Caution
Copyright © Monash University 1996
ISBN 1037-0919
Authorised by Academic Registrar, April 1996
1 Master of Laws. Students may qualify for this degree in one of three ways:
+ by major thesis (70,000 words);
+ by coursework (four subjects) and minor thesis (25,000 words);
+ by coursework alone (six subjects).
2 Master of Taxation Law and Master of Taxation Studies. Students may qualify for these degrees in the same ways as for the Master of Laws. (New enrolments for the degrees of Master of Taxation Law and Master of Taxation Studies will not be taken for 1996 as a review of these courses and the graduate program as a whole is currently being undertaken.)
3 Doctor of Philosophy.
4 Doctor of Laws.
1 to enable all candidates to develop and demonstrate advanced skills in research, analysis and the written or oral communication of complex ideas;
2 to enable all candidates to develop and demonstrate a knowledge of law, and the theoretical and policy framework within which the law operates, which is deeper or broader than that required for the degree of Bachelor of Laws;
3 to complement the undergraduate program of the faculty;
4 to serve the needs of the legal and wider community.
More particularly, in relation to the Master of Laws (coursework and minor thesis and coursework alone) program, the objectives may be stated as follows:
1 (a) To achieve a more advanced and detailed knowledge of the theoretical framework and of the major legal and policy issues of areas of legal study already undertaken at undergraduate level; (b) to achieve a basic knowledge of the theoretical framework and of the major legal and policy issues of areas of legal study which are not offered at the undergraduate level by reason of their complexity or where the completion of undergraduate studies or work experience are a necessary prerequisite to its study; or (c) to acquire interdisciplinary perspectives which will enhance their understanding of areas of legal study.
2 To develop their own skills of critical analysis of the law: (a) by formulating independently and articulating (both orally and in writing) legal and policy issues, (b) by enhancing their organisational, presentational and writing skills, and (c) by becoming competent in relevant research skills.
3 To participate in an interchange of expertise and ideas between candidates and teachers, in order to achieve a breadth of legal scholarship.
Applicants for admission to the degree of Master of Laws by major thesis must have qualified for the degree of Bachelor of Laws or equivalent legal qualification, at a high standard of excellence. Normally applicants for admission to the degrees of Master of Laws and Master of Taxation Law by coursework and minor thesis or coursework alone must be similarly qualified. However, a student who is not so qualified may be admitted to candidature for these degrees if he or she has equivalent qualifications and experience.
Applicants for admission to the degree of Master of Taxation Studies by coursework and minor thesis or coursework alone must have a tertiary degree with appropriate major/s or equivalent qualifications and experience constituting suitable preparation for graduate studies in taxation.
Normally applicants for admission to the degree of Doctor of Philosophy will have qualified for the degree of Master of Laws, or the degree of Bachelor of Laws with first class or second class division A honours or equivalent legal qualification.
Applicants for admission to the degree of Doctor of Laws must have held for a period of at least six years the degree of Bachelor of Laws of Monash University or in the opinion of the faculty an equivalent degree of another university or (unless the board otherwise resolves) has carried out advanced study and research in Monash University for a period of at least two years.
Applications for admission to candidature for the LLM degree by major thesis, the PhD degree or the LLD degree may be received at any time during the academic year.
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.
Full-time Part-time
Masters* PhD Masters* PhD
2 years 2-5 years 4 years 8 years
* In the case of the coursework component part-time candidates are normally
expected to complete one subject each semester; with most classes being held in
city venues after 5 pm.
Such subject will not subsequently be credited towards a masters degree without the approval of the Graduate Studies Committee.
In the case of PhD and LLM by major thesis candidates, enrolments may be processed at any time of the year.
Students enrolling in the degree of Master of Laws who are contemplating an academic career and who are undecided as to whether to proceed by way of major thesis, coursework and minor thesis, or coursework alone should make an appointment to see the subdean to discuss the matter.
A student unable to attend enrolment personally may authorise another person to enrol on his/her behalf by giving that person a letter of authority.
Masters students who have completed the coursework component of their degree, and are planning to start their thesis in the following year, should contact the subdean on 9905 3336 to discuss their topic and an appropriate supervisor before re-enrolling. In some areas of law supervisors may not be available or may be in short supply and it is therefore essential for our planning that we know how many students are seeking supervision, in what area, and when.
The regime of assessment for each subject is determined by the teacher and requires the approval of the Graduate Studies Committee.
Candidates should ensure that they have familiarised themselves with the form of assessment for each subject they propose to take before enrolling.
+ refer him/her to the Exclusion Committee; or
+ permit him/her to re-enrol and continue as a candidate for the masters degree for such subjects and upon such conditions, restrictions and limitations as the committee shall prescribe in the particular circumstances of the case.
A student shall not be excluded from candidature for the masters degree by the Exclusion Committee unless:
+ he/she has been given notice in writing of the intention of the Exclusion Committee to consider the matter of his/her exclusion;
+ such notice is accompanied by brief particulars of the grounds for doing so; and
+ he/she has been given a reasonable opportunity to make representations, either in person or in writing, to the Exclusion Committee
In the event of exclusion, an appeal may be made to the Academic Board.
`Intermission' is the term applied when candidates seek leave from their research studies.
Students seeking leave of absence/intermission from their studies should apply in writing to the subdean for approval. The maximum period of leave/intermission which may be granted at any one time is twelve months. If a longer period is sought the student will be required to formally discontinue and apply for re-admission when ready to recommence their studies.
+ Subdean: Associate Professor L McCredie
+ Administrative officer (graduate studies): Cheryl Bolton
Students should also obtain a copy of the inhouse `Graduate student program' booklet, available free of charge from the graduate studies office, to supplement this publication.
