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Undergraduate Handbook 2014 - Faculty of Law

Law - Undergraduate studies

Introduction to the faculty - Faculty of Law

Monash Law currently offers 11 undergraduate programs including a single Bachelor of Laws (LLB), and nine double degrees combined with a range of disciplines. Each of these may be entered at first year, apart from the the Bachelor of Medicine and Bachelor of Surgery and Bachelor of Laws (MBBS/LLB), which is only available to students who have completed one year’s enrolment in the MBBS.  In addition, students completing a Bachelor of Arts in a combined BA/LLB may undertake a combined BA(Hons)/LLB.

The undergraduate program is offered at the University's Clayton campus. The Law School building houses the University's well-known Law Library which provides scholarly resources, study facilities and research skills development programs.

The clinical legal education program operates from the Monash-Oakleigh Legal Service next to the Clayton campus, and the Springvale Monash Legal Service in Springvale.  Other locations from which the faculty provides courses include Monash University Law Chambers in the city (for postgraduate coursework), the Malaysia campus and the Prato Centre in Italy.

The Law School has three research centres committed to advancing research in specialist areas of the law, including human rights, regulation, and justice system innovation. In addition, the Law School has formed a substantial commercial law group to concentrate upon a broad range of commercially relevant research and teaching areas conducted within the faculty. Each centre and the commercial law group include members of the profession and the community on their advisory boards They build on the existing strengths within the Law School that contribute to the development and enhancement of units in the undergraduate and postgraduate programs, as well as making a significant contribution to the research output of the Faculty.

Structure and organisation of the faculty

The Law School has approximately 75 academic staff and a total enrolment of more than 3500 undergraduate and postgraduate students across all year levels.

The Faculty of Law is not divided into departments. Staff and students are collectively involved in the decision-making processes of the faculty through a well-defined committee structure with membership of committees determined either by election or by nomination.

The chief officers of the faculty are the dean, the associate deans, program directors and the faculty general manager. The dean presides over meetings of the faculty executive and faculty board, and is responsible for governance, leadership and development of the Law School.

The faculty general manager is responsible for the overall administration of the faculty including marketing and communications, human resources, budgets, and matters relating to student administration, including admissions, enrolments, examinations, academic progress, course advice and timetabling.

The associate dean (education) is responsible for the governance and oversight of all postgraduate and undergraduate courses, including curriculum, teaching quality and the training and evaluation of academic staff.  Program directors are charged with day-to-day responsibility for academic management of the three main teaching programs: Bachelor of Laws (LLB), Juris Doctor (JD) and (Master of Laws) LLM.

The undergraduate student services manager, together with the faculty student services team, is available to attend to the needs of undergraduate students within the faculty.

 

Professional recognition of courses - Faculty of Law

The Bachelor of Laws courses at Monash University (including all double degrees with Law) are approved academic courses that satisfy the academic requirements for admission to practice as a barrister or solicitor in the state of Victoria. The courses are recognised for admission in other Australian States and some international jurisdictions including Singapore and Malaysia, and are accepted as qualifying a graduate to sit the Bar Examination in some US states. Students who plan to seek admission to practice in an interstate or overseas jurisdiction after graduation should seek advice from the admitting authorities in that jurisdiction.

Council of Legal Education (CoLE) requirements for admission to practice

The Council of Legal Education (CoLE) is responsible for the recognition of law qualifications in Victoria and the administration of the Legal Profession (Admission) Rules 2008. These rules state that to be admitted to practice as a barrister or solicitor in the state of Victoria, applicants must have completed a tertiary qualification(s) in Australia which includes:

(a.) the equivalent of at least three years of full-time study of law

(b.) units of study which demonstrate an understanding of and competence of 11 specified areas of legal knowledge.

In addition, candidates for admission to practice must have completed Practical Legal Training (PLT) through an approved PLT provider.

For admission to practice at the Singapore Bar

Students who wish to qualify for admission to practice law in Singapore must graduate in the top 70 per cent, in terms of academic performance, of their graduating cohort. Students are advised to communicate with the Singapore Bar for details and further requirements.

Legal Profession Qualifying Board Malaysia requirements for admission to practice

Students who wish to qualify for admission to practice law in Malaysia must meet the requirements of the Legal Profession Qualifying Board Malaysia. To meet the board's requirements that applicants have studied one year of Constitutional Law, students must complete LAW3200 (Constitutional law) (12 credit points) instead of LAW3201 (Constitutional law) (6 credit points).

