Monash University: University Handbooks: Undergraduate Handbook 2001: Subjects indexed by faculty
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Resolutions


1 Approval of and credit for subjects

The normal sequence in which subjects are undertaken in each of the courses offered by the Faculty of Law is set out below.

LLB (3 year)

1.1 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Laws under section 26.2.1 of the Faculty of Law regulations, shall enrol:
1.1.1 in the first year of enrolment for Legal process, Contract, Torts and Criminal law and procedure;
1.1.2 in the second year of enrolment for Property, Constitutional law and thirty-six points elective law subjects;
1.1.3 in the third year of enrolment for Administrative law and forty-eight points elective law subjects.

LLB (4 year)

1.2 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Laws under section 26.3 of the Faculty of Law regulations, shall enrol:
1.2.1 in the first year of enrolment for Legal process, Criminal law and procedure, Contract and Torts;
1.2.2 in the second year of enrolment for Property, Constitutional law and thirty points elective law subjects;
1.2.3 in the third year of enrolment in Administrative law and forty-two points elective law subjects.
1.2.4 in the fourth year of enrolment in forty-eight points elective law subjects.

BA/LLB

1.3 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:
1.3.1 in the first year of enrolment for non-law subjects totalling twenty-four points, Legal process and Criminal law and procedure;
1.3.2 in the second year of enrolment for non-law subjects totalling thirty-six points and Torts;
1.3.3 in the third year of enrolment for non-law subjects totalling twenty-four points, Contract and Property;
1.3.4 in the fourth year of enrolment for Constitutional law and forty-two points elective law subjects; and
1.3.5 in the fifth year of enrolment for Administrative law and forty-two points elective law subjects.

BBus(Bkg&Fin)/LLB

1.4 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:
1.4.1 in the first year of enrolment for non-law subjects totalling twenty-four points, Legal process and Criminal law and procedure;
1.4.2 in the second year of enrolment for non-law subjects totalling forty-two points and Contract;
1.4.3 in the third year of enrolment for non-law subjects totalling thirty-six points and Property;
1.4.4 in the fourth year of enrolment for Torts, Constitutional law and thirty-six points elective law subjects; and
1.4.5 in the fifth year of enrolment for Administrative law and forty-eight points elective law subjects.

BBus(Mgt)/LLB

1.5 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:
1.5.1 in the first year of enrolment for non-law subjects totalling thirty-six points and Legal process;
1.5.2 in the second year of enrolment for non-law subjects totalling thirty-six points and Criminal law and procedure;
1.5.3 in the third year of enrolment for non-law subjects totalling twenty-four points, Contract and Property;
1.5.4 in the fourth year of enrolment for Torts, Constitutional law, Corporations law and thirty points elective law subjects; and
1.5.5 in the fifth year of enrolment for Administrative law and forty-eight points elective law subjects.

BBusSys/LLB

1.6 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Business Systems and Bachelor of Laws shall enrol:
1.6.1 in the first year of enrolment for non-law subjects totalling twenty-four points, Legal process and Criminal law and procedure;
1.6.2 in the second year of enrolment for non-law subjects totalling thirty-six points and Contract;
1.6.3 in the third year of enrolment for non-law subjects totalling thirty-six points and Property;
1.6.4 in the fourth year of enrolment for Torts, Constitutional law and thirty-six points elective law subjects; and
1.6.5 in the fifth year of enrolment for Administrative law and forty-eight points elective law subjects.

BCom/LLB

1.7 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:
1.7.1 in the first year of enrolment for non-law subjects totalling twenty-four points, Legal process and Criminal law and procedure;
1.7.2 in the second year of enrolment for non-law subjects totalling thirty-six points and Contract;
1.7.3 in the third year of enrolment for non-law subjects totalling thirty-six points and Property;
1.7.4 in the fourth year of enrolment for Torts, Constitutional law, Corporations law and thirty points elective law subjects; and
1.7.5 in the fifth year of enrolment for Administrative law and forty-eight points elective law subjects.

BCompSc/LLB

1.8 Except with the approval of the Board or its delegate, a candidate for the degree of Bachelor of Computer Science and Bachelor of Laws shall enrol
1.8.1 in the first year of enrolment for non-law subjects totalling 24 points, Legal process and Criminal law and procedure;
1.8.2 in the second year of enrolment for non-law subjects totalling forty-two points and Contract;
1.8.3 in the third year of enrolment for non-law subjects totalling forty-two points and Property;
1.8.4 in the fourth year of enrolment for Torts, Constitutional law and thirty-six points elective law subjects;
1.8.5 in the fifth year of enrolment for Administrative law and forty-eight points elective law subjects.

