MONASH UNIVERSITY FACULTY HANDBOOKS

Law Handbook 1996

Published by Monash University
Clayton, Victoria 3168, Australia

Caution Copyright © Monash University 1996
ISBN 1037-0919

Authorised by Academic Registrar, April 1996


FACULTY INFORMATIONPart 2

CONTENTS

  1. Cheating
  2. University discipline procedures
  3. Unsatisfactory progress
  4. Enrolment and re-enrolment
  5. Credit for work done elsewhere
  6. Leave of absence
  7. Grievance procedures
  8. Student support services
  9. Student societies
  10. Student representation
  11. Law School Liaison Committee
  12. Monash University Law Review
  13. Community Legal Centres
  14. Careers information for undergraduate students

Cheating

Students should note that cheating at the university is regarded as a very serious offence which is likely to lead not only to failure in the subject concerned but also to additional disciplinary action, including exclusion. Students should carefully note that the taking of any unauthorised material into examinations will be regarded as cheating. Students should also note that essays, assignments and other work are generally understood to be the student's own work and where any such work is identical with, or similar to, another student's work, an assumption of cheating may arise. Where students wish to undertake work in conjunction with other students, it is suggested that the matter be discussed with the lecturer concerned.

Plagiarism

All written work submitted for assessment must be students' own work. This does not mean that students may not make use of the work of others. However, in quoting or paraphrasing material from other sources, those sources must be acknowledged in full. It may be useful to seek the help of a teacher in preparing the piece of work and to enlist the help of fellow students in sorting out ideas, but the final product must be written by the student in his or her own words.

Plagiarism occurs when students fail to acknowledge that ideas have been borrowed. Specifically, it occurs when:

(a) phrases and passages are used verbatim without quotation marks and without a reference to the author;

(b) an author's work is paraphrased and presented without a reference;

(c) other students' work is copied;

(d) items of assessment are written in conjunction with other students (without prior permission of the relevant staff member);

(e) a piece of work has already been submitted for assessment in another course.

Plagiarism is an attempt to obtain undeserved academic advantage. Students suspected of plagiarism will be given the opportunity to explain their plagiarism in the company of the examiners. If the chief examiner believes that plagiarism has occurred, students will normally receive no marks at all for the piece of work concerned. Cases of deliberate plagiarism will be reported to the dean in accordance with faculty policy. Serious or repeated cases may be reported to the University Discipline Committee.

University policy on plagiarism and other forms of cheating is outlined in Part II of Statute 4.1 of the Statutes of the University (Monash University Calendar). See also E Campbell and R Fox, Guide to preparation and presentation of written work in the Law School. Students who are at all uncertain about what is required should consult their teacher.

The following hints will help students avoid plagiarism:

+ students should take accurate notes, distinguishing in these between their own ideas and the ideas of other writers;

+ in notes, as well as essays, quotation marks should be placed around all material that is copied out directly and the source noted;

+ any idea that is not their own should be footnoted by students, even if it is paraphrased or summarised and does not appear in quotation marks;

+ even when receiving advice from fellow students, the final product should be formulated by the student himself or herself.


University discipline procedures

Chapter 4 of the university statutes (Statute 4.1 - Discipline) covers breaches of discipline, acts of misconduct and cheating. Students may consult this legislation in the Monash University Calendar, copies of which are held in the office of the faculty registrar and the subdean


Unsatisfactory progress

Graduate students should refer to the         
heading `Unsatisfactory progress' in the      
chapter called `The graduate program'.        

At the end of every academic year the faculty reviews the progress of each student who has failed to pass in one or more subjects and a determination is made as to whether that student should be awarded a supplementary or special examination, continue the course or be excluded from the faculty. A student who has failed the equivalent of three year-long law subjects or who fails a subject following a warning that a further failure might result in his or her being excluded from the faculty, may be referred to the Exclusion Committee. Adequate opportunity is afforded to each student, with the assistance of an approved undergraduate student if desired, to make submissions to the Exclusion Committee. In the event of exclusion, an appeal may be made to the Academic Board.

