THE MONASH UNIVERSITY AND VICTORIAN BAR PRO BONO PROJECT - PARTICIPANT HANDBOOK
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THE MONASH UNIVERSITY AND VICTORIAN BAR PRO BONO PROJECT PARTICIPANT HANDBOOK
1. What is the Open Justice Project?
1. Open Justice: The Monash University and Victorian Bar Pro Bono Project (the Open
Justice Project) is a collaboration between the Victorian Bar and the Monash
Faculty of Law (the Faculty) that allows later year undergraduate and postgraduate
students at the Faculty to assist barristers at the Victorian Bar in pro bono matters.
2. Under the program, students apply to be on a panel of students to provide barristers
with assistance on matters that are referred to barristers by Justice Connect, by one
of a number of Court pro bono referral partners, or by other direct request for pro
bono assistance.
3. The Open Justice Project is currently running as a pilot program with a limited
number of students. If the pilot is successful, the program will be expanded and
potentially transformed into a for-credit, clinical placement in the LAW4803 Clinical
Placement program.
4. The Open Justice Project pilot will be administered by the Faculty, and the Monash
Convenor (Melissa Fletcher, melissa.fletcher@monash.edu) in conjunction with the
members of the Victorian Bar Pro Bono Committee and Student Engagement
Committee.
2. What are the purposes of the Open Justice Project?
5. The purposes of the Open Justice Project are:
5.1. to enhance access to justice by providing barristers who are working pro bono
with pro bono legal research support and assistance;
5.2. to offer students pedagogical development in their legal studies through
experiential learning;
5.3. to engender students with the values of pro bono and enhance student
awareness of the issues concerning access to justice;
5.4. to deepen connections between students and barristers;
5.5. to provide students with a greater awareness of the work of barristers,
inspiring them to consider joining the Bar; and
5.6. to provide students with practical experience and legal skills in order to
contextualise their legal studies in real world work.
PARTICIPANT HANDBOOK 23. How does the process work?
Step 1 – The request
6. Barristers who have accepted a pro bono brief may request pro bono student
assistance by completing the Request for Assistance Form (Attachment A) and
sending it to law-openjustice@monash.edu
7. The barrister should provide sufficient information in the Request for Assistance Form
to allow an student to be allocated the work.
8. There may be a delay in allocating work if a barrister’s Request for Assistance Form
does not provide sufficient detail.
Step 2 – Student Allocation
9. The Monash Convenor will set up and monitor a dedicated email address
law-openjustice@monash.edu. Only panel students and Faculty staff will have
access to the email. Panel students will have their access removed once they cease
participation in the panel.
PARTICIPANT HANDBOOK 310. When a new request for assistance is received, panel students will receive a direct
group email from the Monash Convenor detailing the opportunity and requesting a
response from students who have capacity to assist.
11. Available students will respond directly to the Monash Convenor with their interest
and availability. The Monash Convenor will consider all responses and allocate the
work to the most appropriately placed student.
Step 3 – Connection and work completion
12. The Monash Convenor will introduce the selected student to the barrister by email.
13. The student will liaise directly with the barrister to obtain instructions on the work to
be performed, including confirmation (in writing where practicable) of the timeframe
by which the work is required.
14. The student will complete the work and provide the work product directly to the
barrister. Depending on the nature and duration of the work, it will often be appropriate
for the student to ‘check in’ with the barrister during the engagement.
15. Each referral is a ‘one-off’ task – no ongoing association with the barrister should be
entered into without first consulting the Monash Convenor.
Step 4 – Feedback
16. Feedback is an important part of the program, for both the student and the barrister.
Forms will be provided to participants to give feedback. These will be returned to the
Faculty, who will then pass them on to the recipient.
17. The feedback form for barristers is a simple document that will not take long to
complete. A copy of the Feedback Form is at Attachment D.
18. Barristers are encouraged to offer more extensive feedback, both formally via the
Faculty, and informally (where appropriate) directly to the student.
