Law

Law Matters

April 2004 News from the Monash Law School community

Photo courtesy of Archives

The first Monash Law School staff and students in 1964. Life begins at 40! Inside: As one of Australia's largest and most until the new university had firmly planted itself It may be legal but is prestigious law schools, Monash Law enjoys a onto the educational landscape. However it just? Page 2 broad teaching base, strong international links circumstances intervened and ’s and a world-class reputation, and all this in just decision to limit its law intake together with a Age no barrier for Victoria’s four decades. demand by the legal profession for more recruits, Page 3 cemented the urgent need for a new Law School youngest Mayor As we celebrate 40 years of the Monash Law at Monash. School and the onset of a new era, we look back Australia Day pride Page 3 on its humble beginnings, the people who made As a result, the countdown began and enormous the dream a reality and its graduates who have pressure was placed on those responsible for It’s never too late made it what it is today. creating the new Faculty. With limited resources, to learn law Page 5 It is almost ironic that when Monash University the challenge was to develop a law school that was established in 1961 to contend with the would provide a standard of education to match Reconnect with the increasing demand for education within the that of The and to ensure community, it coincided with the University of graduates would have the respect of the legal Law School Page 7 Melbourne’s implementation of a quota on the fraternity. The founders were conscious that number of law students it would accept. Monash Law should never be seen as an ‘overflow’ Celebrating our for Melbourne but as a leader in legal education Although a law school was always planned for high achievers Page 7 Monash, it was not intended to be established in its own right. continued on page 4 Events 5.30pm: Thursday, 20 May 2004 SPECIAL EVENT MAY Twilight seminar: Responsive regulation in Australia 16–22 May 2004 and for developing economies Law Week 2004 Allens Arthur Robinson, Melbourne Thursday, 19 August 2004 www.law.monash.edu.au Ph: (03) 9905 3303 Monash Law Alumni www.liv.asn.au/lawweek/ 23–29 May 2004 40th Anniversary Gala Dinner 5.30pm: Wednesday, 19 May 2004 The Greek Conference: Professional Responsibilities The great Law Week debate: – where to now? Ethics, etiquette and culture For more information call us now on ‘Babies by design’: Should the law allow genetic – perspectives of professional lives (03) 9905 2326 (see page 4 for details). engineering to create the perfect baby? Rethymnon, Crete, Greece Legislative Council, Parliament House, Melbourne Ph: (03) 9690 2033 Ph: (03) 9905 2326

1 www.law.monash.edu.au

Faculty news

It may be legal but is it just?

Since the inaugural Costello Lecture in 2001 He discussed how Australia’s laws disadvantage when Reverend Tim Costello addressed ‘the the poor and other marginalised groups. power of asking questions’, these stimulating “How many people do you think we prosecute lectures on social justice and ethics have for actually making fraudulent claims on their attracted great interest. insurance? How many of these people do you This year’s lecture, held at the County Court was see in the system compared with how many presented by leading entrepeneurial thinker and black kids you see for stealing bikes? Whose law doer on social welfare issues, Father Nic Frances. is this anyway?” he asked. From left, Mr Ian Pyman, President, Monash Law The event attracted 150 legal professionals, Father Frances stated that in previous years Alumni, Father Nic Frances, Reverend Tim Costello, not-for-profit representatives, students and CEO, World Vision Australia, and Monash Dean of about 20,000 people had gone to court and alumni, who were asked some challenging Law, Professor Arie Freiberg. received a fine or conviction for cheating questions about the struggle between ‘what is on their welfare payments. legal’ and ‘what is just’. Father Frances went on to push the envelope “Thousands, tens of thousands of people in regards to questions of social justice and “The reason you are here is that you are are going through the court system for urged us all to work towards a future where passionate about the world, the reason you cheating for $100 or $200. true equality could become a reality. trained because you are passionate about the world, passionate about people and passionate “Yet GST fraud is huge – companies are actually about fairness,” Father Frances said. avoiding tens of thousands of dollars, but we don’t prosecute. Why is that? What is justice and who’s fair and what does fairness mean?” he asked. ‘Babies by design’ The great Law Week debate – Should the law allow To celebrate Law Week and genetic engineering to create the ‘perfect baby’? the 40th anniversary of the Monash Law School, we are proud to present this legal and ethical debate on the Are you living legalisation of ‘designer babies’. in the UK? Featuring special guest Moderator, Campbell McComas. Are you a Monash Law graduate or do Date: Wednesday, 19 May 2004 you know any who are currently living in Time: 5.30pm registration, the UK? If so we want to hear from you. 6.00pm start Location: Legislative Council, To assist us in organising alumni events in Parliament House, the UK please forward your contact details Spring Street, Melbourne. RSVP: Friday, 14 May 2004 including email and mailing address to Reply to Sam Hawkins [email protected]. on (03) 9905 2326 or email [email protected]