Students who have been excluded from further study for unsatisfactory academic progress must make application for re-admission through VTAC and compete with all other applicants for admission.

The applicant must show evidence of academic rehabilitation since being excluded. The notion of rehabilitation is restricted to academic rehabilitation following the period of exclusion. For the purposes of that assessment, character references and work experience will not be used as the basis for any decision concerning readmission. To have undertaken a course of study, following their exclusion, in tertiary subjects (other than subjects offered by Monash University, Faculty of Law) for the equivalent of one full year of study and to have achieved a credit average or better in those subjects will normally be accepted as evidence of academic rehabilitation. Such study may include open learning units.

Copies of a booklet detailing exclusion procedures are available from the general office and from the student administration general office.


Enrolment and re-enrolment

Graduate students should refer to the         
instructions for enrolment and re enrolment   
in the chapter called `The graduate           
program'.                                     

Enrolment

Students offered a place in a course are, after collecting their enrolment forms and timetable, required to have their course approved by a faculty adviser.

Students are expected to read and understand the degree regulations and to ensure that the course they choose is in accordance with these regulations.

Consequently, students should study the handbook and any course information documents available from the faculty office before having their enrolment approved by a faculty adviser. Enrolment in tutorials takes place during the first week of first semester and enrolment information will be posted on the student notice board on the first day of that week.

Re-enrolment

Re-enrolling students will be required to re-enrol in December on certain days according to the first letter of their surname. Re-enrolment documents, including the timetable, will be mailed to students in October/November.

Enrolment in summer semester

Several later-year elective subjects may be offered in the summer semester (December to February). Applications from interested students are usually sought in August/September.

Timetables

Students receive lecture timetables either at the time of enrolment or in re-enrolment packages.


Credit for work done elsewhere

Graduate students should also refer to the    
heading `Faculty credit policy' in the        
chapter called `The graduate program'.        

Credit for prior tertiary studies may be granted. Applications for credit must be accompanied by supporting documentation, eg statement of academic record, course outlines, etc. Applications for credit must be lodged with the subdean in the first two weeks of first semester.


Leave of absence

Graduate students should refer to the         
heading `Leave of absence/intermission of     
studies' in the chapter called `The           
graduate program'.                            

Students, other than first-year law students, may apply for leave of absence not exceeding one year at any given time. By granting such leave the faculty reserves a place in the course in the following year. However, the period of approved leave will be counted in the time limit for completion of the course.

Applications for leave of absence should be made in writing to the subdean, Faculty of Law and the reasons for requesting the leave should be stated. If students have enrolled for the year in respect of which leave is requested, in addition to submitting an application for leave, it is necessary to lodge a discontinuation of course form to cancel enrolment for the year. Students should carefully note the deadlines for submitting discontinuation forms.

Students enrolled in combined courses must also obtain leave from the non-law faculty.


Grievance procedures

Graduate students should refer to the         
heading `Grievance procedures' in the         
chapter called `The graduate program'.        

General

The Faculty of Law has, for many years, maintained systems and promoted practices which are designed to minimise the incidence of legitimate student grievances and to ensure that complaints by students are dealt with promptly and fairly.

Students are represented on the faculty board and a number of the committees of the board, including the Education Committee, and the current ad hoc Curriculum Review Committee. Matters of general concern to students may be ventilated in these forums. Such matters may also be raised for consideration by the Law School Liaison Committee, a committee on which academic staff and students are equally represented.

Complaints of a general nature may be made to the dean or the faculty registrar by the president of the Law Students' Society. Some such complaints may be referred to the executive committee. The dean has adopted a practice of meeting, from time to time, with the executive committee of the Law Students' Society.

Individual student complaints

It is generally understood by undergraduate law students that the subdean is a kind of faculty ombudsman and that if they have a complaint about some academic matter which affects them personally, they should, normally, take their complaint to the subdean. How the subdean handles the complaint will depend very much on the nature of the complaint.

In some cases the subdean will advise the student to go to the teacher concerned and at the same time advise that teacher of the nature of the concern and what might be done to deal with it. In other cases, the subdean may think it appropriate to refer the complaint to the relevant chief examiner, again with advice. Occasionally the subdean may consider the complaint so serious that it is appropriate for him or her to refer the complaint to the dean.

