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Law students weigh in on defeated university bill

The Australian Law Students’ Association (ALSA) has claimed that the Senate rightly blocked the federal government’s Higher Education and Research Amendment Bill, which could have prevented poorer students from gaining a law degree.

user iconLeanne Mezrani 20 March 2015 SME Law
Defeated university deregulation bill
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The Bill, which was passed in the House of Representatives in February, was voted down in the Senate by 34 votes to 30 on 17 March.

The legislation would have uncapped university fees and allowed institutions to set their own prices for tertiary courses.

ALSA said law students have expressed concerns that the Bill could have resulted in higher university fees, with no guarantee that the extra funds would be used to improve legal education.

The student body also cautioned against measures that could “marginalise or disenfranchise students from a variety of socio-economic backgrounds from accessing legal tertiary education”.

Another legal body has claimed the reform could unfairly disadvantage women in the law.

Victorian Women Lawyers (VWL) convenor Kirsten Adams said the proposed legislation could lead to an increase of $100,000 to $200,000 in the cost of law degrees and see women lawyers carrying HECS debts longer than their male peers.

“University fee regulation could create further barriers for women in the law; women who continue to face pay inequality in the legal sector and often work part-time to balance family responsibilities,” Ms Adams said.

“Some of our members are already facing greater debt when studying law at a postgraduate level, as Australia has had a deregulated fee system operating for some time at that level.”

Statistically, women take longer to pay for those fees under the HECS system due to a number of factors, including career interruption, she added.

While ALSA welcomed the Senate’s rejection of the Bill, it maintained that higher education reform is necessary, including the expansion of the current FEE-HELP cap.

Currently, some Juris Doctor degrees exceed FEE-HELP loan limits, forcing law students to pay thousands upfront in order to complete their final subjects and practical legal training.

The FEE-HELP limit in 2015 is $97,728 for most students, but some Juris Doctor (JD) degrees cost close to, or above, $100,000. A full-time, full fee law student at the University of Sydney, for example, will have to fork out around $108,000 to complete a JD.

Law students are also required to pay for practical legal training on top of the cost of a JD, which tips even more students over the FEE-HELP limit.

Leo Cussen’s onsite practical training course, for example, costs $9,450.

According to ALSA, the high cost of legal education places a significant financial burden on law students and deters many from working in community legal centres or the broader public sector.

The association urged the federal government to consult with educators and industry bodies on the issue of higher education reform so that future bills better represent the interests of tertiary students and the wider community.

Education Minister Christopher Pyne has vowed to reintroduce the Higher Education and Research Amendment Bill.

Comments (18)
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    <p>Do you hear that? It's the sound of smallest violin in the world playing.</p>
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    <p>I could name ten lawyers, easy,who are now Judges,SC's ,barristers or senior solicitors that went to western regions early in their careers. Legal Aid ,Western Aboriginal Legal Service ,DPP or private practice.Came back to Sydney better lawyers &amp; kicked on. If some of the current generation won't go to Gosford who is going to go to Dubbo,Wagga, Armidale etc? The coffee in the bush has got way better over the years,rents are cheap. Do a list day as the duty solicitor in Dubbo,Taree or similar then see if your a better advocate for it &amp; therefore more employable .</p><p></p>
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    <p>No envy, im doing fine, I just think uni places should be based on merit, not parental wealth. I'm lucky I got my degrees before this government came in. After 25 years in the profession as a partner and barrister I am fortunate that I love my job. Interesting jobs should not be the preserve of the wealthy and their offspring. </p>
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    <p>Maybe a significant number of grad lawyers don't want to live up the coast regardless of pay. I work in a small firm in Sydney and my rates are nowhere near what a city firm pays and I would probably get paid more and could live for less if I moved to Gosford. However, you couldn't pay me enough to live up in Gosford. Not because I don't like Gosford, but simply because I love living near the city and the lifestyle that goes with it, which also goes for a lot of younger people. For me Gosford is an occasional weekend getaway, not a place where I would choose to live.</p>
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    <p>There are going to be loads of poorly paid lawyers in the near future whether they grew up in affluent or poor circumstances. I don't think anyone needs to worry about there being any shortage of lawyers with low socio economic backgrounds. There will be plenty. It is a pity that many talented young people are not being told the basic truth of market competition forces. I am sure a lot of young grads would be delighted to work in gosford. Wonderful beaches and a good place for a young grad to learn the profession. Contact the legal practice course and they can help to find candidates. </p>
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    <p>Why should they? Maybe it's your attitude towards Grads that keeps them from staying in your firm or applying in the first place.</p>
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    <p>They can't set up solo practices they need supervision.</p>
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    <p>Carmine so much envy in you I see. However I do agree with you the availability of the JD has increased the oversupply of law grads to ridiculous numbers. From recollection wasn't it the last Labor government that increased the number of JD places? Hmmmm...</p>
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    <p>Under deregulation, QUT has already publically announced that aan LLB would be $56K and a Commerce/Law combined degrees would cost $78.5K. The article states that the Sydney JD is $108 K.I am not sure that the JD (Syd) is worth twice the value of a QUT degree when both degrees admit a holder to practice anywhere (after PLT) and enable further study if desired. Whilst competition and market price settinfg is welcomed,I am not sure that some of these fees are sustainable without significant international student enrolment.An LLB from a regional law schoool will also have the same benefits upon completion ie admission and further study regardless of the quality of the product.<br>Let's pray for the VC's that the Aust dollar remains low.</p>
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    Hillary Morris Greens Clr Monday, 23 March 2015
    <p>Maybe they don't get jobs because they only want to work in the City. As an employer in Gosford, we find it hard to get new recruits because they don't like the salary being offered. Gosford can't compete with the cities as the clients can't pay city professional costs. There is always two sides to the story on employment issues.</p>
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