Monash University Law Handbook 1995

Copyright © Monash University 1995
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Law regulations

Resolutions

1. Approval of and credit for subjects

1.1 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Jurisprudence shall enrol for the subjects of that degree in the year order set out below.

Either

First year

* LAW1100 Legal process

* LAW2200 Torts

* LAW2100 Contract

* non-law I

Second year

* LAW3200 Constitutional law

* LAW3300 Criminal law and procedure

* Perspective/elective law (30 value units)

* non-law II

Third year

* either LAW3400 Property or LAW3100 Administrative law

* Perspective/elective law (30 value units)

* non-law III

or

First year

* LAW1100 Legal process

* LAW2200 Torts

* LAW2100 Contract

* non-law I

Second year

* LAW3200 Constitutional law

* LAW3300 Criminal law and procedure

* either LAW3400 Property or LAW3100 Administrative law

* non-law II

Third year

* Perspective/elective law (60 value units)

* non-law III

1.2 Except with the approval of the board or its delegate, a candidate for the degrees of Bachelor of Arts and Bachelor of Laws shall enrol:

1.2.1. in the first year of enrolment for non-law units valued at thirty-six points and LAW1100 (Legal process 100);

1.2.2 in the second year of enrolment for non-law units valued at at least twenty-eight points and LAW2100 (Contract 200) and LAW2200 (Torts 200); and

1.2.3 in the third year of enrolment for non-law units valued at twenty-four points, LAW3400 (Property 300) and either LAW3200 (Constitutional law 300) or LAW3300 (Criminal law and procedure 300).

1.3 Except with the approval of the board or its delegate, a candidate for the degrees of Bachelor of Science and Bachelor of Laws shall enrol -

1.3.1 in the first year of enrolment for science subjects totalling thirty-six points, and LAW1100 (Legal process 100);

1.3.2 in the second year of enrolment for science subjects totalling twenty-four points, LAW2100 (Contract 200) and LAW2200 (Torts 200); and

1.3.3 in the third year of enrolment for science subjects totalling twenty-four points, LAW3400 (Property 300) and either LAW3300 (Criminal law and procedure 300) or LAW3200 (Constitutional law 300).

1.4 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Economics and Bachelor of Laws shall enrol:

1.4.1 in the first year of enrolment for LAW1100 (Legal process 100) and such non-law subjects as are required by the Faculty of Business and Economics;

1.4.2 in the second year of enrolment for either LAW2100 (Contract 200) and LAW2200 (Torts 200) and such non-law subjects as are required by the Faculty of Business and Economics or LAW2100 (Contract 200) and such other non-law subjects as are required by the Faculty of Business and Economics; and

1.4.3 in the third year of enrolment for either one of LAW3400 (Property 300), LAW3300 (Criminal law and procedure 300) or LAW3200 (Constitutional law 300) and such other non-law subjects as are required by the Faculty of Business and Economics or LAW2200 (Torts 200) and one of LAW3400 (Property 300), LAW3300 (Criminal law and procedure 300) or LAW3200 (Constitutional law 300) and such other non-law subjects as are required by the Faculty of Business and Economics.

1.5 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Commerce and Bachelor of Laws shall enrol -

1.5.1 in the first year of enrolment either for non-law units valued at forty-eight points, or for non-law units valued at thirty-six points and LAW1100 (Legal process 100);

1.5.2 in the second year of enrolment either for non-law units valued at thirty-six points and LAW2100 (Contract 200), or for non-law units valued at twenty-four points and LAW1100 (Legal process 100) and LAW2100 (Contract 200);

1.5.3 in the third year of enrolment for non-law units valued at twenty-four points and LAW2200 (Torts 200) and LAW3400 (Property 300).

1.6 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Business (Management) and Bachelor of Laws shall enrol -

1.6.1 in the first year of enrolment for LAW1100 (Legal process 100) and such non-law subjects as are required by the Faculty of Business and Economics;

1.6.2 in the second year of enrolment for LAW2100 (Contract 200) and such non-law subjects as are required by the Faculty of Business and Economics;

1.6.3 in the third year of enrolment for LAW2200 (Torts 200) and LAW3400 (Property 300) and such non-law subjects as are required by the Faculty of Business and Economics.

