In this area you may encounter work such as dealing with contractual arrangements between companies, advising clients about the administration and governance of their company or providing advice about the legality of mergers and acquisitions. Whilst the work may be complex and challenging, you will likely be dealing with some very big-named transactions with large companies, a busy workflow and large variations in the type of work that you will be dealing with. Employment and Industrial Relations Law This practice area covers a number of areas of law, including (but not limited to) unfair dismissal, discrimination and equal opportunity, occupational health and safety, trade practices and contract. In this group you may be involved in work such as employment litigation (as corporations are often sued by employees for discrimination, unfair dismissal, and other grievances), client meetings, legal research on client’s issues, drafting letters of advice or corresponding with the Industrial Relations Commission and other courts and tribunals. Insolvency Law Insolvency law is an area of law legislated primarily by the Corporations Act. This area deals with the deterioration of companies, as well as the relationship between the company, its shareholders, and creditors when the company can no longer pay its debts. Insolvency law covers both litigious and transactional matters, ranging in size from extremely large corporate restructures to relatively small debt recovery matters. Work in this area of law may include drafting court documents and other transactional documents, court appearances and advocacy, company searches, drafting advice for clients on the verge of insolvency or those that have already become insolvent, negotiating with creditors to resolve a company’s debts, negotiations with appointed manager of company’s assets once it is insolvent, and a wide variety of other tasks. Litigation and Dispute Resolution The Litigation and Dispute Resolution team in a firm can expect to deal with litigious matters referred from other departments of the firm that do not wish to deal with the litigation themselves, as well as matters that are brought straight to the team. This practice group deals largely in managing litigious matters, but also provides advice and assistance with conflict mitigation and preventative strategies to avoid situations before they occur. Work may include drafting or considering pleadings, particulars, evidence and subpoenas, attending settlement discussions or alternative dispute resolution discussions, preparing for trial and court attendances, drafting advice to clients, attending to discussions with clients and opposing legal representatives, assisting with evidence and discovery, meeting with witnesses and taking legal statements, or general research to assist in preparation for trial. Common Practice Areas This section summarises a number of core practice areas that are common to most commercial law firms; however, it is by no means an exhaustive list. Before determining which area you are interested in for the purposes of your clerkship application, it is recommended you investigate the specialised practice areas of the firm you are applying for. This research is particularly useful for interviews, as HR and partners will often want to know what you areas you are interested in and what you know about their firm; particularly their key areas of specialisation. Corporate Law Corporate law firms often have a practice group dedicated to pure “Corporate Law”. This can confuse students, as the firms are corporate law firms, so what are all the other departments doing? This group deals with corporate litigation and transactions that are purely commercial in nature. The group is often divided into smaller subsections, such as Mergers & Acquisitions, Private Equity, Company law and Governance, and Superannuation Funds Management. 32 Clerkship Guide 2013