Proudly supported by the City of Melbourne Law

Want to include something in the next edition of Every effort will be made to include contributions Something Law Matters? however space is limited. Please understand that items may be edited or not included. If you have an interesting story or something to say? you wish to say, please contact Jodi on + 61 3 9905 2630 or email 2 [email protected] Age no barrier for Victoria’s youngest Mayor

Councillor Clare O’Neil’s final year of her Bachelor Before being elected, Clare, as a local resident, of Laws at Monash has been put on hold after witnessed first hand issues affecting young recently being elected Mayor of the City of people in the area and decided to run for Council Greater Dandenong. in the hope of giving the region’s youth a voice.

Clare finished the Arts element of her double “In local government you have the opportunity degree two years ago with a major in History. to help people with the practical issues that are She will now complete her last seven units of raised and you can really have a grass roots Law on a part time basis while juggling the impact. Being on Council gives me the demands of her new role as Mayor. opportunity to do that in an innovative way.

In March, after holding the position of local “Since the age of 14 I have always been interested Ward Councillor for just one year Clare became in policy and stepping into the role of a local the youngest female Mayor at the age of 23. representative was a natural progression,” she said. Clare won the majority of votes from her fellow Dandenong Councillors and will now represent Clare has attained a number of skills during the city’s 124,000 residents. her time at Monash, many of which have helped her with her current role. “I think it’s a huge responsibility but I’m looking forward to the year ahead,” she said. As a past board member of the Springvale Monash Legal Service, Vice-Chairwomen of the Having spent a considerable amount of time Monash Law student Clare O’Neil’s law studies have Springvale Community Aid and Advice Bureau, carrying out community work around the City of been put on hold while she serves as Mayor for the and an English teacher to refugees, Clare has Greater Dandenong, Clare is passionate about City of Greater Dandenong. always been an active student. the municipality and her new role. Australia Day pride Australia Day 2004 saw three Monash Law School representatives acknowledged for their outstanding contribution to the community.

Second-year Monash Law/Science student “Monash University has a strong commitment to Hugh Evans was announced Young Australian Hugh’s efforts in creating a better world, and is of the Year for his remarkable humanitarian delighted by the links he has built between the efforts on behalf of some of the world’s most Oak Tree Foundation and Monash South Africa. underprivileged children. His activities in supporting some of the world’s most disadvantaged people set an example for Hugh, the founder of Australia’s first youth-run all of us to follow,” Professor Larkins said. international aid organisation, the Oak Tree Foundation, described the award as an In addition to Hugh’s remarkable achievement, incredible honour that reminds us all of our two distinguished Monash Law alumni were also obligation to help others. recognised on this year’s Australia Day honours list.

“We are fortunate to call ourselves Australians, Campbell McComas (BA(Hons) 1977, LLB 1978) living in such a prosperous nation. This was recognised with an AO (Officer of the Order prosperity gives us all a responsibility, even a of Australia) for his service to the entertainment duty, to be a generous nation. I think all young industry as a speaker, actor and broadcaster, Australians, indeed all Australians, have no and to the community through fundraising for choice but to be actively involved in creating a charitable organisations. Vice-Chancellor Professor Richard Larkins better world,” he said. congratulates Young Australian of the Year, Monash John Alfred Emerson (BJuris 1970, LLB 1971) Law/Science student Hugh Evans. Vice-Chancellor Professor Richard Larkins was also acknowledged with an AC (Companion joined the Monash community in congratulating of the Order of Australia) for service to the law Mr Evans. and to the community, particularly through the provision of advice to charities and non-profit “I am absolutely delighted that the outstanding organisations and the development of public work of Hugh Evans has been recognised in administration reform to encourage philanthropy this way. It is particularly significant that his in Australia. humanitarian activities have been acknowledged 3 by this award.

