New
York highlighting investment
opportunities in a selected number
of post-conflict countries.
In conjunction with her law firm,
Hoja Law Group, Transitional Trade
also acts as legal counsel for a
women’s cooperative in Rwanda
where Muna is in negotiations with
several African governments to
review their trade contracts.
“I am happy that my legal practice
complements my passion for human
rights and post-conflict reconstruction
and African economic development,”
Muna said.
Muna said she would love to return to
Australia and do a fellowship or teach.
“I had a great experience at Melbourne
Law School and I would like to give
back,” she said.
“I would love to teach a class on Rule
of Law in Post-Conflict Countries and,
if possible, lead a trip to a post-conflict
country which either has a tribunal or a
Truth and Reconciliation Commission.”
International Culture
of Impunity Fading Away
There are still problems with the international criminal law system, but the legal
community is learning and applying the appropriate lessons, according to Transitional
Trade Founder and Executive Director Jacqueline “Muna” Musiitwa (JD 2005).
Muna
Muna with the Mongolian guards in front of
the Special Court. Photo: Peter Moina Conteh
by Silvia Dropulich
Re-imagining Legal
Education in Australia
The ‘new’ Melbourne Law School JD, introduced in 2008, replaces the
longstanding and widely respected LLB1
as the Law School’s primary
degree leading to qualification for practice.
MLSNEWS
09/2009
12
By Associate Professor Pip Nicholson
Photo: sourced from istockphoto
Faculty staff well understood the
pedagogical benefits of full-time
graduate legal education over the
fragmented study of law in combined
degrees: ordinarily around 90% of LLB
students are enrolled in combined
degrees, effectively as part-time law
students for their first three years.
Further, having graduate students in
the law classroom ensures a range
of perspectives inform class debate,
radically enriching student learning.The
multidisciplined student body ensures
an interdisciplinary discussion between
students. To take just one example, I
witnessed graduates in their first law
subject in February this year debate
the role of the State in the protection
of lives, assets and the bush after
the ‘Black Saturday’ Bush Fires. The
discussion drew on experience, but also
offered economic, scientific and political
analyses of the role of government.
To allow MLS to develop legal teaching
based on key attributes of the student
cohort, it developed new selection
principles. First, selected students
would be intellectual leaders from their
respective undergraduate degrees and,
in many cases, graduate study as well
(19% of the JD students selected in 2009
had a graduate qualification), continuing
the long tradition of MLS attracting
excellent students. Secondly, students
would have a compelling commitment
and passion for the study of law. Finally,
language skills needed to be assured.
With very few exceptions, the ENTER
score of school leavers is no longer
the pathway to MLS.2
Instead, seeking
to attract highly motivated students
from diverse backgrounds, evidencing
high intellectual capability and excellent
fluency in English, the MLS Selection
Panel3
now relies on three selection
criteria based on the principles above. No
one criteria is determinative: intellectual
excellence, as evidenced by a student’s
tertiary studies; satisfactory completion
of the Law School AdmissionTest (which,
in turn, enables the selection committee
to assess students’ analytical capacity
under exam conditions); and an 850-word
personal statement.
Further, social cohesion and a ‘real’
cohort experience, both possible where
students all come to the Law School as
graduates and commence the full-time
study of law, provides a bedrock to
further engage students intellectually
and socially in their studies.
Building on this potential for intimacy
and exchange between students,
commencing class sizes for the
two-week intensive subject Legal
Method and Reasoning are capped at
30. Students are then largely in classes
of between 20 and 60 students for the
remainder of their degree. The class
size ensures students hone their
legal reading and writing skills. The
commitment to classes of this size
is a feature of the JD program.
Students remain in the same cohort for
a semester (ensuring they share most
compulsory classes with the same group
of 30 – 60 for a 12-week block) and are
further organised into syndicates (groups
of four to six students) which work to
prepare class materials, lead class
discussion and in some cases undertake
assessment. Syndicate-based learning
produces graduates well-prepared for
21st century work practices where
experts are frequently found working in
multidisciplinary teams. Students are
also offered mentoring in the first year
of their program (see story on page 12).
In their final year, JD students undertake
a compulsory legal research subject,
working with an academic and a group
of their peers on an approved research
project. Each student is concurrently
completing their own research (often
an 8,000-word paper), but is part of
a broader intellectual collaboration,
so that the students benefit from
understanding the many ways in which
one issue can be analysed and
understood. In 2009, projects include
the study of ‘Ethics in Large Law
Firms’ and ‘The Coroner’s Court in
Law and Society: Role, Function
and Structure’; each led by a leading
authority who stewards the student
researchers also ensuring a cross-
fertilisation of ideas.
Beyond the reconceived 17-course core
curriculum, JD students at Melbourne
can elect specialist options, including
by taking Master’s-level courses in an
unparalleled range of fields. The Law
School offers exchange opportunities
with many of the world’s finest law
schools, as well as the only opportunity
for Australians to study at the path-
breaking Centre for Transnational Legal
Studies in London. And Melbourne Law
School affords its students the chance
to secure a joint degree in law with such
leading global law faculties as the New
York University Law School.
The three-year JD program, which can
be accelerated and completed in two
or two and a half years, also affords
students sufficient time to become fully
active in Law School life (see story on
page 11). JD students are also working
beside LLB students on journals and in
MLS competitions, maximising the
opportunities offered by co-curricular
activities. They are assisted in this by
having already succeeded in the
transition to tertiary study and by not
concurrently studying for another degree.
MLS is confident that the JD program
offers the best opportunities available
in Australia for the study of law and
that it will continue to develop an
enviable international reputation.
If you have any queries about any
aspect of the Melbourne JD please
contactAssociate Dean (JD)Associate
Professor Pip Nicholson on +61 3 8344
6208 or p.nicholson@unimelb.edu.au.
Associate Professor Pip Nicholson
(BA/LLB 1989, MPP 1994, PhD
2002), is the Associate Dean
responsible for the JD program.
References
1
	 The final intake of LLB students was in 2007 and the
Law School will continue to teach LLB students through
to completion – at least until 2013.
2
	 There is one exception to this approach. MLS currently has a
guaranteed pathway to a Commonwealth Supported Place for
secondary students achieving a score of 99.9 and undertaking
tertiary studies at the University of Melbourne who obtain a 75
point average in their tertiary studies.The first intake of students
via this route will be in 2011. Students with an ENTER over
99.0 are guaranteed a full-fee place.
3
	 The selection committee comprises the Dean, Deputy
Dean and several senior academics and is chaired by
the Associate Dean (JD).
MLSNEWS
09/2009
13
It also builds on the Melbourne Law School’s (‘MLS’) prior experience in JD
teaching developed since 2000 when it first introduced a JD program. MLS’s
commitment to the graduate teaching of law, leading to admission to practice
in Victoria and, by mutual recognition, around Australia, was supported by
over 60 faculty at a day-long conference in late 2005; effectively the faculty
declared the need to rethink legal education creatively in Australia.
MLSNEWS
09/2009
14
While the mooters all relished the
opportunity to compete in the High
Court beforeThe Hon Chief Justice
Robert French and MLS alumnus
Professor Hilary Charlesworth AM
(LLB (Hons) 1980), the real highlight
was what Sienna Merope describes
as “those moments of knowing you’ve
figured something out as a team –
they were the most intellectually
stimulating and rewarding, and they
are what built the five of us into
such a close team and good friends.”
Speaking about their experiences,
the mooters modestly gloss over
their achievement in beating 14 other
Australian universities in Canberra, as
well as teams from Malaysia, Guyana,
Belarus and the UAE at the international
qualifying rounds. Instead, they
emphasise the myriad opportunities
that participating in the Jessup moot has
opened up for them. Sienna confidently
asserts that “you learn more from
the Jessup about law generally than
you could hope to from any other
experience…The people you meet
– academics, Jessup alumni, and other
competitors – are valuable legal contacts.”
Sonja Zivak concurs, explaining that
“the Jessup moot completely changed
the way I think about the law and
taught me invaluable advocacy and
reasoning skills that I can apply to any
problem I encounter from now on.”
David Heaton had previously competed
in the winning 2006 – 2007 WTO
moot team. Following that success,
he undertook an internship in Geneva.
Now that the Jessup moot is over, he
has been busy co-presenting a paper
in Geneva to a wide range of WTO and
government officials with his former
coach, Associate Professor Andrew
Mitchell, as part of the WTO Appellate
Body Secretariat’s Speaker Series. Like
his teammates, David is deeply grateful
to the coaches. He affirms the “amazing
opportunity has really only come about
because Melbourne has people like
Associate Professor Andrew Mitchell
and Tania Voon, who are regarded as
leaders in their fields.” David is now
participating in a prestigious World
Trade Institute summer course at the
University of Bern. He feels his mooting
activities have placed him in an advanced
position for this course and he has
enjoyed meeting representatives of
various national governments, NGOs,
and multinational corporations. David
is living proof of the global experience
that Melbourne Law School strives to
offer its students.
Unlike David, Sonja was new not only
to mooting but to law. She joined the
team only two months after commencing
the JD. Sonja’s undergraduate studies
in journalism and literature have equipped
her with powerful communication skills.
Sonja ordinarily has to work to support
herself. Since recently being awarded the
DLA Phillips Fox Geoff Masel scholarship,
she has been able to “keep part-time
work to a minimum, resulting in more
freedom to pursue extracurricular
activities.” Those extracurricular
experiences are of vital importance to
how law is now taught at Melbourne
Law School. Students are encouraged
to pursue global experiences, thus
becoming equipped with real-world
skills and exposed to truly outstanding
opportunities.
“the Jessup moot completely
changed the way I think about
the law”
David echoes Sonja’s enthusiasm for
learning beyond the classroom, declaring
the Jessup moot “a fantastic extra-
curricular activity that vastly supplemented
my previous studies in international law.
The skills that you pick up in terms of
advocacy are of global application,”
he said.
Melbourne Law School thanks
Allens Arthur Robinson, Jessup
International Law Moot Inc. and
Mallesons Stephen Jaques for
their generous support of our
students in this competition.
by Roger Nelson
Student Mooters
Go To Washington
For the five students who took part in this year’s Jessup moot, acclaim and
glory following their win in Canberra and their participation in the World
Final in Washington DC was just a bonus. The moot team comprised Felicity
Ryburn, Seamus Coleman, Sonja Zivak, David Heaton and Sienna Merope.
MLSNEWS
09/2009
15
Melbourne Law School has won
the 2008 – 2009 European Law
Students’ AssociationWTO Moot
Court Competition inTaipei.
The Melbourne team comprised Laura
Bellamy, Rudi Kruse, Erica Leaney and
ChristopherTran, coached by Associate
Professors Andrew Mitchell (LLB (Hons)
1998) andTania Voon (LLB (Hons) 1997).
They prevailed over teams from Spain,
Colombia and the Netherlands before
going on to defeat Duke University
(USA) in a closely fought Grand Final
before an expert bench of nine panellists,
chaired by Professor Mitsuo Matsushita,
a former WTO Appellate Body Member.
In addition to winning the competition,
the team received awards for Best
Overall Written Submissions, Best
Oralist in the Semi-Finals (Christopher
Tran), and Fifth Best Oralist in the
Preliminary Rounds (Rudi Kruse).
The team’s prizes include scholarships
to complete the five-week Summer
Academy of the World Trade Institute
in Berne as well as specialised courses
in conjunction with the University of
Barcelona’s new Master of Laws in
International Economic Law and Policy.
