The Justice Peter Hely Scholarship

1. Background

a. Established in 2008 by the University of Sydney Law School through contributions from the friends and colleagues of the Late Justice Peter Hely, to promote postgraduate study in the fields of commercial law and equity.

2. Eligibility

a. Applicants must be either Australian citizens or Australian permanent residents.

b. Applicants must have completed or are about to complete either an undergraduate or postgraduate law degree from the University of Sydney.

c. Applicants must have an unconditional offer of admission for full-time studies in a postgraduate coursework degree, or research degree within the Sydney Law School at the University of Sydney, or equivalent institution as approved by the Sydney Law School.

d. Applicants must be completing research or studies in the fields of commercial law and equity.

3. Selection Criteria

a. The Scholarship will be awarded on the basis of:

I. academic merit,
II. curriculum vitae, a personal statement which demonstrates their interest in commercial law and equity, and the applicant’s
1) leadership experience, communication skills, personal interests and community engagement,
2) commitment to applying the learning offered by their degree and how their postgraduate study will contribute to making a positive difference to community, professional and/or legal practice.
III. area of study and research proposal (where relevant).

b. The Scholarship will be awarded on the nomination of a selection committee consisting of the Head of School and Dean of the Sydney Law School, or their nominated delegate, and at least one other staff member from the School.

4. Value

a. The Scholarship is valued at $35,000 and is tenable for one year only.

b. The Scholarship value will be paid as follows:

I. For a coursework student enrolled at the University of Sydney, the Scholarship value will be paid in two equal instalments after the census date of each semester.

II. For a research student enrolled at the University of Sydney, the Scholarship value will be paid as a stipend payment for a period of one year only. No extension is possible.

c. For students not enrolled at the University of Sydney, the Scholarship value will be paid as a one-off payment upon submission to the University of Sydney Scholarships Office of a proof of enrolment in an approved institution and postgraduate program in commercial law and equity, as endorsed by the Sydney Law School.

d. The Scholarship is for commencement in the semester or research period in which it is offered and cannot be deferred without the prior permission of the Head of School and Dean of the Sydney Law School.

e. The Scholarship cannot be transferred for another purpose or area of study/research.

f. No other amount is payable.

g. The Scholarship will be offered subject to the availability of funding.

5. Eligibility for Progression

a. The recipient should maintain satisfactory academic performance during the scholarship tenure and is expected to successfully complete their degree.

6. Leave Arrangements - postgraduate research students enrolled at the University of Sydney only

a. The Scholarship recipient receives up to 20 working days recreation leave each year of the Scholarship and this may be accrued. However, the student will forfeit any unused leave remaining when the Scholarship is terminated or complete. Recreation leave does not attract a leave loading and the supervisor's agreement must be obtained before leave is taken.

b. The Scholarship recipient may take up to 10 working days sick leave each year of the Scholarship and this may be accrued over the tenure of the Scholarship. Students with family responsibilities, caring for sick children or relatives, or experiencing domestic violence, may convert up to five days of their annual sick leave entitlement to carer’s leave on presentation of medical certificate(s). Students taking sick leave must inform their supervisor as soon as practicable.

7. Research Overseas - postgraduate research students enrolled at the University of Sydney only

a. The Scholarship recipient may not normally conduct research overseas within the first six months of award.

b. The Scholarship holder may conduct up to 12 months of their research outside Australia. Approval must be sought from the student's supervisor, Head of School and the Faculty via application to the Higher Degree by Research Administration Centre (HDRAC), and will only be granted if the research is essential for completion of the degree. All periods of overseas research are cumulative and will be counted towards a student's candidature. Students must remain enrolled full-time at the University and receive approval to count time away.

8. Suspension - postgraduate research students enrolled at the University of Sydney only

a. The Scholarship recipient cannot suspend their award within their first six months of study, unless a legislative provision applies.

b. The Scholarship recipient may apply for up to 12 months suspension of the Scholarship for any reason during the tenure of the Scholarship. Periods of Scholarship suspension are cumulative and failure to resume study after suspension will result in the award being terminated. Approval must be sought from the student's supervisor, Head of School and the Faculty via application to the Higher Degree by Research Administration Centre (HDRAC). Periods of study towards the degree during suspension of the Scholarship will be deducted from the maximum tenure of the Scholarship.

9. Changes in Enrolment – postgraduate research students enrolled at the University of Sydney only

a. The Scholarship recipient must notify HDRAC and their supervisor promptly of any planned changes to their enrolment including but not limited to: attendance pattern, suspension, leave of absence, withdrawal, course transfer, and candidature upgrade or downgrade. If the award holder does not provide notice of the changes identified above, the University may require repayment of any overpaid stipend.

10. Termination – all recipients

a. The Scholarship will be terminated:

I. on resignation or withdrawal of the student from their relevant degree,
I. if the recipient commences study/research in area not related to commercial law or equity,
II. if the student ceases to be a full-time student and prior approval has not been obtained to hold the Scholarship on a part-time basis from the Head of School and Dean of the Sydney Law School,
III. does not maintain satisfactory academic performance,
IV. is determined by the University to be guilty of serious misconduct, including, but not limited to, having provided false or misleading information as part of their Scholarship application,
V. does not resume study at the end of a period of approved leave where relevant, or
VI. if the student ceases to meet the eligibility requirements specified for this Scholarship, (other than during a period in which the Scholarship has been suspended or during a period of approved leave),
VII. For University of Sydney research students, upon submission of the thesis or at the end of the award,
VIII. For University of Sydney research students, upon the recipient having completed the maximum candidature for their degree as per the University of Sydney (Higher Degree by Research) Rule 2011 Policy,
IX. For University of Sydney students, if the recipient receives an alternative University of Sydney administered scholarship. In such circumstances this Scholarship will be terminated in favour of the alternative scholarship.

b. The Scholarship may also be terminated by the University before this time if, in the opinion of the University:

I. the course of study is not being carried out with competence and diligence or in accordance with the terms of this offer,
II. the student fails to maintain satisfactory progress, or
III. the student has committed misconduct or other inappropriate conduct.

c. For University of Sydney research students, stipend payments will be suspended throughout the duration of any enquiry/appeal process.

d. Once the Scholarship has been terminated, it will not be reinstated unless due to University error.

11. Misconduct – all recipients

a. Where during the Scholarship a student engages in misconduct, or other inappropriate conduct (either during the Scholarship or in connection with the student’s application and eligibility for the Scholarship), which in the opinion of the University warrants recovery of funds paid to the student, the University may require the student to repay stipend amounts and any other payments made to the student in connection with the Scholarship. Examples of such conduct include and without limitation; academic dishonesty, research misconduct within the meaning of the Research Code of Conduct 2023 (for example, plagiarism in proposing, carrying out or reporting the results of research, or failure to declare or manage a serious conflict of interests), breach of the Student Charter 2020 and misrepresentation in the application materials or other documentation associated with the Scholarship.

b. The University may require such repayment at any time during or after the Scholarship period. In addition, by accepting this Scholarship, the student consents to all aspects of any investigation into misconduct in connection with this Scholarship being disclosed by the University to the funding body and/or any relevant professional body.