Lex ScriptaPublication of the Australian Singapore Law Student Society

September 2014

ForewordThe Editor-in-Chief of the Australian Singapore Law Students Society (“AUSLSS”), Ms Emelia Loh, invited me to write the foreword for this AUSLSS pub-lication. It is indeed an honour to accept the invitation.

I commend your seniors for the establishment of the AUSLSS in 2012. Wherever we are, we should live the Singapore spirit of caring for our fellow Singa-poreans as an inclusive Singapore community. We can help to look after and ensure one another’s well-being through collective effort and mutual support. I am sure you are already doing this. The AUSLSS is an excellent platform by which to rally together all Singaporean students who are studying law in Australia. It also provides greater connectivity for Singaporean students to the legal scene in Singapore.

I have always admired students who take the bold step to leave their comfort zones to pursue their studies overseas. They face many challenges which are rich learning opportunities. They have to adapt to living in foreign lands with new learning, cultural and social environments. In addition to keeping up with the rigour of their academic lives, they also have to adequately take care of the demands of daily independent living, which they might not have other-wise needed to do had they pursued their education in Singapore. Living abroad moulds their character and they return home as independent, streetwise and mature individuals.

In terms of career opportunities in Singapore, these are exciting times for a new entrant into the legal profession. The liberalisation of the legal industry saw an increasing number of offshore law firms setting up local outfits to mark their presence in Singapore. In 2013, four more offshore firms were awarded their Qualifying Foreign Law Practice licences, in addition to the five that were already awarded their licences in 2008 and reapplied for them in 2014. You and the local law graduates will enjoy one of the widest breadths of opportunities than any law graduate has had as you enter the legal profession.

There are also major changes to the legal landscape. Asia is touted as the world’s next economic powerhouse. Indeed, the Financial Times recently reported in April 2014 that China is “poised to pass US as [the] world’s leading economic power this year”. An exponential demand in legal services is therefore expected in this region against the backdrop of such economic growth and development. Singapore intends to ride this tide of opportunity, leverage on this development and position herself as the legal hub of choice in Asia.

With a foreseeable growth in volume and complexity of cross-border disputes in the region, Singapore is enhancing its status as a global commercial dis-pute resolution centre. We are already a leading arbitration hub in Asia. Last year, the Singapore International Arbitration Centre handled more than 250 new cases, up from a mere 64 cases ten years ago. We also aim to provide world class international commercial mediation services, through the establish-ment of the new Singapore International Mediation Centre. Tapping on the quality and reputation of our judiciary that is well regarded both domestically and internationally for its integrity, impartiality, incorruptibility, efficiency and respect for the rule of law, a new Singapore International Commercial Court has also been conceived, which will comprise international jurists and see foreign counsel appearing in certain proceedings. Singapore is therefore, strategically placed to provide a comprehensive suite of dispute resolution services for international commercial conflicts in the region and beyond.

At the domestic level, there are many transformational changes to the family justice system so as to ameliorate the ills of the dysfunctional families. The

emphasis now is to focus on the child’s welfare and interests. Processes have been put in place to blunt the harshness caused by the acrimony and hurt in family disputes. There is a paradigm shift to a less adversarial approach to resolving familial differences amicably with the help of alternative dispute reso-lution processes and mechanisms, such as collaborative family law practice. A third law school has also been set up to train and groom the next generation of lawyers specialising in community law, such as family law and criminal law, which has the greatest impact on the ordinary citizenry of Singapore.

There is a bright future and plentiful opportunities ahead of you but you must not forget the less fortunate in the society. In the course of my work, I have met numerous indigent people who are in need of legal assistance but cannot afford legal representation. Their encounters with the law have been daunting and challenging. They are unable to appreciate and find it difficult to navigate around legal intricacies and niceties. Assisting litigants-in-person in such plights was our strongest motivation behind setting up the Community Justice Centre at the State Courts of Singapore.

For some years now, we have inculcated a sense of pro bono spirit in the students of the two Singapore law schools. This is a very worthy pursuit and we are beginning to reap the seeds that we have sown. I hope the AUSLSS will be proactive in promoting pro bono efforts. When you return home and embark on your career, you should devote time for pro bono work. Those who are actively involved in pro bono work have often shared their emotional satisfaction and fulfilment in helping those in need of legal assistance but can ill-afford it. Altruism in the legal profession is not for the idealist. We can and should take pride in ensuring that pro bono culture becomes an ethos of the legal profession. You can help to drive this pro bono movement.

You will soon become part of a noble profession, which holds its members to the highest standards of integrity, honesty and morality. There are genera-tions of esteemed members before you who have upheld these time-honoured values. You too must step up to the mantle, be steadfast in your devotion to these values. You must resist any temptation that may cause you to compromise these values at all costs. Your conduct, actions and deeds will reflect on the profession as a whole as much as it will reflect on you as a lawyer.

I would strongly encourage all Singaporean students who are studying law in Australia to give their utmost support to the AUSLSS. The continued success of the AUSLSS will depend on you and the future generations of students following in your footsteps. I wish you great success in your future endeavours.

Tan Siong ThyeJudge, Supreme Court

President’s Message

The ultimate achievement in the study of law is to appreciate how the law connects an individual to his living environment, to develop a credible ability to judge and to contribute relevant legal ideas to move and grow the community in harmony. This is an ongoing process that does not stop when we graduate from university.

The name of our publication Lex Scripta, which has the meaning of ‘written law’ or ‘statutory law’ in Latin, serves to remind us that it is important to be informed of good articles from academicians, legal practitioners, legislators or law students. It is my hope that our members can engage in learning even outside school curriculum.

As part of the effort to expand the AUSLSS community, we will be establishing a new charter to connect with graduate law stu-dents who have studied in Australia. This will provide an invaluable opportunity for our undergraduate members to benefit from the experiences of our seniors. We hope to encourage more like-minded students to join and volunteer in the various capacities of the society.

On 8th February 2014, ContactSG and the AUSLSS organised a pre-departure briefing to engage with some Singaporeans who were heading to Australia to study law. This event was attended by incoming students and their parents. It was indeed heart-warm-ing to assist our fellow Singaporeans begin the next chapter of their lives.

As the President of the society, I was privileged and honoured to address these new students and welcome them to the law schools in Australia. I feel proud to be a Singaporean and to be in a position to provide support and help to allay the uncertainties of students embarking on an overseas education. We are thankful to ContactSG for supporting our society and the Singaporeans studying law in Australia.

For this issue of our publication, I would like to thank Justice Tan Siong Thye for highlighting that the pro bono service should become an ethos of the legal profession. It is indeed an area where we can assist the less privileged individuals in our community. On behalf of the society, I would like to congratulate him for his recent appointment to the Supreme Court as an appeal judge. I would also like to congratulate Attorney-General V K Rajah on his recent appointment to the Attorney General’s Chambers, and we sincerely look forward to learning more from them and many other distinguished legal professionals in the judiciary system.

Jeremy Sim President

Editor’s Note

As the newly appointed Editor-in-Chief, I am proud to present to you our inaugural edition of Lex Scripta. In this edition, we have the honour of inviting recently appointed Supreme Court Judge Tan Siong Thye to write the foreword for our first issue. The AUSLSS Editorial Team cannot be more excited to share this new publication series with you.

Lex Scripta is an AUSLSS publication that comprises of feature articles on relevant legal issues written by our student members and alumni body. Through the publication series, the Editorial Team aims to provide our members with a platform to share their views on the current legal landscape in Singapore, while advocating critical thinking. At the same time, we believe that Lex Scripta will encourage members to stay up-to-date with the legal scene in Singapore in spite of being away from home. In this edition, our contributors focused on the law of international arbitration and explored the legal issues associated with the medical industry.

Apart from academic writing, we also seek to provide information on important industry updates and useful tips for students. Members can be kept abreast of the society’s happenings with each issue and peruse the exclusive interviews conducted with legal professionals in Singapore. In this opening issue, we interviewed Mr Andrew Tan, an AUSLSS alumni currently working at the Ministry of Home Affairs. Mr Tan provided his views on the legal profession, particularly in the public sector, and also shared his university and work experiences. We hope that this interview gives you beneficial insights into the legal profession in Singapore.

In addition, we firmly believe in spurring on our members to take part in pro bono activities whenever possible. Pro Bono work expounds on the spirit of “access to justice”, benefiting our society’s socially disadvantaged, while reminding ourselves of how we, as future lawyers, can give back to the community. In this issue, learn about a student’s internship experience at Singapore Law Society’s Pro Bono Services Office, and we hope that you will be inspired to apply for such opportunities as well.

Finally, I would like to extend my utmost appreciation to my sub-editors Derek, Kyna, Lydia and Terrance for their unfailing support and commitment. This journey has been a remarkable and fruitful one thus far, and I hope you will enjoy reading our publication as much as we did producing it. It is the Editorial team’s wish that more of our peers would be encouraged to join us in our journey.

Emelia Loh Editor-in-Chief

ContentsFeatures

International Arbitration in Thailand;Legal Frameworks & Recent DevelopmentsSamuel Seow, Nicholas Lim & Carolyn Tran

Guerrilla Tactics in International ArbitrationAlex Liam

Compulsory vaccination: Another ploy by the law to bring power to itself?Nytiaini Rajanhindren

Pro Bono

Information on the Pro Bono Services OfficeLaw Society of Singapore

The Law Society of Singapore - Pro Bono Services Office (PBSO) Internship Meryl Zhan Yee-Liew

Interviews

Interview with Andrew TanEmelia Loh

Recent Legal News

Recent Legal NewsEmelia Loh & Terrance Tong

Careers

Tips for writing a good Resumé

Sharifah Al-Edrus

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Events

Oon & Bazul Firm VisitKyna Jessica Foo

Pre-departure Orientation 2014Derek Chia

Rajah & Tann Firm Presentation and Networking EveningLydia Chia

Exco MeetingsEmelia Loh

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INTRODUCTION

Emerging from a protracted period of political turmoil, cautious optimism has now returned to the Land of Smiles. While Thailand’s flirtation with recession may not be entirely over, experts indicate a gradual reversal in fortunes.1 Buoyed by increasing consumer con-fidence alongside the administration’s ambitious USD 75 billion “master infrastructure plan”,2 Thailand remains of significant inter-est to multinational companies and investors. Thailand’s attractive-ness as an investment destination has been further bolstered by the Association of South-East Asian Nations Economic Community 2015 (‘AEC 2015’).3 With the upcoming regional economic inte-gration, Thailand is set to become not only a good place for doing business, but a gateway to the vibrant South-East Asian markets.