The dean may convene a three-person ad hoc committee, to be known as the Student Grievance Committee. The composition of the committee will be:

+ the dean or nominee;

+ a member of staff from a panel nominated by Executive Committee;

+ the president of the Law Students' Society or nominee.

Material received from a party to the dispute for the consideration of the ad hoc committee shall be made available to all parties before the hearing of the grievance appeal. The committee shall make its determination within fourteen days and notify the student (and the dean) of its decision in writing.


Student support services

The Law Library

The collection

The Law Library collection consists of over 150,000 volumes and many thousands of items in microform. In addition access can be had to legal and non-legal materials from many of the world's common and civil law jurisdictions through on-line electronic databases. The Law Library at Monash is one of the largest in Australia and a gateway to legal information from throughout the world through the Internet.

Legal research training courses are provided by Law Library staff as part of the undergraduate and postgraduate programs. Other specialist courses are run at intervals throughout the year.

The Law Library has also published a `Guide to legal research in the Monash University Law Library'.

Online and ondisk resources

The library subscribes to a continually growing range of online and ondisk products. They include:

+ Legal Trac

+ ALLI

+ AGIS

+ CINCH

+ INFO-1

+ LEXIS

+ Victorian Reports

+ Decisions of the Federal courts

+ Unreported decisions of State supreme courts

Training classes are run at regular intervals.

Student computer laboratory

Graduate students should also refer to the    
section headed `Computer laboratory' in the   
chapter called `The graduate program'.        

A student computer laboratory containing more than thirty computers is linked with the university's computer network. Students are able to undertake a wide variety of tasks in this facility. They may range from simple searches of the university's library system, to the interactive use of legal expert system databases, to researching highly specialised information systems.

The faculty has both dedicated law CD-ROM facilities and access to all other CD-ROMs that are on the university network system. Students are encouraged to make full use of databases ranging from the Australian Legal Literature Index (ALLI) via INFO ONE and SCALE representing State and Commonwealth primary materials to databases such as (AGIS) containing up-to-date Attorney-General's information.

Library staff conduct regular introductory classes for students, and further assistance is available from the laboratory supervisors. Availability of wordprocessing for students is regarded as an integral part of the computer facility which enables students to use word processing as part of the research process. It also allows students to present their work in a professional manner.

Legibook

Legibook is the registered business name of the Monash Law Book Cooperative Ltd, a company which occupies room G21 in the basement of the law school. Its purpose is to provide law texts, statutes and materials as cheaply as possible. Membership costs $5.20 and is for life, and members are entitled to a discount which is currently 21 per cent off the usual retail price of texts and statutes. Phone 9544 3669. Fax 9544 3669.


Student societies

Monash Law Students' Society

The Monash Law Students' Society exists as a voice for law students and provides them with a vast range of facilities and services. It operates not only to promote social activities, but also to further the academic and professional interests of law students. In 1995 over 1200 of approximately 2000 students in the faculty are members of the society.

The activities of the society are organised by a committee of thirty-two students, elected annually by the members. Each year the society organises a number of competitions, including a mooting competition, witness examination competition, academic paper competition, client interview competition and a legal letter drafting competition. Social functions organised by the society include lunchtime `barbecues and bands', first-year and second to fifth-year camps, ski trips, year-level dinners, a Melbourne Law/Monash Law sports day, a comedy revue and the Law Ball.

The society also produces a number of publications, including a quarterly students' newsletter, Clayton's Law, and an annual academic journal, Oracle. Students are encouraged to contribute to both publications. A Careers Directory is also published as part of the society's career service, as is an extremely useful Counter-Faculty handbook. In addition a yearly planner with dates for all activities is published. The careers service organises lectures, careers seminars and guest lecturers within the law school.

The society also runs a tutorial service in conjunction with the faculty's formal tutorial program. Demonstrating their willingness to help younger students, final-year students conduct the tutorials. The society also tapes a range of lectures every day for the benefit of students with timetable clashes or other commitments. The strong camaraderie which tends to develop among law students is evidenced by the popularity of the valedictory dinner and final-year students' yearbook.

