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Postgraduate handbook 2004:
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Postgraduate handbook 2004
Law
Master of Laws
Normally, applicants for admission to the degree of Master of
Laws by coursework and minor thesis or coursework alone must have qualified for
the degree of Bachelor of Laws or equivalent legal qualification at a credit
standard. A student who is not so qualified, however, may be admitted to
candidature if he or she has qualifications and experience which together are
considered equivalent to a Bachelor of Laws qualification. Applications for
admission to candidature for the LLM degree by coursework and minor thesis and
by coursework alone are normally required to be lodged by 30 November for
admission in the first semester and by 30 June for admission in the second
semester. Late applications may be approved in special circumstances.
This course may be taken in one of three ways:
(a) Eight coursework units. This will enable students to develop and
demonstrate advanced skills in research, analysis and the written and oral
communication of complex ideas, knowledge of the law and the theoretical and
policy framework within which law operates. Students wishing to specialise in
one of the areas listed below must complete five units from the specialist
area.
(b) Four coursework units and a minor thesis of 30,000 words. Applicants who
enrol in one of the six specialisations must complete at least two units in
their chosen area and the minor thesis on an approved topic in the area.
(c) Six coursework units and a minor thesis of 15,000 words.
Applicants who enrol in one of the six specialisations must complete at least
four units in their chosen area and the minor thesis on an approved topic in
the area.
Students may enrol in the general LLM or one of the following
specialisations:
Banking and finance law - for those who wish to:
- keep abreast of local and international developments from a policy and a
practical perspective
- obtain a thorough grounding in fundamental principles of security and
financial services law.
Commercial law - for those
who:
- want to learn about new and developing areas of commercial law
- want to acquire or develop an expertise in an area of commercial law
- are working in the commercial law field and want to put their practical
knowledge into a sound theoretical and academic framework.
Digital economy law - for those who wish to:
- keep abreast of laws relating to electronic commerce and the internet
- develop further knowledge and skills in relation to electronic
commerce.
Intellectual property - for those who
wish to:
- upgrade knowledge and keep abreast of local and international developments
of laws relating to the protection of intellectual property rights
- obtain a thorough grounding in the fundamental principles of intellectual
property law
- gain accreditation as a trade mark attorney and credit for units recognised
by the Academy of the Institute of Patent Attorneys.
International and comparative law - for those who want to
pursue an international career in law and law related work. This area is
especially suited to:
- lawyers whose practice exposes them to commercial law, human rights and
international law
- non-lawyers working in NGOs, government and industry who are interested in
how the international legal framework impacts upon their work.
Tribunal procedures - for those members of administrative
tribunals who require certain core skills and knowledge to carry out their
role, whatever their professional background. This course allows them to:
- update and refresh existing knowledge
- add further competencies relevant to their tribunal membership
- achieve further legal qualifications.
Workplace and
employment law - for graduates in law who have an interest in the study of
all facets of workplace and employment law at an advanced level. The faculty
offers a wide range of units in the field covering workplace, employment,
discrimination and human rights law.
Candidates enrolled in a specialist masters are required to complete a
minimum number of units in that discipline. Further information concerning
specialisations is available from the faculty's website at
http://www.law.monash.edu.au/postgraduate/index.html or from the
graduate studies officers, telephone (03) 9641 6204 or 9641 6206 or email
graduate@law.monash.edu.au.
The faculty endeavours to offer a broad range of graduate units each year
selected from the list below. The following units have been approved for the
purpose of the coursework component in the postgraduate program.
Units are offered on a rotational basis. Students should check
the current timetable to determine which units are available each year. The
faculty reserves the right not to offer in a particular year any of the listed
units if it appears there are insufficient enrolments or if there are other
overriding considerations. Enrolment quotas may have to be imposed in respect
of all or some of the listed units.
- Administration of criminal justice (LAW7070)
- Administrative appeals (LAW7100)
- Administrative justice issues in tribunal adjudication (LAW7250)
- Advanced private international law (LAW7001)
- Advanced taxation trusts (LAW7002)
- Advanced trade marks and commercial designations (LAW7126)
- Australia and the international legal order (LAW7058)
- Australian legal system (LAW7212)
- Business finance: law and practice (LAW7003)
- Collateral obligations (LAW7222)
- Commercial alternative dispute resolution (LAW7071)
- Commercial equity (LAW7004)
- Commercial law of the United States (LAW7211)
- Commercial leases (LAW7009)
- Comparative Australian and United States taxation law (LAW7006)
- Comparative competition law (LAW7278)
- Comparative family law (LAW7007)
- Comparative labour relations law (LAW7008)
- Comparative tax reform (LAW7005)
- Competition law (LAW7056)
- Confiscation of the proceeds of crime (LAW7082)
- Consumer credit (LAW7109)
- Consumer protection, self-regulation and corporate compliance (LAW7258)
- Contemporary legal thought (LAW7010)
- Contemporary problems in the administration of criminal justice (LAW7208)