BE/LLB

1.9 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Engineering (Chemical) and Bachelor of Laws, Bachelor of Engineering (Civil) and Bachelor of Laws, Bachelor of Engineering (Electrical) and Bachelor of Laws, Bachelor of Engineering (Industrial Engineering and Engineering Management) and Bachelor of Laws, Bachelor of Engineering (Materials) and Bachelor of Laws or Bachelor of Engineering (Mechanical) and Bachelor of Laws shall enrol:
1.9.1 in the first year of enrolment for such non-law subjects as are required by the Faculty of Engineering;
1.9.2 in the second year of enrolment for such non-law subjects as are required by the Faculty of Engineering and Legal process;
1.9.3 in the third year of enrolment for such non-law subjects as are required by the Faculty of Engineering and Criminal law and procedure;
1.9.4 in the fourth year of enrolment for such non-law subjects as are required by the Faculty of Engineering, Contract and Property;
1.9.5 in the fifth year of enrolment for Torts, Constitutional law and thirty-six points elective law subjects; and
1.9.6 in the sixth year of enrolment for Administrative law and forty-eight points elective law subjects.

BEc/LLB

1.10 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:
1.10.1 in the first year of enrolment for non-law subjects totalling twenty-four points, Legal process and Criminal law and procedure;
1.10.2 in the second year of enrolment for non-law subjects totalling thirty-six points and Contract;
1.10.3 in the third year of enrolment for non-law subjects totalling thirty-six points, and Property;
1.10.4 in the fourth year of enrolment for Torts, Constitutional law and thirty-six points elective law subjects; and
1.10.5 in the fifth year of enrolment for Administrative law and forty-eight points elective law subjects.

BEd/LLB

1.11 Except with the approval of the Board or its delegate, a candidate for the degree of Bachelor of Education and Bachelor of Laws shall enrol:
1.11.1 in the first year of enrolment for non-law subjects totalling twenty-four points and Legal Process and Criminal law and procedure;
1.11.2 in the second year of enrolment for non-law subjects totalling twenty-four points, Contract and Property;
1.11.3 in the third year of enrolment for non-law subjects totalling twelve points, Torts, Constitutional law and thirty points elective law subjects;
1.11.4 in the fourth year of enrolment for non-law subjects totalling twelve points, Administrative law and forty-two points elective law subjects.
1.11.5 in the fifth year of enrolment for non-law subjects totalling forty-eight points.

BMus/LLB

1.12 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Music and Bachelor of Laws shall enrol:
1.12.1 in the first year of enrolment for non-law subjects totalling thirty-six points and Legal process;
1.12.2 in the second year of enrolment for non-law subjects totalling thirty-six points and Criminal law and procedure;
1.12.3 in the third year of enrolment for non-law subjects totalling thirty points, Contract and Property;
1.12.4 in the fourth year of enrolment for Torts, Constitutional law and thirty-six points elective law subjects; and
1.12.5 in the fifth year of enrolment for Administrative law and forty-eight points elective law subjects.

BPA/LLB

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

1.13.1 Alternative 1

1.13.1.1 in the first year of enrolment for non-law subjects totalling twenty-four points, Legal process and Criminal law and procedure;
1.13.1.2 in the second year of enrolment for non-law subjects totalling forty-four points and Contract;
1.13.1.3 in the third year of enrolment for non-law subjects totalling thirty-two points and Property;
1.13.1.4 in the fourth year of enrolment for Torts, Constitutional law and thirty-six points elective law subjects; and
1.13.1.5 in the fifth year of enrolment for Administrative law and forty-eight points elective law subjects.

1.13.2 Alternative 2

1.13.2.1 in the first year of enrolment for non-law subjects totalling twenty-four points, Legal process and Criminal law and procedure;
1.13.2.2 in the second year of enrolment for non-law subjects totalling thirty-six points and Contract
1.13.2.3 in the third year of enrolment for non-law subjects totalling forty points and Property
1.13.2.4 in the fourth year of enrolment for Torts, Constitutional law and thirty-six points of elective law subjects; and
1.13.2.5 in the fifth year of enrolment for Administrative law and forty-eight points elective law subjects.