1 World Bank, ‘Global Economic Prospects – East Asia and the Pacific’, June 2014 <http://www.worldbank.org/en/publication/global-economic-prospects/regional-outlooks/eap#2>; Nopparat Chaichalearmmongkol, ‘Thailand’s Economy Struggling to Recover From Political Turmoil’, Wall Street Journal (online), 30 June 2014 <http://online.wsj.com/articles/thailands-economy-struggling-to-recov-er-from-political-turmoil-1404142955>.2 Nopparat Chaichalearmmongkol, ‘Toyota Sees Thailand Coup as Turning Point in Halt-ing Sales Plunge’, Wall Street Journal (online), 29 July 2014 <http://online.wsj.com/articles/toyota-sees-thailand-coup-as-turning-point-in-halting-sales-plunge-1406636889>; Warangkana Chomchuen and Wilawan Watcharasakwet, Thai Military Approves $75 Billion Transport Plan’, Wall Street Journal (on-line), 29 July 2014 <http://online.wsj.com/articles/thai-military-approves-75-billion-transport-plan-1406636237?mod=fox_australian#livefyre-comment>.3 See Kavi Chongkittavorn, ‘Why Thailand is crazy over AEC’, The Nation (online), 19 No-vember 2012 <http://www.nationmultimedia.com/opinion/Why-Thailand-is-crazy-over-AEC-30194564.html>.

The heightened interaction between Thai industries and multina-tional companies increases the potential for cross-border disputes. Companies are typically keen to avoid the vagaries of an unfamil-iar judicial system, citing concerns of favouritism and corruption. Even where favourable court judgments are attained, there is often difficulty in executing cross-border enforcement. International ar-bitration is now perceived as a credible, and often the preferred, fo-rum for multinational companies to assert their commercial rights in foreign lands. This short article aims to provide an overview of the arbitration landscape of Thailand, while briefly outlining cur-rent controversies in investor-state arbitration.

OVERVIEW OF LEGAL FRAMEWORK

Thailand is no stranger to arbitration. Community elders have pro-vided mediation-arbitration services for centuries, or at least “since Thai history was first recorded in writing”.4 The 1930s saw a major legal reformation in Thailand with, inter alia, the enactment of the Civil Procedure Code B.E. 2477 (1934). However, while distinguish-ing between court-annexed and private arbitration, the Code did little further to regulate arbitral procedure and award enforcement, providing scant details on the matter. In the absence of any detailed legislative guidance to the arbitral process, it is said that no “reliable 4 Sorawit Limpagrangsri and Prachya Yuprasert, ‘Arbitration and Mediation in ASEAN: Laws and Practice from a Thai Perspective’ (2010) 5 Thai Arbitration Institute Journal of Arbitration 188, 188.

International Arbitration in Thailand;Legal Frameworks & Recent Developments

by Samuel Seow, Nicholas Lim & Carolyn Tran

Emerging from a protracted period of political turmoil, cautious optimism has now returned to the Land of Smiles. While Thailand’s flirtation with recession may not be entirely over, experts indicate a gradual reversal in fortunes. Buoyed by increasing consumer confidence alongside the administration’s ambitious USD 75 billion “master infrastruc-ture plan”, Thailand remains of significant interest to multinational companies and investors. Thailand’s attractiveness as an investment destination has been further bolstered by the Association of South-East Asian Nations Economic Community 2015 (‘AEC 2015’). With the upcoming regional economic integration, Thailand is set to become not only

a good place for doing business, but a gateway to the vibrant South-East Asian markets.

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records” exist which evince any practice of arbitration pursuant to the provisions of the Civil Procedure Code.5

In 1959, Thailand became a signatory to the New York Conven-tion, one of the first Asian states to do so. However, the legislative groundwork for modern commercial arbitration in Thailand was set some 28 years later with the enactment of the Arbitration Act B.E. 2530 (1987), which was later superseded by the Arbitration Act B.E 2545 (‘Arbitration Act’) (2002). The Arbitration Act adopted key provisions of the UNCITRAL Model Law, although it should be noted that at the time of writing, the 2006 Model Law revisions have yet to be incorporated.

THE THAI ARBITRATION INSTITUTE

While ad hoc arbitrations are occasionally observed, arbitration proceedings in Thailand are mostly institutional in nature.6 A sig-nificant proportion of international arbitration proceedings are said to be conducted under the auspices of the Thai Arbitration Institute (‘TAI’).7 TAI was established in 1990 by the Office of Ju-diciary, and has arguably played a role in all major arbitrations in Thailand, including large arbitrations claims against the Thai gov-ernment.8 TAI provides its services free of charge, with parties only having to pay for expenses incurred, including arbitrator costs.

The prominence of TAI ensures that its arbitral rules and ethical codes reinforce domestic legislation in shaping the regulatory en-vironment in Thai arbitration. Since its inception in 1990, TAI’s caseload has been steadily increasing, with a total of 1,737 cases under its belt as of 2013 with 154 new cases in 2012 alone. It has been commented that the mainstream use of TAI coincides with the 1997 Asian Financial Crisis. The climate of business uncertainty over the period of the Asian Financial Crisis led to a proliferation of breached commercial obligations which, in turn, resulted in a sharp increase in parties turning to the courts for adjudication.9 The unprecedented rate of litigation that ensued is said to have al-most ‘destroyed the floodgate [of litigation]’,10 leading to near-par-alysed court systems.

This predicament resulted in the then government’s increased rec-ognition of the value of Alternate Dispute Resolution (‘ADR’).11 ADR awareness programs were funded by the Office of Judiciary and conducted around the country by the Alternative Dispute Resolution Office.12 This has led to an increased domestic appreci-ation and usage of ADR, boosting the popularity of TAI arbitration in domestic commercial dealings.13 Similar campaigns were held, primarily through foreign chambers of commerce, to encourage international business communities in Thailand to partake of the benefits of local ADR platforms and facilities, such as that of the TAI.14

INVESTOR-STATE ARBITRATION

Public attention on arbitration and, more specifically, on inves-tor-state arbitration has grown in the wake of the dramatic seizure of the Crown Prince’s Boeing 737 in Munich on 12 July 2011. This

5 Ibid 189. 6 Ibid 199.7 Pursuant to the Judicial Administration of the Courts of Justice Act B.E. 2543, the Office of the Judiciary is empowered to facilitate the duties of the Courts of Justice. It is designated as an ‘official organisation’ independent from the Executive. 8 Including the Walter Bau and the ITF matter, cases where large awards were issued against the Thai government. See further, Vanina Sucharitkil and Gregory Travaini, ‘The Impounded Boeing 737’ (2013) 8 Young Arbitration Review 7.9 Anan Chantara-opakorn, ‘Investment Arbitration: Remarks for Thailand’ (2010) 5 Thai Ar-bitration Institute Journal of Arbitration 1.10 Ibid.11 Ibid.12 Above n 4, 188.13 Ibid.14 Ibid.

controversial impounding was initiated by the administrators of now-insolvent German firm, Walter Bau, in enforcing an arbitral award made against the Thai government. Notably, the AEC, along with multiple investment treaties to which Thailand is party, offers investors the option of commencing arbitration against the Thai government, by submitting a claim to the Investment Centre for Settlement of Investment Disputes (‘ICSID’).

The seizure of the Boeing 737 in Munich is a manifestation of the tremendous potential of investor-state arbitration to limit the fi-nancial and investment mobility of the Thai government. Adverse arbitral awards against the Thai government can lead to enforce-ment action on its assets in jurisdictions across the world, severely limiting the commercial space within which government-related entities may operate. In the political brinksmanship that ensued af-ter the controversial airplane confiscation, various Thai politicians called for an immediate re-examination of Thailand’s commitment to investor-state arbitration.15 Further, the previous government sought to pass resolutions to restrict the scope of investor-state ar-bitration, although these were eventually unsuccessful. It is uncer-tain what position the current Thai administration adopts with re-gard to its existing investor-state arbitration obligations, including that under the AEC.

CONCLUSION

An informed understanding of Thailand’s dispute resolution cul-ture and practice would assist companies in navigating the Thai investment landscape. While uncertainty clouds the operation of investor-state arbitration vis-à-vis Thailand, it is evident that com-mercial arbitration, supported by an independent and increasingly arbitration savvy judiciary and an able national arbitral institu-tion,16 is set to grow from strength to strength. With the continued modernisation and development of court processes and legal in-frastructure,17 it is likely that arbitration will evolve into not just an alternate means of commercial dispute resolution in Thailand, but the practical forum of resolving commercial disputes both in the country and in the wider region.

The authors are thankful for the guidance of Mr Paul Tan, interna-tional disputes expert and partner in the International Arbitration practice of Rajah & Tann LLP and the research assistance of Mr Nitipong Boonyaleepun, undergraduate law and commerce student at the ANU.

15 Vanina Sucharitkul and Gregory Travaini, ‘The Impounded Boeing 737 – The Saga Contin-ues’ (2011) 14 Young Arbitration Review 5.16 Alastair Henderson, Surapol Srangsomwong and Vanina Sucharitkul, ‘Thailand, Towards an Arbitration-Friendlier Jurisdiction?’, Herbert Smith Freehills (8 January 2014) <http://hsfnotes.com/arbitration/2014/01/08/thailand-towards-an-arbitration-friendlier-jurisdiction/>. 17 Which tend to facilitate, rather than compete with arbitration, see Simon Greenberg, Chris-topher Kee and J Romesh Weeremantry, International Commercial Arbitration (Cambridge University, 2011) 16.