Melbourne Law School is now the
only institution to have won this global
competition more than once. Melbourne
first entered the competition in 2006
– 2007 and won the Final Oral Round
in Geneva that year.
Associate Professor Tania Voon
describes coaching the team as “a
very long journey, commencing with
team selection in May 2008 and
continuing for an entire year.” Key to
the team’s success was the coaches’
insistence that the students conduct
detailed primary and secondary research.
Tania contends that the Law School’s
involvement in the WTO mooting
competition “offers a wonderful
opportunity for law students to
develop their oral and written skills
and legal research abilities,” as well
as enabling students “to get to know
barristers, solicitors, academics, and
governmental and intergovernmental
officials throughout the world.”
Melbourne Law School thanks
Telstra for its continued support of
our students in this competition.
The Jessup moot team pictured in the High Court of
Australia, where they won the Australian rounds.
L – R: Felicity Ryburn, Seamus Coleman, Sonja Zivak,
David Heaton, Sienna Merope
Photo: supplied courtesy of the Jessup moot team
By Roger Nelson
WTO Moot Team Wins In Taipei
MLSNEWS
09/2009
16
Mentoring
Success
by Silvia Dropulich
Ms Christine McCarthy (LLB 1976, LLM (CW)
2000), mentor to first-year JD student Bin Hao,
at the launch of the mentoring program
on 11 May 2009. Photo: Joe Vittorio
Although only a few months into
the Melbourne Law School Mentor
Program, mentors and students
are already reporting impressive
results with many mentors keen
to be involved again and students
thrilled with the personal guidance
they are receiving.
The Program was developed by
the Law School’s Careers Office to
support orientation for first-year JD
students – Melbourne is one of only
two law schools in Australia with a
Careers Office based in the faculty.
The Mentor Program is designed to
support the students’ formal academic
training by providing a link into the
profession and exposure to the practical
realities of working in the law.
For Jasper Hedges, the best advice
Kerry Greenwood (LLB 1979) (Duty
Solicitor, Legal Aid, Sunshine) has
given him is that studying law is like
studying a new language, ‘you’ve to
stick at it and eventually it will click”.
“I’m still waiting for that click, but I’ve
got plenty of stick, so theoretically I’ve
got nothing to worry about,” Jasper said.
Both he and Kerry are pleasantly
surprised at what they believe has turned
out to be a perfect mentor/mentee match.
“I’m very pleased to have a mentor who
has interests outside of the legal world,
as I’m not the type of student who
was ‘born’ to be a lawyer,” Jasper said.
“I often dream of being an author, so
to be matched with a successful author
is fantastic.”
Kerry has been mentoring Jasper
since May and is hoping that she
will prove useful.
“I’m honoured at being selected as
a mentor and whoever found me and
Jasper knew what they were doing,”
Kerry said. “He reminds me of me at
the same age.”
Kerry believes the best advice she can
give Jasper – or anyone studying law
– is to not take it too seriously – “it’s
law, not life.”
For Christine McCarthy, (LLB 1976, LLM
(CW) 2000) (Senior Legal Counsel,
Worksafe), a good mentor is someone
who has relevant experience and who
wants to use that experience to help
someone else. She has been mentoring
Bin Hao since May and they are currently
working on organising a seasonal
clerkship for him.
She describes her student Bin as a
very conscientious young man keenly
focused on passing his law degree
and finding a job.
“While these are very valid concerns,”
said Christine, “I would also like to
imbue in him a sense that while the
law is intellectually rigorous, it can
also be a lot of fun.”
For Bin, having a mentor means
having the opportunity to observe
how a senior legal practitioner thinks
and operates.
“Christine has such a busy schedule but
she is able to handle all things properly
and efficiently,” Bin said.
“She is a very good listener, is interested
in different views, and likes to share
her own experiences.”
From a practical point of view, Bin is
delighted with the career planning
support he is receiving from Christine.
“Christine is helping me to evaluate
legal and alternative career options, hone
my job seeking skills and providing me
with information on sources of potential
employment opportunities.”
When he first discovered his mentor
would be Clayton Utz Chief Executive
Partner David Fagan (LLB 1979, LLM
1983), James Remington was a little
overwhelmed. He was worried how
he, as a student, would relate to
someone of such standing.
“However, it soon became clear that
David was very easy to engage with
as a lawyer, a company director, and
as a person,” James said.
David has been mentoring James and
Dale Hutchinson since the Mentor
Program started in May.
“We have regular discussions and
briefings on the practice of law, including
seasonal clerkship programs, graduate
programs, and our CPD program,”
David said.
“And we’ve met with a leader of our
pro bono practice to discuss the breadth
of work we do for the disadvantaged
and in public interest cases.”
David believes being a lawyer is a an
exciting career and advises his students
to immerse themselves in the study
of law as they will find their University
work of significant value in practice.
“Law is at the cutting edge of many
issues being played out in society,”
David said.
“It is great to be part of a valued
and important profession.
“I think the Mentor Program will be
of benefit to the students and me –
it’s a great initiative of the Melbourne
Law School.”
Meanwhile, for Dale, having a mentor
has provided him with a great opportunity
to meet someone who can give “you
a realistic picture of what working in
the legal profession is like.”
“David has been very generous in giving
us his time and attention,” Dale said.
“He has also been very proactive
in organising our meetings and
corresponding with James and myself.”
The MLS seeks to extend the Mentor
Program, developing both its capacity
to support greater numbers of first
-year students and their diverse
interests. If you are interested in
becoming a mentor, please contact the
Program Coordinator, Helen Green on
+61 3 8344 1000 or by email h.green@
unimelb.edu.au or register online
www.careers.law.unimelb.edu.au
MLSNEWS
09/2009
17
ALUMNI
HIGHLIGHTS
Awards Ceremony
The annual Awards Ceremony was held
in May at the Law School. The Dean,
Professor James C. Hathaway, was
joined onstage by many of our most
generous sponsors and benefactors.
Mr Allan Myers AO QC was guest
speaker, delivering an inspiring address
to the Law School’s best and brightest
students, as well as their friends
and families.
Chancellor’s Circle
The Chancellor’s Circle is the
University’s community of generous
benefactors who demonstrate
leadership and commitment to the
University of Melbourne through
annual gifts of $1,000 or greater.
In recognition of the University’s
gratitude, Chancellor’s Circle donors
are invited on occasion to special
events to interact with University
leadership, academic staff, students,
and fellow Chancellor’s Circle donors.
Three generations of alumni
The May graduation ceremony for
Melbourne Law School saw three
generations of alumni gathered
in celebration.
the Dean, Professor James C. Hathaway, with John
Henry (LLB 1969) and Mary Henry at the Chancellor’s
Circle Reception in May. photo: paul phillipson
L – R: Peter Nedovic (LLB (Hons) 1971), George
Nedovic (LLB 2009), George Nedovic (LLB 1959).
Photo: les o’Rourke
Gordon Hughes (LLB (Hons) 1972, LLM 1973) of Blake
Dawson presenting the Blake Dawson award for
Trusts to Jeffrey Martin (JD 2009).
The hon Justice Hartley Hansen (LLB (Hons) 1965)
presents Alice Ashbolt (LLB (Hons) 2008) with the
Supreme Court Prize, awarded to the student
placed first in the LLB final year Honours list.
L – R: Peter Rashleigh of DLA Phillips Fox, Andrew
Stops of Piper Alderman, Joanne Cameron (LLB 1989)
of Mallesons Stephen Jaques – all three firms
generously sponsor awards.
Photos: les o’Rourke
Melbourne Law School expresses sincere appreciation to the following
individuals, families and organisations who have donated or sponsored
during the 2008 – 2009 financial year. Your contributions are vital in
supporting our initiatives to sustain access and excellence.
STUDENT ACTIVITY
AND SCHOLARSHIPS
The Melbourne JD Harold
Ford Scholarships
His Honour Judge
Graham R. Anderson
Anonymous Donor
Her Honour Judge
Jane A. Campton
The Honourable Alex Chernov AO
QC and Mrs Elizabeth M Chernov
Mr Philip D. Crutchfield
Professor James C. Hathaway
Mr Peter J. Jopling QC
Her Honour Judge Irene E.
Lawson and Mr Brendan
F. Kissane
Arnold Bloch Leibler
The Honourable Justice
Ross M. Robson QC
The Honourable Justice
Mark S. Weinberg
The John and Alison Kearney
Overseas Scholarships – Five
Year Program
Dr John F. Kearney AM QC
and Mrs Alison Kearney
Melbourne Law School
Scholarships
Anonymous Donors
Ms Debra L. Brown
The Honourable Frank H.
Callaway RFD QC
Mr Ian R. Campbell
The Honourable Stephen
P. Charles QC
Professor Sandford D. Clark
Mr Stephen E. Creese
Mr Alexander J. Duncan
Mr James M. Dwyer
The Honourable Frank Dyett
Mr Malcolm Evans
Associate Professor
Simon Evans
Francis Forbes Society for
Australian Legal History
Mr Kenneth W. Fraser
Mr James H. Frederick
Mr Graeme P. Freeman
Associate Professor
Pamela F. Hanrahan
Mr Douglas M. Hocking
Mr Michael A. Kelly
Professor Andrew T. Kenyon
Mrs Enez L. Lesser
Mr Kwok Y. Liu and
Mrs Amy Y. Liu
Professor Emeritus Harold Luntz
Mr George P. MacKenzie
OBE RFD
Macquarie Group Foundation
Mr Martin Marks
G.J. McNaught Pty Ltd –
Ms Glenda J. McNaught
Mr Allan L. Moore
Mr Theodore H. Moss
Sir Laurence M. Muir VRD
His Honour Paul R. Mullaly QC
His Honour Judge
Damian Murphy
Mr Timothy D. Neilson
The Honourable Robert D.
Nicholson AO
Miss Leanda Nissen
The Honourable Dr Ray
M. Northrop QC
His Honour Judge Kevin
P. O’Connor AM
Mr Gerald J. Parncutt
Mr Michael R. Pearce SC
His Honour Peter U. Rendit QC
Mr Thomas G Ridgeway
Mrs Norma L. Riley
The Honourable Justice
Donnell M. Ryan
Mr Paul D. Santamaria SC
Ms Lisa K. Sarmas
Mrs Faye Skepper
Mr Martin A. Simek
Professor Robin L.