BSc/LLB

1.14 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:

1.14.1 Alternative 1

1.14.1.1 in the first year of enrolment for non-law subjects totalling twenty-four points, Legal process and Criminal law and procedure;
1.14.1.2 in the second year of enrolment for non-law subjects totalling thirty-six points and Torts;
1.14.1.3 in the third year of enrolment for non-law subjects totalling twenty-four points, Contract and Property;
1.14.1.4 in the fourth year of enrolment for Constitutional law and forty-two points elective law subjects; and
1.14.1.5 in the fifth year of enrolment for Administrative law and forty-two elective law subjects.

1.14.2 Alternative 2

1.14.2.1 in the first year of enrolment for non-law subjects totalling forty-eight points;
1.14.2.2 in the second year of enrolment for non-law subjects totalling twenty-four points, Legal process and Criminal law and procedure;
1.14.2.3 in the third year of enrolment for non-law subjects totalling twenty-four points, Contract and Property;
1.14.2.4 in the fourth year of enrolment for Torts, Constitutional law and thirty-six points elective law subjects; and
1.14.2.5 in the fifth year of enrolment for Administrative law and forty-eight points elective law subjects.

MBBS/LLB

1.15 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:
1.15.1 in the first year of enrolment for Legal process and such non-law subjects as are required by the Faculty of Medicine;
1.15.2 in the second year of enrolment for Criminal law and procedure and such non-law subjects as are required by the Faculty of Medicine;
1.15.3 in the third year of enrolment for Torts, six points elective law subject and such non-law subjects as are required by the Faculty of Medicine;
1.15.4 in the fourth year of enrolment for Contract, Constitutional law, Property and thirty points elective law subjects;
1.15.5 in the fifth year of enrolment for Administrative law, six point elective law subject and such non-law subjects as are required by the Faculty of Medicine;
1.15.6 in the sixth year of enrolment for twelve points elective law subjects and such non-law subjects as are required by the Faculty of Medicine; and
1.15.7 in the seventh year of enrolment for eighteen points elective law subjects and such non-law subjects as are required by the Faculty of Medicine.

LLB/DipPsych

1.16 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Laws and Diploma of Psychology shall enrol:
1.16.1 in the first year of enrolment for non-law subjects totalling twelve points, Legal process, Contract and Criminal law and procedure;
1.16.2 in the second year of enrolment for non-law subjects totalling twenty-four points, Torts, Property and Constitutional law;
1.16.3 in the third year of enrolment for non-law subjects totalling twelve points and forty-eight points elective law subjects;
1.16.4 in the fourth year of enrolment for non-law subjects totalling twelve points, Administrative law and thirty-six points elective law subjects.

2 Compulsory subjects

2.1 Until the faculty board otherwise resolves:
2.1.1 the compulsory subjects specified under sections 26.2.1 and 27.2.1 of the faculty of law regulations, shall be attributed the credit point values as listed in table 1:

Table 1

Subject

Subject length in semesters

Points

Legal process 112

2

12

Contract 212

2

12

Torts 212

2

12

Criminal law and procedure 312

2

12

Property 312

2

12

Administrative law 306

1

6

Administrative law 312

2

12

Constitutional law 306

1

6

Constitutional law 312

2

12

3 Elective subjects

3.1 Until the faculty board otherwise resolves:
3.1.1 the elective subjects available in the faculty shall be the subjects listed in table 2;
3.1.2 each such subject shall be taught over the period set out in the table;
3.1.3 the points to be attributed to each optional subject shall be as set out in the table.
3.2 The research subject and units referred to in the table require individual research under supervision, not group research or unsupervised research. Each research subject or unit will need individual approval and no research subject or unit 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 points attributed to the research subject or unit shall be either six or twelve according to the work involved.