19. Barristers do not formally assess the student’s work in any way.
4. What tasks can students perform?
20. Students may assist with two different kinds of work:
20.1. piece-meal and sporadic work required immediately for a specific proceeding
or advice, which requires an immediate (and perhaps intense) short term
commitment; or
20.2. long-term projects where the required commitment is longer, but of a lesser
immediacy and lower intensity. For these projects, a reasonable time
commitment will be agreed in advance between the barrister and the student
(subject to the student’s academic commitments and the 80 hour maximum).
21. On application to the Monash Convenor a barrister may request assistance from
more than one student on a large or ongoing matter.
PARTICIPANT HANDBOOK 422. Specific student duties may include:
22.1. legal research, including preparing case summaries and research
memoranda;
22.2. assisting with simple drafting (eg, advices, submissions, court documents);
22.3. attending court, chambers, client conferences or other locations as required;
22.4. assisting with taking client instructions and preparing evidence;
22.5. preparing chronologies and summaries of evidence; or
22.6. other tasks, such as taking notes in court.
23. Students must be engaged in work of a paralegal or legal nature. Barristers should
not ask students to perform purely administrative tasks. Although legal tasks may
involve an administrative component (such as photocopying or scanning relevant
source material found in legal research), barristers should keep such administrative
requests to a minimum.
5. Student obligations
24. Students will provide pro bono research and other paralegal assistance to barristers
working on pro bono matters, sometimes at short notice. Critically, students’ work
will be used in matters that affect real people’s lives, often with significant
consequences — so students need to commit to completing work to the highest
standard within the required timeframes.
25. Students will be required to commit to be on the panel for a minimum period of six
months. The time commitment for an individual student will not exceed 80 hours per
matter.
26. Note that this is a voluntary scheme. Students receive no academic credit or
financial payment for participating, but will gain the benefit of valuable professional
experience and help enhance access to justice for members of our community.
27. In participating in the Open Justice Project, students are bound by the Monash
University Student Charter -
https://www.monash.edu/students/admin/policies/student-charter
28. Students will be required to complete a Student Privacy and Confidentiality
Undertaking (Attachment B) and the Student Acknowledgement (Attachment C)
before participating in the Open Justice Project.
6. Barrister obligations
29. Assistance through the Open Justice Project is only available for pro bono matters.
A matter is considered to be “pro bono” where the barrister:
29.1. is to receive no professional fees from or on behalf of the client; or
29.2. is to receive professional fees only to the extent that a costs order covering
those fees is made in favour of the client.
30. Work undertaken by students must be limited to the particular pro bono project that
has been the subject of the barrister’s request for assistance (see below). If another
PARTICIPANT HANDBOOK 5project arises (ie, a new matter) after a student has been engaged, the barrister
should make an additional request for assistance to the Monash Convenor.
31. The barrister will retain all professional responsibility for any work done by the
student.
32. Barristers will not be obliged to supervise a student any more than necessary to
allow the student to perform the requested work. If the work is no longer required
(for example, because the matter settles), the barrister is not obliged to find
alternative work for the student to undertake.
33. In participating in the Open Justice Project, barristers remain bound by all relevant
Victorian Bar policies including the Policy Against Bullying, Policy Against
Discrimination and Policy Against Sexual Harassment.
7. Selection criteria for students
34. The selection process is run by the Faculty. In the initial pilot phase, ten students will
be selected to be on the panel. The selection criteria are as follows.
34.1. Prerequisites:
34.1.1. Undergraduate law students can only apply after successfully
completing their core law units.
a. LAW1111 - Foundations of Law
b. LAW1112 - Public Law and Statutory Interpretation
c. LAW1113 - Torts
d. LAW1114 - Criminal Law 1
e. LAW4332 - Criminal Law and Procedure 2
f. LAW2101 - Contract Law A
34.1.2. Post-graduate law students can apply after they have completed the
following units:
a. LAW5000 - Australian legal reasoning and methods
b. LAW5001 - Principles of criminal law and procedure
c. LAW5002 - Principles of contract law A
d. LAW5003 - Principles of torts
e. LAW5004 - Principles of public law and statutory interpretation
Selection criteria:
35. The student’s weighted average (WAM);
36. Other units completed in addition to the core law units required to be on the panel;
37. The matters set out in the expression of interest, including a student’s relevant legal
and other skills demonstrating:
37.1. superior writing, research and communication skills; and
37.2. strong organisational and time-management skills.