1.7 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Business (Banking and Finance) and Bachelor of Laws shall enrol -

1.7.1 in the first year of enrolment for LAW1100 (Legal process 100) and such non-law subjects as are required by the Faculty of Business and Economics;

1.7.2 in the second year of enrolment for LAW2100 (Contract 200) and such non-law subjects as are required by the Faculty of Business and Economics;

1.7.3 in the third year of enrolment for LAW2200 (Torts 200) and LAW3400 (Property 300) and such non-law subjects as are required by the Faculty of Business and Economics.

1.8 Except with the approval of the board or its delegate, a candidate for the degrees of Bachelor of Medicine, Bachelor of Surgery and Bachelor of Laws, shall enrol:

1.8.1 in the first year of enrolment for LAW 1100 (Legal process 100) and such non-law subjects as are required by the Faculty of Medicine;

1.8.2 in the second year of enrolment for LAW2100 (Contract 200) and such non-law subjects as are required by the Faculty of Medicine;

1.8.3 in the third year of enrolment for LAW 2200 (Torts 200) and such non-law subjects as are required by the Faculty of Medicine;

1.8.4 in the fourth year of enrolment for LAW 3200 (Constitutional law 300), LAW 3300 (Criminal law and procedure 300) and LAW 3400 (Property 300);

1.8.5 in the fifth year of enrolment for LAW 3100 (Administrative law 300) and such non-law subjects as are required by the Faculty of Medicine.

1.9 LAW5500 (Moot court) shall normally be taken in the fourth or fifth year of enrolment, and candidates enrolled for LAW5500 (Moot court) shall participate in such work as is determined by the moot master.

1.10 None of the following subjects shall be approved as a `non-law subject' for the purposes of the Faculty of Law regulations:

* AAF2110 Business law;

* AAF3110 Company law;

* AAF3150 Income tax law;

* ECO3730 Industrial arbitration.

2. Elective subjects

2.1 Until the faculty board otherwise resolves:

2.1.1 the elective subjects available in the faculty shall be the subjects listed in the following table;

2.1.2 each such subject shall be taught over the period set out in the table;

2.1.3 the value units to be attributed to each optional subject shall be as set out in the table.

2.2 The research subjects referred to in the table require individual research under supervision, not group research or unsupervised research. Each research subject will need individual approval and no research subject will be approved unless a suitably qualified member of staff is available with adequate time to supervise the research. The research involved will normally take place over a period of not less than three calendar months and not more than twelve calendar months. The value units attributed to the research subject shall be either fifteen or thirty according to the work involved.

