LAW4328 Professional practice, LAW4330 Family law assistance program & LAW5050 Professional practice (JD) - Faculty of Law

Professional Practice & Family law assistance program (FLAP)

• LAW4328 Professional practice
• LAW4330 Family law assistance program: Professional practice
• LAW5050 Professional practice (JD only)

For Professional practice units (LAW4328 & LAW5050), students undertake a placement at a community legal centre. For Family Law Assistance Program (LAW4330) students undertake a placement at a specialist family law program based at a community legal centre.

Both programs endeavour to meet the needs of its community. Under the supervision of qualified lawyers, students provide legal advice to clients, undertake ongoing casework, brief Counsel, and in appropriate cases, represent clients in Court. Students acquire a diverse range of practical legal skills essential for legal practice.

Please note that the application form requires you to be logged into your Monash student account in Gmail. If you receive a permission error message, log out of all other Gmail accounts, log into your Monash student account only before trying again.

Link to application form here.

Please be logged in to your Monash account to access the application form.

2027 Dates

* Dates are subject to change; Professional and clinical units are subject to their own set of Discontinuation Dates. Students should check these before deciding to withdraw from a unit.

Eligibility

In order to be eligible to apply for LAW4328 Professional practice, LAW4330 Family Law Assistance Program (FLAP) or LAW5050 Professional practice (JD students only) students must have:

• An active enrolment in their degree program at Monash;
• You must have completed at least 72 credit points of law study.
• A valid working with children check (Volunteer) under the counsellor category.

Application and Enrolment

Students must read unit information and the Onsite/Remote Clinic FAQs for these units before applying. Please note, it is recommended that students attempt LAW4177 Introduction to family law if applying for LAW4330 (FLAP) or LAW5409 Principles of family law for the family law stream in LAW5050 (Professional practice JD) respectively.

1. Ensure that you meet the eligibility criteria;
2. **Complete the LAW4328/LAW4330/LAW5050 Application Form
3. Successful applicants will be notified by email within 7 to 10 days of application closing date.
4. Students will be enrolled into the unit by Student Services.
5. Applications received after the deadline will only be accepted at the discretion of the unit director with no guarantee of outcome.

**Please note, you can only undertake one professional unit per clinical period.

IMPORTANT: the application form requires you to be logged into your Monash Student account in Gmail. If the form gives you an error message about not having permission, you need to log out of all Gmail accounts, then log into only your Monash Student account, before trying again.

Selection process

Places are subject to a quota (please see Handbook). During the selection process, the following factors may be considered (not set out in order of importance):

• Preference is given to students who are completing LAW4328/4330/5050 towards the end of their degree, and who have not yet completed another clinical unit.
• How many hours and how flexible your external work arrangements may be. If you're doing more than 20 hours per week of paid work, then we may contact you to discuss your flexibility.
• Your study load during the LAW4328/4330/5050 clinical period. If any overlapping units in your study load exceeds 24 credit points, we may contact you to discuss further.
• If you speak languages other than English.
• If you've had relevant community sector experience.

The Convenor of Legal Practice Programs makes the ultimate decision of whether a student is offered a place in the program, subject to the above factors and at their discretion.

Unit Information

LAW4328 / LAW4330 / LAW5050

As these units are integrated with public Legal Services which operate continuously, regular attendance is essential, from the taking-over of clients' files at the beginning of the unit to the hand- over at the end. 'Change-over' takes place in the last two weeks of each clinical period and overlap with the first two weeks of the next clinical period. Reliability and punctuality are essential.

Overview of the Units

This unit is an elective which:

* worth 12 credit points;

* is available in all 3 clinical periods and

* is classified as a Law Research/Professional Elective

In Professional Practice (LLB - LAW4328 / JD – LAW5050) students also develop an appreciation of social justice and access to justice issues and have a heightened awareness of the operation of the justice system, law reform and policy issues. The skills learnt in this unit will be useful for students who wish to practise law, along with students interested in policy, government and social justice career pathways.

New stream for LAW4328 in 2025 - Criminal Law Clinical Program

SMLS has re-established its Criminal Law Clinical Program at Dandenong Magistrates Court commencing CP1 2025. This is a unique opportunity for students to be immersed in the summary crime jurisdiction at the Magistrates Court. This is a Duty Lawyer clinic where students will interview, prepare a plea and represent their client in court under the guidance of a SMLS supervisor. Students will attend this clinic two days per week with each Friday being at the Dandenong Court and the priority day being at SMLS Narre Warren Office.

Students with a passion for helping disadvantaged clients navigate their way through the summary crime jurisdiction will gain invaluable knowledge and experience from participating in this unique opportunity.

In Family Law Assistance Program (LAW4330) students attend Court to instruct Counsel in hearings and will also attend the duty lawyer service at the Dandenong Federal Circuit Court each Monday to assist and advise unrepresented litigants. Students acquire a diverse range of practical legal skills useful for students who wish to practice law (especially family law), along with students interested in policy, government and social justice career pathways.

The Clinical Period

The clinical period runs for 16 weeks (including changeover period). Please note that the dates of the clinical period are different to those of normal teaching periods. While University holidays are observed attendance at the clinic is continuous.