Feature

Life begins at 40!

continued from page 1

The success of Monash Law was dependant upon obtaining exemplary staff, the necessary research materials and of course a valued and respected Foundation Dean who could ensure the highest standard of legal education.

In October 1963, Professor David P. Derham was appointed as the first Dean of Monash Law School. Highly respected in both the legal profession and the academic world, Derham was an established barrister and lecturer in constitutional law at The University of Melbourne and was considered one of Australia’s most acknowledged legal academics. His appointment allayed any fears for the future of Monash Law.

Despite the confidence in David Derham, the logistics seemed overwhelming with teaching due to begin in March 1964, just five months after his appointment. It proved challenging to convince academic staff to From left, Ian Gray, Pamela Tate, Dean of Law, Arie Freiberg, Michael Rozenes, come and teach in a new law school located at Clayton, which was and Stuart Morris. certainly not the geographic centre of Melbourne it is today!

However, with tremendous support David Derham was able to contend with these issues and appoint teaching staff, organise selection processes, It might have been a hurried beginning but nobody could doubt the quality develop course materials and timetables, buy furniture and supplies, and of the law degree, which is evidenced 40 years later by the quality of its of course develop the quintessential element of any good law school; graduates, many of whom now hold prominent positions across a myriad its library. of professions and industries throughout Australia and around the world.

To assist with the development of the law library, Derham appointed In Victoria alone, Monash Law graduates hold some of the most senior Professor Frank Beasley who began the complex task of establishing a positions in the judiciary including: Marilyn Warren, Chief Justice of Victoria; comprehensive law library in a very short period of time. The legacy of his Michael Rozenes, Chief Judge of the County Court, Ian Gray, Chief tireless work is still evident today as the Monash Law School undeniably Magistrate of Victoria; Stuart Morris, President of the Victorian Civil and boasts one of the best law libraries in the Southern Hemisphere. Administrative Tribunal; and Pamela Tate, Victorian Solicitor-General.

Monash Law School opened on 9 March 1964, although did not obtain Other notable alumni include World Vision Australia CEO, Tim Costello; its own building until 1968. Federal Treasurer, Peter Costello; ABC radio personality Jon Faine; Victorian State Coroner, Graeme Johnstone; and National Secretary of the Australian Workers' Union, Bill Shorten, and the list goes on.

Today, some of the Faculty’s students are also making a name for themselves including Hugh Evans, the 2003 Young Australian of the Year and Clare O’Neil, Mayor of the City of Greater Dandenong – the youngest ever female Mayor at age 23.

We are very proud of the achievements of the Monash Law School over the last 40 years and if life really does begin at 40 then the future will indeed be exciting for us all. We congratulate and thank all of our past and present students, staff, supporters and friends for contributing to the continued success and reputation of the Monash Law School.

40th Anniversary Gala Dinner In celebration of our 40th year, we will be holding a dinner on 19 August 2004 to relive the last 40 years of the Law School and the Australian legal profession and to acknowledge the outstanding achievements of our

Photo courtesy of Monash University Archives graduates. Speakers will include Marilyn Warren, Michael Rozenes, Ian Gray, Stuart Morris and Pamela Tate. Watch this space and the Monash From left, Sir Robert Blackwood and Professors David Derham and Louis Waller website or email [email protected] for further event details. at the opening of the David Derham School of Law.

Law It’s never too late to learn law In this, the 40th year of Monash Law School, Law Matters caught up with Eileen Stuart, the Faculty’s oldest graduate, who completed her Master of Laws at the age of 80.

