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Resolutions


1 Approval of and credit for subjects

The normal sequence in which subjects are undertaken in each of the courses offered by the Faculty of Law is set out below.

BJuris/LLB

1.1 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Jurisprudence shall enrol for the subjects of that degree in the year order set out below.

Either

First year

Second year
Third year
LAW1100 Legal process

LAW2200 Torts

LAW2100 Contract

non-law I

LAW3200 Constitutional law

LAW3300 Criminal law and procedure

Perspective/elective law (12 points)

non-law II

either LAW3400 Property or LAW3100 Administrative law

Perspective/elective law (12 points)

non-law III

or

First year

Second year
Third year
LAW1100 Legal process

LAW2200 Torts

LAW2100 Contract

non-law I

LAW3200 Constitutional law

LAW3300 Criminal law and procedure

either LAW3400 Property or LAW3100 Administrative law

non-law II

Perspective/elective law (24 points)

non-law III

1.1.1 For the purpose of Resolution 1.1 the perspective subjects are:

1.1.2 For the purpose of Resolution 1.1 the elective subjects are:

BA/LLB

1.2 Except with the approval of the board or its delegate, a candidate for the degrees of Bachelor of Arts and Bachelor of Laws shall enrol:

1.2.1 in the first year of enrolment for non-law subjects totalling twenty-four points, LAW1100 (Legal process) and LAW3300 (Criminal law and procedure);

1.2.2 in the second year of enrolment for non-law subjects totalling thirty-six points and LAW2200 (Torts);

1.2.3 in the third year of enrolment for non-law subjects totalling twenty-four points, LAW2100 (Contract) and LAW3400 (Property);

1.2.4 in the fourth year of enrolment for LAW3200 (Constitutional law) and thirty-six points elective law subjects; and

1.2.5 in the fifth year of enrolment for LAW3100 (Administrative law), LAW5500 (Moot court) and thirty-six points elective law subjects.

BSc/LLB

1.3 Except with the approval of the board or its delegate, a candidate for the degrees of Bachelor of Science and Bachelor of Laws shall enrol:

1.3.1 Alternative 1

1.3.1.1 in the first year of enrolment for non-law subjects totalling twenty-four points, LAW1100 (Legal process) and LAW3300 (Criminal law and procedure);

1.3.1.2 in the second year of enrolment for non-law subjects totalling thirty-six points and LAW2200 (Torts);

1.3.1.3 in the third year of enrolment for non-law subjects totalling twenty-four points, LAW2100 (Contract) and LAW3400 (Property);

1.3.1.4 in the fourth year of enrolment for LAW3200 (Constitutional law) and thirty-six points elective law subjects; and

1.3.1.5 in the fifth year of enrolment for LAW3100 (Administrative law), LAW5500 (Moot court) and thirty-six points elective law subjects;

1.3.2 Alternative 2

1.3.2.1 in the first year of enrolment for non-law subjects totalling forty-eight points;

1.3.2.2 in the second year of enrolment for non-law subjects totalling twenty-four points, LAW1100 (Legal process) and LAW3300 (Criminal law and procedure);

1.3.2.3 in the third year of enrolment for non-law subjects totalling twenty-four points, LAW2100 (Contract) and LAW3400 (Property);

1.3.2.4 in the fourth year of enrolment for LAW2200 (Torts), LAW3200 (Constitutional law) and thirty points elective law subjects; and

1.3.2.5 in the fifth year of enrolment for LAW3100 (Administrative law), LAW5500 (Moot court) and forty-two points elective law subjects.

BEc/LLB

1.4 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Economics and Bachelor of Laws shall enrol:

1.4.1 in the first year of enrolment for non-law subjects totalling twenty-four points, LAW1100 (Legal process) and LAW3300 (Criminal law and procedure);

1.4.2 in the second year of enrolment for non-law subjects totalling thirty-six points and LAW2200 (Torts);

1.4.3 in the third year of enrolment for non-law subjects totalling twenty-four points, LAW2100 (Contract) and LAW3400 (Property);

1.4.4 in the fourth year of enrolment for LAW3200 (Constitutional law) and thirty-six points elective law subjects; and

1.4.5 in the fifth year of enrolment for LAW3100 (Administrative law), LAW5500 (Moot court) and thirty-six points elective law subjects.