Finally, there is the most popular service of all - the coffee room, complete with free tea and coffee, a microwave, fridge, daily newspapers and comfortable chairs.

Further information on the LLS can be obtained by contacting the society in room G16 on the ground floor of the law school, or by telephoning 9905 3398.

A number of other student societies operate within the Faculty of Law. These are listed below.

+ Monash Feminist Legal Issues Collective + Advocacy Club + Malaysian Law Students' Association + The Monash Law Graduate Students' Association (MLGSA)

The MLGSA represents the interests of graduate students within the faculty.


Student representation

The faculty has provision for students to be actively involved in the running of the faculty. There are twelve student members of the faculty board, three representing students without a degree, one being an international student - elected by law international students; one ex-officio member who is faculty liaison officer of the LSS, four representing students with a degree, the president of the Law Students' Society (ex officio) and two postgraduates. These are all elected annually in September. In addition, students are members of the following committees of the faculty:

+ Admissions Committee (one student);

+ Education Committee (one student);

+ Graduate Studies Committee (two students);

+ Law Review Committee (nine students);

+ Liaison Committee (five students);

+ Library Committee (three students);

+ Steering Committee (one student);

+ Wilfred Fullagar Committee (three students).

These representatives are all appointed at the beginning of the year.

There is also provision for a student consultant on the Exclusion Committee if a student appearing before that committee expressly wishes to have a student present.

Students are encouraged to take an active interest in the running of the faculty. If a student has any difficulties or grievances he or she should immediately see a student representative.


Law School Liaison Committee

The committee functions as a liaison between students and the faculty on a range of issues which concern the student body of the law faculty. The issues include matters arising from teaching concerns, administration concerns in relation to teaching and the provision of student facilities. The committee meets regularly and functions as a forum for the exchange of staff and student views on relevant issues. The staff members of the committee provide practical suggestions and assistance to the students in the resolution of issues arising before the committee.


Monash University Law Review

The Monash University Law Review has been published since 1974. It aims to produce a forum of international standard in which law teachers, practitioners, and students can discuss important and current questions relating to the theory and practice of law.The review contains a number of articles, case and legislative comments, analysis of law reform proposals and reviews of recent publications contributed by staff members, students and others outside the faculty.

All editorial and administrative work is performed by student members of the editorial committee, with the assistance of faculty advisers. Student positions on the committee are usually by invitation based upon academic performance. Through the tasks of footnote checking, proofreading, selection and editing of manuscripts, and the writing of case notes and book reviews, student members are able to acquire valuable skills in legal writing, editing and administration.

An important aspect of the review is the publishing of the Wilfred Fullagar Memorial Lecture, which is sponsored by the faculty and the annual Lucinda Lecture, sponsored jointly by the faculty and the Law Book Company. A Law Review dinner is held each academic year.

The Review is published twice yearly and has a wide circulation both nationally and internationally.

Any person interested in finding out more details about the Monash University Law Review, including subscriptions, should contact the editors in room 343 or phone 9905 3374.


Community Legal Centres

In partnership with local municipal councils and the Legal Aid Commission, the Faculty of Law runs two community legal centres, where legal assistance is provided free to the public. The centres provide help with criminal prosecutions, neighbour disputes, car accidents, traffic prosecutions, tenancy disputes, family and social welfare problems, debt, contract and employment disputes and other problems.

Springvale Legal Service (founded 1975) is a joint venture of Monash University and the City of Springvale, operated in tandem with the Springvale Community Aid and Advice Bureau. The largest legal service in Victoria in terms of numbers of clients assisted, Springvale Legal Service has also built up a reputation for community development work and innovative public-interest-law activities.

Located since 1979 on the perimeter of Monash University's Clayton campus, Monash-Oakleigh Legal Service grew from a student service to become a major provider of legal assistance to citizens of what is now the City of Monash, and the wider community.