Guerrilla Tactics in International Arbitration

by Alex Liam

INTRODUCTION

Arbitration is a form of alternative dispute resolution where parties agree to refer their disputes to an impartial tribunal consisting of one or more arbitrators. The arbitrators are appointed by the con-sent of both parties. It has become increasingly popular as it offers disputing parties privacy and significant flexibility to choose or modify the procedural rules by which the dispute is to be resolved.

There are several forms of legislation and quasi-legislation which apply to an arbitration that takes place in Singapore. The primary laws can be found in two overarching statutes, namely the Arbitra-tion Act, for domestic arbitrations, and the International Arbitra-tion Act (“IAA”). for international arbitrations.1 The IAA is largely based on the UNCITRAL Model Law on International Commer-cial Arbitration 1985,2 with significant revisions made in 2001 to cater for the local context. The institutional rules of the arbitration centre chosen will also apply, such as those of the Singapore Inter-national Arbitration Centre.

“ARBITRATION GUERRILLAS” AND THEIR TACTICS

In order to achieve a cost-efficient and expeditious solution to the dispute at hand, both parties must cooperate by adhering to the procedural rules and fulfilling the tasks required of them. How-ever, there have been many instances, where for various reasons, parties were unwilling to cooperate, and attempted to sabotage the arbitration process. Such parties are otherwise known as “arbitra-tion guerrillas”.3 Though there is no formal definition for the tactics adopted by such parties, they often amount to legal or ethical viola-tions, or are ethically ambiguous practices.4

1 Note that there is a third statute (the “Arbitration (International Investment Disputes) Act”) that applies for a small proportion of arbitrations carried out under the Convention on the Settle-ment of Investment Disputes between States and Nationals of other States (the “ICSID Convention”).2 Note that UNCITRAL stands for United Nations Commission on International Trade Law.3 Michael Hwang SC, Selected Essays on International Arbitration, 21.4 See also Freshfields Bruckhaus Deringer LLP, Subtle Ways to Address Guerrilla Tactics, 1.

Although the scope of actions that would fall under “guerrilla tac-tics” is rather large, these “tactics” can be informally categorised along a spectrum, ranging from borderline unethical conduct to criminal activity. The most extreme guerrilla tactics would include the intimidation of arbitrators or witnesses through criminal meth-ods.5 Such methods may include the threat of violence, or the hack-ing of computers or electronic accounts belonging to the arbitra-tors.6

There are also more subtle guerrilla tactics in the form of social and political pressure. Pressure may either be exerted on employ-ees to not testify in an arbitration as witnesses if their employer is involved, or on the citizens of a particular country not to testify against politicians or officials from their country.7 The use of these tactics is generally deemed unethical but identifying such instances still poses a challenge for arbitrators.

Less severe tactics may include the challenging of arbitration pro-ceedings and the ‘swamping’ of documents.8 Many experienced ar-bitrators are of the view that these ethically ambiguous tactics are the most commonly used amongst ‘arbitration guerrillas’.9

Senior Counsel Michael Hwang, a renowned local arbitrator, pro-vided a few anecdotes that shed some light on the nature of these tactics. His first encounter of such a tactic was his discharge as le-gal representation a month before the arbitration hearing due to the fact that the client wished to use the need for subsequent re-cruitment of new counsel as a basis for adjournment.10 In another example, a party to arbitration proceedings accused the tribunal of alleged bias and proceeded to abandon the arbitration.11 That allegation was subsequently found by the International Chamber of Commerce to be without basis, but that party nevertheless achieved 5 Ibid 2.6 Ibid 3.7 Ibid.8 Michael Hwang SC, above n 3, 21; Freshfields Bruckhaus Deringer LLP, above n 4, 3.9 Freshfields Bruckhaus Deringer LLP, above n 4, 3.10 Michael Hwang SC, above n 3, 23.11 Ibid.

Arbitration is a form of alternative dispute resolution where parties agree to refer their disputes to an impartial tribunal consisting of one or more arbitrators. The arbitrators are appointed by the consent of both parties. It has become increasingly popular as it offers disputing parties privacy and significant flexibility to choose or modify the

procedural rules by which the dispute is to be resolved.

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its objective of impeding arbitration proceedings by leaving.12

WHY THE PROBLEM EXISTS AND POSSIBLE COUNTERMEASURES

Singapore’s Chief Justice Sundaresh Menon made reference to the varied backgrounds of arbitrators in an address last year and stated that the “absence of common or defined ethical standards” to guide these arbitrators makes it difficult to judge what amounts to uneth-ical or ethically ambiguous conduct in an arbitration setting.13 It is this ambiguity that allows “arbitration guerrillas” to deploy their tactics.14 Mr Hwang SC also reasoned that it was the fact that some respondents in arbitrations did not have strong cases to begin with that drew them to adopt “guerrilla tactics”.15 It is the opinion of this writer that both explanations are complementary.

The problem is a growing one. Menon CJ highlighted one partic-ular statistic from a recent survey that showed the extent of the problem.16 The survey found that 68% of respondents polled had (at least on one occasion) “experienced ethical misconduct, and even the deployment of guerrilla tactics in international arbitration, such as the strategic change of counsel to create a conflict with an arbitrator, and the deliberate issuance of abusive correspondence to the arbitrator so as to create a situation from which to launch a challenge founded on alleged bias“.17 Further, Mr Hwang SC noted that with the growing number of international arbitrations, parties from other countries increasingly attempt to take advantage of a tribunal’s desire to respect cultural differences to delay proceedings for as long as possible,.18

Many have provided suggestions on how to respond to, or reduce the occurrence of guerrilla tactics being adopted. Relying on an experienced tribunal is generally acknowledged as an effective measure, as the appointed arbitrators would be better equipped to respond to guerrilla tactics and any potential disruption that flows from such tactics.19

Another idea that has gained some traction is the creation of a code of ethical conduct for arbitration proceedings.20 Such a code would define and clarify what amounts to ethical misconduct, which would serve to discourage “arbitration guerrillas” who seek to delay or hinder proceedings. This code should also impose consequenc-es for any breach of the relevant rules. The differing opinions on the potential content of this code of conduct range from that of a general guideline which sets out a simple set of principles for all arbitrations to abide by,21 to one that is more specific, where rules are tailored to the dispute at hand and agreed upon by both parties in a preliminary conference.22

The current regime of sanctions available to arbitrators can also be utilised to greater effect by the relevant tribunals to assist in their enforcement of the aforementioned code of conduct. These op-tions include the discretion to issue cost orders against a party in

12 Ibid.13 Honourable the Chief Justice Sundaresh Menon, ‘Some Cautionary Notes for An Age of Opportunity’ (Speech delivered at the Chartered Institute of Arbitrators International Arbitration Centre, Penang, 22 August 2013).14 Sundaresh Menon CJ, ‘Some cautionary notes for an age of opportunity’ (2013) 79(4) Arbitration 393, 394.15 Michael Hwang SC, above n 3, 21.16 Above n 13.17 Sundaresh Menon CJ, above n 12, 394.18 Michael Hwang SC, above n 3, 24-25.19 Freshfields Bruckhaus Deringer LLP, above n 4, 4. See also Michael Hwang SC, above n 3, 26-27.20 Above n 4. 21 Sundaresh Menon CJ, above n 12, 398.22 Freshfields Bruckhaus Deringer LLP, above n 4, 5.

breach,23 the power to proceed with the arbitration on an ex parte basis if one party refuses to present its case or submit a Statement of Defence24, the power to disallow amendments without sufficient merit25, and the power to draw adverse inferences if production of evidence was ordered by the tribunal but not complied with by any party without satisfactory reason.26

It would be appropriate to add a caveat at this point that the above measures are limited in the sense that they would only address the issues posed by the latter two categories of “guerrilla tactics”. The more extreme “guerrilla tactics” would naturally have to be report-ed to law enforcement and regulatory authorities. Moreover, the adoption of a general code of conduct could conversely be inter-preted as excessive interference with the flexibility of parties to choose their own procedural rules.27

Nonetheless, the potential impact of deterring “arbitration guer-rillas” may make these measures worthwhile. Though challenges related to the adoption of the aforementioned measures exist, they can be examined and addressed in due course. In promoting the resolution of disputes in an expeditious and less costly way, these measures will help ensure arbitration remains a viable alternative to litigation.

23 Note also that by way of reference, the default position in Hong Kong courts is that indem-nity costs will be awarded for an unsuccessful challenge to an arbitration award, save only in exceptional circumstances. <http://www.lawgazette.com.sg/2014-01/937.html>. Singapore courts have not however ruled definitively on this topic thus far.24 SIAC Rules 2013, r 17.925 SIAC Rules 2013, r 17.526 International Bar Association Rules on the Taking of Evidence in International Arbitration (29 May 2010), Articles 9(5), 9(6).27 Dr Martin Rauber, ‘The impact of ethical rules for counsel in international commercial arbitration - is there a need for developing international ethical rules?’ (2014) 17(1) International Arbi-tration Law Review 17, 25.

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COMPULSORY VACCINATION: ANOTHER PLOY BY THE LAW TO

BRING POWER TO ITSELF?

by Nytiaini Rajanhindren Flinders University

Public health has always been a concern, especially since epidemics such as smallpox have wiped out pop-ulations and have caused turmoil in the social stability of countries before the nineteenth century. Since a vaccine has been found against smallpox, people have subscribed to the belief that prevention is better than cure and countries have taken steps to stop the outbreak by requiring mandatory childhood vaccines. There are countries that allow its people to exercise that right to decide for their children on vaccination. The recent legislation reform in New South Wales, Australia, that requires compulsory vaccination, makes one reflect if

the government is taking away the parents’ power to make decisions.

requires compulsory vaccination, makes one reflect if the govern-ment is taking away the parents’ power to make decisions.