Eileen Stuart has always had a passion for the “Many changes resulted from the Code and the law however she grew up in an era when only Family Law Act – the general public had very males were educated, so never in her wildest little understanding of the changes and as a dreams did she imagine that she’d one day result were confused,” she said. work in the profession and even write a thesis In 1994 most of the material from her thesis was on the subject. published by Federation Press in a book titled, Forty years ago, when Monash Law was in its Dissolution and Annulment of Marriage by the infancy, Eileen was about to embark on a life Catholic Church, an achievement Eileen claims altering journey. At the age of 53, and as a as her most outstanding. mother of five children, Eileen decided to put After her distinguished career in law, at the age her role as wife and mother on the backburner of 92, Eileen is now content in retirement helping and pursue her dream job by enrolling in an to take care of her many grandchildren. Her undergraduate law degree at The University dedication, passion and determination to pursue of Melbourne. her dreams is an inspiration to us all. After taking 13 years to complete her Eileen Stuart at Monash after graduating. Matriculation and degree, the transformation from secretary to barrister working at a Lonsdale

Street chambers was not an easy task, but was discussions that reignited my interest in religion, Photo courtesy of Monash University Ar enjoyable for Eileen. marriage and the law,” she said.

“On my graduation day I had to pinch myself, In 1965, at about the same time when Monash I had actually finished my degree,” she said. Law School was established, the second Vatican Council was reviewing marriage regulations, Eileen was admitted to practice at the bar and resulting in laws relating to the annulment and did so for 10 years, but it was her thirst for dissolution of marriage being broadened. These knowledge and need for stimulation that lead reforms sparked Eileen’s interest in the subject. her, as a 76 year old widow, to embark on a

Master of Laws at Monash University. At an age Eileen had always had a keen interest in this chives when most are thinking of winding down their area, and had in fact kept a number of career, Mrs Stuart decided to seize the moment newspaper articles relating to the issue. Her by embarking upon postgraduate studies. forthcoming thesis however got her thinking about this topic from a new perspective. “My husband passed away in 1987 and after Flashback! that I decided to enrol in the Master of Laws at “Out of interest in the subject of religious Professor Gerard Nash was the Dean Monash University. Melbourne University would obstacles to remarriage following civil divorce, of Monash Law from 1977-1980. Here he is pictured in 1973 being escorted to the I began research on its Catholic aspect toward have been the most obvious choice in terms of nearby Notting Hill Hotel – the local pub location but Monash Law offered a range of the end of 1988 – more than a year before its for Monash students, affectionately known subjects I was interested in,” she said. formal approval by the Faculty of Law. as the ‘Nott’.

“I firmly believe there’s a strong need to use the “I’m forever grateful to Monash for accepting my mind to keep it active. My memory was far from thesis proposal and for allowing me to complete perfect when I began my Masters but improved the work, which was on the somewhat unusual immensely as I started using it,” she said. subject of religion and the law,” she said.

As a Masters student, Eileen was required to Eileen’s thesis came at a time when there was a complete a research thesis on a topic of interest. lot of confusion within the community about how religion and marriage coexisted in relation to the “When I began the course I had no idea what I law. In addition to the new Family Law Act, in wanted to write my thesis on, but I was fortunate 1983 the Church introduced a ‘New Code of to meet Professor Asher Maoz, a visiting Cannon Law’ which was made available in academic from Israel who taught an interesting English by the Cannon Law Society of America subject on Jewish Law. In these classes we as a text and commentary. discussed Jewish marriage and it was these 5

Law School community news

First five LLM (LP) graduates secure places in the legal profession

The first five graduates of the Master of Laws (Legal Practice, Skills and Ethics), or LLM (LP), were admitted as barristers and solicitors of the Supreme Court of Victoria on 29 March 2004.

Sabine Phillips, Nina Kirby, Richard Greenfield, Richard Stanley (pictured right) and Fleur McKay (absent) began their law studies in the first intake of students for the LLM (LP) in 2001.

Despite the gruelling pace of study, all five students have succeeded in their goal of changing careers. Richard Greenfield and Richard Stanley have enrolled in the Bar Reader’s Course, whilst Nina Kirby, Fleur McKay and Sabine Phillips have all secured positions as first year solicitors in well known legal firms.

The LLM(LP) is a unique degree that combines the requirements for a qualifying law degree with the practical legal training that allows graduates The first LLM(LP) graduates at a special celebratory dinner held in February. to be directly admitted to legal practice without completing a year of articles. It is the flagship of The LLM (LP) is one of a growing number of Graduates of the program are valued due to the Monash Law School’s postgraduate practical alternative pathways available at Monash Law. their diverse knowledge and understanding from legal education, and has become highly previous studies and professional experience. attractive to mature professionals wishing to change or enhance their career.