At both legal centres, regular consulting sessions are staffed by senior law students enrolled in the clinical education course as the LLB subject `Professional practice'. They take responsibility for clients' files and initiate action where required - under the supervision of a faculty staff member who is a legal practitioner. Students may represent clients in court under a supervised student appearance scheme. This blend of learning and service in law provided at Monash was the first of its kind in Australia and has acquired a national and international reputation.

Lawyers' Practice Manual

An initiative through Springvale Legal Service involving several members of the Faculty of Law is the production and regular up-dating of this loose-leaf service to new lawyers. Oriented towards those who provide legal services to the community in legal centres and the like, the manual with its comprehensive coverage of how to cope with most matters likely to arise in practice, has proved a remarkably popular publication.


Careers information for undergraduate students

Careers for lawyers

Practising lawyers may eventually specialise in a particular area of the law, for example commercial law or civil and social law. Specialisation may indeed extend to a more defined area.

Every lawyer must develop certain skills and resources: an ability to use and interpret words, particularly the specialised terminology essential to many legal concepts; a capacity to deduce legal principles from a mass of legal materials; and powers of criticism and analysis which are valuable in understanding and solving problems.

The course is designed to enable students to develop such skills, and also to equip them for careers outside traditional legal practice.

Admission to practise

The admission of barristers and solicitors in Victoria is regulated by the rules of the Council of Legal Education administered by the Board of Examiners for Barristers and Solicitors.

There are two avenues of admission available to a Monash LLB graduate. The graduate may either spend a year in articles with a firm of solicitors, upon completion of which the graduate is entitled to a full practising certificate; or seven months at the Leo Cussen Institute practical training course, upon completion of which the graduate is entitled to a limited practising certificate which permits him or her to practise only as an employee solicitor. On completion of a period of six months as an employee solicitor he or she is then entitled to a full practising certificate.

In addition to the foregoing, an applicant for admission must complete certain subjects either as part of the course for the degree or otherwise. These subjects comprise the compulsory subjects for the LLB degree and the elective subjects LAW4201 (Equity and trusts), LAW5204 (Evidence), LAW5106 (Company law) or LAW5214 (Corporations and business associations law), LAW5125 (The lawyer) and LAW5104 (Civil procedure B).

A graduate, whether he or she has completed a year in articles or the Leo Cussen Institute practical training course, may practise as a barrister without further restriction, other than compliance with the reading rules imposed by the Victorian Bar.

There are similar requirements for admission in other Australian States and Territories. Graduates seeking admission in other Australian States and Territories should make inquiries with the relevant admitting authority in the State or Territory concerned.

Arts/law career opportunities

In addition to preparing the graduate for traditional legal practice, completion of the combined degree program opens up other career opportunities in government, politics, the media, parliament and business.

Business (banking and finance)/law career opportunities

Typical career opportunities include commercial law, international banking, international finance, investments management, treasury management, money market operations, lease finance, consumer finance, business finance, project finance and financial modelling and forecasting.

Business (management)/law career opportunities

Graduates should be equipped to embark on a career in corporate law or to establish a career track towards employment as company secretaries or management executives.

Commerce/law and economics/law career opportunities

In addition to preparing the graduate for traditional legal practice, completion of the commerce/economics and law combined degree program opens up many career opportunities in business, finance and commerce. Career opportunities in government, politics, the media and parliament are also possibilities.

Engineering/law career opportunities

In addition to career opportunities in legal practice and engineering, the graduate in engineering/law has specialist career opportunities to explore which often combine expertise in the two areas.

Much of the work of engineers is concerned with design and implementation, particularly in the areas of civil, mechanical and chemical engineering. Environmental considerations in terms of the law are increasingly significant in project development. With both the private and public sectors involved in engineering projects, the role for graduates with legal training is increasing in significance.

Science/law career opportunities

In addition to preparing the graduate for traditional legal practice, completion of the combined degree program opens up other career opportunities in scientific research, the manufacturing industry and government.

Opportunities arise for lawyers with a science degree in the fields of intellectual property, mining exploration and environmental protection and development. Students with a strength in mathematics might also pursue careers in merchant banking, financial management and the actuarial profession.

For further careers information contact the Course and Careers Centre, Clayton campus, telephone (03) 9905 3150.


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