emerging scholars network colloquium phd confirmation seminar abi arunachalam july 2010

23
Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Post on 19-Dec-2015

221 views

Category:

Documents


2 download

TRANSCRIPT

Page 1: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Emerging Scholars Network Colloquium

PhD Confirmation

Seminar

Abi Arunachalam

July 2010

Page 2: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Research Topic

The Contributions of Paralegals to the Australian Legal System

– Roles, Education and

Regulation

Page 3: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Introduction Significance of research Research Questions Literature Review

Evolution and development of paralegalism in

the USA, UK, Canada and Australia Education of Paralegals Regulation of Paralegals

Methodology

Page 4: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Significance

The role of paralegals in the delivery of legal services

The need to define parameters of paralegal practice in Australia

The emergence and recognition of paralegals in overseas jurisdictions – USA, UK & Canada

Research/literature relating to Australian paralegals

Page 5: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Paralegal Job Advertisements_Australia Source:

SEEK Website

Debt Recovery Paralegal

It is about being in the right place at the right time! This is a great opportunity for someone wanting to develop their career. This national law firm is seeking someone who is interested in getting involved in marketing and client relationship activities to maintain and develop relationships. As Debt Recovery Paralegal, you will manage your own files and duties will include liaising with the client and borrower to find a commercial solution, preparing, initiating and progressing debt and possession proceedings in the Supreme and District Courts, preparing for sale of property as mortgagee exercising power of sale and arranging and attending settlement.

Brisbane 30 June 2010

Page 6: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Paralegal Job Advertisements_Australia Source:

MyCareer Website

Litigation Career Paralegal/Debt Recovery/Insolvency/Mortgage RecoveryHave carriage of your own files Up to $70k pkg Enjoy autonomy Are you a dedicated Extraordinary Paralegal in a pretty ordinary role? Time for a new adventure........

Our client is renowned as one of the best in the business and is currently looking to recruit a Career Paralegal [no law students or graduates need apply] for their Mortgage and Debt Recovery Practice Group. Working to support a two Partners, you will also be working along side two other Paralegals and a Legal Support assistant. You will be essentially autonomous by running your own files, hence the stipulation that you MUST BE 100% PROFICIENT in the preparation of the following legal documentation:

Complaints;

Default Judgment Notices;

Warrants of Seizure & Sale;

Bankruptcy Notices;

Creditor's Petitions;

459E Statutory Demands;

Winding Up Applications;

Court Orders;

Briefs to Counsel; and

Bills of Cost.

Accordingly, you will also be diligent in your knowledge of the time frames and court processes across Magistrates, County, Supreme and Federal Court jurisdictions.  This role will call for you to be engaged in a broad range of duties ensuring the smooth operation of the team.

Page 7: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Paralegal Job Advertisements_Australia Source:

linkmejobs

Our client is a major international law firm with an outstanding reputation in the market. They are seeking an experienced career paralegal to join their busy property team. Working within a collegiate team this role will see you have conduct of your own files and work on a broad range of matters including:

ConveyancingOff the plan developer conveyancing for residential, commercial or industrial development, including following set processes, procedures and creating documents from specific precedents. Large acquisitions and sales, including assisting in the preparation of contracts, negotiations and carriage of the matters from exchange to settlement. A good understanding of the Conveyancing Act and general property law principals.

LeasingExperience in acting for landlord clients, such as REITs, in commercial and industrial leasing and some experience with retail. Telco leasing experience also desirable. Experience in preparing of lease documents (e.g. incentive deeds/fitout agreements/carparking licences and leases) in accordance with heads of agreement. General understanding of processes for leasing and reasonable experience and knowledge in the negotiation of leasing terms.

Development experienceWhile not essential, the ideal candidate will also have experience in the creation of easements, covenants and other property interests, including experience in acting for developers and government utilities.

Page 8: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Paralegal Job Advertisements_Australia Source:

SEEK Website

Paralegals We currently have openings in Residential and Commercial Property and Financial Service Recovery.

 Residential:You will have experience and can run your own files from start to finish, preparing contracts and auction contracts, exchanging contracts, preparing for settlement, including settlement figures.

 Leasing:You will have experience in preparing lease documents involved in Retail, Commercial and Industrial leases. Good understanding of processes for leasing and experience and knowledge in the negotiation of leasing terms.

 Financial Service Recovery:Directly managing property presenters and agents, ordering valuations, appointment of agents, reviewing agents reports and valuations, reviewing quotes, setting reserve and fall back prices, detailed reporting to client and deferring to client for instructions if required.

Page 9: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Paralegal Job Advertisements_Australia Source:

SEEK Website

Paralegal Two - Five years experience required Debt Recovery Salary $55K - $65K (depending on experience)

This National firm is in need of an experienced Paralegal to join this busy and fast growing team in Litigation & Corporate Services.

You will manage your own Debt Recovery files; have basic knowledge of the Consumer Credit Code, Property Law Act, Land Title Act; UCP rules & Conveyancing issues.

Exceptional time management & communication skills, ability to work in a fast-paced environment, ability to manage large workload and be a team player will also play an important part.