BCom/LLB

1.5 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Commerce and Bachelor of Laws shall enrol:

1.5.1 in the first year of enrolment for non-law subjects totalling twenty-four points, LAW1100 (Legal process) and LAW3300 (Criminal law and procedure);

1.5.2 in the second year of enrolment for non-law subjects totalling thirty-six points and LAW2100 (Contract);

1.5.3 in the third year of enrolment for non-law subjects totalling thirty-six points and LAW3400 (Property);

1.5.4 in the fourth year of enrolment for LAW2200 (Torts), LAW3200 (Constitutional law) and thirty points elective law subjects; and

1.5.5 in the fifth year of enrolment for LAW3100 (Administrative law), LAW5500 (Moot court) and forty-two points elective law subjects.

BBus(Mgt)/LLB

1.6 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Business (Management) and Bachelor of Laws shall enrol:

1.6.1 in the first year of enrolment for non-law subjects totalling twenty-four points, LAW1100 (Legal process) and LAW3300 (Criminal law and procedure);

1.6.2 in the second year of enrolment for non-law subjects totalling forty-two points and LAW2100 (Contract);

1.6.3 in the third year of enrolment for non-law subjects totalling thirty-six points and LAW3400 (Property);

1.6.4 in the fourth year of enrolment for LAW2200 (Torts), LAW3200 (Constitutional law) and thirty points elective law subjects; and

1.6.5 in the fifth year of enrolment for LAW3100 (Administrative law), LAW5500 (Moot court) and forty-two points elective law subjects.

BBus(Bkg&Fin)/LLB

1.7 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Business (Banking and Finance) and Bachelor of Laws shall enrol:

1.7.1 in the first year of enrolment for non-law subjects totalling twenty-four points, LAW1100 (Legal process) and LAW3300 (Criminal law and procedure);

1.7.2 in the second year of enrolment for non-law subjects totalling forty-two points and LAW2100 (Contract);

1.7.3 in the third year of enrolment for non-law subjects totalling thirty-six points and LAW3400 (Property);

1.7.4 in the fourth year of enrolment for LAW2200 (Torts), LAW3200 (Constitutional law) and thirty points elective law subjects; and

1.7.5 in the fifth year of enrolment for LAW3100 (Administrative law), LAW5500 (Moot court) and forty-two points elective law subjects.

MB BS/LLB

1.8 Except with the approval of the board or its delegate, a candidate for the degrees of Bachelor of Medicine, Bachelor of Surgery and Bachelor of Laws shall enrol:

1.8.1 in the first year of enrolment for LAW1100 (Legal process) and such non-law subjects as are required by the Faculty of Medicine;

1.8.2 in the second year of enrolment for LAW3300 (Criminal law and procedure) and such non-law subjects as are required by the Faculty of Medicine;

1.8.3 in the third year of enrolment for LAW2200 (Torts), six points elective law subject and such non-law subjects as are required by the Faculty of Medicine;

1.8.4 in the fourth year of enrolment for LAW2100 (Contract), LAW3200 (Constitutional law), LAW3400 (Property) and twenty-four points elective law subjects;

1.8.5 in the fifth year of enrolment for LAW3100 (Administrative law) and such non-law subjects as are required by the Faculty of Medicine;

1.8.6 in the sixth year of enrolment for LAW5500 (Moot court), twelve points elective law subjects and such non-law subjects as are required by the Faculty of Medicine; and

1.8.7 in the seventh year of enrolment for eighteen points elective law subjects and such non-law subjects as are required by the Faculty of Medicine.

BBusSys/LLB

1.9 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Business Systems and Bachelor of Laws shall enrol:

1.9.1 in the first year of enrolment for non-law subjects totalling twenty-four points, LAW1100 (Legal process) and LAW3300 (Criminal law and procedure);

1.9.2 in the second year of enrolment for non-law subjects totalling thirty-six points and LAW2100 (Contract);

1.9.3 in the third year of enrolment for non-law subjects totalling thirty-six points and LAW3400 (Property);

1.9.4 in the fourth year of enrolment for LAW2200 (Torts), LAW3200 (Constitutional law) and thirty points elective law subjects; and

1.9.5 in the fifth year of enrolment for LAW3100 (Administrative law), LAW5500 (Moot court) and forty-two points elective law subjects.