Students are represented on the faculty board and a number of committees of the board, including the Graduate Studies 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.
There is an association of graduate students in law and its officers may refer complaints of a general nature to the subdean.
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 chairman of the Graduate Studies Committee, again with advice. Occasionally the subdean or the chairman of the Graduate Studies Committee may consider the complaint so serious that it is appropriate for him or her to refer the complaint to the dean.
In this event the dean will 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 Monash Law Graduate Students' Association (MLGSA) or nominee.
Material received from either 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.
See the chapter called `Faculty information' for details of faculty policy in relation to:
+ student responsibility for subject choices
+ set work and class attendance
+ calculators
+ transcription
+ faxing of assignments
+ policy for feedback on class tests, research papers and essays
+ cheating
+ plagiarism
+ university discipline procedures
+ as part of a course for a masters degree at another university or other tertiary institution; or
+ in another faculty of Monash University.
The total number of subjects which may be so credited is limited to two unless the candidate has been permitted to include an LLB subject in his/her course, in which event credit will be limited to one subject (see subsections 3, 4, 5 and 6 of sections 41 and 41A of the Regulations).
If the cross-institutional course enrolment is approved, the student must enrol formally at both Monash University and at the other tertiary institution concerned.
The student is required to pay the amenities fee to Monash University and the course fee in respect of the subject to the other tertiary institution.
The faculty endeavours to offer a broad range of graduate subjects each year.
The following subjects have been approved for the purpose of the coursework component of the LLM program.
+ Advanced private international law
+ Australia in the international legal order
+ Business finance: law and practice
+ Commercial alternative dispute resolutions
+ Commercial arbitration
+ Commercial equity
+ Commercial leases
+ Comparative Australian and United States taxation law
+ Comparative family law
+ Comparative labour relations law
+ Comparative tax law reform
+ Confiscation of the proceeds of crime
+ Contemporary legal thought
+ Copyright
+ Creditors and family law
+ Current issues in air transport law
+ Current issues in civil procedure
+ Current issues in evidence
+ Current issues in international banking law
+ Current problems in family law
+ Current problems in taxation
+ Drugs and the law
+ Economic analysis of current issues in commercial law
+ Economic torts
+ European Community law
+ Family property
+ Forensic family law
+ Government and information
+ Government regulation of international trade
+ Graduate research paper
+ International air law
+ International aspects of intellectual property
+ International banking law
+ International commercial arbitration
+ International human rights
+ International taxation
+ International trade law
+ Law and economics
+ Law of employee relations
+ Law of liquidations
+ Law of the sea
+ Law, the environment and the policy process
+ Legislative and judicial refinement of the income tax base
+ Liability for tortious communications
+ Local government law
+ Maritime law
+ Migration law
+ Modern criminal justice
+ Occupational health and safety
+ Pacific comparative law
+ Patents for inventions
+ Planning law
+ Principles of drafting in family law
+ Public sector employment law
+ Research methods
+ Rights arising out of de facto cohabitation
+ Secured finance and related transactions
+ Securities regulation
+ Sentencing
+ Stamp duties and other State revenue
+ Superannuation law and practice
+ Takeovers
+ Tax avoidance - legislative and judicial responses
+ Taxation Commissioner's discretionary powers
+ Taxation in the European Community
+ Taxation of capital gains
+ Taxation of corporations and shareholders
+ Taxation of trusts
+ Theories of justice
+ Trade practices
+ Trade marks and commercial designations
The faculty reserves the right not to offer in a particular year any of the above subjects 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 above subjects.
In addition, a limited number of places may be available to LLM candidates in approved LLB subjects. Candidates may include one approved LLB subject in their LLM course. The approved list of LLB subjects is:
+ Administration of criminal justice
+ Air law
+ Civil liberties
+ Constitutional change
+ Consumer credit
+ Criminology
+ Current problems in constitutional law
+ Current problems in criminal law
+ Insurance
+ International environmental law
+ International organisations
+ International space law
+ Law and discrimination
+ Law and social theory
+ Law, gender and feminism
+ Legal issues in medicine
+ National security law
For LLM candidates the prescriptions for these subjects will normally be more substantial than those for LLB students. LLM candidates taking any of the LLB optional subjects towards the masters degree must complete an assessment regime in those subjects which has been approved by the Graduate Studies Committee.
For details of the approved LLB subjects which will be offered in the current year, students should refer to the relevant subject entries in the chapter called `Details of undergraduate subjects'.
Candidates proceeding to the LLM degree by minor thesis must complete a thesis of about 25,000 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 graduate studies office. The prescribed proposal form is available from the graduate studies office upon request.
Candidates are encouraged to discuss proposals with members of academic staff. If required, the subdean will assist in recommending an appropriate member of staff.
On receipt of the completed thesis proposal form the subdean will submit it to the Graduate Studies Committee for approval of the topic and the appointment of a supervisor. In approving the research topic the Graduate 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.
+ Graduate Studies Committee (two representatives);
+ Law Library Committee (one representative);
+ Law Liaison Committee (one representative);
+ Faculty Board (two representatives).
The Monash Association of Graduate Students (MAGS) represents all graduate students and is concerned about their welfare. Graduate law students are represented on the MAGS Committee. MAGS has an office situated in the Union building.
At present the facilities include wordprocessing using Microsoft Word, practising computerised information retrieval techniques using an emulation of a number of commercially available computerised legal information databases and being able to access on-line the Australian Legal Literature Index and the library catalogue.
+ International students
+ Disability support program
+ Legibook
+ The Law Library
+ Student societies
+ Student representation
+ Law School Liaison Committee
+ Monash University Law Review