 

Course planning and unit selection - Faculty of Law

Unit selection

Course requirements for the Bachelor of Laws degree course are outlined in the faculty's regulations and in the Bachelor of Laws - basic course structure section of this handbook.

Student services officers of the faculty are available to advise students on their choice of units at the time of enrolment. This advice, however, will be most helpful if students have already made themselves familiar with all the units and considered what their fields of interest are likely to be. Similarly, when re-enrolling in later years of the course, students should discuss their choice of units with the faculty course advisers. Details of unit structures, including the number of hours devoted to lectures and tutorials are included in the unit information section of this Handbook.

It is the responsibility of students to ascertain, from the regulations governing their courses, the units (including the number of points) required to complete their LLB degree - most units have a value of 6 credit points. The approval of students' enrolment by the faculty does not relieve the students of this responsibility.

Overloading

Opportunities to accelerate study by taking an ‘overload’ of units are normally limited to students who have:

  • completed at least one year of university study (48 credit points); and
  • achieved at least a credit average in the previous academic year.

Students should discuss this option with a faculty course adviser and obtain approval prior to re-enrolment.

 

Credit for prior studies - Faculty of Law

The Faculty of Law awards credit towards the Bachelor of Laws course for units passed in other tertiary studies within the previous ten years, provided that the units for which credit is sought are equivalent to Monash law units in terms of the curriculum, contact hours and standard of assessment . For credit to be granted for a specified Monash unit, the unit of previous study must be equivalent to at least 80 per cent of the curriculum and credit point value of the specified Monash unit. Credit for prior studies is not granted automatically, and must be applied for.

Students must complete the relevant credit application form and provide supporting documentation concerning previous studies for which credit is sought, together with an official academic transcript of results. The documentation should be provided at the time of application or at the very latest, by the end of the first week of the first semester of study. The minimum information required is the:

  • name of the institution and course
  • official academic transcript (original or certified copy)
  • unit name and code
  • syllabus
  • number of contact hours per week
  • credit weighting of the unit
  • assessment regime.

Generally credit will not be given unless the unit is taught or credited by an Australian law school or by a reputable overseas law school as part of a degree that qualifies students for admission to legal practice.

Where a student is granted credit for previous studies, the total time allowed to complete their LLB or related double degree will be reduced accordingly. Students must be aware of the adjusted time and ensure they complete their degree requirements within that time limit.

Maximum credit allowed

Students enrolled in a Bachelor of Laws course must complete at least 96 credit points of law units at Monash.

For double degrees, students are obliged to meet the requirements of both individual awards and need to complete a set number of credit points of Monash University units within the course per award. Students should refer to the relevant faculty and double degree course maps for details.

 

Time limit and intermission - Faculty of Law

For each undergraduate Bachelor of Laws degree (including all double degrees) there is a maximum time limit within which students must complete all of the requirements for the degree. The time limits are set out in the degree regulations and in the information below.

Students may apply for a period of intermission at any time. Usually, leave is granted for a maximum of one full year. Students can also apply for intermission for one semester. By granting intermission, the faculty reserves a place in the course in the following semester or year. However, the period of approved intermission will not extend the time allowed for completion of the course. More information including how to apply for intermission is available on the Intermission (study leave) webpage.

 

Part-time and external studies - Faculty of Law

Part-time studies

The faculty permits both full-time and part-time enrolment. Units to the value of 48 points per academic year constitute a standard annual full-time load. Upon approval, students may seek permission to overload during the course of the degree if they meet the requirements of completing minimum of 48 credit points and achieved a minimum credit average (60 per cent).

Part-time enrolment is allowed, provided the student is able to comply with the applicable time limit for degree completion as stated in the regulations for the relevant course. Students enrolled in part-time studies are expected to proceed at half the rate of full-time students and to complete their units for the degree in the same order as full-time students.

External studies

There are no arrangements for external or off-campus studies. All Monash University LLB programs are taught on-campus and students are expected to attend and participate in the classes for units in which they are enrolled.

The provision of taped lectures (available only at the discretion of the lecturer) and other teaching materials online is intended to supplement rather than to substitute for regular class attendance.

 

Bachelor of Laws - basic course structure - Faculty of Law

The Bachelor of Laws core curriculum consists of 12 compulsory units (72 credit points) which must be completed by all students enrolled in an LLB program plus a further six 'quasi-compulsory' units (36 credit points) which must be completed by students who wish to be qualified for admission to practice as a barrister or solicitor in Victoria. The remainder of the program consists of elective units chosen by the student.

