When I was studying law at the University of Dhaka in the late 1980s, the most common trend among the law students was to go to England for further studies in law. The wind seems to have changed its direction recently. This is evidenced by the growing number of students studying or researching law in Australian universities. Only since 2010, more than 10 Bangladeshi law graduates have completed their PhD from Australian universities.  The presence of Bangladeshi law graduates is becoming more visible among academics in Australian law schools as well. One third of the 36 Australian law schools has or had law academic staff who have their first law degrees from Bangladesh. The number of law graduates from Bangladesh admitted as Solicitors and Barristers in Australia in recent years is also considerable.

In the context of this expanding link of legal education between Bangladesh and Australia, it is time to revisit why Australia is or should be considered as a destination for higher education in law. The first and most rational reason for preferring Australia for higher legal education is the ranking of Australian law schools. Having the world opening its doors wider, these days students want to get an education that excels throughout the world. According to one of the most authentic world university rankings of 2014 (QS World University Ranking), 5 Australian law schools (University of Melbourne, University of Sydney, University of New South Wales, Australian National University and Monash University) have positioned themselves in the top 16 law schools in the world. This number is higher than the British law schools even though the Australian law schools are much younger. Australian law schools have consistently proven their ability to produce world class law graduates.

The Australian law schools offer perhaps the widest options for legal education. The courses meet the varied demands of intending legal professionals. No doubt the most common degree offered by the law schools is the undergraduate Bachelor of Laws (LLB) degree of four academic years of full-time study that meets the academic requirements for admission as a legal practitioner. However, students prefer to do combined or double degrees for example, LLB with Bachelor of ICT, Bachelor of Business and Commerce, Bachelor of Communication etc. A double degree instead requires five years of full-time studies.

The variety of options in postgraduate legal education seem to be unique and attractive. Australian law schools offer Master of Laws (LLM) by coursework with specialisation in over a few dozen of areas. Students aiming for a research career may also undertake LLM by research that involves writing a thesis under the supervision of relevant expert academic staff. The most common duration of an LLM by coursework is one year of full-time study while by research it is two years. However, those who are unable to commit to a year of fulltime study may opt to do a Graduate Diploma focused in a particular area of law which involves 6 months full-time study. Those who complete a Graduate Diploma receive credit for their study if they choose to do a Master in a relevant area of law. The latest addition to the short courses at the postgraduate level is the Graduate Certificate is by the Australian National University to be offered from 2015. It is the fastest course (about 3 months) leading to a stand-alone qualification or paving the entry to Master of Laws.

The law degree that is apparently less known to the lawyers or law students of Bangladesh but perhaps offers the most opportunities appears to be the Juris Doctor (JD) which is now offered by nearly half of the Australian law schools. JD is relatively new in Australian legal education and is modelled on the American legal education system where the first law degree is studied after completion of a degree in any other area. In Australia, the JD stands in a unique position among the law degrees. Like LLB and unlike most LLMs, JD covers the ‘Priestly 11’ or core areas of knowledge required for admission as a legal practitioner in Australia. What makes it unique is that while JD satisfies academic requirements to become a solicitor or barrister in Australia, according to the Australian Qualification Framework (AQF) it is a Master Degree (Extended). For this reason, JD is gaining popularity among international students already having a law degree as this leads to admission to the legal profession and adds a Master Degree in the bucket. JD in Australia requires 3 years of fulltime study and include some scholarly or research content in addition to practical content.

Australia has relatively stringent requirements for admission to the legal profession. In addition to having a ‘qualifying law degree’ which is commonly LLB or JD (except in the state of New South Wales only where a Graduate Diploma in Laws offered by the NSW Legal Practitioner’s Admissions Board in collaboration with the University of Sydney satisfies the academic stage for admission), the intending lawyers have to also complete a Practical Legal Training course. This training course is commonly known as a Graduate Diploma in Legal Practice (GDLP), 6 months full-time graduate course. GDLP, as its name hints, is a professional course which aims to equip students with the knowledge, skills and attributes required of an entry level lawyer. This training course is highly focused to developing professionalism and practical skills ranging from interviewing clients, drafting various legal documents and letters to representing clients before the courts of law.  Even if a GDLP may not be legally required for admission in many overseas jurisdictions, it offers an opportunity to master the practical aspects of lawyering institutionally and formally.

Doctor of Philosophy (PhD) or Doctor of Laws (LLD) are the most commonly offered postgraduate research degrees in Australia and require at least 3 years of full-time research but depending on the research skills and profile, a candidate may be required to do some courses such as research methods or in a relevant discipline area. The Australian doctoral degree involves a Confirmation of Candidature usually after the first year of research and the thesis is assessed by a panel of examiners without any further ‘defence’ at the end as in the UK.  The doctoral degree that is less known but may serve the needs of practising lawyers best is the Doctor of Juridical Sciences (SJD).  SJD is known as a professional doctorate and should be described as a degree that combines scholarly learning and research. The two main ways SJD standout from PhD or LLD is that SJD usually involves completing a few courses and allows the student  to write a thesis shorter in length (about 60000 words) than a PhD or LLD thesis (about 100,000 words). For international students who want to experience both course work and research, SJD is the single degree that would meet the both.

Australian law schools’ reputation and standing in research is also globally recognised. Even though Australian law schools offer research degrees in law, it is undeniable that the law schools belonging to the ‘Group of Eight Australia’, popularly known as Go8 universities, command a higher reputation when it comes to research. These eight research-intensive universities account for more than two thirds of Australian university research, research output and research training and as such are a preferred destination for undertaking legal research.

I recall when I was preparing to cross the seas in the mid-1990s to do my PhD; the only way was to write to the universities requesting their hard copy prospectus and application form. Internet has made life a lot easier now. Further information about opportunities to study law is available on the website of each university. However, the Council of Australian Law Dean’s (CALD) website seems to be a good place to start with, even though it might not have been updated recently. This page not only provides an introduction to legal education and practice in Australia but also links to the website of each of the law schools in Australia and as such may seem to be handy to those considering to study or undertake research in law in Australia.

 

Citations:

Tushar Kanti Das, “Legal Education across the Seas: Destination Australia” (DHLR Blog, 26 November 2014) http://www.dhakalawreview.org/blog/2014/11/legal-education-australia-553 ‎

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Comments to: Legal Education across the Seas: Destination Australia
  • November 26, 2014

    Thank you for the article Sir.It will certainly be very helpful to the law students aspiring to achieve higher education overseas.

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