BMus/LLB

1.10 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Music and Bachelor of Laws shall enrol:

1.10.1 in the first year of enrolment for non-law subjects totalling thirty-six points and LAW1100 (Legal process);

1.10.2 in the second year of enrolment for non-law subjects totalling thirty-six points and LAW3300 (Criminal law and procedure);

1.10.3 in the third year of enrolment for non-law subjects totalling thirty-two points, LAW2100 (Contract) and LAW3400 (Property);

1.10.4 in the fourth year of enrolment for LAW2200 (Torts), LAW3200 (Constitutional law) and thirty points elective law subjects; and

1.10.5 in the fifth year of enrolment for LAW3100 (Administrative law), LAW5500 (Moot court) and forty-two points elective law subjects.

BE/LLB

1.11.1 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Engineering (Chemical) and Bachelor of Laws, Bachelor of Engineering (Electrical) and Bachelor of Laws, Bachelor of Engineering (Materials) and Bachelor of Laws or Bachelor of Engineering (Mechanical) and Bachelor of Laws shall enrol:

1.11.1.1 in the first year of enrolment for such non-law subjects as are required by the Faculty of Engineering;

1.11.1.2 in the second year of enrolment for such non-law subjects as are required by the Faculty of Engineering and LAW1100 (Legal process);

1.11.1.3 in the third year of enrolment for such non-law subjects as are required by the Faculty of Engineering and LAW3300 (Criminal law and procedure);

1.11.1.4 in the fourth year of enrolment for such non-law subjects as are required by the Faculty of Engineering, LAW2100 (Contract) and LAW3400 (Property);

1.11.1.5 in the fifth year of enrolment for LAW2200 (Torts), LAW3200 (Constitutional law) and thirty points elective law subjects; and

1.11.1.6 in the sixth year of enrolment for LAW3100 (Administrative law), LAW5500 (Moot court) and forty-two points elective law subjects.

Bachelor of Engineering (Civil)

1.11.2 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Engineering (Civil) and Bachelor of Laws shall enrol:

1.11.2.1 in the first year of enrolment for such non-law subjects as are required by the Faculty of Engineering;

1.11.2.2 in the second year of enrolment for such non-law subjects as are required by the Faculty of Engineering and LAW1100 (Legal process);

1.11.2.3 in the third year of enrolment for such non-law subjects as are required by the Faculty of Engineering and LAW3300 (Criminal law and procedure);

1.11.2.4 in the fourth year of enrolment for such non-law subjects as are required by the Faculty of Engineering and LAW2200 (Torts);

1.11.2.5 in the fifth year of enrolment for LAW2100 (Contract), LAW3400 (Property) and thirty-six points elective law subjects; and

1.11.2.6 in the sixth year of enrolment for LAW3100 (Administrative law), LAW3200 (Constitutional law), LAW5500 (Moot court) and thirty-six points elective law subjects.

LLB

1.12.1 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Laws under section 26.2.1 of the Faculty of Law regulations, shall enrol:

1.12.1.1 in the first year of enrolment for LAW1100 (Legal process), LAW2100 (Contract), LAW2200 (Torts) and LAW3300 (Criminal law and procedure);

1.12.1.2 in the second year of enrolment for LAW3400 (Property), LAW3200 (Constitutional law) and thirty points elective law subjects;

1.12.1.3 in the third year of enrolment for LAW3100 (Administrative law), LAW5500 (Moot court) and forty-two points elective law subjects.

1.12.2 Except with the approval of the board or its delegate, a candidate for the degree of Bachelor of Laws under section 26.2.2 of the Faculty of Law regulations, shall enrol:

1.12.2.1 in the first year of enrolment for non-law subjects totalling twenty-four points, LAW1100 (Legal process), and LAW3300 (Criminal law and procedure)

1.12.2.2 in the second year of enrolment for LAW2100 (Contract), LAW2200 (Torts), LAW3400 (Property) and LAW3200 (Constitutional law).

1.12.2.3 in the third year of enrolment in LAW3100 (Administrative law) and thirty-six points elective law subjects.

1.12.2.4 in the fourth year of enrolment in LAW5500 (Moot court) and forty-eight points elective law subjects.

1.13 None of the following subjects shall be approved as a `non-law subject' for the purposes of the Faculty of Law regulations:

2 Elective subjects

2.1 Until the faculty board otherwise resolves:

2.1.1 the elective subjects available in the faculty shall be the subjects listed in table 1;

2.1.2 each such subject shall be taught over the period set out in the table;

2.1.3 the points to be attributed to each optional subject shall be as set out in the table.