- Copyright (LAW7011)
- Corporate information and the internet (LAW7255)
- Corporate insolvency (LAW7031)
- Creditors and family law (LAW7016)
- Criminology (LAW7108)
- Current issues in administrative law (LAW7217)
- Current issues in air transport law (LAW7012)
- Current issues in banking and finance law (LAW7220)
- Current issues in civil procedure (LAW7013)
- Current issues in electronic commerce law (LAW7245)
- Current issues in evidence (LAW7040)
- Current issues in international environmental law (LAW7259)
- Current issues in international human rights law (LAW7026)
- Current problems in family law (LAW7060)
- Current problems in taxation (LAW7015)
- Decision-making for tribunal members (LAW7248)
- Defamation and freedom of speech (LAW7140)
- Designs law and practice (LAW7254)
- Drugs and the law (LAW7017)
- e-Crime (LAW7280)
- Economic analysis of current issues in commercial law (LAW7020)
- Economic torts (LAW7018)
- Electronic workplace law (LAW7279)
- Employee share ownership plans (LAW7205)
- Environmental land use planning (LAW7086)
- European union law (LAW7019)
- Fact-finding in administrative proceedings (LAW7249)
- Family law (LAW7225)
- Family property (LAW7021)
- Forensic family law (LAW7022)
- Goods and Services Tax: complex issues and planning (LAW7262)
- Government regulation of international trade (LAW7023)
- Graduate research paper (LAW7078)
- Human rights in the global economy (LAW7253)
- Human rights litigation (LAW7252)
- Indigenous rights and international law (LAW7260)
- Intellectual property and the internet (LAW7244)
- International air law (LAW7024)
- International aspects of intellectual property (LAW7077)
- International criminal justice (LAW7286)
- International dispute resolution (LAW7030)
- International environmental law (LAW7068)
- International financial transactions law (LAW7025)
- International human rights (LAW7026)
- International humanitarian law (LAW7218)
- International law of the sea I: marine resources and management (LAW7033)
- International law of the sea II: issues in maritime management (LAW7116)
- International organisations (LAW7072)
- International sale of goods (LAW7209)
- International space law (LAW7124)
- International taxation (LAW7027)
- International trade law (LAW7028)
- Issues in the taxation of capital gains (LAW7029)
- Judicial law-making and legal theory (LAW7093)
- Labour law for corporate lawyers (LAW7215)
- Law and the environment (LAW7069)
- Law, the environment and the policy process (LAW7035)
- Law, gender and feminism (LAW7073)
- Law of employee relations (LAW7083)
- Law of the internet (LAW7213)
- Legal issues in bioethics (LAW7074)
- Legal issues in medicine (LAW7133)
- Legal research and problem solving (LAW7079)
- Legislative and judicial refinement of the income tax base (LAW7061)
- Lender liability and the banker customer relationship (LAW7220)
- Local government law (LAW7087)
- Migration law (LAW7066)
- Modern criminal justice (LAW7088)
- Native title and land rights (LAW7206)
- Negotiation mediation and management skills (LAW7251)
- Occupational health and safety (LAW7037)
- Overview of corporations law and financial regulation (LAW7263)
- Overview of intellectual property (LAW7223)
- Pacific comparative law (LAW7118)
- Patents, trade secrets and allied rights (LAW7119)
- Payment system and electronic banking law (LAW7092)
- Planning law (LAW7059)
- Principles of contract law (LAW7265)
- Principles of corporate insolvency law (LAW7210)
- Principles of criminal law and proceeding (LAW7264)
- Principles of drafting in family law (LAW7038)
- Principles of privacy and freedom of information (LAW7076)
- Privacy and information security law in cyberspace (LAW7246)
- Psychiatry, psychology and law (LAW7207)
- Public sector employment law (LAW7041)
- Rights arising out of de facto cohabitation (LAW7062)
- Secured finance and related transactions (LAW7014)
- Securities regulation (LAW7042)
- Secured finance and intangibles (LAW7219)
- Selected issues in public international law (LAW7247)
- Sentencing (LAW7043)
- Shareholders' remedies (LAW7243)
- Stamp duties - state taxes (LAW7044)
- Superannuation and managed investments (LAW7256)
- Superannuation law and practice (LAW7122)
- Takeovers (LAW7045)
- Tax avoidance (LAW7046)
- Taxation commissioner's discretionary powers (LAW7048
- Taxation in the European Community (LAW7049)
- Taxation of capital gains (LAW7051)
- Taxation of corporations and shareholders (LAW7052)
- Taxation of trusts and partnerships (LAW7053)
- Technology contracts and licensing law (LAW7221)
- The civil liberties of lawyers (LAW7216)
- Theories of justice (LAW7055)
- Tort liabilities of public authorities (LAW7226)
- Trade mark practice (LAW7224)
- Trade marks and commercial designations (LAW7075)
- Utility regulation: law and policy (LAW7214)
Candidates proceeding to the LLM degree by coursework and minor
thesis must complete a thesis of either 15,000 or 30,000 words at a standard
comparable to legal writings found in a learned law journal.
Candidates are required to submit a completed thesis proposal form to the
postgraduate studies office. The prescribed proposal form is available from the
postgraduate studies office upon request or from the faculty's web site at
http://www.law.monash.edu.au/postgraduate/application.html.
Candidates are encouraged to discuss proposals with members of academic staff.
If required, the chair, Postgraduate Studies Committee, will assist in
recommending an appropriate member of staff.
On receipt of the completed thesis proposal form, the administrative officer
will submit it to the Postgraduate Studies Committee for approval of the topic
and the appointment of a supervisor. In approving the research topic, the
Postgraduate Studies Committee has regard to the adequacy of the candidate's
preparation for the research project and the facilities available in the
faculty for the supervision and carrying out of the research.
The requirements which must be met with respect to the certification of theses
prior to their submission for examination are set out in sections 47 and 48 of
the faculty's regulations.
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