Faculty highlights Indonesian goodwill “In an era of increasing commercial litigation this Children in detention – the policy, book clarifies the connection between equity and the practice, the prognosis A delegation of Indonesian government officials, remedies, detailing the rationales and policy including Professor Abdul Bari, Director General behind restitution for fraud,” Dr Glover said. In anticipation of the High Court rulings on the of Intellectual Property; Dr Noorsalam Nganro, constitutional validity of the detention provisions Chairman, Institute for Research and Community Judge honoured in several matters now pending judgment, a Empowerment, Bandung Institute of Technology; panel of human rights experts recently discussed Monash Law recently paid tribute to Judge and Mr Yasmon, Chief, International Cooperation the plight of children in detention. Christopher Weeramantry for his longstanding Section, Directorate General of Intellectual service to the law. Judge Weeramantry, who has The half-day workshop, hosted by Monash Property recently paid a goodwill visit to the had an extensive association with the Faculty, University’s Castan Centre for Human Rights Faculty of Law where they met Dean of Law was made an Honorary Member (AM) of the Law, was addressed by Dr Sev Ozdowski, Professor Arie Freiberg and other representatives General Division of the Order of Australia in Human Rights Commissioner, HREOC; from the Faculty and the University. November 2003. Mr QC; Mr Paris Aristotle, Daryl Dawson launches key Director, Victorian Foundation for Survivors Formerly the Justice of the Supreme Court Monash publication of Torture; and Associate Professor Susan of Sri Lanka, Mr Weeramantry was appointed Kneebone, Ms Adiva Sifris and Ms Tania Penovic Former High Court judge, the Honourable Daryl Sir Hayden Starke Professor of Law at Monash from the Faculty of Law, Monash University. Dawson recently launched Equity, Restitution in 1972. He went on to become a Judge of the and Fraud, a new book by Associate Professor International Court of Justice, where he was John Glover, one of Monash University’s eminent also Vice-President. legal scholars. This fundamental legal text “I have great pride and pleasure to be associated explores restitutionary and proprietary remedies with the Monash Law School. There is enormous of modern equity and will assist lawyers in research and excellence within the Faculty and commercial practice. it is exciting to see our ideas radiate through Australia and the rest of the world,” Judge Weeramantry said. 6

Reconnect with the Law School

As a Monash Law graduate there are a number confidence to current law students, skills which We appreciate that as busy professionals your of ways you can be involved in Faculty activities cannot be learned in a classroom. time is valuable and we will ensure that any and provide support to current and prospective activities you participate in are conveniently To become involved or for more information, law students. By volunteering your time to assist located for you, as well as providing sufficient contact Sam on (03) 9905 2326 or email with faculty-run programs, you will not only be information and support to make your role in this [email protected] helping Monash Law to promote our goals and program as easy as possible. values, you could also become a valuable Faculty Schools Liaison Program If you’re an enthusiastic graduate who is able to mentor to current students. Alternatively, as a graduate of Monash Law you participate in this program, or would like Monash Law Mentor Scheme 2004 can become involved in the Schools Liaison information about how you can get involved, Program, providing information, inspiration and contact Charlotte on (03) 9905 3389 or email Our Mentor Scheme seeks to acquaint current advice about Law at Monash and career [email protected]. undergraduate students with alumni working avenues and opportunities to prospective both within and outside of the legal industry. students, their families and teachers. As a mentor, you will provide advice to current students on the best way for them to develop The Schools Liaison Program forms an effective their Law degree to compliment their preferred way to communicate information about our career choices. faculty as well as the academic and social experience offered at Monash to Year 11 and 12 You will have the opportunity to help students students. As a graduate you can provide an understand what is involved in working as a legal interesting insight into future studies and professional or may be able to demonstrate the possible career directions. benefits of a law degree in careers outside of the legal industry. As a mentor you will provide guidance, support, encouragement and