Sharwood AM
Mr Philip H. Solomon
The Right Hononourable
Sir Ninian Stephen KG AK
GCMG GCVO KBE
Mr Robert Stewart
Associate Professor
Miranda Stewart
Mr Richard A. St John
Mr George Gerald M. Swinburne
Ms Amber J. Taverner
Mr Robert K. Todd AM
Mrs Hilary F. Tracey
The Honourable Justice
Richard R. Tracey RFD
Mr Kevin Truscot
Mr Ian G. Waller SC
Mr Edward R. Walker
Mr Timothy J. Walker
The Honourable Justice
Mark S. Weinberg
The Honourable John R.Wilczek
Mr Leon Zwier
Donovan-Johnston
Memorial Scholarship
Estate of Kathleen Mary Johnston
administered by Perpetual
Trustees Company Limited
Brian Shaw Prize
Mr Michael R. Pearce SC
Ms Melanie Sloss SC
Malcolm D.H. Smith
Memorial Scholarship
CommAsia Australia Pty Ltd
The Honourable Justice
Robert S. Osborn
Mr Daniel Rosen
Dr Rosalynd E. Smith
Mooting Activities
Ms Janice Luck
Telstra
Global Education Scholarships
Anonymous Donors
Professor Andrew F. Christie
Professor Michael Crommelin AO
Ms Susan M. Haslam
Mr David A. Jones AM
Mr Leigh Masel
Associate Professor Pip
Nicholson
Mr Michael B. Robinson AO
Mr David W. Rogers AO
Student Prizes
Alan Missen Foundation
Allens Arthur Robinson
Blake Dawson
CCH
Clayton Utz
Clifford Chance
Corrs Chambers Westgarth
Davies Collison Cave
Deacons
DLA Phillips Fox
Freehills
Galbally & O’Bryan
Hall & Wilcox
Harmers Workplace Lawyers
Herbert Geer
Holding Redlich
The Leo & Mina Fink Fund
Licensing Executive Society
Mallesons Stephen Jaques
Minter Ellison
Piper Alderman Lawyers
Supreme Court
TAC
PUBLIC LECTURES
Allen Hope Southey
Memorial Lecture
Mr Guy F. Southey
Mr Jonathan E. Southey
Mr Patrick R. Southey
Mr Rob Southey
Mr William B. Southey
Peter Brett Memorial Lecture
Anonymous Donor
ACADEMIA
The Melbourne Oxford
Collaboration Project –
Research, Scholarships
and Collegial Relations
Mr Allan J. Myers AO QC
and Mrs Maria J. Myers AO
Tokyo War CrimesTrial
Conference
Squaw Chop 2 Pty Ltd –
Mr Bradley Watson
Law Library
Anonymous Donors
Mr Thomas E. Bostock
Brilliant Target Migration
Solutions – MrTiantao Zhang
Mr Trevor S. Cohen
Mr Robert J. Cornall AO
Mr Peter Couzens
Mr James C. Cox
Dr Stephen P. Donaghue
Honour Roll
MLSNEWS
09/2009
18
Donations made since 1 July 2009, including those made during the Law Annual Appeal,
have been gratefully received and will be honoured in the next edition of MLS News.
Melbourne Law School’s recently launched
Mentor Program is seeking experienced
professionals across all sectors to assist
to mentor in 2010 and beyond.
To learn more about the Mentor Program,
please see the article on page 12.The Program
is central to the Law School’s commitment
to providing our students with the broadest
possible range of experiences and opportunities
to learn real-world skills both in and out of
the classroom.
This exciting new initiative further strengthens
the relationship between Melbourne Law
School and the profession. It also provides
an opportunity for mentors and their firms
to develop a relationship with students at
the moment they enter the legal world as
a first-year JD student.
To register your interest in being contacted
by the Mentor Program coordinator, please
fill in the form below and mail to:
Melbourne Law School Advancement Office
The University of Melbourne,Victoria 3010
Name
Address
State
Postcode
Phone
Email
Year graduated from Melbourne Law School
For more information, please visit
careers.law.unimelb.edu.au/go/
current-students/mentoring or
email h.green@unimelb.edu.au
Interested
in mentoring
a first-year
student?
Mr Michael Dowling
Mr David J. Freedman
Mr Michael D. Heaton SC
Mr Perry D. Herzfeld
Mrs Caroline Johnston
Mr Jim Lemaire
Mrs Enez L. Lesser
Mr Rodd A. Levy
The Honourable
Francis B. Lewis
Mr Otto Luznik
The Honourable Associate
Justice Kevin J. Mahony
Mr John P. McKenna
Mr Paul D. McSweeney
Mr Edward W. Muntz
Mr Anthony D. O’Donoghue
Mr Hamish L. Redd
Mr Keith A. Skinner
Mr Robert W. Sultan
The Honourable Justice
Richard R. Tracey RFD
Ms Ruth Trait
Professor Douglas G.
Williamson RFD QC
RESEARCH CENTRES
& INSTITUTES
Asian Law Centre
Australian Government
Attorney-General’s Department
Asia Pacific Centre
for Military Law
Australian Red Cross
Department of Defence
Martinus Nijhoff
Publishers, Leiden
TMC Asser Instituut,The Hague
Mr Bradley Watson
Centre for Employment
and Labour Relations Law
Allens Arthur Robinson
Arnold Bloch Leibler
Baker & McKenzie
Blake Dawson
Corrs Chambers
Westgarth
DLA Phillips Fox
Freehills
The Honourable Justice
Peter R. Gray
Holding Redlich
Justitia
Lander and Rogers
Maddocks
Mallesons Stephen Jaques
Maurice Blackburn Cashman
Middletons
Minter Ellison Lawyers
Rigby Cooke Lawyers
Ryan Carlisle Thomas
Trindade Farr & Pill
Fair Work Ombudsman
Centre for Media and
Communications Law
Allens Arthur Robinson
Austar Entertainment
Baker & McKenzie
Banki Haddock Fiora
Corrs Chambers Westgarth
Fairfax Media
Gibson Legal
The Herald & Weekly Times
Mallesons Stephen Jaques
Septimus, Lee & Jones
Seven Network
Intellectual Property
Research Institute of Australia
IP Australia
KCA – Knowledge
Commercialisation Australasia
IPTA –The Institute of Patent and
Trade Mark Attorneys of Australia
Since 1998, Davies Collison
Cave has sponsored a Chair
of Intellectual Property.
“The firm has a long tradition and
commitment to the advancement
of education and training in
intellectual property, and sees
Melbourne Law School as a
pioneer and leading contributor
to teaching at a postgraduate
level. Contributing to that
education and training is, we feel,
part of our social responsibility.
Many partners and staff of
the firm are graduates of the
University of Melbourne not
only in law, but also in science
and engineering, and have
feelings of loyalty and pride
in the institution.
We also see the donation of
prizes and support for the DCC
Chair not only as a means for
encouragement of students to
learn and excel in intellectual
property, but also as a means to
promote our profile as a leading
intellectual property firm both
to our clients and to students
who may be future employment
prospects.”
DAVIES COLLISON CAVE – sponsor of a chair of intellectual property
Tim Neilson (LLB (Hons)
1983) decided to give $30,000
to Melbourne Law School
scholarships during this
year’s Law Annual Appeal.
“I decided to give to the Law
School I went through. I am
grateful for what others did that
made my time as a student at
the Law School so beneficial to
me, and I hope that students will
continue to have the same quality
of experience that I did. And I
decided to give to scholarships
because clearly scholarships
are important for students.”
A Director of leading specialist
tax firm Greenwoods & Freehills,
Tim is a member of the Advisory
Board of Melbourne Law School
Tax Group and is a Senior Fellow
in the Melbourne Law Masters
Program, having taught in the
program for seven years.
Tim Neilson – a $30,000 gift to scholarships
PICTURED: Mr Keith Leslie, Senior
Partner, Davies Collison Cave
PICTURED: Tim Neilson
Photo: Peter Casamento
www.masters.law.unimelb.edu.au
Melbourne Law School
Australia’s first, Australia’s global
The Melbourne Law Masters:
The professional edge
The Melbourne Law Masters offers a huge range
of innovative programs and high calibre teaching
by international experts, local practitioners and
respected scholars. Intensive classes are ideal for
busy professionals.
Get a professional edge in 2010 - contact the
Melbourne Law Masters for a copy of next year’s
program and application details.
Phone + 61 3 8344 6190
Email law-masters@unimelb.edu.au
CRICOS: 00116K
Theory’s fine to a point. But textbooks don’t give you a feel for what happens
in the real world. Studying for my masters allows me to connect with legal
minds who are out in the field every day. Their experience
has opened my eyes to all sorts of possibilities.
I chose
Melbourne Law School.
Title	 Name
Organisation
Address
		State	 Postcode
email
phone
Please direct my support to:
Melbourne Law School’s highest priorities:
Law Library Melbourne Law School Scholarships
Global Education Scholarships –
MLS Students Overseas Study & Research
The Melbourne JD Harold Ford Scholarships
Other
Here is my single gift of:
Chancellor’s Circle	 $1,000	 $2,000
$2,500 $5,000 	 Other $
OR	 $100 $250 $500
Please establish a recurring gift (Visa or MasterCard only):
$25	 $50		 $75
$100	 $250 $500
Chancellor’s Circle	 $1,000 Other $
Monthly Annually	 FOR	 1 Year 3 Years
Enclosed is my cheque or money order
(Payable to The University of Melbourne)
OR Please charge my credit card:
Visa MasterCard American Express
Name as appears on Card:		 Expiry Date:
			 /
Signature:
In publications and donor honour rolls,
I/we wish my/our name to read as follows:
Please do not publicly acknowledge this gift.
Please contact me about:
The Melbourne JD Harold Ford Scholarships	
Establishing a scholarship at Melbourne Law School
I have already included Melbourne Law School in my will
I intend to make a gift in my will to Melbourne Law
School when I make my will/next update my will
I am considering making a gift in my will to
Melbourne Law School and would like some
further information to be sent.
Please return your form to: Melbourne Law School
Advancement Office –The University of Melbourne,VIC 3010
Thank you for your support!
The University of Melbourne ABN 84 002 705 224 has been endorsed by
the ATO as a deductible gift recipient (DGR). All gifts of $2.00 or more are tax
deductible in Australia. The University protects your privacy in accordance
with the Information Privacy Principles of the Information Privacy Act 2000.
The University’s privacy policy is available at www.unimelb.edu.au/unisec/
privacy/privacypolicy.html
Yes! I want to support Melbourne Law School
We hope you enjoyed this edition of MLS News
and we welcome your support to sustain access
and excellence at Melbourne Law School.