You will be dealing with Corporate clients in this role. There are other Paralegals in the group and they are a very social group who just get in and get the job done.21 June 2010

Page 10: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Paralegal Job Advertisements_Australia Source:

SEEK Website

Legal Technology Paralegal Top Tier Firm City Location 6 Month Initial Contract

The legal technology team work with cutting edge technology to provide technical solutions to lawyers within the firm.  This is a great opportunity for an experienced Paralegal or Legal Assistant to get involved in large and complex litigation matters.The position is varied and will suit a candidate who is adaptable and willing to take on a variety of tasks.Your duties will include, but are not limited to:Court Filing and lodgments Land title and ASIC Searches In house stamping Assisting with document and database management for discovery matters Assist with National projects

22 June 2010

Page 11: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Paralegal Job Advertisements_Australia Source:

SEEK Website

Corporate Secretariat Paralegal - Sydney

The Corporate Secretariat team of this international firm seek a Paralegal to help them in this busy division. As a Paralegal you will be responsible for, but not limited to, the following:

* maintaining and updating the corporate registers for a large number of local subsidiary companies and foreign registered companies* ensuring compliance of companies with requirements under the Corporations Act 2001;* drafting documents to effect changes to companies including but not limited to change to directors, issue and transfer of shares, application of class orders 98/98; change of company name and deregistration* drafting AGM and board of director minutes* attending to Annual Company Statements (ACS)* attend to ASIC Lodgements* attend to auditors enquiries* attending to and updating corporate registers * use the BGL/CAS software

Page 12: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Paralegal Job Advertisements_Australia Source:

SEEK Website

Consumer Credit Legal Service WA seeks to employ an Advocate/Paralegal, at 3 days per week (negotiable), to assist our solicitors with community enquiries and advice. CCLSWA is a not-for-profit community legal centre accredited with the Community Legal Centres Association of WA and the National Association of Community Legal Centres. Located in the Perth CBD, CCLSWA is a specialist centre primarily dealing with matters under the National Credit Code, repossessions and other debt related matters. 

The Advocate/Paralegal position is for a six month period. Applicants will be expected to have been previously employed or involved in a legal or community sector environment.

 For an application package and selection criteria please contact 9221 7066 or email [email protected].

All applications for this position should include Cover letter, CV (with at least two referees) and a statement setting out all selection criteria.

Applications should be marked Private and Confidential and sent to CCLSWA, Level 1/ 231 Adelaide Terrace, Perth WA 6000 (or send direct to the above email).

Applications close 5pm Monday 12 July 2010.

18 June 2010

Page 13: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Paralegal Job Advertisements_Australia Source:

SEEK Website

Legal Information and Referral Officer, Women's Legal Services NSW Permanent (full time) position 35 hours per week  Women’s Legal Services (WLS) NSW is a community legal centre for disadvantaged women in NSW. We are looking for a permanent full-time Legal Information and Referral Officer to operate our Women’s Legal Contact Line and manage our referral resources.Selection criteria:1.    Sound knowledge of the legal system and legal and non-legal services relevant to the work of WLS NSW.2.    Understanding of and commitment to social justice issues for women, particularly those experiencing economic and social disadvantage and lack of access to legal services3.    Understanding of cross-cultural issues for women, especially women experiencing domestic violence, sexual assault or family breakdown.4.    Demonstrated excellent oral and written communication skills5.    Computer literacy, including the ability to undertake data entry6.    Ability to organize and prioritise a range of tasks7.    Demonstrated ability to work both independently and co-operatively in a team environment.Being a woman is a Genuine Occupational Qualification for the purposes of WLS service provision (Section 31 Anti-Discrimination Act).

30 June 2010

Page 14: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Paralegal Job Advertisements_Australia

Some of the advertisements perused between 01 June and 30 June 2010 include:

Paralegal, Banking and Finance, Charterhouse Partnership, Sydney Contracts and Property Paralegal, Hays Paralegal, Sydney, NSW Family Law Paralegal, TayLaw Solicitors, Sunshine Coast Senior Property Paralegal, Qld, Legal Eagles Intermediate Defendant Insurance Paralegal, Legal Eagles, Brisbane Paralegal – Franchising, marketing and retail, Hays Recruitment experts in Legal Dispute Resolution Paralegal, Hays, Brisbane Conveyancing Paralegal, Axis HR, Brisbane Trademark Paralegal, Alliance Corporate Services, NSW Intellectual Property Paralegal, Legal Eagles Mortgage Recovery Paralegal, Legal Eagles

Page 15: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Provisional Research Questions

1. How are paralegals to be defined?1.1 Who is a paralegal?1.2 The types of paralegal1.3 The need for a definition on

national level – ‘the creation of a consistent identity and making that identity recognisable to the general public’

Page 16: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Research Questions

2. Will the delivery of legal services be enhanced by recognition of paralegals?2.1 The role of paralegals and scope of their work 2.2 Their current and the potential contributions to the Australian legal system2.3 The degree of recognition and the potential enhancement of delivery of legal services through education and regulation

Page 17: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Research Questions

3. Is paralegalism in Australia a profession?

3.1 The process of professionalisation of

paralegalism3.2 Current position of Australian

paralegals on the professional continumm

Page 18: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Research Question 1 Paralegals

- Who is a paralegal?- Paralegal/Legal Assistant- Legal executives and Licensed Conveyancers- Types of Paralegals

Page 19: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Research Question 2

Nature and scope of paralegal work in Australia

Paralegal Education- paralegal education in USA, UK, Canada & Australia

Paralegal Regulation- types of regulation- regulation of paralegals in USA, UK &

Canada

Page 20: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Research Question 3

Is Paralegalism a Profession? Process of professionalization The role of paralegal

associations/professional organisations

Page 21: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

‘The Professionalization of everyone’_Wilensky_Am J of Sociology 70: September:143

Page 22: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Methodology Literature Review Quantitative and Qualitative empirical

research

- Recruitment Process

- Data Collection and analysis

- Dissemination

Page 23: Emerging Scholars Network Colloquium PhD Confirmation Seminar Abi Arunachalam July 2010

Proposed Structure

Chapter 1 IntroductionChapter 2 The evolution and development of

paralegalism in USA, UK, Canada and Australia

Chapter 3 The current contributions of paralegals to the legal system of Australia

Chapter 4 The education of paralegalsChapter 5 The regulation of paralegals Chapter 6 Analysis and discussionChapter 7 Conclusion