Legal services

Legal services

The Legal Services office includes the General Counsel and the University solicitors and provides advice to office-holders and staff of the University.

We provide advice and services on all legal issues affecting, or arising out of the activities of, the University and its controlled entities.  

We do not provide advice to students or personal advice to staff.

To help us help you, we have prepared a list of responses to frequently asked questions (FAQ). We have also prepared quick guides and checklists (DOC) on a number of key topics.

If you cannot find an answer to your query in the FAQ or quick guides, please read the University's Legal Services Policy and Legal Advice Procedure and complete the Legal Services Checklist (DOC, 80K) before contacting us. Please email your completed Legal Instruction Checklist to legalservices@mq.edu.au

However, if your matter relates to a subpoena, contact Helene Kemp on helene.kemp@mq.edu.au

For other urgent matters, please call Helene Kemp on 9850 4797.

Justice of the peace

Justice of the Peace (JP) services are available at Student Connect, 18 Wally's Walk, Building C7A, Level 2 MUSE between the hours of 9am and 5pm.

Frequently Asked Questions

Who does Legal Services represent? 

We provide legal advice and representation to the University and its controlled entities. All of the faculties, units and offices of the University are one legal entity. The controlled entities such as U@MQ Limited, Access Macquarie Limited and MGSM Limited are each separate legal entities.

How do I obtain advice? 

Please refer to the University's Legal Services Policy and Legal Advice Procedure and complete the Legal Instruction Checklist [PDF 14.7K]

What is the University's ABN?  

The University's ABN is 90 952 801 237.

I have received a subpoena. What do I do?

Contact Helene Kemp on 4797. Kemp will allocate the matter to a lawyer, who will contact you. In the meantime, please review the University's Subpoena Procedure.

To whom should subpoenas be addressed?

Subpoenas to the University and its controlled entities should be addressed as follows:

Attention: The Proper Officer
Office of the General Counsel
Macquarie University
Ground Floor, The Chancellery
E11A, 19 Eastern Road
Macquarie Park NSW 2109

Are we able to refer work to external legal advisers? 

Yes, with the approval of the Vice-Chancellor, General Counsel, Chief Operating Officer or a Deputy Vice-Chancellor (refer to the Legal Services Policy). This allows the University and its controlled entities to maintain quality and cost control and to avoid conflicts of interest. Legal Services assists with the selection of external legal advisers, taking into account areas of expertise and prior experience in handling work for the University or its controlled entities.

What is legal professional privilege? 

Legal professional privilege protects the confidentiality of communications with Legal Services. In most cases, advice given by Legal Services is protected by legal professional privilege, and this privilege may extend to documents, emails or advice provided verbally. Legal professional privilege may be lost if proper care is not taken of privileged advice. Refer to the University's Legal Professional Privilege Guideline.

I suspect that one of my colleagues is doing something at work that does not seem right. What do I do? 

You should report to your supervisor or other senior person in your area. You should also review the University's Reporting Wrongdoing: Public Interest Disclosures Policy and Procedure [PDF, 186K] to determine if it would be appropriate for you to report the conduct in accordance with that Policy and Procedure. If that Policy does not seem appropriate, refer to the University's Grievance Management Policy. If you are still not sure what you should do, seek guidance from your supervisor or for the person in HR who looks after your unit or faculty.

I wish to engage a contractor to provide services to the University/purchase goods. Are there standard documents I may use? 

Refer to the University's Procurement Handbook, which sets out procedures you must follow and standard documents available for procurement.

I have received a request from the police, which does not look like a subpoena and which seeks release of personal information relating to a staff member or a student. What do I do?

Refer to the Release of Student Information Policy and the related guidelines and contact Legal Services.

I would like to know who has authority to make a decision which affects the University or its controlled entities. Where should I look? 

Refer to the Instrument of Delegations. If in doubt, prepare a Legal Instruction Checklist and contact Legal Services.

I would like a copy of a contract the University or one of its controlled entities entered into with another party some time ago. Where could I get a copy? 

Contact staff in Macquarie Memory by emailing ask.memory@mq.edu.au.

Our Faculty/Office would like to register a business name/trade mark/design. Who should I contact? 

Please discuss with the University's marketing unit, call 9850 7309 or email marketing@mq.edu.au to ensure that the name, mark or design meets the University's branding strategy. If so, then Legal Services may assist with registration.

We have used external lawyers to prepare documents. The documents now need to be signed. Do we send them to the legal office for signing? 

The documents need to be signed by the person who has delegated authority under the Instrument of Delegations. However, if the document is called a 'deed', it must be sent to Legal Services for signing under the University's power of attorney. In that case, the person who would have authority to sign, if the document was not a deed, should sign a memo addressed to Legal Services requesting that the document be signed under power of attorney, and confirming that they approve the document for signing.

I am using a standard University template and I am not making any changes to it other than inserting blanks where required. The document is ready for signing. Do I send it to Legal Services for signing? 

No. The document may be signed by the person with delegated authority in your office of faculty (refer to the Instrument of Delegations).

I am using a standard University template but want to make changes to it (or another party wants to make changes). May I make the changes?  

No. Refer the change to Legal Services before making changes.

A party to an agreement the University wishes to enter into is insisting that the University seal be affixed to the document. What do I do? 

The seal of the University may only be affixed to a document following a resolution of the Council. In most cases, you should be able to satisfy the other party that the affixing of the seal is not necessary. Draw their attention to section 50 (3) of the Interpretation Act 1987 and let them know you will arrange for either the Vice-Chancellor, or a person authorised by the Vice-Chancellor, to sign the document without a seal.

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