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LawAlumniMagazine09

  • 1. 02 09 sep melbourne law school news for alumni & friends Professor EMERITUS Harold Ford AM: A Legal Education Innovator the hon Michael Kirby AC CMG: The Great Communicator
  • 2. An updated events listing is available online at www.law.unimelb.edu.au/ go/news-and-events/ October Friday 23: Cultural Collections, Creators and Copyright Conference Centre for Media and Communications Law conference featuring Professors Andrew Kenyon (LLB (Hons) 1994, PhD 2002) and Andrew Christie (LLB (Hons) 1984) as well as representatives from Australian cultural collections, creators, and industry commentators.To be held at the State Library of Victoria, 9.30am – 5.00pm. For further details please email law-cmcl@unimelb.edu.au November Wednesday 4: Professor Lee Godden, Director of the Centre for Resources, Energy and Environmental Law Inaugural Professorial Lecture: “Death, Desire, Sin, Redemption: Climate Change and the Rationality of Environmental Law.” Friday 27: CCCS: International and Comparative Perspectives on Constitutional Law Conference This year the Centre for Comparative Constitutional Studies will mark its 21st birthday with a major conference on 27 November. Registration is now open and a program is available at cccs.law.unimelb.edu.au Promoting Indigenous student access to Melbourne Law School and to the legal profession The Leith Trust and Melbourne Law School are partnering to promote Indigenous student access to Melbourne Law School and to the legal profession. Commencing in 2010, The Leith Trust Indigenous Scholars Program is a five-year program that includes three scholarships to support three Indigenous students through their JD degree. Active outreach and recruitment is happening now for 2010. For further information contact Professor Maureen Tehan, +61 3 8344 6205 or m.tehan@unimelb.edu.au or Associate Professor Pip Nicholson, +61 3 8344 6208 or p.nicholson@unimelb.edu.au Justice Crennan appointed Deputy Chancellor of University The Law School is delighted by the recent news that the Hon Justice Susan Crennan AC has been elected to the position of Deputy Chancellor of the University of Melbourne. Justice Crennan, a friend of the Law School who formerly served on the University’s Council, was only the second woman to be appointed to the High Court of Australia. In early August, Professor James Hathaway met Justice Crennan to personally congratulate her on her appointment as Deputy Chancellor. CALENDAR Latest News 02 MLSNEWS 09/2009 MLS News Published twice a year, MLS News is a publication for alumni and friends of the Melbourne Law School. Views expressed by contributors to MLS News are not necessarily endorsed by the University. Editorial Committee: Ms Silvia Dropulich, Writer Ms Marian Schoen, Executive Director Mr Roger Nelson, Advancement Officer Alumni news and enquiries: Mr Roger Nelson, Advancement Officer, law-alumni@unimelb.edu.au +61 3 8344 4498 Design: Studio Binocular MLS News Issue 2, 2009 ISSN: 1837– 0233 Published by: Melbourne Law School www.law.unimelb.edu.au Authorised by: Dean, Melbourne Law School Copyright: The University of Melbourne CRICOS Provider Code: 00116K Dean: Professor James C. Hathaway Deputy Dean: Associate Professor Simon Evans Executive Committee: » Deputy Dean, Associate Professor Simon Evans » Associate Dean (Research), Associate Professor Carolyn Evans » Associate Dean (Undergraduate), Associate Professor Ann O’Connell » Associate Dean (JD), Associate Professor Pip Nicholson » Associate Dean (Knowledge Transfer), Professor Loane Skene » Associate Dean (Graduate), Professor Ian Ramsay Executive Director: Ms Marian Schoen Research Centre Directors: Asian Law Centre Professor Tim Lindsey Asia Pacific Centre for Military Law Professor Stuart Kaye The Civil Justice Group Professor Camille Cameron Centre for Comparative Constitutional Studies Professor Adrienne Stone Centre for Corporate Law and Securities Regulation Professor Ian Ramsay Centre for Employment and Labour Relations Law Associate Professor John Howe Global Justice Studio Professor Gerry Simpson Human Rights in the Melbourne Law School Associate Professor Dianne Otto Intellectual Property Research Institute of Australia Dr Elizabeth Webster (IPRIA) and Professor Megan Richardson (IPRIA Law) Institute for International Law and the Humanities Professor Anne Orford Centre for Islamic Law and Society Professor Tim Lindsey Centre for Media and Communications Law Professor Andrew Kenyon The Obligations Group Professor Andrew Robertson and Associate Professor Elise Bant Centre for Resources, Energy and Environmental Law Professor Lee Godden The Tax Group Associate Professor Miranda Stewart Invitation Melbourne JD information evenings 27 October 2009, 24 March 2010 – at Melbourne Law School MLS alumni are invited to bring family and friends interested in studying law to an information evening hosted by Associate Professor Pip Nicholson. Learn more about your alma mater’s all-graduate law degree and what makes the Melbourne JD the standout choice for ambitious students and prospective employers.To register, call +61 3 8344 8912 or email jd-law@unimelb.edu.au Who’s making news To receive monthly updates about your fellow alumni in the news, special discounts, Law School news and what’s on for each month, subscribe to the “MLS e-brief” monthly email newsletter. Subscribe by emailing law-alumni@unimelb.edu.au
  • 3. In this Issue 04 The Health of Compensation Litigation 05 Professor Emeritus Harold Ford AM: Legal Education Innovation 06 Making Cartels Criminal 08 The Hon Michael Kirby AC CMG: The Great Communicator 10 Mastering the Law 11 International Culture of Impunity Fading Away 12 Re-imagining Legal Education in Australia 14 Student Mooters go to Washington 16 Mentoring Success 17 Alumni Highlights 18 Honour Roll MLS NEWS message from the dean The Dean, Professor Hathaway, speaking with current JD students at the launch of the Mentoring Program PHOTO: JOE VITTORIO Dear Alumni and Friends My colleagues and I at Melbourne Law School are fully committed to producing graduates who are ready and able to make a meaningful contribution as they enter the sophisticated, complex and often transnational environment of contemporary legal practice. To achieve this, we have established, in addition to our curricular innovations, the first specialised Careers Office for law students in Australia. This Office offers programs and experiences designed to extend students beyond classroom learning and to support their transition from student to work life. Earlier this year our Careers Office introduced a mentoring program that offers each first year student the opportunity to be paired with an experienced legal practitioner. Already, students are extolling the benefits of these mentorships. Not only have they often formed close relationships with their mentors, but they have gained real-world insights and received valuable career guidance. To complement the mentor program, we provide an extensive series of guest lectures. These lectures give students the chance to consider different perspectives from practitioners engaged in a wide range of legal work. For students who want to gain experience in a particular area of law, our Careers Office maintains a register of four to six-week internships in diverse settings across the public, private, government and community sectors. Students are encouraged to study overseas for a semester, work at a legal service, participate in one of our international mooting teams or work for one of the scholarly law journals edited in the Law School. Supporting all these practical experiences, we also aim to expose students to the work of leading legal practitioners and academics. Recently, in recognition of a career-long contribution to the law, the School awarded former High Court Justice Michael Kirby an Honorary Doctorate of Laws. We have also recently strengthened our global focus by establishing the Michael Kirby Chair of International Law, and I am pleased to announce Professor Anne Orford took up this chair in July. If you would like to join us in supporting our students through mentorship, a guest lecture or in offering an internship or scholarship opportunity, please fill in your details on the slip inside the back cover of this magazine. I hope you find this edition of MLS News engaging and informative. Sincerely, James C. Hathaway Dean andWilliam Hearn Professor of Law
  • 4. The Health of Compensation Litigation Transport accident and work-related injuries are significant sources of trauma and cost to the community. In 2008, 6,504 Victorians were seriously injured on the roads. In 2007/08, 22,443 Victorians made a compensation claim in connection with a work-related injury. Ensuring that injured people are fairly compensated whilst furthering accident prevention and rehabilitation goals and ensuring the continued financial viability of schemes is a constant tension in the systems that support injured Victorians. Melbourne Law School student Genevieve Grant (LLB (Hons) 2006) is investigating approaches to health, injury and loss in compensation schemes for personal injury as part of her PhD program. She hopes her research will ultimately contribute to greater understanding on the medical and legal sides of the fence of the objectives and outcomes of compensation schemes. “Personal injury compensation schemes are important parts of the legal and public health systems in Australia and internationally,” Genevieve told MLS News. “These schemes sit at the intersection of law and health and both sectors have strong views about the values and objectives that should be given highest priority,” she said. “This makes for some interesting debates.” Prior to starting her research, Genevieve was working as a plaintiff personal injury solicitor, so she had some first-hand experience of the process and working with the claimants involved in the schemes. She had also spent some time working at the Supreme Court, where she gained exposure to the institutional side of the process. Genevieve is interested in the use of interdisciplinary and empirical ways of thinking about research in this area. One element of her PhD research relates to recent medical evidence of the way compensation processes might impact on the health of claimants. Another relates to how judges approach the evaluation of compensable injury. Genevieve is using empirical research techniques to seek answers to these and related questions. “These approaches recognise the value of contributions from a variety of disciplines to achieve the most beneficial outcomes in terms of justice and public health,” Genevieve said. Genevieve is enrolled in both the Melbourne Law School and the University’s School of Population Health, so she has the benefit of being part of both communities. At the beginning of her PhD she took some Master of Public Health subjects in epidemiology and biostatistics, which she said had its own challenges. “Personal injury compensation schemes are important parts of the legal and public health systems.” “At first, being the only personal injury lawyer in a room full of doctors didn’t make me terribly popular!” Genevieve said. She said she is particularly grateful for the terrific support the Law School provides to its PhD students, particularly through the ‘absolute dedication’ of the Associate Dean (Research), Associate Professor Carolyn Evans (LLB (Hons) 1994). “Additionally, I have had the fantastic guidance of my principal supervisor Professor David Studdert (LLB 1992), which has been of great help to me,” Genevieve said. Genevieve is one of the few select students to have been awarded a Melbourne Law School Teaching Fellowship. She applied hoping to gain some experience of the teaching component of academic life. In Semester 1 2009 she lectured in Administrative Law to a class of LLB students and in Semester 2 2009 she is tutoring Corporate Law. By the end of the year she will have gained exposure to teaching a diverse range of students in two different subject areas. The Fellowship provides Genevieve with a stipend of $10,000 over the course of the year. “The vast majority of PhD students across the University engage in a significant level of part-time work to supplement their scholarship income,” Genevieve said. “It is great to have some additional regular income to rely on while I’m gaining some interesting and relevant experience. “The Fellowship is a fantastic opportunity in that it has provided me with a window into what academic life is like. “Balancing teaching and research is enjoyable but demanding! “Without the Fellowship, I would not have as great an understanding of what is required in academic employment.” Genevieve is 18 months into her PhD candidature and is hoping to complete her research within three years. The 2010Teaching Fellowships application round is now open and applications close on Friday 16 October. For further information about the Fellowships and the generous scholarships program for graduate research students at the Melbourne Law School or to make a donation please see www.research.law.unimelb .edu.au/ or contact the Office for Research, Melbourne Law School on +61 3 8344 6183 or law-research @unimelb.edu.au MLSNEWS 09/2009 04 Photo: sourced from istockphoto