Due to developments in this area of research, there is an increas-ingly popular perception that there is a correlation between vac-cinations and developmental side effects in children such as Au-tism.3 Times have also changed and parents in countries such as Singapore and Australia have an increased awareness, access to healthcare facilities and education. Should it, then, still be the gov-ernment’s prerogative in making decisions for parents on whether their child should be immunized? By doing a comparative study between Australia and Singapore, we can understand how a good

3 James A Kaye, ‘Mumps, Measles, and Rubella Vaccine and the Incidence of Autism Re-corded by General Practitioners’ (2001) 174(6) Western Journal of Medicine 387, 389.

INTRODUCTION

Public health has always been a concern, especially since epidem-ics such as smallpox have wiped out populations and have caused turmoil in the social stability of countries before the nineteenth century.1 Since a vaccine has been found against smallpox, people have subscribed to the belief that prevention is better than cure and countries have taken steps to stop the outbreak by requiring man-datory childhood vaccines.2 There are countries that allow its peo-ple to exercise that right to decide for their children on vaccination. The recent legislation reform in New South Wales, Australia, that 1 Donald R Hopkins, The Greatest Killer: Smallpox in History (University of Chicago Press, 2002) 6. 2 Lee ML Jean-Jasmin, ‘Economic Burden of Varicella in Singapore- A Cost Benefit Estimate of Implementation of a Routine Varicella Vaccination’ (2004) 35(3) Southeast Asian Journal of Tropical Medicine and Public Health 693, 696.

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protect all members of the community even if there are members in the community who could not take a vaccine because they are medically predisposed to have an adverse reaction to the vaccine.11 In order to reach such high levels, it would be justified to have man-datory vaccination in a community.12

Reasons for refusal

Even though the benefits of vaccination will help communities get rid of such diseases, many parents still have some misgivings that erode their confidence in vaccines.13 Some believe in natural im-munity where human intervention is not a requirement for their child to be immunized against a certain pathogen and for the larger part of the debate, to be healthy. With an increase in the access to healthcare and hygiene practices, many still think that it is not necessary for their child to be placed into such vaccination pro-grammes to confer a benefit to their child’s overall well-being. These beliefs in natural immunity and to a smaller degree concerns about the safety of vaccines contribute unfavourable attitudes to-ward immunization and has contributed to lower immunization rates in Australia.14

Toxic Effects

Perceived risk of toxic effects from vaccination also contributes to public perception. There has some been some scientific evidence that has stated that there might be a correlation between develop-mental problems in children and the administration of vaccines.15

In Kinross v South Australian Health Commission, the plaintiff who is seventeen years of age was born eight weeks premature.16 At a physiological age of seven weeks, she was given an oral vaccine for poliomyelitis. Consequently, she developed a poliomyelitis like disease that had left her disabled. Although it was a case on practice and procedure, it shows that the public perception of developmen-tal conditions being linked to compulsory vaccination exists.

However, there are several researches that show that these are mere speculations and may not have not been proven. Certain govern-ments, like in Singapore, have also averted this perception by plac-ing legislation that acts as a check to ensure safely administered vaccines.17

LEGAL IMPLICATIONS OF NON-COMPULSORY VACCINATION

The presence of two schools of thought has led to countries having had non-compulsory vaccination policies. This posed legal impli-cations, let alone medical implications. It is easier for the law to intervene when there is a risk to a child’s life than when it is not the case. It appears to be the case that the law can only decide what is best for the child when it comes down to two parents fighting over a child’s vaccine status. Furthermore, Courts are less likely to inter-vene when a treatment poses serious risks.18 In the case of Kingsford v Kingsford, separated parents were fight-11 Colgrove, above n 9, 2390.12 Radmila Prislin, ‘Immunization Status and Sociodemographic Characteristics: The Mediat-ing Role of Beliefs, Attitudes and Perceived Control’ (1998) 88(12) American Journal of Public Health 1821, 1825.13 Bruce G Gellin, ‘Do Parents Understand immunizations? A National Telephone Survey’ (2000) 106(5) Journal of the American Academy of Pediatrics 1097, 1098.14 Prislin, above n 12 1821, 1823.15 Kaye, above n 3 387, 389.16 Kinross v South Australian Health Commission (1995) 182 LSJS 167, 167.17 Medicines Act 1977 (Singapore) s 12.18 Christina Vara, ‘Rights of the Unvaccinated child: Vaccinating Over the Parents’ Will’ on Christina Vara, Shot of Prevention (11 February 2014) < http://shotofprevention.com/2014/02/11/the-rights-of-the-unvaccinated-child-the-legal-framework/>.

legal model of mandatory childhood vaccinations can act in the best interests of the child and the community. Thus reinforcing the responsibilities a parent should have.

BACKGROUND ON VACCINATION

Introduction of vaccination to the world by policy

Infectious diseases used to be the major cause of mortality in countries and vaccination programmes were designed to protect both individuals and communities from these diseases. These pro-grammes have lessened the burden of mortality and morbidity due to infectious diseases. However, many will argue that these results are not solely attributable to a vaccination; a correlation will not necessarily result in causation.

Over the years, while vaccination programmes might have been a factor in lowering the occurrence of infectious diseases, other fac-tors such as improved sanitation and greater awareness on hygiene cannot be overlooked. There is, however, evidence on the success of immunization programmes, where such programmes have elim-inated diseases such as smallpox.4 A case study shows that the dis-ruption of an immunization programme could lead to the increase in the rate of an infectious disease.5

How might parental rights be defined?

It can be argued that parents automatically have a right to raise their children because they are genetically related to them and that can mean that parents are best suited to bond with their child.6 Paren-tal rights should include rights to raise their children to a socially acceptable level.7 Since parents are the child’s primary caretaker in most circumstances and will usually act in the child’s best interests and generally make good choices for their children. However, when the law steps in to make decisions that concern their children, the parents will have to bear any negative consequences that arise, not the government or the Court. Nonetheless, it is not prudent to auto-matically entitle a parent that raises his or her child to make all the decisions because the child belongs to a larger group called a com-munity whom the child bears responsibilities to.8 Non-immunised children pose a greater risk of infection in the community than im-munized children. By making it compulsory, is the law usurping the right of parents exercising authority over their own child or should the rights of a community supersede parental rights?

Advantages

Understanding the public’s perception on having their child vaccinated is more important than the actual scientific ad-vantage of childhood vaccination. This will allow us to gain insights into whether a mandatory requirement would actually take away parents’ decision-making powers, especially if most parents would have opted to have their child vaccinated in the first place.9

Herd immunity is when a population has reached a certain level of immunization where the disease is no longer considered a threat to that population.10 Having high levels of herd immunity will tend to

4 Donaldson RJ, Essential Public Health Medicine (Kluwer Academic Publishers, 1993) 454.5 P Bradley, ‘Should Childhood Immunization be Compulsory?’ (1999) 25(4) Journal of Medical Ethics 330, 330.6 Ibid 330, 331.7 Ibid 330, 331.8 Ibid 330, 330.9 James Colgrove, ‘The Ethics and Politics of Compulsory HPV Vaccination’ (2006) 355(23) New England Journal of Medicine 2389, 2390.10 Bradley, above n 5, 330.

ing over the right to have their child vaccinated in the traditional or homeopathic manner. The child, whilst under the care of the mother was homeopathically immunized. The child was then im-munized by the father in a hospital.19 The court had decided to place an order for the child to undergo traditional vaccination that was to be followed up by the same doctor for the best interest of the child.20 The Australian Courts have seen many similar cases where divorce disputes have involved Courts deciding whether a child should be vaccinated and has very often decided that administering traditional vaccination is in the best interest of the child. These de-cisions show the position the Courts take in the administration of vaccination. There have been many similar cases where courts had to make orders on vaccination because of disputes between parents over vaccination choices for their child and courts have always cho-sen to vaccinate the child. Since parents are seeking a courts direc-tion on that issue, the law should then be able to make vaccination compulsory. It cannot be seen as usurping the parents’ right if it is for the best interest of the child.

COMPULSORY VACCINATION

Countries which have had compulsory vaccination seen remark-able changes to the number of people being immunized. In Italy where diphtheria vaccines are compulsory for children and ado-lescents, ninety percent were immunized while where it was not compulsory like MMR vaccines; only thirty to fifty percent of the population was vaccinated.21

However, the case in Australia is little different because of the au-thority regulating vaccinations. Power has indirectly been given to the schools that are enrolling students. If a parent chooses not to vaccinate a child, he not only needs to face the medical implications but also face societal implications by being denied access to educa-tion for their child.22

CHANGES IN AUSTRALIA

Background of Childhood Vaccination

Australia did not have legislations that call for mandatory vacci-nation. It does, however, have the Immunise Australia programme that seeks to increase the rates of immunisation in the country by funding free vaccination programs, raising awareness about immu-nisation to health care professionals and the public as well as setting up the Australian Childhood Immunisation Register (ACIR).

The ACIR is a national register where parents can register the types of immunisation their children have been administered, below the age of seven. It was established in 1996 to counter the decline in childhood immunisation in Australia and an increase in prevent-able childhood diseases. It has helped track and provide incentives to children who have not been immunised according to the sched-ule in place. However, the purpose it served merely tracks vaccina-tions instead of steering people towards the benefits of vaccinations.

The measures put in place were used as a directive to steer parents towards the decision of immunising their child but never to make it mandatory. However, despite those measures, state-wide vacci-nation coverage is only ninety-two percent. Recently, New South Wales has included new laws into the Public Health Act 2010 that

19 Kingsford v Kingsford [2012] FamCA 889, [1].20 Kingsford v Kingsford [2012] FamCA 889, [20]; Family Law Act 1975 (Cth) s 60CA.21 Greco D, ‘Vaccination: Legal Obligation vs. Education’ (1997) 25(3) Biologicals 319, 320.22 Public Health Act 2010 (NSW) s 86.

seems to make childhood immunisation compulsory.