2.3 The subjects approved for the purposes of subsection 24.2 of the Faculty of Law regulations are:

Foreign, comparative and international law

* LAW4153 Comparative European legal systems

* LAW4122 International law

* LAW4123 International organisations

* LAW4154 Modern European civil codes

* LAW5118 Pacific comparative law

Legal philosophy

* LAW4137 Legal philosophy A

* LAW4138 Legal philosophy B

* LAW4139 Legal philosophy C

2.4 The subjects approved for the purposes of subsection 24.3 of the Faculty of Law regulations are:

* LAW4101 Administration of criminal justice

* LAW4152 Commercial and consumer transactions

* LAW4112 Current problems in constitutional law

* LAW4113 Current problems in criminal law

* LAW4115 Environmental law

* LAW4127 Landlord and tenant

* LAW4132 Law of employment

* LAW4140 Liability for tortious communications

* LAW5121 Restitution

* LAW5125 The lawyer

Subject                  Subjec  Contac  Unit  
                         t       t       valu  
                         length  hours   e     
                         in      per           
                         half    week          
                         years                 
Administration of        1       3       15    
criminal justice 415                           
Advanced company law     1       3       15    
515                                            
Air law 415              1       3       15    
Australian banking law   1       3       15    
415                                            
Bankruptcy 515           1       3       15    
Business associations    1       3       15    
515                                            
Civil liberties 415      1       3       15    
Civil procedure A 530    2       3       30    
Civil procedure B 515    1       3       15    
Commercial and           1       3       15    
consumer transactions                          
415                                            
Comparative European     1       3       15    
legal systems 415                              
Conflict of laws 415     1       3       15    
Company law 515          1       3       15    
Constitutional change    1       3       15    
515                                            
Constitutional law of    1       3       15    
Malaysia 415                                   
Consumer credit 415      1       3       15    
Copyright and designs    1       3       15    
515                                            
Corporate insolvency     1       3       15    
515                                            
Credit and security      1       3       15    
law 515                                        
Crime and gender 415     1       3       15    
Criminology 515          1       3       15    
Current problems in      1       3       15    
constitutional law 415                         
Current problems in      1       3       15    
criminal law 415                               
Drafting 515             1       3       15    
Elements of forensic     1       3       15    
medicine 515                                   
Environmental law 415    1       3       15    
Equity and trusts 430    2       3       30    
Evidence 530             2       3       30    
Family law 430           2       3       30    
Federal criminal law     1       3       15    
515                                            
Honours research         2       -       30    
subject 530                                    
Human rights 415         1       3       15    
Industrial arbitration   1       3       15    
415                                            
Insurance 415            1       3       15    
International            1       3       15    
environmental law 515                          
International law 415    1       3       15    
International            1       3       15    
organisations 415                              
International space      1       3       15    
law 415                                        
Labour organisations     1       3       15    
415                                            
Land contracts 515       1       3       15    
Landlord and tenant 415  1       3       15    
Law and discrimination   1       3       15    
415                                            
Law and social theory    1       3       15    
415                                            
Law and society in       1       3       15    
Malaysia 415                                   
Law of employment 415    1       3       15    
Law, gender and          1       3       15    
feminism 415                                   
Legal issues in          1       3       15    
medicine 515                                   
Legal persons 530        2       3       30    
Legal philosophy A 415   1       3       15    
Legal philosophy B 415   1       3       15    
Legal philosophy C 415   1       3       15    
Liability for tortious   1       3       15    
communications 415                             
Maritime law 515         1       3       15    
Modern European civil    1       3       15    
codes 415                                      
National security law    1       3       15    
515                                            
Pacific comparative      1       3       15    
law 515                                        
Patents for inventions   1       3       15    
515                                            
Planning law 415         1       3       15    
Professional practice    1       6       30    
530                                            
Professional practice    1       6       15    
(summer) 515                                   
Research subject 415     1       -       15    
Research subject 430     2       -       30    
Restitution 515          1       3       15    
Restrictive trade        1       3       15    
practices 515                                  
Taxation 530             2       3       30    
The lawyer 515           1       3       15    
Trade marks and          1       3       15    
commercial                                     
designations 515                               
Trial practice and       1       3       15    
advocacy 515                                   
Wills, probate and       1       3       15    
administration 515                             

3. Prerequisites

Except with the approval of the subdean in consultation with the chief examiner, no candidate for any of the following subjects may enrol in such subjects unless, prior to such enrolment, he or she has completed LAW1100 (Legal process 100), the subject or subjects listed in column A hereunder, and has either, prior to such enrolment, completed, or is concurrently enrolled in, the subjects listed in column B.