Table 2

Subject

Subject length in semesters

Contact hours per week

Point s

Administration of criminal justice 406

1

3

6

Advanced evidence 506

1

3

6

Advanced professional practice 506

1

3

6

Advanced taxation law 506

1

3

6

Air law 406

1

3

6

Australian banking law 406

1

3

6

Citizenship and migration law 406

1

3

6

Civil procedure 506

1

3

6

Commercial and consumer transactions 406

1

3

6

Comparative constitutions and rights 406

1

3

6

Comparative European legal systems 406

1

3

6

Conflict of laws 406

1

3

6

Constitutional law of Malaysia 406

1

3

6

Consumer credit 406

1

3

6

Corporations law 406

1

3

6

Credit and security law 506

1

3

6

Crime and gender 406

1

3

6

Criminology 506

1

3

6

Current problems in constitutional law 406

1

3

6

Current problems in criminal law 406

1

3

6

Drafting 506

1

3

6

Elements of forensic medicine 506

1

3

6

Environmental law 406

1

3

6

Equity 406

1

3

6

Evidence 506

1

3

6

Family property and financial disputes 406

1

3

6

Federal criminal law 506

1

3

6

Human rights in Australian law 406

1

3

6

Indigenous peoples and the law 406

1

3

6

Industrial arbitration 406

1

3

6

Insolvency 506

1

3

6

Insurance law 406

1

3

6

Intellectual property I 506

1

3

6

Intellectual property II 506

1

3

6

International business transactions 406

1

3

6

International environmental law 506

1

3

6

International human rights 406

1

3

6

International law 406

1

3

6

International organisations 406

1

3

6

International refugee law and practice 406

1

3

6

International space law 406

1

3

6

Introduction to European union law 406

1

3

6

Labour organisations 406

1

3

6

Land contracts 506

1

3

6

Law and discrimination 406

1

3

6

Law and social theory 406

1

3

6

Law of employment 406

1

3

6

Law, gender and feminism 406

1

3

6

Lawyers, ethics and society 506

1

3

6

Legal issues in medicine 506

1

3

6

Legal philosophy 406

1

3

6

Liability for tortious communications 406

1

3

6

Maritime law 506

1

3

6

Media law 506

1

3

6

Modern European civil codes 406

1

3

6

Negotiation and mediation law 406

1

3

6

Pacific comparative law 506

1

3

6

Parents, children and the state 406

1

3

6

Professional practice 512

1

6

12

Professional practice (summer) 506

1

6

6

Regulation of financial products and markets 406

1

3

6

Research unit A 406

1

--

6

Research unit B 406

1

--

6

Research unit 412

2

--

12

Research subject 512

2

--

12

Restitution 506

1

3

6

Restrictive trade practices 506

1

3

6

Shareholders rights and remedies 506

1

3

6

Superannuation law 506

1

3

6

Taxation law 506

1

3

6

The justice system theory and practice 406

1

3

6

The law of public listed companies 506

1

3

6

Trial practice and advocacy 506

1

3

6

Trusts 406

1

3

6

VIS arbitration moot 506

1

3

6

Wills, probate and administration 506

1

3

6

4 Prerequisites

Except with the approval of the registrar 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 Legal process , the subject or subjects listed in column A of table 3, and has either, prior to such enrolment, completed, or is concurrently enrolled in, the subject or subjects listed in column B.

Table 3

Subject

Column A

Column B

Administration of criminal justice

--

Criminal law and procedure

Advanced evidence

Evidence 506 or Evidence 512

--

Advanced professional practice

Professional practice or
Professional practice (Summer)


Advanced taxation law

Taxation law

--

Air law

Contract

Torts

Australian banking law

Contract

--

Citizenship and migration law

--

Administrative law 306 or
Administrative law 312
OR
Constitutional law 306 or
Constitutional law 312