The purpose of the core undergraduate curriculum (comprising the 12 compulsory units and the six quasi-compulsory units) is to:

(a.) enable students to acquire an understanding of:

  • the fundamental concepts and institutions of public law
  • the fundamental concepts of criminal law
  • legal rights and obligations (including proprietary, contractual, tortious and equitable obligations) and their interrelationship
  • the nature of legal personality, fundamental legal institutions and the relationship between different types of legal institutions
  • the trial process and litigation
  • the obligations of practitioners

(b.) introduce students to a variety of theoretical, social and other perspectives on the nature of law

(c.) enable students to acquire competence in the skills of legal research, analysis and oral and written communication, and introduce them to a range of other legal skills including interviewing, drafting, advocacy, negotiation and other forms of dispute resolution.

Compulsory units

All compulsory units are worth 6 points:

Quasi-compulsory units

The following units are not required in order for a student to graduate with a Bachelor of Laws, however they are required by the Council of Legal Education for admission to practice as a solicitor in Victoria. If students wish to be eligible for admission to practice as a solicitor in Victoria, they must complete these units:

The elective program

The remainder of the degree is made up of elective law units selected by the student. Students should be aware that many electives are offered on a rotational basis and they should check the timetable each year for the availability of elective units. The number of elective units required varies according to the actual course in which the student is enrolled (Bachelor of Laws or an associated double degree). Students must check their course rewuirements to determine the number of electives they are required to complete.

The purpose of the elective program is to:

  • enable students to broaden and deepen the legal knowledge and skills they have acquired through studying compulsory units
  • enable students to explore new and significant developments in the law, legal theory and the legal system and to acquire knowledge and skills in areas of law which particularly interest them
  • introduce students to areas of legal knowledge that are not included in the compulsory curriculum
  • enable students to further develop the skills relevant to legal practice
  • enable students to acquire interdisciplinary perspectives that will extend and enhance their understanding of legal principles, theory or skill.

Exchange and Law faculty programs

Students can choose to study part of their course overseas without increasing the length of time to their degree.

Exchange

Monash University has over 100 overseas partner universities in more than 25 countries where students can choose to study for up to a year. Further information including eligibility and application process is available via the Exchange program website.

Law faculty programs

Monash Law faculty also offers students the opportunity to study overseas at the Prato Centre, Italy or Sunway campus, Malaysia. Students can also participate in both programs in the one year.

Students can internationalise their law qualification by including the international study program in their Monash Law degree. This is a unique opportunity to learn about different legal traditions, systems and procedures. Students can discuss both the exchange and Law faculty programs with their faculty adviser.

Further information including eligibility and application process is available via the Monash Law International Study Programs – Prato and Malaysia website.

Bachelor of Laws with honours

The Bachelor of Laws is a pass degree that may be awarded with honours to recognise academic achievement. Since 2002, honours classes 1, 2A, 2B or 3 have been awarded to graduating students based on the average of their results in all law units attempted at Monash University.

Any student may apply for enrolment in the full-year honours research unit LAW5207 at the end of their penultimate year of LLB studies. To be eligible to take this unit students will be required to meet a minimum  average grade for all undergraduate law units attempted at Monash up to the end of their penultimate year of LLB studies.

Students wishing to apply for the honours research unit LAW5207 should do so by late-November of their penultimate year.

For further information refer to the faculty's Monash Law honours webpage.

 

Courses offered in 2014 - Faculty of Law

NOTE: The course details provided in the entries below are for those students who began their studies in 2014 - students who commenced their studies prior to this date should consult the archived Handbook edition for the year in which they started their course.

Single degrees

  • 2708 Bachelor of Laws

Double degrees

  • 0080 Bachelor of Arts and Bachelor of Laws
  • 3356 Bachelor of Biomedical Science and Bachelor of Laws
  • 0546 Bachelor of Commerce and Bachelor of Laws
  • 1074 Bachelor of Medicine and Bachelor of Surgery and Bachelor of Laws
  • 1497 Bachelor of Music and Bachelor of Laws
  • 2317 Bachelor of Performing Arts and Bachelor of Laws
  • 0086 Bachelor of Science and Bachelor of Laws

Honours degrees

  • 0082 Bachelor of Arts (Honours) and Bachelor of Laws
  • 3355 Bachelor of Aerospace Engineering and Bachelor of Laws
  • 0094 Bachelor of Engineering and Bachelor of Laws

Courses with no further intake

The following course no longer accepts new enrolments. Students still enrolled in this course should refer to the archived Handbook for the year in which they commenced studies in the course:

  • 0816 Bachelor of Business (Banking and Finance) and Bachelor of Laws