New Law

This new law has placed the responsibility on the principals of pri-mary schools23 and childcare facilities24 to regulate childhood im-munisation. It now requires all children to be immunised.

Regulating Power

This view can is similar to what happened in the 1830s in Britain and America. It saw two policies coming into rise, compulsory ed-ucation and compulsory vaccination.25 Public schools are where there is a large number of children interacting in a public context. It is also an area where diseases have the potential to spread.26 There-fore it is essential for the regulating body to be at the public schools. It made logical sense. School vaccination laws systematically con-dition school attendance on a child being fully vaccinated.27 Un-derstandably, the driving force behind school vaccination at that time was the outbreak of smallpox28. However, is a country going to wait for another outbreak of smallpox to take the necessary action? Should one not learn from history?

There are many reasons as to why a child is not immunized in Aus-tralia and most would stem from the child not having access to healthcare facilities. Adding to that cocktail, transferring responsi-bility to a school would only mean that the school will not admit a child into the education which will set the child further backwards.

Reasons for Mechanism of Enforceability

The reason behind this particular mechanism employed by the New South Wales government is to get families to vaccinate their chil-dren before they are placed in a school where they are in constant interaction with other children. Are schools necessarily the appro-priate regulatory body that ensures that children be vaccinated?

SUCCESSFUL VACCINATION LEGAL MODELS

Singapore has enacted legislation for compulsory vaccination and placed the onus on parents to have their children vaccinated or face charges against them. People are Singapore’s important resources. Singapore is small and any outbreak due to the negligence of some can prove to be disastrous. As explained above, children belong to a larger entity called the community and are accountable to the well being of the community as a whole.

History

The Infectious Diseases Act (IDA) was implemented in 1977.29 The legislation was enacted to control infectious diseases and to prevent infectious diseases from entering Singapore.30 In the event of an outbreak, the legislation will allow for quick action to reduce the risk of spread and to isolate the source of the infectious disease.

Following that thread, with the knowledge that young chil-dren are more prone to infectious diseases, Singapore established

23 Public Health Act 2010 (NSW) s 86. 24 Public Health Act 2010 (NSW) s 87.25 James G Hodge, ‘School Vaccination Requirements: Historical, Social and Legal Perspec-tives’ (2000) 90 Kentucky Law Journal 832, 850. 26 Ibid 832, 850.27 Ibid 832, 878.28 Ibid 832, 850.29 Infectious Diseases Act 1977 (Singapore).30 Infectious Diseases Act 1977 (Singapore) s 6.

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Features

Features

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the National Childhood Immunisation Programme.31 This com-pulsory immunisation programme boasted results in the reduction of smallpox occurrences.32 Written around the time the legislation was enacted, it goes to show that to curb infectious diseases, vac-cinations were important and this might be the very reason why compulsory immunization was implemented.33

Although the act was amended in 2007, after the new Internation-al Health Regulations came into the legal scene,34 the part that re-quired vaccination never changed despite the change in the acces-sibility to health care and better hygiene practices.

Regulating Power

Unlike in Australia, the enactment of the Singapore legislation em-powered the government as well as delegated powers to the Direc-tor of Medical Services and he in turn can delegate the power to any health officer ‘he thinks fit’.35 In essence, any health officer can ask anyone he suspects is linked to an infectious disease,36 and take necessary actions to prevent the spread of the disease. The Health officer is in a related field, healthcare, and is a centralized body that is making the decision. In Australia, however, the childcare facil-ities are diverse and its objective is to teach a child, not to fully ensure his health. Therefore, in Australia, a conflicting objective might pose a problem as the onus is on the childcare facilities and schools and not the parents. The power to decide on whether their child would go for immu-nization was taken away from the parents and replaced with a re-sponsibility where parents have to immunize their children or face committing an offence.37

Countering Side Effects

All parents, regardless of their socio-demographic background, need accurate information about medical contraindications to immunization.38 The government cannot turn a blind eye towards concerns from parents with regards to ‘toxins’ in the vaccine cock-tail.

Therefore, there are legislations regulating the type of vaccines that the hospitals administer on the children. There are strict protocols and guidelines that are regulated by legislation which pharmaceu-tical companies have to follow or face a hefty fine.39

CONCLUSION

Compulsory vaccination does not take away parental rights but reinforces the responsibilities a parent has. However, a proper legal checking system should be put in place so as to ensure that parental concerns are addressed and that it is properly managed. If Australia transfers the regulating body to be that of the a health related board like Singapore which works hand in hand with the courts, then compulsory vaccination can make more sense.

31 Fereen Liew, ‘Evaluation of the effectiveness of the National Childhood Immunisa-tion Programme in Singapore, 1982-2007’ (2010) 39(7) Annals Academy of Medicine 532, 532.32 BR Sreenivasan, ‘Changing Pattern in Diseases’ (1976) 26 Journal of the Royal College of General Practioners 860, 863.33 Ibid 860,865.34 International Health Regulations 2005 (World Health Organization).35 Infectious Diseases Act 1977 (Singapore) s 4.36 Infectious Diseases Act 1977 (Singapore) s 2.37 Infectious Diseases Act 1977 (Singapore) s 46.38 Prislin, above n 1821, 1823.39 Medicines Act 1977 (Singapore) s 12.

The Law Society of Singapore - Pro Bono Services Office (PBSO)

What are our aims?

As part of the Law Society’s mission to ensure access to justice for all, we are an initiative by the Law Society of Singapore to help bring free legal assistance to those in need in our community. We were launched in 2007 after a collaborative commitment by the Singaporean legal profession to donate at least 25 hours per lawyer/year towards pro bono work.

What programmes do we employ to serve the community?

Individuals Community at Large Community-Serving Organisations• Community Legal Clinic (CLC)• Criminal Legal Aid Scheme• Ad Hoc Pro Referral Scheme

• Law Awareness: Public education seminars and exhibitions• Law Cares: raising awareness of eldercare related legal matters

• Community Organisation Clinic (in collaboration with the Institute of Certified Public Accountants (ICPAS) & the Singapore Human Resource Institute (SHRI)• Project Law Help• Joint International Pro Bono Committee

What about publications and initiatives?

• Know the Law Now! Booklet• Community Legal Clinic Manual• Collating research on common types of legal issues faced by the elderly• Connecting volunteer lawyers and law students with VWOs providing elderly care• Pro Bono Guide for Volunteers• Pro Bono Guide for Law practices• Project Law Help Legal Information Portal• LegaleSE: A legal handbook for social enterprises

How can you contribute?

• Legal Clinics / Representation – provide help to the needy after being called to the bar!• Knowledge Resource Development – Edit, compile and contribute!• Internships/Attachments – assist our officers, provide research assistance, and gain an overview of the court process!

To apply, or for more information, please contact us at volunteer_pbso@lawsoc.org.sg.

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Pro Bono

Singapore has a vibrant pro bono scene with 80,000 hours pledged by over 3,500 members. The initiatives are led by the Pro Bono Ser-vices Office (PBSO), Law Society of Singapore and the Legal Aid Bureau with the goal of bringing free legal assistance to those in need in our community, to contribute to the notion of access to justice for all.

The PBSO provides legal representation through the Criminal Le-gal Aid Scheme (CLAS) and Community Legal Clinics (CLCs). CLCs provide general legal advice through Community Develop-ment Councils (CDCs) and specific legal advice via the Civil Legal Clinic, Criminal Legal Clinic and Family Legal Clinic.

After a prior 2-week experience via the student volunteer scheme, I continued to intern for another two months with the staff under CLAS to further understand the needs of the society arising from the legal industry with a strong belief in the cause. I was greatly inspired by the selfless work given by the advocates and staff of the office.

CLAS provides criminal legal assistance to the needy members of society who are unable to afford legal assistance and are facing charges in a Singapore court for a non-death penalty offence under various legislations, including the Penal Code and Misuse of Drugs Act.

As an intern at CLAS, I had the opportunity to interview accused persons at the Subordinate Courts, Changi Prison Complex and

The Law Society of Singapore - Pro Bono Services Office (PBSO) Internship

by Meryl Zhan Yee-LiewMonash University

the Institute of Mental Health on a day-to-day basis to review their eligibility for legal representation through an assessment of their background and charges. Furthermore, I was given a chance to as-sist volunteer lawyers in court and during legal clinics sessions.

My time at the PBSO was a truly humbling experience as it had exposed me to the trials and tribulations of the less fortunate in Singapore during the various interviews and legal clinics. As an as-piring lawyer, CLAS opened my eyes to the demands of a litigator through my interactions with the staff, volunteer lawyers and ac-cused persons as I had learnt and honed criminal profiling and cli-ent interview methods. Most importantly, the experience has also taught me the importance of legal representation and the need to provide access to justice for all individuals regardless of their back-grounds.

I would definitely encourage all law students to volunteer at PBSO to better understand the real legal issues faced by fellow Singapor-eans. The office provides an experience that law firms will never offer. Moreover, the directors and staff at PBSO are friendly and inclusive.

There is definitely still room to grow in the pro bono scene in Sin-gapore as the PBSO looks to increase its scope of legal representa-tion to cover other areas of law. As prospective lawyers, one should definitely look to committing their time to legal aid and contribute our legal knowledge to those who need it most.

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Pro Bono

1. We understand that you are a law graduate from Flinders; why did you choose to study in Australia back then?

When I commenced my legal education, my main aspiration was to be eligible to be called to the Bar in Singapore. Flinders Univer-sity accorded me this opportunity as it was entered into the Third Schedule of the Legal Profession (Qualified Persons) Rules in 2003 – which was the year I commenced my undergraduate studies. I elected to read law at Flinders University because the faculty had a growing reputation as an institution with a keen focus on teaching. Suffice to say I was not in the least bit disappointed as my educa-tional experience was thoroughly enjoyable.