Subject           Column A       Column B      
Administration    Criminal law                 
of criminal       and procedure                
justice                                        
Advanced          Company law                  
company law                                    
Civil liberties   Constitutiona                
                  l law *                      
                  Administrativ                
                  e law                        
Commercial and    Contract                     
consumer                                       
transactions                                   
Company law       Property       Equity and    
                                 trusts        
Comparative       Torts *                      
European legal    Contract                     
systems                                        
Constitutional    Constitutiona                
change            l law                        
Copyright and     Property                     
design                                         
Corporate                        Company law   
insolvency                                     
Crime and gender  Criminal law                 
                  and procedure                
Criminology       Criminal law                 
                  and procedure                
Current           Constitutiona                
problems in       l law                        
constitutional                                 
law                                            
Current           Criminal law                 
problems in       and procedure                
criminal law                                   
Environmental     Torts          Administrati  
law                              ve law        
Equity and        Property                     
trusts                                         
Industrial        Constitutiona                
arbitration       l law *                      
                  Administrativ                
                  e law                        
International                    Internationa  
environmental                    l law         
law                                            
International     International                
organisations     law                          
Land contracts    Contract *                   
                  Property                     
Law and                          Constitution  
discrimination                   al law *      
                                 Administrati  
                                 ve law        
Law of            Torts *                      
employment        Contract                     
Law, gender and   Legal process                
feminism                                       
Legal persons     Property       Equity and    
                                 trusts        
Legal             Torts                        
philosophy A                                   
Legal             Contract                     
philosophy B                                   
Legal             Torts *                      
philosophy C      Contract                     
Liability for     Torts                        
tortious                                       
communications                                 
Modern European   Torts *                      
civil codes       Contract                     
Pacific           Contract *     Constitution  
comparative law   Torts          al law *      
                                 Property      
Patents for       Property                     
inventions                                     
Planning law      Administrativ                
                  e law                        
Restitution       Torts *        Property      
                  Contract                     
Restrictive       Contract *                   
trade practices   Torts                        
Taxation          Property                     
The lawyer        Torts *                      
                  Contract                     
Trial practice    Civil                        
and advocacy      procedure *                  
                  Evidence                     
Wills, probate    Property                     
and                                            
administration                                 

4. Duplication of subjects

4.1 A candidate who prior to 1 March 1981 has completed a subject listed in column A hereunder obtains no credit towards his or her degree by subsequently completing the corresponding subject or subjects in column B.

Column A             Column B                
Administration of    Wills, probate and      
estates              administration          
Succession           Wills, probate and      
                     administration          
Banking and          Banking and finance A   
negotiable           * Banking and finance   
instruments          B                       
Children and         Child welfare and       
parental rights      juvenile law            
Conflict of laws     Commercial conflict     
                     of laws * Family        
                     conflict of laws *      
                     Federal conflict of     
                     laws                    
Debtor/creditor      Consumer credit         
relations                                    
Federal              Current problems in     
constitutional law   constitutional law      
Industrial law       Industrial              
                     arbitration * Labour    
                     organisations           
International        International law       
legal system                                 
Inventions and       Patents, trade marks    
discoveries          and unfair competition  
Legal persons        Company law             
Trade marks and      Patents, trade marks    
commercial           and unfair competition  
designations                                 
Law and the legal    Pacific comparative     
system in Papua      law                     
New Guinea                                   
Urban legal          Planning                
problems                                     
Patents,             Patents * Trademarks    
trademarks and       and commercial          
unfair competition   designations            

4.2 A candidate who has completed a subject listed in column A hereunder obtains no credit towards his or her degree by subsequently completing the subject or subjects in column B.
Column A            Column B                   
Basic income        Taxation * Personal        
taxation            income taxation            
Business            Legal persons              
associations                                   
Civil procedure A   Civil procedure B          
Civil procedure B   Civil procedure A          
Commercial          Conflict of laws           
conflict of laws                               
Company law         Legal persons              
Consumer            Commercial and consumer    
protection          transactions               
Insolvency          Bankruptcy                 
Family conflict     Conflict of laws           
of laws                                        
Federal conflict    Conflict of laws           
of laws                                        
Human rights B      Human rights               
Legal persons       Business associations *    
                    Company law                
Modern civil law A  Comparative European       
                    legal systems              
Modern civil law B  Modern European civil      
                    codes                      
Personal income     Taxation * Basic income    
taxation            taxation                   
Sale of goods       Commercial and consumer    
                    transactions               
Taxation            Basic income taxation *    
                    Personal income taxation   
                    * Taxation of interposed   
                    entities                   
Taxation of         Taxation * Taxation of     
interposed          business entities          
entities                                       

4.3 A candidate who, prior to 31 December 1983, has completed a subject listed in column A hereunder obtains no credit towards his or her degree by subsequently completing the corresponding subject or subjects in column B.
Column A                Column B              
Banking and finance A   Australian banking    
                        law                   
Banking and finance B   Commercial finance    
Competition and         Restrictive trade     
monopoly                practices             

4.4 A candidate who, prior to 31 December 1991, has completed a subject listed in column A hereunder obtains no credit towards his or her degree by subsequently completing the corresponding subject or subjects in column B.
Column A                Column B              
Comercial finance A     Credit and Security   
                        law                   

4.5 A candidate who, prior to 1 March 1991, has completed Property II obtains no credit towards his or her degree by subsequently completing LAW4201 (Equity and trusts 430).