2.2 The research subjects referred to in the table require individual research under supervision, not group research or unsupervised research. Each research subject will need individual approval and no research subject will be approved unless a suitably qualified member of staff is available with adequate time to supervise the research. The research involved will normally take place over a period of not less than three calendar months and not more than twelve calendar months. The points attributed to the research subject shall be either six or twelve according to the work involved.

Table 1

Subject

Subject length in half years
Contact hours per week
Points
Administration of criminal justice 406
1
3
6
Air law 406
1
3
6
Australian banking law 406
1
3
6
Civil liberties 406
1
3
6
Civil procedure 506
1
3
6
Commercial and consumer transactions 406
1
3
6
Comparative European legal systems 406
1
3
6
Conflict of laws 406
1
3
6
Constitutional law of Malaysia 406
1
3
6
Consumer credit 406
1
3
6
Corporations and business associations law 512
2
3
12
Credit and security law 506
1
3
6
Crime and gender 406
1
3
6
Criminology 506
1
3
6
Current problems in constitutional law 406
1
3
6
Current problems in criminal law 406
1
3
6
Drafting 506
1
3
6
Elements of forensic medicine 506
1
3
6
Environmental law 406
1
3
6
Equity and trusts 412
2
3
12
Evidence 512
2
3
12
Family law 412
2
3
12
Federal criminal law 506
1
3
6
Human rights 406
1
3
6
Industrial arbitration 406
1
3
6
Insurance law 406
1
3
6
Intellectual property I 506
1
3
6
Intellectual property II 506
1
3
6
International environmental law 506
1
3
6
International law 406
1
3
6
International organisations 406
1
3
6
International space law 406
1
3
6
Labour organisations 406
1
3
6
Land contracts 506
1
3
6
Law and discrimination 406
1
3
6
Law and social theory 406
1
3
6
Law and society in Malaysia 406
1
3
6
Law of employment 406
1
3
6
Law, gender and feminism 406
1
3
6
Legal issues in medicine 506
1
3
6
Legal philosophy 406
1
3
6
Liability for tortious communications 406
1
3
6
Maritime law 506
1
3
6
Media law 506
1
3
6
Modern European civil codes 406
1
3
6
Pacific comparative law 506
1
3
6
Professional practice 512
1
6
12
Professional practice (summer) 506
1
6
6
Research subject 406
1
-
6
Research subject 512
2
-
12
Restitution 506
1
3
6
Restrictive trade practices 506
1
3
6
Taxation 512
2
3
12
The law of public listed companies 506
1
3
6
The lawyer 506
1
3
6
Trial practice and advocacy 506
1
3
6
Wills, probate and administration 506
1
3
6

3 Prerequisites

Except with the approval of the subdean in consultation with the chief examiner, no candidate for any of the following subjects may enrol in such subjects unless, prior to such enrolment, he or she has completed LAW1100 (Legal process 100), the subject or subjects listed in column A of table 2, and has either, prior to such enrolment, completed, or is concurrently enrolled in, the subject or subjects listed in column B.

Table 2

Subject

Column A
Column B
Administration of criminal justice
-
Criminal law and procedure
Air law
Contract
Torts
Australian banking law
Contract
-
Civil liberties
-
-
Civil procedure
-
Torts * Contract
Commercial and consumer transactions
Contract
-
Comparative European legal systems
-
Torts * Contract
Conflict of laws
Contract * Property
Civil procedure * Torts
Constitutional law of Malaysia
-
-
Consumer credit
Contract * Property
-
Corporations and business associations law
Property
Equity and trusts
Credit and security law
Contract * Property
-
Crime and gender
Criminal law and procedure
-
Criminology
-
Criminal law and procedure
Current problems in constitutional law
Constitutional law
-
Current problems in criminal law
Criminal law and procedure
-
Drafting
-
-
Elements of forensic medicine
Criminal law and procedure
-
Environmental law
-
-
Equity and trusts
Property * Contract
-
Family law
-
Property
Federal criminal law
Criminal law and procedure
-
Human rights
-
-
Indigenous peoples and the law
-
Property * Criminal law and procedure
Industrial arbitration
-
Constitutional law
Insurance law
Contract
Torts
International environmental law
-
International law
International law
-
-
Labour organisations
-
-
Land contracts
-
Contract
Law and discrimination
-
-
Law and social theory
-
-
Law and society in Malaysia
-
-
Law, gender and feminism
-
-
Law of employment
Contract
-
Legal issues in medicine
-
-
Liability for tortious communications
-
-
Maritime law
Contract
-
Media law
-
-
Modern European civil codes
-
Torts * Contract
Pacific comparative law
-
-
Professional practice
Criminal law and procedure
-
Research subject
-
-
Restitution
Contract
Torts * Property
Restrictive trade practices
-
-
Taxation
Property
-
The law of public listed companies
-
Corporations and business associations law
The lawyer
Torts * Contract
-
Trial practice and advocacy
Criminal law and procedure * Civil procedure * Evidence
-
Wills, probate and administration
Property
-

4 Duplication of subjects

A candidate who has completed a subject listed in column A of table 3 obtains no credit towards his or her degree by subsequently completing the subject or subjects in column B.