2003 MONASH LAW SCHOOL PRIZE SPONSORS: Allens Arthur Robinson Arnold Bloch Leibler Australian Advocacy Institute Australian Finance Conference Australian Workers Union Baldwins Blake Dawson Waldron Butterworths Clayton Utz Commonwealth Department of Public Prosecutions Corrs Chambers Westgarth Ebsworth & Ebsworth Freehills Sponsor representatives at the Monash Law School Prize Ceremony. Grice & Grice Hall & Wilcox Celebrating our Recognising and encouraging outstanding Herbert Geer & Rundle achievement contributes to the personal and Holding Redlich high achievers professional growth of students and is a vital Hunt & Hunt element in the development of a university International Commission of Jurists Mallesons Stephen Jaques The annual Monash Law School Prize education. The financial rewards offered with the National Australia Bank Ceremony took place in March this year, prizes were only made possible through the Office of Public Prosecutions honouring achievements for the 2003 academic generous support of the many organisations, Phillips Fox year. The ceremony provided an excellent both within and outside of the legal profession, Phillips Ormonde & Fitzpatrick opportunity to showcase some of the Faculty’s who joined with the Law School in recognising Supreme Court of Victoria TAC Law finest talent and pay tribute to these students the efforts of our high achievers. Taxpayers Australia who, through hard work and dedication, have Monash Law School acknowledges and Thomson Legal & Regulatory accomplished so much in their academic Victorian Institute of Forensic Medicine sincerely thanks the following sponsors for their endeavours. generous support of the 2003 Monash Law School Prize Ceremony. 27 Postgraduate studies and professional development

Postgraduate programs at Monash Law A postgraduate degree from Monash Law School will provide you with the knowledge and expertise to build your career advantage.

We offer a range of flexible courses for both law and non-law graduates including masters degrees and single unit enrolments that are offered on a full or part-time basis.

Monash Law in the CBD: classes are held at convenient times in the new city-based Monash Law Chambers, located in the heart of Melbourne’s legal district.

Master of Laws and Masters Law graduates Non-law graduates by specialisation As a law graduate you can undertake a specialist If you have a degree in a discipline other than masters degree or the generic Master of Laws law but are working in a legal area or wish to Mid-year intake which enables you to choose from a wide range gain legal qualifications or accreditation Monash Law is now accepting applications of subject areas including: (eg. Patent Attorney) you can undertake a • Banking and Finance Law masters degree with a legal specialisation in: for the Master of Laws and Masters by • Commercial Law • Commercial Law specialisation mid-year intake. • Competition Law • Digital Economy Law If you are interested in any of these programs • Compliance, Regulation and Crime* • Intellectual Property Law why not attend our information session on • Copyright and Trademark Law • International and Comparative Law Thursday, 27 May 2004 • Digital Economy Law • Workplace and Employment Law. Monash Law Chambers • Dispute Resolution 472 Bourke Street, Melbourne • E-Laws and Law of the Internet *Compliance, Regulation and Crime • Ethics Contact Heather or Cath on + 61 3 9641 6206/ • Human Rights Law This is a new intensive masters unit offered 6204 or email [email protected] • Intellectual Property Law from 5–9 July 2004. Taught by the Dean of Law, Alternatively call Associate Dean (Postgraduate • International and Comparative Law Professor Arie Freiberg and Dr Fiona Haines Studies) Professor Marilyn Pittard on • Migration Law from The University of Melbourne, the unit will + 61 3 9905 3382. • Privacy Law explore theory, techniques and practices. www.law.monash.edu.au/postgraduate • Tribunal Procedures • Workplace and Employment Law.

Responsive regulation Nowhere is this more true than in the activities When: Thursday, 20 May 2004 at 5.30pm of international business organisations. in Australia and for developing RSVP/further information: economies Global business regulation leader, Professor Kathleen Patterson In today’s global environment, local economic, John Braithwaite will present a twilight seminar Ph: (03) 9905 3303 social and political events have worldwide on responsive regulation in Australia and for Email: [email protected] repercussions. As seen in international security, developing economies, on behalf of Monash Law. Where: Allens Arthur Robinson free trade agreements and environmental Boardroom, level 34 disasters, occurrences in a single country Stock Exchange Centre can influence the rest of the world. 530 Collins Street, Melbourne

Faculty of Law For additional copies Monash University Contact Jodi Rockman on + 61 3 9905 2630 or Clayton, Victoria 3800 [email protected] Australia Monash University Update your contact details on the central University alumni database Law Chambers Online: www.monash.edu.au/alumni/faq/address.html 472 Bourke Street Email: [email protected] Melbourne, Victoria 3000 Telephone: + 61 3 9905 2636 Australia

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