PARTICIPANT HANDBOOK 68. Tips for students
38. Make sure you clearly understand what the task requires. Ask questions to clarify
anything you’re not sure about. If you have follow-up questions during the task, be
sure to ask them. It is much better to ask questions than to misunderstand the task
and give the barrister work that is unhelpful.
39. Ask the barrister how your work fits into the case as a whole. This will help you
understand how to make your work product most useful.
40. For research tasks, include a clear and concise summary at the start so the barrister
can quickly understand the key points. Then go on to include the detail.
41. Remember that every barrister, and barrister’s practice, is different. To the extent
possible, factor the barrister’s particular preferences and priorities into completing
and presenting your work.
9. Tips for barristers
42. Remember that students may require more guidance and supervision than qualified
lawyers. Take the time to make sure the student understands the task at the
beginning of the engagement and provide ongoing supervision as they complete it.
A small investment of time in supervision will result in much higher quality of work.
43. Give the student an overview of the matter, and how their work fits in to the broader
picture. Not only will this greatly improve the student’s experience, it will invariably
lead to a better work product.
44. Be clear about what work product will be most useful to you — for example, rather
than asking the student to “look into” a broad topic, you might ask them to produce a
research memo answering specific questions.
45. Students are often doing pro bono work on top of other university and work
obligations. Although they have committed to finishing your task within the agreed
timeframe, there is no guarantee that they will be able to complete any additional
work, or work beyond the agreed time period.
10. Contact points
46. Any queries or concerns (including about a participant’s commitment to the spirit of
the project or inappropriate conduct) should be addressed to:
For students:
• Melissa Fletcher: (03) 9905 1301 / melissa.fletcher@monash.edu
• Ross Hyams (03) 9905 3352 / ross.hyams@monash.edu
For barristers:
• Laura Hilly: (03) 9225 6324 / laura.hilly@vicbar.com.au
• Tim Farhall: (03) 9225 6397 / tim.farhall@vicbar.com.au
PARTICIPANT HANDBOOK 7• Willem Drent: (03) 9225 6458 / willem.drent@vicbar.com.au PARTICIPANT HANDBOOK 8
11. ATTACHMENT A: REQUEST FOR ASSISTANCE FORM
An electronic copy of this form is available here
Date
Barrister details Name:
Phone:
Email:
Client name
Other parties Please include sufficient information to enable a conflict
check to be performed
Brief description of [eg “Application by asylum seeker for judicial review of
matter protection visa refusal”]
Student assistance [eg “Research memorandum regarding non-refoulement
Monash required obligations”
“Compiling chronology of events”
“Taking notes during witness conference and producing first
draft of witness statement”]
Timeframe [eg “Memorandum required by 10 April”]
Estimated time [eg 10 hours]
commitment from
student (up to 80
hours)
Required knowledge [e.g. must have completed Equity and Trusts]
or skillsets
Desirable [e.g. “familiarity with Westlaw International desirable”;
knowledge or
skillsets “competency in researching case law and legislation in the
United Kingdom an asset”;
“interest in human rights and the Charter beneficial”]
Pro bono (Select appropriate option)
confirmation
I will not receive any professional fees from the client in this
matter.
I will receive professional fees only to the extent that a costs
order covering those fees is made in favour of the client.
PARTICIPANT HANDBOOK 912. ATTACHMENT B: STUDENT PRIVACY AND CONFIDENTIALITY AGREEMENT
Open Justice - Monash and Victorian Bar Pro Bono Project – Pilot Program
Student Privacy and Confidentiality Agreement
BACKGROUND
I (full name)_________________________________________recognise that by participating
in the Open Justice Pilot Program I will be working with individual barristers in the provision
of professional legal services.
I understand that I may have access to Confidential Information relating to clients, and that I
owe a duty of confidentiality to those clients.
