MONASH LAW

Lawyers Practice Manual

(VICTORIA) published jointly by Springvale Monash Legal Service and LBC Information Services Ltd, Sydney

Purpose

The Lawyers' Practice Manual is a loose leaf and online service designed to assist new lawyers and experienced lawyers venturing into or returning to an unfamiliar area of practice. It is a step-by-step procedural guide to a wide range of tasks that lawyers are called on to perform. It includes forms, precedents, useful practical hints, strategies, lists of relevant legislation and references. The book is not intended to explore areas of substantive law except as they are relevant to questions of procedure.
The Manual aims to provide information for lawyers on basic procedural issues, such as: what instructions to take, how to draft documents, where to file them, how to follow up the matter and how to present the case in court.

History

The Lawyers Practice Manual (Victoria) was first published in 1985. The concept of the Lawyers Practice Manual had independent origins in Victoria and New South Wales. At an Australian Legal Workers Group meeting in 1980, concern was expressed that there was an obvious gap in legal literature and training: too much hard practical knowledge inaccessibly stored in the heads of those who have gained it by long experience. The same mistakes were made and the same lessons had to be learned again and again. The idea of the Lawyers Practice Manual became a reality in 1983 when the NSW edition was published jointly by Redfern Legal Centre and Law Book Company.

Clinical legal education

In 1975, Monash University pioneered clinical legal education in Australia. In conjunction with Springvale Monash Legal Service and Monash-Oakleigh Legal Service the professional practice course enables final-year law students under close supervision to learn the operation of the legal system in a practical context. The teachers in the course were the Founding Editors of the Victorian edition of the Lawyers Practice Manual. The Victoria Law Foundation assisted with initial funding, as did the Law Institute of Victoria and Monash University. The Victorian edition was published jointly by Springvale Monash Legal Service and Law Book Company (now called LBC Information Services).

Audience

The audience is generally young practitioners but the book is also intended for all lawyers who are unfamiliar with a particular area of practice.
LBC Information Services Ltd, Sydney Editors

The Manual is edited by a committee consisting of a group of current and past clinical teachers from Monash and la Trobe Law Schools, and two experienced private practitioners. Each editor is responsible for particular chapters and sections.

Copyright

Current developments

A "Current Developments" section at the beginning of the Manual is revised with each release to enable contributors to keep readers informed of new developments which have occurred since production and are not yet incorporated in the text.

LEGAL PRACTICE

Interviewing and letter writing
Practice management
Professional ethics and the duty to communicate
Costs, complaints and discipline

CRIMINAL LAW

The role of a lawyer at a police station
Bail applications
Preparation and conduct of criminal matters in the Magistrates' Court
Appearances at short notice
Social security prosecutions
Driving offences
Acting for the defendant charged with drug offences
Acting for a defendant in committal proceedings
Challenging Magistrates' Court convictions
Applications under the Victims of Crime Assistance Act

FAMILY LAW

Application for divorce
Child support and spouse maintenance applications
Children under the Family Law Act
Property applications under the FLA
Family violence
Alternatives following separation

CIVIL LITIGATION

Acting for a creditor in the Magistrates' Court
Acting for a defendant in debt recovery proceedings in the Magistrates' Court
Motor vehicle property damage claims in the Magistrates' Court
Bankruptcy
Claims under WorkCover
Common law actions for damages for personal injuries
Claims under the Transport Accident Act PROPERTY MATTERS
Residential tenancies and other housing arrangements
Conveyancing
Neighbour disputes

CONSUMER LAW

Consumer strategies
Consumer Credit Disputes

CHILDREN

Criminal prosecutions of children
Protection proceedings in the Children's Court

ADMINISTRATIVE LAW

Applications to the Victorian AAT Civil and Administrative Tribunal
Appeals to the Social Security Appeals Tribunal
Applications to the Administrative Appeals Tribunal for review of social security decisions
Debt recovery by Centrelink and the family Assistance office

DISABILITY LAW

Mental health
Guardianship, administration & substitute accession making

COMMUNITY GROUPS

Incorporation of community groups

LEGAL AID

Legal Aid in Victoria

ACCESS TO GOVERNMENT

Using the Freedom of Information Act (Cth)
Using the Freedom of Information Act (Vic)

PLANNING AND ENVIRONMENT

Planning schemes, permits and objections

WILLS AND ESTATE ADMINISTRATION

Drafting a Will
Applications for grants of probate and letters of administration
Administration of estates
Wills Litigation

IMMIGRATION

Immigration law

ANTI-DISCRIMINATION

Applications for refugee Status

HUMAN RIGHTS

Anti-discrimination
International Human Rights Remedies

COMMONWEALTH COMPENSATION

Commonwealth workers’ compensation
Veterans disability law
The military Compensation and rehabilitation Scheme

Contact information

Orders:
Thomson
PO Box 3502
Rozelle NSW 2039
tel 1300 314 195
fax 1300 304 196

To contact the editors:
Ms Sandy McCullough
15 Lauriston St
Kyneton Vic 3444
tel/fax +61 3 5422 3233
Send email to: smc@netcon.net.au

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