  • 5. MLSNEWS 09/2009 05 Professor emeritus Harold Ford am: Legal Education Innovation by Silvia Dropulich Armed with questions about the Melbourne JD Harold Ford Scholarships, this writer left an interview with Professor Ford with notes on interesting books to follow up, a sense of his wisdom, and a brief history of legal education in Australia. Professor Emeritus Harold Ford AM is a renowned legal educator and author, as well as a law reformer who, in 1967, succeeded then-Professor The Rt Hon Sir Zelman Cowen AK GCMG GCVO QC (LLB 1940, LLM 1941, LLD 1973) as Dean of the Melbourne Law School and occupied that office until the end of 1973. In 1994 he was made a member of the Order of Australia for his services to law. As a student in the 1960s, The Hon Justice Kenneth Hayne AC (LLB (Hons) 1968) recalls a teacher who “understood and loved his subject to such an extent that it was self-evident to even the most indolent and hedonistic member of his class”. It was Professor Ford who introduced open-book law exams in Melbourne. “The open-book exam enabled the setting of better problems which called for the application of the law to a set of facts,” Professor Ford told MLS News. “The earlier exams had problem questions but in the open-book exam the questions could be made more searching,” he said. “If you were a student looking for the easy way out, you could be misled.” Professor Ford was inspired by what he had seen at Harvard Law School. In the late 1960s, Professor Ford wanted to establish a graduate law school. Again, he was inspired by what he had seen at Harvard and also the University of Michigan, where he had spent a semester teaching. “In a way, it is a reversion to the law course of the 1920s because in the 1920s the LLB course for the first two years had a large number of Arts subjects,” Professor Ford said. “The idea of having earlier non-law study before the study of law is not new in the University of Melbourne. “The Arts subjects had been gradually crowded out from sometime in the 1930s through to the 1950s.” Professor Ford’s own legal studies were interrupted in 1939. He began his studies in 1937 and in 1939 was called up in the Navy because he had joined the Reserves. “I was in the Navy for six years and when I came out I was much more mature than when I was a student earlier,” Professor Ford said. “I was really a mature-age student by this time. “I could appreciate legal reasoning and my course much better than I did prewar.” Harold Ford was Professor of Commercial Law at the University of Melbourne from 1962 until he retired in 1984. At various times he lectured or tutored in Equity, Legal History, Private International Law, Constitutional Law, Industrial Law, and Company Law. “There’s always the constant battle of making something complex accessible,” he said when asked to comment on the challenges of teaching. “But a good lecture can be very satisfying.” In 1974 to 1975, Professor Ford was one of a small team that prepared the National Companies Bill for the Commonwealth Government, a Bill that was to be introduced on 11 November 1975. “It never became law,” Professor Ford explained. “But various innovative provisions in it were adopted in later legislation.” Between 1994 and 1990, Professor Ford was appointed Chairman of the Companies and Securities Law Review Committee responsible to the Federal and State Attorneys-General for the review of company law. “Notable changes in law resulted from the Committee’s work,” Professor Ford said. In 2006, Her Honour Judge Irene Lawson (LLB 1979) raised the idea of initiating a scholarship program to support academically outstanding students whose financial situation may discourage them from applying to study law at Melbourne Law School. The Melbourne JD Harold Ford Scholarships Committee was established as a steering group to guide and shape the initiative and raise funds for the scholarships. When it came to the naming of the scholarships initiative no one could think of a person more deserving and appropriate than Professor Emeritus Harold Ford. The Melbourne JD Harold Ford Scholarships have been created to support students whose financial situation may constrain them from studying law. For further information about the Melbourne JD Harold Ford Scholarships, contact Sarah Wall on +61 3 8344 6588 or swall@ unimelb.edu.au The Hon Justice Julie Dodds-Streeton (LLB (Hons) 1980) has said that if you had to nominate Australia’s most important and influential writer and teacher in commercial law, the answer would undoubtedly be Professor Emeritus Harold Ford AM (LLB 1948, LLM 1949, LLD 1987). Professor emeritus Harold Ford am
  • 6. MLSNEWS 09/2009 06 Making Cartels Criminal On 16 June 2009, the Australian Parliament passed long-awaited laws making agreements between competitors ‘not to compete’ a criminal offence. By Associate Professor Caron Beaton-Wells This type of conduct is seen as highly damaging to the economy, costing consumers millions of dollars, hurting businesses that seek to compete fairly and honestly and stifling innovation generally. The Australian decision to criminalise so-called ‘hard-core’ cartel activity is consistent with a world-wide trend towards tougher anti-cartel law and enforcement.There is now a strong international consensus, at least on the part of regulators and politicians, that civil fines are insufficient to deter cartel activity and that the most potent form of individual accountability, a spell at Her Majesty’s pleasure, is required. “The threat of a jail sentence is promised by the government to make individual executives think twice about engaging in fixing prices.” But there are serious questions about the scope of the new Australian law and how it will be enforced by the competition watchdog, the Australian Competition and Consumer Commission, and the Director of Public Prosecutions. Blatant secretive agreements imposing substantial overcharges of the kind seen recently between Visy and Amcor are at one end of the scale.This cardboard box cartel was subject to record penalties of $38 million and attracted considerable public comment. It was followed by the arguably even more high-profile allegations against former Visy Chairman Richard Pratt for alleged obstruction of the ACCC’s investigation.Those charges were dropped on the eve of Pratt’s death, prompting some to question the propriety of the ACCC’s handling of the case. Even less obvious is how the law should respond to public deals involving joint buying or sharing of facilities of the kind seen between Patrick and its rival P&O. The ACCC settled its case against these companies with a penalty that, for companies of this size and bearing the maximum fine of $10 million per contravention, represents a mere slap on the wrist ($1.9 million). Significantly, the media was divided on the outcome some representing it as a win for the ACCC and others as a cave-in. The division further reflects the controversial nature of the subject and is a portent of the type of critical scrutiny likely to accompany criminal trials in the future. In collaboration with leading Sydney criminal law scholar Brent Fisse, my research focuses on the design of the new cartel legislation and the policy and mechanisms for its enforcement. The government has undergone an intensive consultation process on these issues over the last two years and its proposals have attracted substantial criticism. Several of the criticisms made by commentators have been addressed but numerous complex issues remain. In our view, these issues raise fundamental questions about the assumptions and practices underpinning competition regulation generally in Australia. The output of our work will be a book on cartel regulation in Australia, to be published by Cambridge University Press in 2010. The research for the work has been assisted by a Faculty Grant from the Law School. It will be the first book dedicated to this subject in Australia and is likely to have a significant domestic and international audience. Many of the issues are relevant to other Previously, such agreements have been treated as civil contraventions only. The threat of a jail sentence, up to ten years maximum, is promised by the government to make individual executives think twice about engaging in fixing prices, dividing markets, restricting output and rigging bids. Photo: sourced from istockphoto
  • 7. MLSNEWS 09/2009 07 jurisdictions contemplating or recently having introduced criminalisation. My research is not limited, however, to a legal analysis of the new regime. Criminalisation represents a major development in business regulation generally with potential ramifications for the use of the criminal law to influence other types of business misconduct.Thus, I am also leading an interdisciplinary team in a three-year project funded by the Australian Research Council, examining a range of other aspects of cartel criminalisation and its broader significance. Together with Associate Professor Christine Parker in the Arts Faculty (Compliance Law) and Fiona Haines (Criminology) from the University of Melbourne and David Round (Economics) from the University of South Australia, the project is exploring the sociological significance of criminalisation, its likely effects on business attitudes and behaviour and the implications for enforcement policy and practice.The ARC contribution to the project is worth $340,000 and involves a substantial component of teaching relief. It has enabled the employment of a research assistant for four days a week to assist with the extensive literature review as well as administration of the research activities. The project will include interviews with business people and other stakeholders as well as a survey of public opinion, and there will be comparisons drawn with the experience in the US, the UK and Sweden. A roundtable with UK scholars will be held in Oxford in November 2009 while I am a Visiting Fellow at the Oxford Centre for Competition Law and Policy and St John’s College. The papers from the roundtable, as well as several additional contributions solicited from scholars in Australia, the US and Europe, will be published in a book by Hart Publishing in 2010. More about the project can be found at www.cartel.law.unimelb.edu.au. Associate Professor Caron Beaton- Wells (LLB (Hons) 1994, LLM (CW) 1998, PhD 2002) is the Director of Studies, Competition Law at the Melbourne Law School.
  • 8. Reflecting on his 13 years as a High Court Justice and 34 years as a judge, the recently retired Justice Michael Kirby AC CMG – Australia’s longest serving judge – says the job of being a judge is not to make decisions because they are popular. “A judge in Australia isn’t in the popularity business,” Michael Kirby told MLS News. “Nor is the judiciary a branch ofTammany Hall. Our judges are the chief guardians of the Constitution and of the rule of law. But this does not mean the judges are automatons, flying on automatic pilot. They have choices to make which must be both lawful and wise.” At his High Court farewell in February, the Attorney General, The Hon Robert McClelland MP, observed that Kirby had been tagged the ‘great dissenter’ but went on to say that he would be remembered as the ‘great communicator’. Kirby would most likely agree. He believes that his greatest legacy to the law has been to deliver judgments that are accessible to the ordinary Australian – judgments that demystify the tightly enclosed world of courts and lawyers. Melbourne Law School in May conferred on Michael Kirby its honorary degree of Doctor of Laws. The Law School has also appointed Anne Orford, ARC Australian Professorial Fellow and Director of the Institute for International Law and the Humanities, as the inaugural holder of the newly created Michael D Kirby Chair of International Law at the University of Melbourne. “A judge in Australia isn’t in the popularity business.” “I have gradually come to understand the increasing role that international law will play in the law,” Kirby said in his graduation ceremony speech. “This realisation has sometimes put me at odds with judicial and other colleagues,” he said. “But I have lived long enough, read deeply enough, and travelled far enough to see the discipline of law redefine itself as something more than the rules of the sub-national jurisdictions of Australia.” Living in an age of the internet, international trade, and international human rights law, it is inevitable, he says, that international law will grow. “Do not doubt that every nook and cranny of the law of Australia will adapt to international jurisdiction, and rapidly,” Kirby said. “Nothing will be left out, including Australian public law and constitutional law,” he said. “These may be heresies for some lawyers whose minds have not travelled beyond the confines of the local jurisdictionalism in which they were first raised. “But today’s graduating class will see my ideas vindicated – be in no doubt about that.” In the same address, Kirby acknowledged the presence at the ceremony of his long-term partner, Johan van Vloten. The Great Communicator Many of his decisions about refugees, Aborigines, women, gays and others have left him personally dissatisfied with the law, but with a full understanding that unpleasant decisions are sometimes required by the letter of the law. by Silvia Dropulich The Hon Michael Kirby AC CMG receiving his honorary Doctor of Laws from The Hon Alex Chernov AO QC, Chancellor of the University, at Conferring of Degrees ceremony in Melbourne, May 2009. Photo: Peter Casamento MLSNEWS 09/2009 08
  • 9. MLSNEWS 09/2009 09 He is not overly concerned about the public discussion about his sexuality – it is not something he believes he should have to hide. However, he hopes that one day this subject will be about as interesting to the general population as whether one is left-handed or right -handed. “It is no big deal”, he says. Michael Kirby was born in Sydney and educated in public schools, including Fort Street Boys’ High School. “I suppose it was inevitable, if you had the gift of the gab, that you would end up becoming a lawyer,” he said. He holds the degrees BA LLM BEc from Sydney University.The degree of LLM was conferred on him with First Class Honours. Michael Kirby practised as a solicitor and then as a barrister before his appointment in December 1974 as a Deputy President of the Australian Conciliation and Arbitration Commission. He is still the youngest man appointed to federal judicial office in Australia. “I have a longstanding love affair with University of Melbourne’s Law School,” he said. Anne Orford is an ARC Australian Professorial Fellow and Director of the Institute for International Law and the Humanities at the University of Melbourne. She is the inaugural holder of the Michael D Kirby Chair of International Law. Anne researches in the areas of international law and legal theory, with a current focus on histories of international law, statecraft and empire. Her publications include Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law (CUP, 2003) and the edited collection International Law and its Others (CUP, 2006). Anne was awarded a research-only Australian Professorial Fellowship by the Australian Research Council to undertake a project on Cosmopolitanism and the Future of International Law from 2007 to 2011. As part of that project, she is finalising work on a book entitled International Authority and the Responsibility to Protect (CUP, forthcoming 2010). The book offers a history, from Hobbes to the UN, of attempts to ground de facto authority on the capacity to guarantee security and protection. She has presented lectures and seminars by invitation at many institutions including the Central European University, Cornell University, DePauw University, the European University Institute, Keele University, Lancaster University, the London School of Economics, Osgoode Hall Law School, Stockholm University, the University of Helsinki, the University of Oxford, University Paris 1 Panthéon- Sorbonne, the University ofToronto, the University of Vienna, the University of Westminster, Uppsala University and the World Trade Organization. Anne Orford
