Caution
Copyright © Monash University 1996
ISBN 1037-0919
Authorised by Academic Registrar, April 1996
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.
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.
Graduate students should refer to the instructions for enrolment and re enrolment in the chapter called `The graduate program'.
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.
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.
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.
Graduate students should refer to the heading `Grievance procedures' in the chapter called `The graduate program'.
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.
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.
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'.
+ 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.
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.
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.
+ 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.
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.
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.
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.
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.
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.
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.