Format of the Unit and Workload Requirements

Students should note that these are the minimum workload requirements and there may be occasions when you will be obliged to spend additional time at the clinic.

The student is placed either at the Monash Law Clinics Clayton or at the Springvale Monash Legal Service (LAW4328 only) or Monash Law Clinics City (LAW5050 only). In the week prior to the commencement of the clinical period, students are required to attend a compulsory full day Orientation Session.

Minimum total expected workload to achieve the learning outcomes for this unit is one half-day Legal Service client intake session per week for 16 weeks (including non-teaching period) plus one and a half days per week client follow-up, which equals two days per week, and including one onsite seminar day and 4/5 online seminars over the clinical period. Scheduled activities may include a combination of teacher directed learning, client interviewing and advice sessions, supervision and online engagement.

Prior to the commencement of the clinical period students are provided with details of the Orientation and Seminar Programs. For further details regarding the workload requirements please see Handbook entries:

LAW4328 Professional practice

LAW4330 Family law assistance program: Professional practice

LAW5050 Professional practice (JD)

Clinic Self -allocation

Once you have been offered a place in the unit, accepted and been enrolled by Law Student Services, you will be given the opportunity to nominate your preferred Legal Service session times via Moodle in the Clinic Self-allocation activity under unit resources at a specified time Published on the Moodle page. Clinic self-allocation is on a first-come, first serve basis during the clinic self-allocation time period.

In choosing your preferred time, note the work requirements and that it is necessary to be able to spend time at the Legal Service after client interviews have finished, to do the necessary follow-up work and to meet with supervisors.

Legal Services

Springvale Monash Legal Service is one of Australia's largest Community Legal Centres. It is open five days and four evenings per week. Four morning sessions, one afternoon session and one evening session are staffed by students. Volunteers assist the Service on a regular basis.

Monash Law Clinics- Clayton is open five days and some evenings per week to serve the University and the surrounding communities. The full range of University services can be accessed to assist clients. Each Legal Service has its own management and its own responsibility to the community. Students are invited to participate in discussion of policy and administration. The legal work of each Legal Service is under the supervision of qualified lawyers.

It is the philosophy of the Legal Services that legal advice should be accessible to the public and that self-help should be encouraged.

Both Legal Services handle a wide range of matters. These include: family, crime, traffic offences, consumer and debt problems, motor vehicle accidents, tenancy and social security issues. Every person seeking assistance is interviewed, and may receive advice only, or their case may be opened for further work handled by the student under supervision of the lawyer. Alternatively, the client may be referred to a local lawyer, legal aid or otherwise. If the matter goes to court, Counsel may be instructed and the student may be given the opportunity to attend the hearing.

While the nature and extent of student workload varies according to a number of factors and the student experience at each Legal Service may appear to be different, the fundamental learning experience available to every student is the same. Every student is exposed to the operation of the law and the legal process in their social context and learns the essential skills of communication, analysis, judgment and the demands of professional ethics.

Advocacy program

The Professional Practice Advocacy program has been developed to provide students with training and experience in Magistrates' Court, Federal Circuit Court and Family Court appearances and tribunal experiences. All students participate in one Advocacy seminar within the Professional Practice seminar program.

A highlight of the program in all clinical periods is the possibility of appearing on behalf of a Legal Service client before the Magistrates' Court, Federal Circuit Court or Family Court. In some circumstances, Judges and Magistrates may agree to give leave to Professional Practice students to appear (under supervision) on behalf of Legal Service clients. This is an opportunity unique to Professional Practice.

Commitment

As the unit is integrated with public Legal Services which are operated continuously, regular attendance is essential, from the taking-over of clients' files at the beginning of the unit to the hand-over at the end. `Change-over' takes place in the last two weeks of each clinical period and overlaps with the first two weeks of the next clinical period. Attendance at the Legal Services for case work and seminars is compulsory. Reliability and punctuality are essential.

Assessment

Throughout each clinical period, emphasis is placed on the development by each student of:

* understanding of the legal process in its social context;

* analytical and decision-making skills. There is no formal examination in this Unit.

Half way through the clinical period there is an informal ͚mid-clinical period review when the supervisor discusses strengths and weaknesses with each student.

Please see Handbook entries for further information:

LAW4328 Professional practice

LAW5050 Professional practice (JD)

Detailed assessment criteria, rubrics and grade descriptors may be found in the Unit Guide on the Moodle page for these units.

Prescribed Material

Hyams et al, Practical Legal Skills 4th Edition, (Oxford University Press, 2014) A large-format diary (to plan client consultations and follow-up work).

Recommended Reading

The Law Handbook, Fitzroy Legal Service

Lawyers Practice Manual (Vic) published by SMLS and Thomson (can be accessed at the legal services in hard copy or through the law library database)

* The FLAP service has some family law resources and students are expected to use these services during their time at FLAP. As well as this material, students should familiarise themselves with the Family Court and Federal Circuit Court websites. The Family Court website is http://www.familycourt.gov.au/presence/connect/www/home/ The Federal Circuit Court website is http://www.federalcircuitcourt.gov.au

Enquiries

Undergraduate student services Email: ask.monash Phone: 1800 MONASH (1800 666 274)

Jackie Weinberg Director Clinical Units Email: jacqueline.weinberg@monash.edu