  • 10. MLSNEWS 09/2009 10 Chronox Manek is Papua New Guinea’s Chief Ombudsman. He completed a Master of Laws (LLM) in 2008 because he wanted to learn about current and future developments in the law. “Coming to Melbourne Law School and completing my degree has already cemented me the job as the nation’s Chief Ombudsman,” Chronox said. “I was Public Prosecutor of PNG when I enrolled and was appointed Chief Ombudsman as soon as I completed the program in June 2008. “Further important jobs await me.” Thalia Francis is Jamaica’s Assistant Attorney General. She completed a Master of Tax in 2008. “A Masters degree is an excellent means of shaping an expertise in an area,” Thalia said. “I chose Melbourne because my research showed that the graduate program in tax was amongst the best in the world.” “Ever since my introduction to tax law I have had more than a passing interest in this area,” she said. “I believe tax is an important area of law but lawyers tend to avoid it because of its complexity and perceived tedium.” Thalia wants to teach tax law to students and young lawyers in a way that inspires them to take a greater interest in the subject. “A Masters will give me the knowledge and qualifications to make that contribution to academia,” she said. Luis García works in litigation for a Chilean law firm. He completed his Master of Commercial Law in June this year. “I have always thought that it is fundamental to keep on studying,” Luis said. “Working in commercial law, it is critical to stay up to date as this area is in a permanent path of development.” Najwa Shihab is a TV news anchor in Indonesia and about to complete her LM. “One of the highlights of the learning experience has been the interaction and exchange of ideas that I have with the professors, practitioners and professionals who are truly experts in their field,” Najwa said. When she completes her degree, Najwa plans to return to her job as aTV journalist. “I host and produce a weekly political talk show. My legal background helps me to be more critical in identifying various issues, especially in the legal and political scene of Indonesia.” “This degree will deepen my knowledge and broaden my perspective in analysing legal and political issues in a larger context,” she said. “It will also add to the credibility of my programs.” Lynna Cortés Rueda is a lawyer and accountant with Deloitte Colombia. She is expecting to complete a Master of International Tax this year. “I am sure this degree will catapult my professional development,” Lynna said. “In fact, I was promoted to Manager shortly before coming to Melbourne, which indicates that my company agrees that I’ll be better qualified after completing my degree.” The Melbourne Law Masters comprises Masters degrees and graduate diplomas across 20 core legal areas. Teachers include leading scholars, practitioners and visiting international experts. Classes are limited to 30 students and most are taught intensively over one week, offering convenience to full-time professionals. Over 150 subjects are offered each year. In 2010, over 25 new subjects will be offered, covering issues including commercial contracts, the global financial crisis, planning law and sustainability. Areas such as construction, environmental and international law have also been expanded. Courses and subjects may contribute to CPD requirements and all subjects are available as single subject enrolments. For 2010 course and subject details and application information, contact the Melbourne Law Masters Office: Tel + 61 3 8344 6190 Email law-masters@unimelb.edu.au www.masters.law.unimelb.edu.au Mastering the Law They are driven and ambitious and they’ve chosen to travel from around the world to undertake their Masters with Melbourne Law School. They’re from different cultures and have different goals, but they all agree on one thing: their Melbourne Law Masters degree is already making a difference to their careers. Thalia Francis, Jamaica’s Assistant Attorney General, completed a Master of Tax in 2008. Photo: Joe Vittorio Photo: sourced from istockphoto
  • 11. MLSNEWS 09/2009 11 Muna is an attorney who runs her own firm, Hoja Law Group, which represents small businesses, start ups and non profits in commercial, intellectual property and cross- border transactions. She is currently working at the Special Court for Sierra Leone (SCSL), set up jointly by the Government of Sierra Leone and the United Nations to try those who bear the greatest responsibility for serious violations of international humanitarian law. “I am very hopeful about justice in the world,” Muna told MLS News. “I think that courts such as the SCSL demonstrate that the culture of impunity is fading away,” she said. “I think SCSL provides many lessons in international law. I think the hybrid nature of the SCSL was a good application of lessons learned from ICTR and ICTY because it is important for such courts to be located in the countries where the atrocities took place with the cooperation of the host government so people can see the attempt at justice first-hand.” “There are still problems with the international criminal law system, but I think the legal community is learning and applying the appropriate lessons.” Transitional Trade, established in 2008, is a non-profit organisation that aims to provide a forum and promote awareness of investment and entrepreneurship opportunities to encourage sustainable development and sustainable peace in transitional communities and post-conflict nations. Muna has always been interested in human rights generally. Her interest in trade developed while she was a JD student at Melbourne Law School. She always knew that she would go into public international law eventually, but was not sure in what capacity. She concedes that setting up an NGO is challenging, but she is happy with the progress of Transitional Trade. “My father is from Uganda, a country that is still in conflict [Northern Uganda, that is],” Muna said. “…investment does not affect those in the conflict-ridden area.” “I found it frustrating that there is a lot of investment in the country, but the investment does not affect those in the conflict-ridden area,” she said. “I then found countries like Rwanda and was impressed by the impact of good governance, high foreign direct investment and an active diasporic community and the effect they can have on development. “I was also frustrated by the focus on extractive industries in Africa with little to no benefit for local communities.” The more she researched the impact of trade and investment on peace-building, the more Muna found that little was being done to promote social trade, investment and entrepreneurship. With the support of other like-minded people, she started Transitional Trade. Muna also speaks at conferences and publishes on the legal issues related to investment in post-conflict countries.TransitionalTrade is planning to have a series of lectures in New York highlighting investment opportunities in a selected number of post-conflict countries. In conjunction with her law firm, Hoja Law Group, Transitional Trade also acts as legal counsel for a women’s cooperative in Rwanda where Muna is in negotiations with several African governments to review their trade contracts. “I am happy that my legal practice complements my passion for human rights and post-conflict reconstruction and African economic development,” Muna said. Muna said she would love to return to Australia and do a fellowship or teach. “I had a great experience at Melbourne Law School and I would like to give back,” she said. “I would love to teach a class on Rule of Law in Post-Conflict Countries and, if possible, lead a trip to a post-conflict country which either has a tribunal or a Truth and Reconciliation Commission.” International Culture of Impunity Fading Away There are still problems with the international criminal law system, but the legal community is learning and applying the appropriate lessons, according to Transitional Trade Founder and Executive Director Jacqueline “Muna” Musiitwa (JD 2005). Muna Muna with the Mongolian guards in front of the Special Court. Photo: Peter Moina Conteh by Silvia Dropulich
  • 12. Re-imagining Legal Education in Australia The ‘new’ Melbourne Law School JD, introduced in 2008, replaces the longstanding and widely respected LLB1 as the Law School’s primary degree leading to qualification for practice. MLSNEWS 09/2009 12 By Associate Professor Pip Nicholson Photo: sourced from istockphoto
  • 13. Faculty staff well understood the pedagogical benefits of full-time graduate legal education over the fragmented study of law in combined degrees: ordinarily around 90% of LLB students are enrolled in combined degrees, effectively as part-time law students for their first three years. Further, having graduate students in the law classroom ensures a range of perspectives inform class debate, radically enriching student learning.The multidisciplined student body ensures an interdisciplinary discussion between students. To take just one example, I witnessed graduates in their first law subject in February this year debate the role of the State in the protection of lives, assets and the bush after the ‘Black Saturday’ Bush Fires. The discussion drew on experience, but also offered economic, scientific and political analyses of the role of government. To allow MLS to develop legal teaching based on key attributes of the student cohort, it developed new selection principles. First, selected students would be intellectual leaders from their respective undergraduate degrees and, in many cases, graduate study as well (19% of the JD students selected in 2009 had a graduate qualification), continuing the long tradition of MLS attracting excellent students. Secondly, students would have a compelling commitment and passion for the study of law. Finally, language skills needed to be assured. With very few exceptions, the ENTER score of school leavers is no longer the pathway to MLS.2 Instead, seeking to attract highly motivated students from diverse backgrounds, evidencing high intellectual capability and excellent fluency in English, the MLS Selection Panel3 now relies on three selection criteria based on the principles above. No one criteria is determinative: intellectual excellence, as evidenced by a student’s tertiary studies; satisfactory completion of the Law School AdmissionTest (which, in turn, enables the selection committee to assess students’ analytical capacity under exam conditions); and an 850-word personal statement. Further, social cohesion and a ‘real’ cohort experience, both possible where students all come to the Law School as graduates and commence the full-time study of law, provides a bedrock to further engage students intellectually and socially in their studies. Building on this potential for intimacy and exchange between students, commencing class sizes for the two-week intensive subject Legal Method and Reasoning are capped at 30. Students are then largely in classes of between 20 and 60 students for the remainder of their degree. The class size ensures students hone their legal reading and writing skills. The commitment to classes of this size is a feature of the JD program. Students remain in the same cohort for a semester (ensuring they share most compulsory classes with the same group of 30 – 60 for a 12-week block) and are further organised into syndicates (groups of four to six students) which work to prepare class materials, lead class discussion and in some cases undertake assessment. Syndicate-based learning produces graduates well-prepared for 21st century work practices where experts are frequently found working in multidisciplinary teams. Students are also offered mentoring in the first year of their program (see story on page 12). In their final year, JD students undertake a compulsory legal research subject, working with an academic and a group of their peers on an approved research project. Each student is concurrently completing their own research (often an 8,000-word paper), but is part of a broader intellectual collaboration, so that the students benefit from understanding the many ways in which one issue can be analysed and understood. In 2009, projects include the study of ‘Ethics in Large Law Firms’ and ‘The Coroner’s Court in Law and Society: Role, Function and Structure’; each led by a leading authority who stewards the student researchers also ensuring a cross- fertilisation of ideas. Beyond the reconceived 17-course core curriculum, JD students at Melbourne can elect specialist options, including by taking Master’s-level courses in an unparalleled range of fields. The Law School offers exchange opportunities with many of the world’s finest law schools, as well as the only opportunity for Australians to study at the path- breaking Centre for Transnational Legal Studies in London. And Melbourne Law School affords its students the chance to secure a joint degree in law with such leading global law faculties as the New York University Law School. The three-year JD program, which can be accelerated and completed in two or two and a half years, also affords students sufficient time to become fully active in Law School life (see story on page 11). JD students are also working beside LLB students on journals and in MLS competitions, maximising the opportunities offered by co-curricular activities. They are assisted in this by having already succeeded in the transition to tertiary study and by not concurrently studying for another degree. MLS is confident that the JD program offers the best opportunities available in Australia for the study of law and that it will continue to develop an enviable international reputation. If you have any queries about any aspect of the Melbourne JD please contactAssociate Dean (JD)Associate Professor Pip Nicholson on +61 3 8344 6208 or p.nicholson@unimelb.edu.au. Associate Professor Pip Nicholson (BA/LLB 1989, MPP 1994, PhD 2002), is the Associate Dean responsible for the JD program. References 1 The final intake of LLB students was in 2007 and the Law School will continue to teach LLB students through to completion – at least until 2013. 2 There is one exception to this approach. MLS currently has a guaranteed pathway to a Commonwealth Supported Place for secondary students achieving a score of 99.9 and undertaking tertiary studies at the University of Melbourne who obtain a 75 point average in their tertiary studies.The first intake of students via this route will be in 2011. Students with an ENTER over 99.0 are guaranteed a full-fee place. 3 The selection committee comprises the Dean, Deputy Dean and several senior academics and is chaired by the Associate Dean (JD). MLSNEWS 09/2009 13 It also builds on the Melbourne Law School’s (‘MLS’) prior experience in JD teaching developed since 2000 when it first introduced a JD program. MLS’s commitment to the graduate teaching of law, leading to admission to practice in Victoria and, by mutual recognition, around Australia, was supported by over 60 faculty at a day-long conference in late 2005; effectively the faculty declared the need to rethink legal education creatively in Australia.