2. Can you describe your studying experience in Australia?

I thoroughly enjoyed the experience. It was my first foray into the study of law, and it did much to stoke my interest in the subject which has not waned till date. The lecturers and tutors in the faculty were extremely engaging. For instance, many of them were happy to engage in long academic discussions with students on a one to one basis.

Apart from the academic aspects David Bamford, the Dean of the Law Faculty, also took an active interest in making sure that inter-national students settled in nicely. That was most welcome.

3. Did you feel disadvantaged when you first entered the legal industry? If so, what were the difficulties that you faced?

I did not face any problems when I first entered the legal industry.

4. Could you kindly tell us about your experience as a Jus-tice Law Clerk?

It was a fantastic experience for me. I was most fortunate to be giv-en the opportunity to be a Justices’ Law Clerk and I remain eternal-ly grateful to Attorney-General VK Rajah. The stint was a period of intense legal learning within the highest echelons of the Singa-pore Judiciary. Working closely with the Justices of the Supreme Court taught me much about how cases should be argued, as well as how they are eventually decided. Assisting the Justices often en-tailed considering the arguments of advocates, before formulating opinions on the merits of each case. This allowed me to be privy to some of the thought processes behind judicial decision making.

In addition, given the thoroughness of research expected before each decision is arrived at, I learnt the virtue and joy of extensive multi-jurisdictional research.

5. Can you comment generally on some areas where prac-tice in Singapore differs from that of Australia?

That would mainly be in terms of civil and criminal procedure; in this respect it differs quite markedly. Where what is taught in the university courses deal mostly with substantive law (with some procedure covered), the bulk of procedure will be learnt after grad-uation when you prepare to sit for the Bar.

6. In your opinion, do you think there may be an eventual oversupply of lawyers in the next 5 years?

I am not actually aware of an impending oversupply and am not in a position to comment on it. As I understand it the Law Society has indicated that there remains a dearth of lawyers at 5-10 years seniority as the attrition rates remain extremely high. From what I hear, smaller and medium firms often find difficulty in terms of hiring.

7. What is your current role at the Ministry of Home Af-fairs and what does it involve?

My current role is as a Deputy Director in the Policy Development Division of the Ministry of Home Affairs. Broadly speaking, I am involved in the formulation, and implementation, of policies. This may entail driving legislative amendments, or operational changes within MHA.

8. Why did you choose to work in the public sector rather than private practice?

My first occupation in the public service was as a Deputy Public Prosecutor. I was drawn to the position as I wished to be in a posi-tion to do justice. In this respect, the discretion vested in the DPPs allowed me to do so. I was able to decide whether to charge persons or not – in the latter situation, even if a person was guilty of an of-fence he or she may not be prosecuted but instead be diverted to re-habilitative programs instead. The ability to positively impact upon the lives of people, accorded by the position, greatly attracted me.

Interview with Andrew Tanby Emelia LohMonash University

Andrew Tan graduated from Flinders University in 2007 and has been working since December 2008 after completing the Graduate Diploma in Singapore law, as well as the Practical Law Course (Bar Exams). Prior to assuming his present position as Deputy Director at the Ministry of Home Affairs, he spent 4 years as a Deputy Public Prosecutor, and 1 year as a Justice Law Clerk.

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9. What do you think employers in the public sector look out for in potential candidates?

I suppose at the bottom line it is the desire to serve society as op-posed to that of self-advancement. Anybody can have the drive to achieve or strive to success, but that does not necessarily mean you are suitable or will do well in the legal profession in the public sec-tor.

10. How were you first inspired to consider the study of law?

It was really the desire to learn what exactly regulates all facets of society and how it does so, since the law permeates and all as-pects of interaction, whether between individual persons or even between the individual and the government. Along the way, the various cases I studied across topics allowed me to learn how the law regulates behaviour, and that definitely further developed my interest and love for the law.

Interviews

12

Coming into operation on 2 January 2014, the Do Not Call Registry (“DNC Registry”) is set up to allow individuals the option to elect to ex-clude themselves from receiving unsolicited marketing messages or calls addressed to their Singapore telephone line. The focus of the DNC Registry is on telemarketing calls or messages with a commercial character.

BACKGROUND

The DNC Registry is established under the Personal Data Protection Act 2012 (“PDPA”). The PDPA creates a data protection law in Singa-pore that governs the collection, use, disclosure and care of personal data. Arguably a move in light of cases of theft of customer personal data from large corporations like Sony in 2011, the PDPA seeks to balance the commercial needs of organizations with access to individual personal data and the right to protect one’s personal data.

WHAT IT MEANS FOR THE INDIVIDUALS

Unprecedented in Singapore, the DNC regime under the PDPA prohibits organizations from sending such messages to a Singapore regis-tered telephone number listed in the registry. As the DNC regime applies a ‘opt out’ approach, individuals are given autonomy over whether or not to receive such marketing messages.

There are currently three options on the DNC Registry, which an individual can choose to register with: (i) No Voice Call Register;(ii) No Text Message Register; and/or(iii) No Fax Message Register

CONCLUSION

Within a month of the operation of the DNC Registry, there have been 1, 500 valid complaints from the public. The Commission (“PDPC”) set up under the PDPA has also begun investigations on recalcitrant organizations that continue to send out unsolicited marketing messages. The PDPC seems to be sending out a very clear message that it is serious in enforcing individual rights to the protection of their personal data.

Sources:Personal Data Protection Commission, Singapore Government, Do Not Call Registry and You (6 January 2014) <https://www.pdpc.gov.sg/individuals/do-not-call-registry-you>

Irene Tham, Time to say goodbye to unwanted calls: Do-Not-Call registry now open for registration (2 December 2013) <http://www.straits-times.com/breaking-news/singapore/story/time-say-goodbye-unwanted-calls-do-not-call-registry-open-registration>

Recent Legal Newsby Emelia Loh & Terrance Tong

Monash University

‘DO NOT CALL’ Registry

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14

Recent Legal News

The success of Singapore’s International Arbitration Centre (SIAC) in the past decade has led to the development of Singapore as legal hub in Asia. Positioning itself as the popular neutral third party venue for dispute resolution, Singapore has been attracting complex cross-border disputes from Asia and beyond.

Two new initiatives has been proposed by the Ministry of Law to build on the success of SIAC and further develop Singapore as Asia’s legal hub: 1. Establishing the Singapore International Mediation Centre (SIMC); and 2. The Creation of the Singapore International Commercial Court (SICC)

The Minister of Law, K Shanmugam, noted that these initiatives will “extend our success in arbitration, into adjacent areas of commercial mediation and court-based commercial litigation for international law”. Both courts are intended to capitalize on the increasing cross-border investment and trade into Asia, as well as between Asian economies. The creation of SICC and SIMC will be able to provide a neutral legal forum for disputes within Asia or places that are geographically nearer to Singapore.

KEY FEATURES OF BOTH INITIATIVES

Singapore: Asia’s Legal Hub

SIMC SICCOrganization The SIMC will be closely linked to the SIAC

(distinctly separate from the local Singapore Mediation Centre).

The panel will comprise of high quality inter-national mediators whose competency will be certified by the Singapore International Me-diation Institute (SIMI)

It has been proposed that a Mediation Act be enacted so as to statutorily provide for the en-forcement of mediated settlements as a court order rather than a contractual obligation.

The SICC will be a division of the Singapore High Court and part of the Supreme Court of Singapore.

A panel of judges comprising of existing Supreme Court Judges and Associate Judges will hear matters in SICC.

The SICC Court of Appeal will hear appeals on decisions of the SICC, with judges drawn from the current level of Court of Appeal Judges and/or SICC panel.

Key Features The SIMC will provide user-centric media-tion services which includes (amongst many others):• Deal-making services • Online dispute resolution services• Post-merger facilitation

The Court is designed to hear 3 main categories of cases:

1. Parties who agreed to use the SICC after their dispute has arisen2. Where it is a contractual term to confer the SICC jurisdiction to resolve any contractual disputes3. Cases within the Singapore High Court jurisdiction which are transferred to the SICC by the Chief Justice

In addition, there are 3 distinguishing features:

• Parties are allowed to make submissions on any law• Foreign lawyers can represent parties in SICC • Foreign judges, in addition to Singaporean judges, will be appointed to hear cases

Sources: Laura Philomin, Singpaore to remake itself as Asia’s legal hub with new commercial court (12 February 2014) Reuters <http://in.reuters.com/article/2014/02/11/singapore-law-idINDEEA1A0JC20140211>

Lawrence Teh and Janice Ngeow, Singapore sets up International Commercial Court (31 March 2014) Lexology <http://www.lexology.com/library/detail.aspx?g=163e92b1-2d07-4420-b7f5-de67cd63d45b>

Singapore International Commercial Court Committee, Report of the Singapore International Commercial Court Committee (November 2013) Ministry of Law < https://www.mlaw.gov.sg/content/dam/minlaw/corp/News/Annex%20A%20-%20SICC%20Committee%20Re-port.pdf>

Justice V K Rajah took office on the 25th of June 2014 as Singapore’s eighth Attorney-General. As the Government’s top legal adviser and Public Prosecutor, Justice Rajah will be tasked with the responsibility of administering criminal justice with the public interest in mind.

Justice Rajah, 57, has served on the Bench for over than 10 years. Beginning his career at Rajah & Tann, he was appointed as a managing partner in 1987 where he oversaw growth of the firm from 6 lawyers to over 160 at his departure in 2004.

First appointed as Judicial Commissioner on 2 January 2004 and a Judge on 1 November 2004, Justice Rajah was subsequently appointed Judge of Appeal of Singapore’s Supreme Court on 11 April 2007. He has also chaired both the Singapore Institute of Legal Education and the Board of Judicial Learning since 2010.