Civil liberties

--

--

Civil procedure

--

Torts Contract

Commercial and consumer transactions

Contract

--

Comparative constitutions and rights

Constitutional law 306 or Constitutional law 312

--

Comparative European legal systems

--

Torts Contract

Conflict of laws

Contract Property

Civil procedure Torts

Constitutional law of Malaysia

--

--

Consumer credit

Contract Property

--

Corporations law

--

Equity or
Equity and trusts

Credit and security law

Contract Property

--

Crime and gender

Criminal law and procedure

--

Criminology

--

Criminal law and procedure

Current problems in constitutional law

Constitutional law

--

Current problems in criminal law

Criminal law and procedure

--

Drafting

--

--

Elements of forensic medicine

Criminal law and procedure

--

Environmental law

--

--

Equity

Property Contract

--

Evidence

--

--

Family, property and financial disputes

--

Property

Federal criminal law

Criminal law and procedure

--

Human rights in Australian law

--

--

Indigenous peoples and the law

--

Property Criminal law and procedure

Industrial arbitration

--

Constitutional law

Insolvency

Contract Property

--

Insurance law

Contract

Torts

Intellectual property I

Property

-

Intellectual property II

Property

-

International business transactions

Contract Property

-

International environmental law

--

International law

International human rights

--

--

International law

--

--

International organisations

--

--

International refugee law and practice

--

Administrative law 306 or
Administrative law 312

International space law

--

--

Introduction to European union law

--

Constitutional law

Labour organisations

--

--

Land contracts

--

Contract

Law and discrimination

--

--

Law and social theory

--

--

Law, gender and feminism

--

--

Law of employment

Contract

--

Lawyers, ethics and society

Contract Torts

--

Legal issues in medicine

--

--

Legal philosophy

Torts

-

Liability for tortious communications

--

--

Maritime law

Contract

--

Media law

--

--

Modern European civil codes

--

Torts Contract

Negotiation and mediation law

_

_

Pacific comparative law

--

--

Parents, children and the state

--

--

Professional practice

Criminal law and procedure Contract Torts

--

Professional practice (summer)

Criminal law and procedure Contract Torts

-

Regulation of financial products and markets

Corporations law or
Corporations and business associations law


Research unit A 406

--

--

Research unit B 406

--

--

Research unit 412

--

--

Restitution

Contract

Torts Property

Restrictive trade practices

--

--

Shareholders rights and remedies

--

Corporations law or
Corporations and business associations law

Superannuation law

Equity Trusts or
Equity and Trusts

--

Taxation law

--

--

The Justice System, Theory and Practice

Criminal law and procedure Legal process

Evidence 512 or
Evidence 506 Civil Procedure

The law of public listed companies

--

Corporations law or
Corporations and business associations law

Trial practice and advocacy

Criminal law and procedure

Evidence512 or
Evidence 506

Trusts

Contract Property Equity

--

VIS arbitration moot

Contract

--

Wills, probate and administration

Property

--

5 Duplication of subjects

A candidate who has completed a subject listed in column A of table 4 obtains no credit towards his or her degree by subsequently completing the subject or subjects in column B.

Table 4

Column A

Column B

Advanced company law

The law of public listed companies

Company law

Corporations and business associations law

Copyright and designs

Intellectual property I

Corporate insolvency

Insolvency

Corporations and business associations law

Corporations law

Equity and Trusts

Equity Trusts

Evidence 512

Evidence 506

Family law

Family property and financial disputes Parents, children and the state

Human rights

International human rights 406

Legal process

Australian legal system

Patents for inventions

Intellectual property II

Professional practice (summer)

Professional practice

Professional practice

Professional practice (summer)

Property II

Equity and trusts

Research subject 406

Research unit A

Sale of goods

Commercial and consumer transactions

The lawyer

Lawyers, ethics and society

Trademarks and commercial designations

Intellectual property II

5 Honours classification and order of merit

5.1 The award of honours shall be based on the average of the weighted percentage grades awarded to a candidate in each law subject taken in the Monash Faculty of Law as part of his or her degree.
5.2 The Honours Committee will apply a bonus of 20 per cent to the mark obtained in LAW5207 (Research subject 512). This bonus will apply solely for the purpose of calculating the award of honours and classification of honours.
5.3 In December of each year, or as soon as practicable thereafter, the Honours Committee shall prepare a list of all candidates who have in that calendar year completed all the requirements for the degree of Bachelor of Laws and are eligible for the award of honours. This list shall be arranged in order of merit and show the class of honours recommended in respect of each candidate.
5.3.1 Candidates will only be considered for inclusion in the order of merit list for honours if a final mark in every subject required for completion of the requirements for the degree of Bachelor of Laws is available to the Honours Committee at the time the committee is determining the order of merit list.
5.3.2 Candidates who complete all the requirements for the degree of Bachelor of Laws as a result of supplementary or special (deferred) examinations in January or February will be eligible to apply to the Honours Committee to be included among the candidates awarded a Bachelor of Laws degree with honours in the immediately preceding calendar year. Such candidates are required to apply to the Honours Committee in writing for such inclusion, giving details of their results in the supplementary or special (deferred) examination(s). These candidates will not be included in the order of merit list of the preceding calendar year.
5.3.2.1 Candidates who do not make application to the Honours Committee in accordance with resolution 5.3.2 will, as a matter of course, be considered for the award of the degree of Bachelor of Laws with honours and inclusion in the order of merit list of the year in which they take the supplementary or special (deferred) examination(s) if their average weighted percentage grade warrants the award of the degree of Bachelor of Laws with honours.
5.3.3 Candidates will not be considered by the Honours Committee for the award of the degree of Bachelor of Laws with honours if they have already taken out the degree of Bachelor of Laws from Monash University.

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