  • 14. MLSNEWS 09/2009 14 While the mooters all relished the opportunity to compete in the High Court beforeThe Hon Chief Justice Robert French and MLS alumnus Professor Hilary Charlesworth AM (LLB (Hons) 1980), the real highlight was what Sienna Merope describes as “those moments of knowing you’ve figured something out as a team – they were the most intellectually stimulating and rewarding, and they are what built the five of us into such a close team and good friends.” Speaking about their experiences, the mooters modestly gloss over their achievement in beating 14 other Australian universities in Canberra, as well as teams from Malaysia, Guyana, Belarus and the UAE at the international qualifying rounds. Instead, they emphasise the myriad opportunities that participating in the Jessup moot has opened up for them. Sienna confidently asserts that “you learn more from the Jessup about law generally than you could hope to from any other experience…The people you meet – academics, Jessup alumni, and other competitors – are valuable legal contacts.” Sonja Zivak concurs, explaining that “the Jessup moot completely changed the way I think about the law and taught me invaluable advocacy and reasoning skills that I can apply to any problem I encounter from now on.” David Heaton had previously competed in the winning 2006 – 2007 WTO moot team. Following that success, he undertook an internship in Geneva. Now that the Jessup moot is over, he has been busy co-presenting a paper in Geneva to a wide range of WTO and government officials with his former coach, Associate Professor Andrew Mitchell, as part of the WTO Appellate Body Secretariat’s Speaker Series. Like his teammates, David is deeply grateful to the coaches. He affirms the “amazing opportunity has really only come about because Melbourne has people like Associate Professor Andrew Mitchell and Tania Voon, who are regarded as leaders in their fields.” David is now participating in a prestigious World Trade Institute summer course at the University of Bern. He feels his mooting activities have placed him in an advanced position for this course and he has enjoyed meeting representatives of various national governments, NGOs, and multinational corporations. David is living proof of the global experience that Melbourne Law School strives to offer its students. Unlike David, Sonja was new not only to mooting but to law. She joined the team only two months after commencing the JD. Sonja’s undergraduate studies in journalism and literature have equipped her with powerful communication skills. Sonja ordinarily has to work to support herself. Since recently being awarded the DLA Phillips Fox Geoff Masel scholarship, she has been able to “keep part-time work to a minimum, resulting in more freedom to pursue extracurricular activities.” Those extracurricular experiences are of vital importance to how law is now taught at Melbourne Law School. Students are encouraged to pursue global experiences, thus becoming equipped with real-world skills and exposed to truly outstanding opportunities. “the Jessup moot completely changed the way I think about the law” David echoes Sonja’s enthusiasm for learning beyond the classroom, declaring the Jessup moot “a fantastic extra- curricular activity that vastly supplemented my previous studies in international law. The skills that you pick up in terms of advocacy are of global application,” he said. Melbourne Law School thanks Allens Arthur Robinson, Jessup International Law Moot Inc. and Mallesons Stephen Jaques for their generous support of our students in this competition. by Roger Nelson Student Mooters Go To Washington For the five students who took part in this year’s Jessup moot, acclaim and glory following their win in Canberra and their participation in the World Final in Washington DC was just a bonus. The moot team comprised Felicity Ryburn, Seamus Coleman, Sonja Zivak, David Heaton and Sienna Merope.
  • 15. MLSNEWS 09/2009 15 Melbourne Law School has won the 2008 – 2009 European Law Students’ AssociationWTO Moot Court Competition inTaipei. The Melbourne team comprised Laura Bellamy, Rudi Kruse, Erica Leaney and ChristopherTran, coached by Associate Professors Andrew Mitchell (LLB (Hons) 1998) andTania Voon (LLB (Hons) 1997). They prevailed over teams from Spain, Colombia and the Netherlands before going on to defeat Duke University (USA) in a closely fought Grand Final before an expert bench of nine panellists, chaired by Professor Mitsuo Matsushita, a former WTO Appellate Body Member. In addition to winning the competition, the team received awards for Best Overall Written Submissions, Best Oralist in the Semi-Finals (Christopher Tran), and Fifth Best Oralist in the Preliminary Rounds (Rudi Kruse). The team’s prizes include scholarships to complete the five-week Summer Academy of the World Trade Institute in Berne as well as specialised courses in conjunction with the University of Barcelona’s new Master of Laws in International Economic Law and Policy. Melbourne Law School is now the only institution to have won this global competition more than once. Melbourne first entered the competition in 2006 – 2007 and won the Final Oral Round in Geneva that year. Associate Professor Tania Voon describes coaching the team as “a very long journey, commencing with team selection in May 2008 and continuing for an entire year.” Key to the team’s success was the coaches’ insistence that the students conduct detailed primary and secondary research. Tania contends that the Law School’s involvement in the WTO mooting competition “offers a wonderful opportunity for law students to develop their oral and written skills and legal research abilities,” as well as enabling students “to get to know barristers, solicitors, academics, and governmental and intergovernmental officials throughout the world.” Melbourne Law School thanks Telstra for its continued support of our students in this competition. The Jessup moot team pictured in the High Court of Australia, where they won the Australian rounds. L – R: Felicity Ryburn, Seamus Coleman, Sonja Zivak, David Heaton, Sienna Merope Photo: supplied courtesy of the Jessup moot team By Roger Nelson WTO Moot Team Wins In Taipei
  • 16. MLSNEWS 09/2009 16 Mentoring Success by Silvia Dropulich Ms Christine McCarthy (LLB 1976, LLM (CW) 2000), mentor to first-year JD student Bin Hao, at the launch of the mentoring program on 11 May 2009. Photo: Joe Vittorio Although only a few months into the Melbourne Law School Mentor Program, mentors and students are already reporting impressive results with many mentors keen to be involved again and students thrilled with the personal guidance they are receiving. The Program was developed by the Law School’s Careers Office to support orientation for first-year JD students – Melbourne is one of only two law schools in Australia with a Careers Office based in the faculty. The Mentor Program is designed to support the students’ formal academic training by providing a link into the profession and exposure to the practical realities of working in the law. For Jasper Hedges, the best advice Kerry Greenwood (LLB 1979) (Duty Solicitor, Legal Aid, Sunshine) has given him is that studying law is like studying a new language, ‘you’ve to stick at it and eventually it will click”. “I’m still waiting for that click, but I’ve got plenty of stick, so theoretically I’ve got nothing to worry about,” Jasper said. Both he and Kerry are pleasantly surprised at what they believe has turned out to be a perfect mentor/mentee match. “I’m very pleased to have a mentor who has interests outside of the legal world, as I’m not the type of student who was ‘born’ to be a lawyer,” Jasper said. “I often dream of being an author, so to be matched with a successful author is fantastic.” Kerry has been mentoring Jasper since May and is hoping that she will prove useful. “I’m honoured at being selected as a mentor and whoever found me and Jasper knew what they were doing,” Kerry said. “He reminds me of me at the same age.” Kerry believes the best advice she can give Jasper – or anyone studying law – is to not take it too seriously – “it’s law, not life.” For Christine McCarthy, (LLB 1976, LLM (CW) 2000) (Senior Legal Counsel, Worksafe), a good mentor is someone who has relevant experience and who wants to use that experience to help someone else. She has been mentoring Bin Hao since May and they are currently working on organising a seasonal clerkship for him. She describes her student Bin as a very conscientious young man keenly focused on passing his law degree and finding a job. “While these are very valid concerns,” said Christine, “I would also like to imbue in him a sense that while the law is intellectually rigorous, it can also be a lot of fun.” For Bin, having a mentor means having the opportunity to observe how a senior legal practitioner thinks and operates. “Christine has such a busy schedule but she is able to handle all things properly and efficiently,” Bin said. “She is a very good listener, is interested in different views, and likes to share her own experiences.” From a practical point of view, Bin is delighted with the career planning support he is receiving from Christine. “Christine is helping me to evaluate legal and alternative career options, hone my job seeking skills and providing me with information on sources of potential employment opportunities.” When he first discovered his mentor would be Clayton Utz Chief Executive Partner David Fagan (LLB 1979, LLM 1983), James Remington was a little overwhelmed. He was worried how he, as a student, would relate to someone of such standing. “However, it soon became clear that David was very easy to engage with as a lawyer, a company director, and as a person,” James said. David has been mentoring James and Dale Hutchinson since the Mentor Program started in May. “We have regular discussions and briefings on the practice of law, including seasonal clerkship programs, graduate programs, and our CPD program,” David said. “And we’ve met with a leader of our pro bono practice to discuss the breadth of work we do for the disadvantaged and in public interest cases.” David believes being a lawyer is a an exciting career and advises his students to immerse themselves in the study of law as they will find their University work of significant value in practice. “Law is at the cutting edge of many issues being played out in society,” David said. “It is great to be part of a valued and important profession. “I think the Mentor Program will be of benefit to the students and me – it’s a great initiative of the Melbourne Law School.” Meanwhile, for Dale, having a mentor has provided him with a great opportunity to meet someone who can give “you a realistic picture of what working in the legal profession is like.” “David has been very generous in giving us his time and attention,” Dale said. “He has also been very proactive in organising our meetings and corresponding with James and myself.” The MLS seeks to extend the Mentor Program, developing both its capacity to support greater numbers of first -year students and their diverse interests. If you are interested in becoming a mentor, please contact the Program Coordinator, Helen Green on +61 3 8344 1000 or by email h.green@ unimelb.edu.au or register online www.careers.law.unimelb.edu.au
  • 17. MLSNEWS 09/2009 17 ALUMNI HIGHLIGHTS Awards Ceremony The annual Awards Ceremony was held in May at the Law School. The Dean, Professor James C. Hathaway, was joined onstage by many of our most generous sponsors and benefactors. Mr Allan Myers AO QC was guest speaker, delivering an inspiring address to the Law School’s best and brightest students, as well as their friends and families. Chancellor’s Circle The Chancellor’s Circle is the University’s community of generous benefactors who demonstrate leadership and commitment to the University of Melbourne through annual gifts of $1,000 or greater. In recognition of the University’s gratitude, Chancellor’s Circle donors are invited on occasion to special events to interact with University leadership, academic staff, students, and fellow Chancellor’s Circle donors. Three generations of alumni The May graduation ceremony for Melbourne Law School saw three generations of alumni gathered in celebration. the Dean, Professor James C. Hathaway, with John Henry (LLB 1969) and Mary Henry at the Chancellor’s Circle Reception in May. photo: paul phillipson L – R: Peter Nedovic (LLB (Hons) 1971), George Nedovic (LLB 2009), George Nedovic (LLB 1959). Photo: les o’Rourke Gordon Hughes (LLB (Hons) 1972, LLM 1973) of Blake Dawson presenting the Blake Dawson award for Trusts to Jeffrey Martin (JD 2009). The hon Justice Hartley Hansen (LLB (Hons) 1965) presents Alice Ashbolt (LLB (Hons) 2008) with the Supreme Court Prize, awarded to the student placed first in the LLB final year Honours list. L – R: Peter Rashleigh of DLA Phillips Fox, Andrew Stops of Piper Alderman, Joanne Cameron (LLB 1989) of Mallesons Stephen Jaques – all three firms generously sponsor awards. Photos: les o’Rourke