I understand that this duty of confidentiality means that I am not permitted to discuss any
aspect of the Confidential Information with any other person (other than the barrister I am
working with).
I acknowledge that the duty of confidentiality does not terminate upon the completion of my
work with the individual barrister, or the Open Justice Pilot Program. I undertake to keep
confidential all information relating to the provision of work, and agree to be bound by the
terms of this Undertaking.
I understand that I will be required to undertake work as part of the Pilot Program at a variety
of locations remote from the barrister’s chambers, including at home or in a library (working
remotely). Working remotely means additional measures are required to ensure the privacy
and confidentiality of clients and of Confidential Information.
CONFIDENTIAL INFORMATION
Confidential Information means information connected with my participation in the Open
Justice Pilot Program, in any form, that is, by its nature, confidential, is designated by the
barrister I am working with as confidential, and/or which I know or reasonably ought to know,
is confidential, and includes:
(a) any details relating to clients (this includes details of current and former clients);
(b) privileged information arising out of advice provided to clients;
(c) any information generated in connection with or in any way related to a client’s matter
including but not limited to:
(i) memoranda;
(ii) reports;
(iii) draft documents;
(iv) fact gathering;
(v) review of documents; and
(vi) research
regardless of whether or not any of these items, or information contained within them, exist
in the public domain or are later made public;
(d) opinions that I form about clients and their cases;
(e) any intellectual property of the barrister I am working with;
(f) any and all business, financial, technical, scientific, educational or other commercially
valuable or sensitive information of the barrister I am working with;
(g) all information created, ascertained, discovered or derived directly or indirectly from the
Confidential Information.
PARTICIPANT HANDBOOK 10MAINTAINING CLIENT CONFIDENTIALITY WHILE WORKING REMOTELY I will ensure that all discussions about client Confidential Information will take place in a private setting there they cannot be heard by any third party who is not involved in the matter I am working on. I will ensure that no third party has access to my computer/personal device where Confidential Information is stored. If I leave my computer/personal device, I will password lock it to ensure that any persons other than the barrister I am working with cannot access the Confidential Information. I will protect the physical security of my computer/personal device and not leave it unattended in a public area or on display in an unattended vehicle. I will not publish Confidential Information in any way, including by publishing or posting such information on the internet or social media, including, but not limited to: (i) Twitter; (ii) Facebook (including private Facebook pages)/ Messenger; (iii) Instagram; (iv) Tiktok; (v) Google+; (vi) WordPress/Blogger; (vii) YouTube/Vimeo; (viii) iTunes/Podcasting; and nor will I cause or allow any Confidential Information to be copied, reproduced or recorded in any manner without the prior written consent of the barrister I am working with. CONTACT WITH CLIENTS I will never contact a client without first obtaining the express permission of the barrister with whom I am working. If I receive any email correspondence or other contact from a client or a member of the public seeking advice or help from the barrister I am working with, I will immediately inform the barrister of the contact. I will never provide a client with my student or personal email. If the barrister I am working with provides me with permission to speak on the telephone to a client, I will enable the ‘no caller ID’ setting to ensure that the client does not have my phone number. I must ensure that the call takes place in a confidential setting to ensure that no Confidential Information is overheard or released. STORAGE OF CONFIDENTIAL INFORMATION I will ensure that I save all Confidential Information securely, or in accordance with any instructions from the barrister with whom I am working. I acknowledge that I must delete all Confidential Information stored on my computer/personal device and/or cloud storage when I cease working on each matter or when directed by the barrister with whom I am working. This includes all emails sent and received during the process of working on any matter together with anything that has been stored on my computer/personal device and/or cloud storage. While I am working from home, I will only print documents relating to a client’s matter if absolutely necessary. I will keep any such printed documents in a folder in a safe place and ensure that no third party has access to the documents or the folder(s). I undertake to immediately notify my supervisor of any potential, suspected, or actual unauthorised disclosure or use of any Confidential Information, or any breach of this PARTICIPANT HANDBOOK 11
Undertaking, and must take all steps which the barrister I am working with may reasonably require to protect Confidential Information. MY DEVICE AND PASSWORDS I agree to ensure that my devices are password protected and my password for my devices and my university email account are not known by anyone other than me. I agree to ensure that my computer/personal device and/or cloud storage has up-to-date virus protection software and that my operating system is up-to-date with any and all security patches. I agree to ensure that my computer/personal device will only be used on a secure platform when accessing the internet, and not on public Wi-Fi. Student signature: Student name: Date: PARTICIPANT HANDBOOK 12
13. ATTACHMENT C
STUDENT ACKNOWLEDGMENT
Student name: Project: Open Justice – Monash
Victorian Bar Pro Bono Project
Barrister name: Brief:
Monash Contact:
In this Acknowledgment,
Intellectual Property means all rights resulting from intellectual activity whether capable of
protection by statute, common law or in equity and includes copyright, discoveries, inventions,
patent rights, registered and unregistered trademarks, design rights, eligible interests of a like
nature, together with any and all documentation relating to such rights and interests.