Table 3

Column A

Column B
Advanced company law
The law of public listed companies
Bankruptcy
Insolvency
Basic income taxation
Taxation * Personal income taxation
Business associations
Legal persons
Civil procedure B
Civil procedure A
Commercial conflict of laws
Conflict of laws
Commercial finance
Credit and security law
Company law
Corporations and business associations law
Copyright and designs
Intellectual property I
Corporate insolvency
Insolvency
Human rights B
Human rights
Modern civil law A
Comparative European legal systems
Modern civil law B
Modern European civil codes
Patents for inventions
Intellectual property II
Personal income taxation
Taxation * Basic income taxation
Professional practice (summer)
Professional practice
Professional practice
Professional practice (summer)
Property II
Equity and trusts
Sale of goods
Commercial and consumer transactions
Taxation of interposed entities
Taxation
Trademarks and commercial designations
Intellectual property II

5 Honours classification and order of merit

5.1 The award of honours shall be based on the average of the weighted percentage grades awarded to a candidate in each law subject taken in the Monash Faculty of Law as part of his or her degree.

5.2 The Honours Committee will apply a bonus of 20 per cent to the mark obtained in LAW5207 (Research subject 512). This bonus will apply solely for the purpose of calculating the award of honours and classification of honours.

5.3 In December of each year, or as soon as practicable thereafter, the Honours Committee shall prepare a list of all candidates who have in that calendar year completed all the requirements for the degree of Bachelor of Laws and are eligible for the award of honours. This list shall be arranged in order of merit and show the class of honours recommended in respect of each candidate.

5.3.1 Candidates will only be considered for inclusion in the order of merit list for honours if a final mark in every subject required for completion of the requirements for the degree of Bachelor of Laws is available to the Honours Committee at the time the committee is determining the order of merit list.

5.3.2 Candidates who complete all the requirements for the degree of Bachelor of Laws as a result of supplementary or special (deferred) examinations in January or February will be eligible to apply to the Honours Committee to be included among the candidates awarded a Bachelor of Laws degree with honours in the immediately preceding calendar year. Such candidates are required to apply to the Honours Committee in writing for such inclusion, giving details of their results in the supplementary or special (deferred) examination(s). These candidates will not be included in the order of merit list of the preceding calendar year.

5.3.2.1 Candidates who do not make application to the Honours Committee in accordance with resolution 5.3.2 will, as a matter of course, be considered for the award of the degree of Bachelor of Laws with honours and inclusion in the order of merit list of the year in which they take the supplementary or special (deferred) examination(s) if their average weighted percentage grade warrants the award of the degree of Bachelor of Laws with honours.

5.3.3 Candidates will not be considered by the Honours Committee for the award of the degree of Bachelor of Laws with honours if they have already taken out the degree of Bachelor of Laws from Monash University.

6 Moot court

Attendance at seminars in LAW5500 (Moot court), attendance to observe the proceedings of one moot and write a report are requirements for the subject LAW5500 (Moot court).

7 Graduate studies delegations

7.1 In respect of part III of the faculty regulations it was resolved that the board delegate to the Graduate Studies Committee of the Faculty of Law all its powers, functions and duties except the approval of masters subjects under subsections 41.1 and 41A.1.

7.2 In respect of Part IV of the faculty regulations it was resolved that the board delegate to the Graduate Studies Committee of the Faculty of Law the following power and functions:

7.2.1 the power to admit a person as a candidate for the degree of Doctor of Laws pursuant to section 56 of the Faculty of Law regulations;

7.2.2 the function of appointing examiners of a doctoral thesis under section 61 of the Faculty of Law regulations; and

7.2.3 the function of considering examiners' reports in respect of candidates for the Degree of Doctor of Laws and to recommend to the board, that on the basis of the examiners' reports the candidate has satisfied the requirements for the degree.


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Authorised by the Academic Registrar December 1996