  • 18. Melbourne Law School expresses sincere appreciation to the following individuals, families and organisations who have donated or sponsored during the 2008 – 2009 financial year. Your contributions are vital in supporting our initiatives to sustain access and excellence. STUDENT ACTIVITY AND SCHOLARSHIPS The Melbourne JD Harold Ford Scholarships His Honour Judge Graham R. Anderson Anonymous Donor Her Honour Judge Jane A. Campton The Honourable Alex Chernov AO QC and Mrs Elizabeth M Chernov Mr Philip D. Crutchfield Professor James C. Hathaway Mr Peter J. Jopling QC Her Honour Judge Irene E. Lawson and Mr Brendan F. Kissane Arnold Bloch Leibler The Honourable Justice Ross M. Robson QC The Honourable Justice Mark S. Weinberg The John and Alison Kearney Overseas Scholarships – Five Year Program Dr John F. Kearney AM QC and Mrs Alison Kearney Melbourne Law School Scholarships Anonymous Donors Ms Debra L. Brown The Honourable Frank H. Callaway RFD QC Mr Ian R. Campbell The Honourable Stephen P. Charles QC Professor Sandford D. Clark Mr Stephen E. Creese Mr Alexander J. Duncan Mr James M. Dwyer The Honourable Frank Dyett Mr Malcolm Evans Associate Professor Simon Evans Francis Forbes Society for Australian Legal History Mr Kenneth W. Fraser Mr James H. Frederick Mr Graeme P. Freeman Associate Professor Pamela F. Hanrahan Mr Douglas M. Hocking Mr Michael A. Kelly Professor Andrew T. Kenyon Mrs Enez L. Lesser Mr Kwok Y. Liu and Mrs Amy Y. Liu Professor Emeritus Harold Luntz Mr George P. MacKenzie OBE RFD Macquarie Group Foundation Mr Martin Marks G.J. McNaught Pty Ltd – Ms Glenda J. McNaught Mr Allan L. Moore Mr Theodore H. Moss Sir Laurence M. Muir VRD His Honour Paul R. Mullaly QC His Honour Judge Damian Murphy Mr Timothy D. Neilson The Honourable Robert D. Nicholson AO Miss Leanda Nissen The Honourable Dr Ray M. Northrop QC His Honour Judge Kevin P. O’Connor AM Mr Gerald J. Parncutt Mr Michael R. Pearce SC His Honour Peter U. Rendit QC Mr Thomas G Ridgeway Mrs Norma L. Riley The Honourable Justice Donnell M. Ryan Mr Paul D. Santamaria SC Ms Lisa K. Sarmas Mrs Faye Skepper Mr Martin A. Simek Professor Robin L. Sharwood AM Mr Philip H. Solomon The Right Hononourable Sir Ninian Stephen KG AK GCMG GCVO KBE Mr Robert Stewart Associate Professor Miranda Stewart Mr Richard A. St John Mr George Gerald M. Swinburne Ms Amber J. Taverner Mr Robert K. Todd AM Mrs Hilary F. Tracey The Honourable Justice Richard R. Tracey RFD Mr Kevin Truscot Mr Ian G. Waller SC Mr Edward R. Walker Mr Timothy J. Walker The Honourable Justice Mark S. Weinberg The Honourable John R.Wilczek Mr Leon Zwier Donovan-Johnston Memorial Scholarship Estate of Kathleen Mary Johnston administered by Perpetual Trustees Company Limited Brian Shaw Prize Mr Michael R. Pearce SC Ms Melanie Sloss SC Malcolm D.H. Smith Memorial Scholarship CommAsia Australia Pty Ltd The Honourable Justice Robert S. Osborn Mr Daniel Rosen Dr Rosalynd E. Smith Mooting Activities Ms Janice Luck Telstra Global Education Scholarships Anonymous Donors Professor Andrew F. Christie Professor Michael Crommelin AO Ms Susan M. Haslam Mr David A. Jones AM Mr Leigh Masel Associate Professor Pip Nicholson Mr Michael B. Robinson AO Mr David W. Rogers AO Student Prizes Alan Missen Foundation Allens Arthur Robinson Blake Dawson CCH Clayton Utz Clifford Chance Corrs Chambers Westgarth Davies Collison Cave Deacons DLA Phillips Fox Freehills Galbally & O’Bryan Hall & Wilcox Harmers Workplace Lawyers Herbert Geer Holding Redlich The Leo & Mina Fink Fund Licensing Executive Society Mallesons Stephen Jaques Minter Ellison Piper Alderman Lawyers Supreme Court TAC PUBLIC LECTURES Allen Hope Southey Memorial Lecture Mr Guy F. Southey Mr Jonathan E. Southey Mr Patrick R. Southey Mr Rob Southey Mr William B. Southey Peter Brett Memorial Lecture Anonymous Donor ACADEMIA The Melbourne Oxford Collaboration Project – Research, Scholarships and Collegial Relations Mr Allan J. Myers AO QC and Mrs Maria J. Myers AO Tokyo War CrimesTrial Conference Squaw Chop 2 Pty Ltd – Mr Bradley Watson Law Library Anonymous Donors Mr Thomas E. Bostock Brilliant Target Migration Solutions – MrTiantao Zhang Mr Trevor S. Cohen Mr Robert J. Cornall AO Mr Peter Couzens Mr James C. Cox Dr Stephen P. Donaghue Honour Roll MLSNEWS 09/2009 18 Donations made since 1 July 2009, including those made during the Law Annual Appeal, have been gratefully received and will be honoured in the next edition of MLS News.
  • 19. Melbourne Law School’s recently launched Mentor Program is seeking experienced professionals across all sectors to assist to mentor in 2010 and beyond. To learn more about the Mentor Program, please see the article on page 12.The Program is central to the Law School’s commitment to providing our students with the broadest possible range of experiences and opportunities to learn real-world skills both in and out of the classroom. This exciting new initiative further strengthens the relationship between Melbourne Law School and the profession. It also provides an opportunity for mentors and their firms to develop a relationship with students at the moment they enter the legal world as a first-year JD student. To register your interest in being contacted by the Mentor Program coordinator, please fill in the form below and mail to: Melbourne Law School Advancement Office The University of Melbourne,Victoria 3010 Name Address State Postcode Phone Email Year graduated from Melbourne Law School For more information, please visit careers.law.unimelb.edu.au/go/ current-students/mentoring or email h.green@unimelb.edu.au Interested in mentoring a first-year student? Mr Michael Dowling Mr David J. Freedman Mr Michael D. Heaton SC Mr Perry D. Herzfeld Mrs Caroline Johnston Mr Jim Lemaire Mrs Enez L. Lesser Mr Rodd A. Levy The Honourable Francis B. Lewis Mr Otto Luznik The Honourable Associate Justice Kevin J. Mahony Mr John P. McKenna Mr Paul D. McSweeney Mr Edward W. Muntz Mr Anthony D. O’Donoghue Mr Hamish L. Redd Mr Keith A. Skinner Mr Robert W. Sultan The Honourable Justice Richard R. Tracey RFD Ms Ruth Trait Professor Douglas G. Williamson RFD QC RESEARCH CENTRES & INSTITUTES Asian Law Centre Australian Government Attorney-General’s Department Asia Pacific Centre for Military Law Australian Red Cross Department of Defence Martinus Nijhoff Publishers, Leiden TMC Asser Instituut,The Hague Mr Bradley Watson Centre for Employment and Labour Relations Law Allens Arthur Robinson Arnold Bloch Leibler Baker & McKenzie Blake Dawson Corrs Chambers Westgarth DLA Phillips Fox Freehills The Honourable Justice Peter R. Gray Holding Redlich Justitia Lander and Rogers Maddocks Mallesons Stephen Jaques Maurice Blackburn Cashman Middletons Minter Ellison Lawyers Rigby Cooke Lawyers Ryan Carlisle Thomas Trindade Farr & Pill Fair Work Ombudsman Centre for Media and Communications Law Allens Arthur Robinson Austar Entertainment Baker & McKenzie Banki Haddock Fiora Corrs Chambers Westgarth Fairfax Media Gibson Legal The Herald & Weekly Times Mallesons Stephen Jaques Septimus, Lee & Jones Seven Network Intellectual Property Research Institute of Australia IP Australia KCA – Knowledge Commercialisation Australasia IPTA –The Institute of Patent and Trade Mark Attorneys of Australia Since 1998, Davies Collison Cave has sponsored a Chair of Intellectual Property. “The firm has a long tradition and commitment to the advancement of education and training in intellectual property, and sees Melbourne Law School as a pioneer and leading contributor to teaching at a postgraduate level. Contributing to that education and training is, we feel, part of our social responsibility. Many partners and staff of the firm are graduates of the University of Melbourne not only in law, but also in science and engineering, and have feelings of loyalty and pride in the institution. We also see the donation of prizes and support for the DCC Chair not only as a means for encouragement of students to learn and excel in intellectual property, but also as a means to promote our profile as a leading intellectual property firm both to our clients and to students who may be future employment prospects.” DAVIES COLLISON CAVE – sponsor of a chair of intellectual property Tim Neilson (LLB (Hons) 1983) decided to give $30,000 to Melbourne Law School scholarships during this year’s Law Annual Appeal. “I decided to give to the Law School I went through. I am grateful for what others did that made my time as a student at the Law School so beneficial to me, and I hope that students will continue to have the same quality of experience that I did. And I decided to give to scholarships because clearly scholarships are important for students.” A Director of leading specialist tax firm Greenwoods & Freehills, Tim is a member of the Advisory Board of Melbourne Law School Tax Group and is a Senior Fellow in the Melbourne Law Masters Program, having taught in the program for seven years. Tim Neilson – a $30,000 gift to scholarships PICTURED: Mr Keith Leslie, Senior Partner, Davies Collison Cave PICTURED: Tim Neilson Photo: Peter Casamento
  • 20. www.masters.law.unimelb.edu.au Melbourne Law School Australia’s first, Australia’s global The Melbourne Law Masters: The professional edge The Melbourne Law Masters offers a huge range of innovative programs and high calibre teaching by international experts, local practitioners and respected scholars. Intensive classes are ideal for busy professionals. Get a professional edge in 2010 - contact the Melbourne Law Masters for a copy of next year’s program and application details. Phone + 61 3 8344 6190 Email law-masters@unimelb.edu.au CRICOS: 00116K Theory’s fine to a point. But textbooks don’t give you a feel for what happens in the real world. Studying for my masters allows me to connect with legal minds who are out in the field every day. Their experience has opened my eyes to all sorts of possibilities. I chose Melbourne Law School. Title Name Organisation Address State Postcode email phone Please direct my support to: Melbourne Law School’s highest priorities: Law Library Melbourne Law School Scholarships Global Education Scholarships – MLS Students Overseas Study & Research The Melbourne JD Harold Ford Scholarships Other Here is my single gift of: Chancellor’s Circle $1,000 $2,000 $2,500 $5,000 Other $ OR $100 $250 $500 Please establish a recurring gift (Visa or MasterCard only): $25 $50 $75 $100 $250 $500 Chancellor’s Circle $1,000 Other $ Monthly Annually FOR 1 Year 3 Years Enclosed is my cheque or money order (Payable to The University of Melbourne) OR Please charge my credit card: Visa MasterCard American Express Name as appears on Card: Expiry Date: / Signature: In publications and donor honour rolls, I/we wish my/our name to read as follows: Please do not publicly acknowledge this gift. Please contact me about: The Melbourne JD Harold Ford Scholarships Establishing a scholarship at Melbourne Law School I have already included Melbourne Law School in my will I intend to make a gift in my will to Melbourne Law School when I make my will/next update my will I am considering making a gift in my will to Melbourne Law School and would like some further information to be sent. Please return your form to: Melbourne Law School Advancement Office –The University of Melbourne,VIC 3010 Thank you for your support! The University of Melbourne ABN 84 002 705 224 has been endorsed by the ATO as a deductible gift recipient (DGR). All gifts of $2.00 or more are tax deductible in Australia. The University protects your privacy in accordance with the Information Privacy Principles of the Information Privacy Act 2000. The University’s privacy policy is available at www.unimelb.edu.au/unisec/ privacy/privacypolicy.html Yes! I want to support Melbourne Law School We hope you enjoyed this edition of MLS News and we welcome your support to sustain access and excellence at Melbourne Law School.