5. Honours Committee

5.1.1 These resolutions shall apply to all candidates for the degree of Bachelor of Laws who qualify for that degree after 1 October 1991.

5.1.2 Subject to the requirement that an honours degree (class I) shall only be awarded to a candidate who has completed LAW5207 (Honours research subject 530) at the level of credit or above, the criteria for the award of honours shall be based on the average of the weighted percentage grades awarded to a candidate in each law subject taken as part of his or her degree, provided that the subject LAW5207 (Honours research subject 530) shall have a double weighting.

5.2.1 In the case of students who complete LAW5207 (Honours research subject 530), the minimum average of the weighted percentage grade required for the classification of the degree shall be:

* HI 75 per cent

* HIIA 70 per cent

* HIIB 65 per cent

* HIII 60 per cent

5.2.2 In the case of students who do not complete LAW5207 (Honours research subject 530), the minimum average of the weighted percentage grade required for the classification of the degree shall be so determined by the Honours Committee.

5.3 The above criteria shall be applied by the Honours Committee subject to a general discretion in that committee to depart from those criteria where it appears to the committee just and equitable so to do.

5.4 As soon as practicable after the completion of the annual examinations in each year the Honours Committee shall, subject to sub-resolutions 5.4.1 and 5.4.2, prepare a list or lists (hereinafter called the `class list') of all candidates qualified for the honours degree of Bachelor of Laws (formerly called the degree of Bachelor of Laws with honours) upon completion of such examinations which list or lists shall be arranged in order of merit and showing the class of honours recommended in respect of each candidate.

5.4.1 Where a candidate for the honours degree of Bachelor of Laws (formerly called the degree of Bachelor of Laws with honours) does not complete the requirements for that degree in the time which such a candidate should normally take having regard to the subjects which he or she is required to complete as part of that degree and the nature of the enrolment, he or she will not be included in the class list.

5.4.2 Where a candidate for the honours degree of Bachelor of Laws (formerly called the degree of Bachelor of Laws with honours) completes the requirements for that degree within the time within which such a candidate should normally take having regard to the subjects which he or she is required to complete as part of that degree and the nature of the enrolment, the Honours Committee may recommend that he or she be included in the class list for the year in which he or she qualifies for the degree irrespective of the date during that year at which he or she completes the requirements for the degree.

6. Moot court

Attendance at seminars in LAW5500 (Moot court), attendance to observe the proceedings of one moot and write a report are requirements for the subject LAW5500 (Moot court).

7. Graduate studies delegations

The following delegations were resolved by faculty board on 22 October 1990:

7.1 In respect of parts III, IV and VI of the revised graduate studies regulations, it was resolved:

7.1.1 that the board repeal all previous delegations.

7.2 In respect of parts III and VI it was resolved that the board delegate to the Graduate Studies Committee of the Faculty of Law all its powers, functions and duties except the following:

7.2.1 the approval of masters subjects under subsection 41.1

7.2.2 the approval of diploma subjects and fields of study under subsection 76.1

7.3 In respect of Part IV it was resolved that the board delegate to the Graduate Studies Committee the following power and functions:

7.3.1 the power to admit a person as a candidate for the degree of Doctor of Laws pursuant to section 56 of the Faculty of Law regulations;

7.3.2 the function of appointing examiners of a doctoral thesis under section 61 of the Faculty of Law regulations; and

7.3.3 the function of considering examiners' reports in respect of candidates for the degree of Doctor of Laws and to recommend to the board, that on the basis of the examiners' reports the candidate has satisfied the requirements for the degree.


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