APPOINTMENT

President Tony Tan Keng Yam appointed Justice V K Rajah the new Attorney-General, succeeding Mr Steven Chong who will return to the Supreme Court at the completion of his term. Justice Rajah will serve a two-year term as Attorney-General, in addition to being appointed as a Member of the Presidential Council for Minority Rights for a term of three years effective from 25 June 2014.

Sources: Channel News Asia, V K Rajah appointed as Attorney-General of Singapore (25 June 2014) Channel News Asia <http://www.channelnewsa-sia.com/news/singapore/v-k-rajah-appointed-as/1204526.html>

New Attorney-General Takes Office

Judicial Commissioner, Mr Tan Siong Thye, was appointed a Judge of the High Court of Singapore on 1 July 2014. As a Judge of the High Court of Singapore, Justice Tan will hear civil and criminal matters of both original and appellate jurisdiction.

Prior to serving as a Judicial Commissioner, Justice Tan joined the Singapore Legal Service in June 1979 as a Deputy Public Prosecutor in the Attorney-General’s Chambers. He then held positions at the Subordinate Courts (presently renamed “State Courts” as of 7 March 2014), the Ministry of Finance and the Singapore Police Force. Returning to the Subordinate Courts in June 2008, Justice Tan was appointed first a Judicial Officer in August 2008 and later a Chief District Judge in February 2010.

Justice Tan has been at the forefront of upholding the administration of justice, introducing a centralised Pre-Trial Conference model in the Criminal Courts for the better use of judicial resources. Under Justice Tan’s leadership, the Helping to Empower Litigants-in-Person (HELP) Centre was also established to assist the growing number of Litigants-in-Person navigate court processes as well as provide pro bono legal advice.

With Justice Tan’s appointment, the Supreme Court will have a total of 14 judges including Chief Justice Sundaresh Menon.

Sources:Channel News Asia, New Judge appointed to Supreme Court (1 July 2014) <http://www.channelnewsasia.com/news/singapore/new-judge-appointed-to/1225632.html>

Supreme Court, Appointment of Judicial Commissioner Tan Siong Thye as High Court Judge and the Swearing in of Justice Steven Chong and Justice Tan Siong Thye (1 July 2014) <http://app.supremecourt.gov.sg/default.aspx?pgid=5381&printFriendly=true>

The State Courts of Singapore, Annual Report 2013 - Renewing our Commitment to Justice (2013) 77-78. <https://app.statecourts.gov.sg/Data/Files/file/AR_2013/AR2013.pdf>

High Court Judge Appointment

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Recent Legal News

In the past, divorce proceedings usually involve taxing court procedures especially when there are children involved. On the 4th August 2014, the new Family Justice Bill, which was passed, aims to provide a better system for couples going through a divorce proceeding.

The Minister of Law, K Shanmugam, noted that “Families should be saved as far as possible and disputes should be brought before the court only as the last resort. But if the marriage has irretrievably broken down and the family ends up in the court system, the court processes should not worsen the anguish for the family.”

With similar objectives in mind, the Committee for Family Justice has proposed the following recommendations to improve the current Singapore’s family justice system:

1. Provide better support for families to deal with their disputes through a robust and integrated network of assistance and support 2. Creating a comprehensive specialist family court structure known as the Family Justice Courts

KEY FEATURES OF BOTH RECCOMMENDATIONS

New Family Justice Bill

Recommendations Key FeaturesRobust and Integrated network of assistance and support

Major community touch points are strengthened to assist families with problems.

Specialist Agencies will also be set up to offer services that resolve divorce issues. This is on top of existing or-ganisations that combat family violence problems. The following services will be provided in line with the aims: • Non-legal advice• Case management by social workers• Counselling• Family Dispute management

Comprehensive specialist family court structure

It is mandatory for couples who intend to undergo a divorce proceeding to undergo pre-filing consultation sessions. This is to increase their awareness of the negative impacts that will fall upon the family as well as the importance of co-parenting.

There are enhanced court processes for couples instituting divorce proveedings. • “Court Friend” scheme which provides legal support for unrepresented litigants. • “Judge-led approach” where the judges take on a proactive role. • Differentiated case management where the direction of each case is tailored accordingly. • Child-centred approach that the welfare of the children is not overlooked.

A new Family Law Practitioner (FLP) accreditation will be implemented where lawyer will undergo specialist training in the area of family law.

Sources: Committee for Family Justice, Recommendations to transform the Family Justice System (4 July 2014) Ministry of Law <https://www.mlaw.gov.sg/content/minlaw/en/news/press-releases/recommendations-to-transform-family-justice-system.html>

Eileen Poh, Parliament passes Family Justice Bill (4 August 2014) Channel News Asia <http://www.channelnewsasia.com/news/singapore/parliament-passes-family/1296546.html>

Laura Elizabeth Philomin, Family Justice Bill not aimed at helping couples split up: Shanmugam (5 August 2014) Today Online <http://www.todayonline.com/singapore/family-justice-bill-not-aimed-helping-couples-split-shanmugam>

Recent Legal News

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Applying for a practice training contract can be a challenging pro-cess. Not only will you be competing for limited spots in your pre-ferred firms with other Singaporean law students from Australia, you would be vying against Singaporean law graduates from the United Kingdom and Singapore.

Every prospective trainee has to go through the process of sending in their resumes. Your application will be the first point of contact with the firm. There is no better way to make a good first impres-sion other than your resume.

Tips for writing a good Resuméby Sharifah Al-EdrusUniveristy of Tasmania

1. Be succinct in your cover letterFirms receive voluminous practice training contract applications. It would benefit your application if the notable experiences, qualities, aptitudes, or strengths which you would like to highlight is suc-cinctly written and easy to read.

2. State the year and practice area which you are interested inThis is to ease your application process. Stating the years which you would like to commence Relevant Legal Training and/or Practice Training Period assists firms in projecting the intakes of trainees.

3. Remain contactableBeing an Australian overseas student, coupled with being a few hours ahead of home, you might not be able to return missed calls on time and hence, emails are important. If you receive an email enquiry from the firm regarding your application, respond in a rea-sonable timeframe. Always ensure that you check your email fre-quently. This includes updating the firm if you have any changes in contact details.

4. State when you would be available for interviewSkype interviews are always an option. Provide your Skype details if you have one. If you are heading back home, include this detail in your cover letter in case the firm would like to schedule a face-to-face interview.

5. Ensure your application documents sent are readableSome firms have an online application portal which only support limited file extensions. Stick to the commonly used formats like Word Document and PDF as far as possible. Try emailing yourself these documents and open them at different computers to ensure it is readable and not corrupted.

Applying for a training contract is almost equivalent to applying for a full-time job. Firms select practice trainees on the premise of retaining them at the end of the training period. Find out more about a firm before you apply to ensure that you can adapt to their organizational culture and structure. Take the time to assess your strengths and how you can contribute to the firm.

Some students secure training contracts early in to their university education. However, do not be pressured because of this. If you are not ready to apply, please don’t. The last thing you want is to be committed in a training contract to a practice area/firm which you are no longer interested in.

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Sharifah Al-Edrus is a first year postgraduate law student at the University of Tasmania. He previously graduated with a Bachelor of Business and had been working as the sole Hu-man Resource Executive at a second tier Law Practice in Sin-gapore. With his exposure, he shares with us the typical hiring process of lawyers in the law firm.

Careers

The AUSLSS is committed to providing our members with opportunities to stay in touch with the legal market in Singapore. One such opportunity was the firm visit to Oon & Bazul on the 16th of January 2014, attended by twenty of our members.

The night began with an introduction of the firm by the firm’s recruiting partner, Mr Kelly Yap. He talked about how the firm was founded and has grown to be one of the leading mid-sized firms in Singapore today.

Another partner of the firm, Ms Kohe Hasan, spoke about the main areas of practice of the firm such as International Arbitra-tion. This places Oon & Bazul at the forefront of the legal industry where arbitration is the preferred method of resolving dis-putes, as opposed to litigation, because it is more flexible in nature.

The firm’s expertise in Shipping Law was also highlighted. It is a niche market with Oon & Bazul as one of the few firms in Singa-pore that are fully equipped to handle a wide range of shipping law matters. The firm is experienced in advising on legal disputes across Asia and not simply in Singapore.

Also present at the event were several associates from the firm, who were Australian law graduates. They provided the students with valuable information and advice about working in Singapore as an Australian graduate.

The night ended with an informal networking session where the students mingled with the partners and associates, and asked any lingering questions.

Overall the event was success. We greatly appreciate the time and effort Oon & Bazul took to tailor this event to our needs. The students gained valuable information about the firm and also about the legal market in Singapore.

by Kyna Jessica FooAustralian National University

Oon and Bazul Firm Visit

Events

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Pre-Departure Orientation 2014by Derek ChiaMonash University

The Pre-Departure Orientation is part of the AUSLSS’ pledge to facilitate its members’ legal education in Australia, and one of the key events in the AUSLSS calendar. Organised in con-junction with ContactSG, it was held on the 8th of February 2014 at the Ministry of Manpower. First-year students, cur-rent students, and committee members attended the event.

The Pre-Departure Orientation serves as a platform for the AUSLSS to give first-year law students an insight into how the society can provide assistance to its members from academic pursuits to career prospects, as well as an introduction to the various initiatives AUSLSS adopts in the calendar year.

The orientation was started off with an address by the AUSLSS President, Jeremy Sim, where he welcomed the new students and members, and gave a brief overview of the society’s goals and the role it can play in assisting its members in their ongo-ing legal education. The committee members and respective university representatives for 2014 were also introduced.

A ContactSG representative then gave a short presentation with regards to various career-related initiatives available to students studying in Australia and New Zealand, and the rel-evant periods they are offered in.

An informal ice-breaking session followed, where members in attendance mingled; first-year students had the opportuni-ty to engage with their university representatives and seniors. The Pre-Departure Orientation was a useful session where members, new and current, were able to and learn more about what to expect in the course of their studies.

