Student Appearance Program

In certain very limited circumstances, Monash-Oakleigh Legal Service students may represent clients in hearings before the Magistrates' Court or the Family Court. The student appearance program is based on strict guidelines on the basis of which Judges and Magistrates have agreed to permit student appearances in appropriate cases.

The decision of whether a student may represent a client will depend on a number of factors:

• The right client: students may only represent clients who are unable to obtain access to qualified representation (other than duty lawyers) and who consent in writing to being represented by a student who has not been admitted to practice.
• The right case: there is a limited range of types of cases in which students may appear. Some examples are pleas in mitigation of sentence in guilty pleas, adjournment applications, applications to dispense with service, and unopposed applications in divorce matters.
• The right student: Monash-Oakleigh Legal Service supervisors reserve the right to decide whether a student is suitable for a student appearance.

Students who make appearances are supervised by a qualified practitioner (either a member of the legal service staff or a private practitioner) who is present in court throughout the hearing. The supervisor will step in and take over the conduct of the matter if it becomes apparent that the student does not have the capacity to conduct the case competently and the client's interests may be prejudiced.