Brief means the work that the Student has agreed to perform, through the Open Justice -
Monash Victorian Bar Pro Bono Project, to assist the Barrister with a pro bono matter.
Brief IP means material and the Intellectual Property in any material created or prepared by
the Student in undertaking the Brief.
As part of my undertaking the Open Justice Pilot Project, I understand and agree to the
following:
1. I will conduct myself in a safe and professional manner at all times during and in the course
of undertaking the Brief and will comply with the lawful and reasonable directions of the
Barrister.
2. If I am (or will become) unable to complete the Brief for any reason, I will notify the Barrister
in advance or as soon as reasonably practicable in the circumstances.
3. I will keep any confidential information of the Barrister, client, Victorian Bar, or Monash
confidential for as long as the information remains confidential.
4. I assign to the Barrister any rights I may have in relation to the Project IP. I understand
that the Brief IP will be owned by the Barrister. I am permitted to use the Brief IP to the
extent required for the completion of my work on the Brief.
5. I will immediately contact the Monash Contact if I have any concerns, issues or queries
regarding the Pilot Project.
6. I acknowledge that I am assisting the Barrister as a volunteer, and that I will receive no
financial payment from the Barrister, the Victorian Bar or Monash for undertaking the Brief.
Student signature: .................................................... Date: .........................................
PARTICIPANT HANDBOOK 1314. ATTACHMENT D: OPEN JUSTICE FEEDBACK FROM This form is an online form available here Open Justice Feedback form (confidential) *Required Email address * Student Name * Barrister name * Date of matter (from: to) * INITIATIVE: How would you rate the student’s ability to demonstrate independence and the development of judgement ? * o Excellent o Very Good o Good o Satisfactory o Unsatisfactory COMMUNICATION AND TEAMWORK: How would you rate the student’s ability to communicate effectively with you when working together * o Excellent o Very Good o Good o Satisfactory o Unsatisfactory LEGAL ANALYSIS AND APPLICATION: How would you rate the student’s ability to analyse legal problems and demonstrate cognitive and technical skills in the selection and application of methods that constitute possible solutions to a designated problem * o Excellent o Very Good o Good o Satisfactory o Unsatisfactory PARTICIPANT HANDBOOK 14
KNOWLEDGE: How would you rate the student’s ability to demonstrate theoretical and procedural knowledge of legal issues, law and relevant knowledge areas pertaining to the placement * o Excellent o Very Good o Good o Satisfactory o Unsatisfactory What were the student's areas of strength whilst completing work for you ? * Your answer: In what areas should the student focus in order to improve their performance? * Your answer: Would you consider participating again in the Open Justice program? * o Yes o No If “No”, why not? Your answer: Overall, how satisfied with the assistance provided by the student on this matter? o Very satisfied o Satisfied o Neither satisfied nor dissatisfied o Dissatisfied o Very dissatisfied Would you like to provide any feedback on your experience with working with us? We are continuously working to improve our program. * Your answer PARTICIPANT HANDBOOK 15
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