Events

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On Thursday 23rd January, around 30 Singaporean law stu-dents from universities across Australia gathered at Rajah and Tann’s Singapore office for a firm presentation followed by a networking evening.

The evening began with a presentation by the firm’s recruit-ment partners, Danny Ong and Desmond Wee, who provided an overview of Rajah and Tann. The firm’s expertise in the Asia region was emphasized, particularly with the expansion of the firm’s offices in countries such as Cambodia and Myan-mar.

Additional key points highlighted in the presentation includ-ed the wide range of practice areas available at the firm and the benefits of working at one of Singapore’s leading firms. Wee recounted that Rajah and Tann was a pioneer in provid-ing its lawyers with a cafeteria located within the firm. Wee stated it was virtually unheard of in the early 90s for firms to provide its lawyers with a space to gather over a meal. To-day its lawyers regularly meet for breakfast in the cafeteria as practice teams. Wee stated that this encourages stronger working relationships, essential to any firm given as lawyers often spend long hours working together.

Wee and Ong concluded the presentation on the qualities Rajah and Tann seek in its lawyers before opening the floor for Question Time. The presentation was well received by the students and questions ranged from the firm’s application process to its graduate program.

The firm’s Australian graduates and some UK graduates were invited to the networking portion of the evening where they mingled with the students and answered any additional ques-tions students had from the presentation. Many students were eager to gain some insight into the firm and the graduates in turn were open in providing their perspective of working life as well as the firm’s culture.

The event proved a success with a number of students indicat-ing interest in Rajah and Tann’s graduate opportunities at the conclusion of the evening.

Rajah and Tann Firm Presentation

and Networking Evening

by Lydia ChiaMonash University

Events

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21

Events

The Australian Singapore Law Students Society’s Executive Committee (AUSLSS Exco) of 14/15 has identified a need to build up the recog-nition of Singaporean law undergraduates studying in Australia. This is due to our realisation that Australian graduates are often overlooked for traineeship and internship positions. Our intention is therefore twofold: to make this society known amongst the Singapore legal frater-nity and to inform the fraternity in both public and private sectors of the quality of legal education in Australia.

Within the first month into their term, the Exco have engaged with firms, legal departments and key figures of the legal sector on a personal level through meetings and firm visits. The AUSLSS has recently published A guide to Australian Law School Grading Systems with the pur-pose to assist HR departments and recruitment partners to have a better understanding of our grading systems.

On behalf of the society, President Jeremy Sim and Vice-President Paul Louis introduced the new publication to the Attorney-General Chambers, Justice V K Rajah and the Law Society of Singapore on the following three occasions.

Meeting with Attorney-General Chambers (‘AGC’)On 18th February 2014, the AUSLSS Exco met with the represen-tatives of the AGC namely, Chief Prosecutor Aedit Bin Abdullah, Deputy Senior State Counsel Leong Kwang Ian and Deputy Chief Counsel, Ms Aurill Kam Su Cheun.

A detailed explanation was given over the stark difference between the grading systems in Australian law schools and their UK and Singaporean counterparts. For instance, in Monash University, only a graduate with a weighted average mark of 67 will be awarded a degree with third-class honours. AUSLSS expressed concerns over the possibility that the Australian grading system is prejudicial to Australian university graduates as employers might not understand that a slight difference in the weighted average mark can result in significant variation in degree classification. This has the effect of focusing on a student’s honours classification without taking into consideration the manner in which these graduates were graded. However, Chief Prosecutor Aedit assured us that the Singapore Legal Services have done their research on the different grading systems across the Overseas Scheduled Universities and Australian graduates are not disadvantaged in this aspect.

This opportunity was also taken to discuss the concern over undergraduates from Australia being unfamiliar with the specifics of the Singa-porean public legal sector and the various relevant departments. In response to this, we discussed the possibilities of holding a firm visit with the AGC. While the AGC stated that they do not hold firm visits, they added that there are internship positions available periodically which will allow the students to get to know the public legal sector better. The application process is relatively hassle-free and only the applicant’s resumé and cover letter is required. There are generally more applicants than places available, however. Annual reports are published online where job experiences are shared.

Regarding the topic of recruitment criteria, Singapore Legal Services are particularly seeking promising candidates who display positive aptitudes coupled with good communication skills. At the stage of the recruitment process, applicants are not expected to know all details of Singapore’s legal system because they will be taught that during the bar courses which they will undertake. It may also be of utility if double degree students can show how their second non-law degree will be relevant and applicable to the job.

Finally, the meeting ended with the AGC explaining the overall structure catering for the employment of officers from overseas universities. Such officers will generally be appointed after the successful completion of their Part A course. They will be given time off to attend Part B classes but will otherwise be expected to work full-time with study breaks given as examinations approach. Upon completion of the Part B course, officers will undergo the AGC equivalent of a “Training Contract”, allowing them some exposure to different departments of the Singapore Legal Service. This programme usually lasts about two months.

Left to right: AUSLSS President Jeremy Sim, Deputy Senior State Coun-sel Leong Kwang Ian, Chief Prosecutor Aedit Bin Abdullah, Deputy Chief Counsel Ms Aurill Kam Su Cheun, AUSLSS Vice-President Paul Louis

Exco Meetings

Events

22

On the 21st of February 2014, the AUSLSS Exco met with key members of the Law Society of Singapore; its President, Mr Lok Vi Ming and Miss Krystel Ee from Communications and Membership Interest Department.

During the meeting, representatives of the Communications De-partment mentioned that inquiry was made into AUSLSS’ situation with ContactSG and considered ways to assist AUSLSS to increase awareness of Australia legal education system to the Singapore’s legal profession. We explored the possibility of having AUSLSS’ graduates and undergraduates do write-ups that complement the Law Society of Singapore’s Law Gazette publications, to which the Law Society has kindly agreed to make space for appropriate arti-cles from AUSLSS.

In response to a request for suggestions to increase the profile of the AUSLSS, the President of Law Society Lok Vi Ming suggested that more efforts could be made to reach out to Pre-University stu-dents studying in Junior Colleges. Australian law schools may not be the traditional preference and thus there is room for AUSLSS to take steps to familiarise the public on the quality of Australian law education and degrees.

President Lok also raised the idea of having our members intern at the Pro-Bono Services Office. The Law Society of Singapore can also consider the idea of sending representatives to AUSLSS’ next pre-departure meeting to share internship experiences with the students before they pursue their legal education in Australia. It was an eventful week for the Exco of AUSLSS who benefit-ed greatly from the interactions during these meetings. It was an

honour to learn from the forerunners of Singapore’s legal indus-try. Their experiences and wisdom imparted to the Exco has begun shaping the society’s direction towards achieving greater heights. The Exco of AUSLSS have been working hard since the initiation of their term to put these ideas to reality and hope to see these grow into fruition in the years to come.

Meeting with Justice V K Rajah

Left to right: AUSLSS Vice-President Paul Louis, Justice V K Rajah, AUSLSS President Jeremy Sim, AUSLSS Editor Emelia Loh

On the 20th February 2014, the AUSLSS Exco met with Justice V K Rajah, former Judge of Appeal of the Supreme Court of Singapore.

The meeting began with a breakdown of the various institutions that our members are currently reading law at by introducing the abovementioned publication by AUSLSS. Some practical difficul-ties Australian law school graduates might face were highlighted. The current oversupply of law graduates and the legal sector’s lack of understanding of the Australia grading system make it increas-ingly difficult to clinch a training contract.

Meeting with Law Society of Singapore

Left to right: AUSLSS Vice-President Paul Louis, LSS President Lok Vi Ming, AUSLSS President Jeremy Sim, AUSLSS Editor Emelia Loh

Justice Rajah discussed the uprising areas of law such as Interna-tional Commercial Arbitration and noted that demand for lawyers in civil, criminal and matrimonial areas of domestic law is still present and will always be an open market. Since the first intake of the 3rd local law school at Singapore Institute of Management (‘SIM’) is only commencing, this will not affect the current batch of undergraduates although it will contribute to the existing pool of law graduates five years down the road.

It is currently a priority for AUSLSS to clarify misconceptions about the Australia’s legal education placing focus on the quality of education as opposed to the grades. Justice Rajah provided sug-gestions for the society in this area, mainly educating the relevant audiences in the legal fraternity pertaining to the quality of Aus-tralia’s education and meeting other relevant employers outside the legal industry. Justice Rajah also emphasised on the importance of continuity on the part of future AUSLSS’ leaders to build on the ef-forts and applauded the dedication of the present Exco in creating a stronger AUSLSS presence in the legal fraternity.

Finally, Justice Rajah identified some notable leaders in the Singa-pore legal fraternity who graduated from Australian law schools and gave some words of encouragement on the topic of getting the first job: “The ‘light-bulb’ comes on for different people at different times, the fact that one does not shine at earlier stages is not a per-manent handicap”.

Register yourself as a member of ContactSG at http://www.contactsingapore.sg/registration

to join their mailing list for their latest updates or to apply for jobs through their portal.

Alternatively, visit http://www.contactsingapore.sg/jobs to find out which leading employers are offering job opportunities.

Currently on their portal are intership opportunities relevant for law undergraduates in firms like Oon & Bazul LLP and KhattarWong LLP.

ContactSG is an alliance of the Singpaore Economic Development Board and Ministry of Manpower, formed with an aim to engage over-

seas Singaporeans to work, invest and live in Singapore. They active-ly link Singapore-based employers with professionals to support the

growth of key industries.

AcknowledgementsEditor

Emelia Loh

Content Sub-editors

Derek Chia

Lydia Chia

Terrance Tong

Design Sub-editor

Kyna Jessica Foo

Contributors

Alex Liam

Carolyn Tran

Meryl Zhan Yee-Liew

Nicholas Lim

Nytiaini Rajanhindren

Samuel Seow

Sharifah Al-Edrus

Sponsor

Contact Singapore

www.auslss.net