THE UNIVERSITY OF MELBOURNE FACULTY OF LAW
UNDERGRADUATE PROGRAM 1992 I
TABLE OF CONTENTS
Faculty of Law and Staff List I Dean's Message 7
INTRODUCTION
Enquiries 9 Dates in 1992 9 Available Courses 9 Faculty Officers: General Manager 10 Associate Dean & Program Manager (Undergraduate Studies) 10 Law School Office 11 Printed Notes 12 1992 Subject List 13 Subject Outlines of Compulsory Subjects 15 General Information on Choice of Third and Fourth Year Optional Subjects 31 Subject Outlines of Optional Subjects 37
STUDY RELATED MATTERS
1 Change of Course 103 2 Method of Assessment 106 3 Extensions 109 4 Special Consideration 110 5 Special Examinations 118 6 Honours Candidates 119 7 Supplementary Examinations 121 8 Form of Special or Supplementary Examinations 123 9 Joint Work 123 10 Cheating 123 11 Student Progress 127 12 Leave of Absence 129 11
GENERAL INFORMATION
Admission to Practice 131 Professional Admission Summer School 131 The Law Library 132 The Melbourne University Law Review 134
Centres Asian Law Centre 135 The Australian Institute of Judicial Administration 137 Centre for Comparative Studies 138 Centre for Natural Resources Law 139
Bachelor of Laws with Honours 140
Clubs and Societies Law Students` Society 144 Students' Legal Action Forum 145 Postgraduate Law Students' Society 145 Women's Law Collective 146 Asian Law Club 146 ALM APS 147 ALSA 147
Information for Students with Disabilities 148 Equal Opportunity Committee 149 Scholarships, Bursaries, Prizes and Financial Assistance 150 Schedule of Assessment 151 Textbooks for 1992 167 i
FACULTY OF LAW ACADEMIC STAFF
Mark Armstrong, Visiting Professor, BA (Syd) LLB (Syd) LLM (UNSW)
Sarah Biddulph, Lecturer, BA LLB (Syd)
David Brown, Temporary Lecturer, BA LLB (Tas)
Maureen Brunt, Professorial Fellow, BCom (Melb) PhD (Harv)
Michael Bryan, Senior Lecturer, MA (Hons) BCL (Hons)(Oxf) PhD (Lond)
Deborah Cass, Senior Tutor, LLB (Hons) (Melb)
Hilary Charlesworth, Senior Lecturer, BA (Hons) LLB (Hons) (Melb) SJD (Harv)
Sandford Clark, Harrison Moore Professor of Law, LLB (Adel) PhD (Melb)
Tanya Costello, Senior Tutor, BA LLB (Syd)
Gregory Craven, Reader, BA LLB (Hons) LLM (Melb)
Michael Crommelin, Dean, Zelman Cowan Professor of Law, BA (Qld) LLB (Qld) LLM (Br Col) PhD (Br Col)
Julie Dodds, Senior Lecturer, BA LLB (Melb)
Fred Ellinghaus, Senior Lecturer, LLB (Hons) LLM (Yale)
Robert Evans, Senior Lecturer, LLM (Lond) 2
John Farrar, Professor of Commercial Law, LLB LLM (London) PhD (Bristol)
Harold Ford, Emeritus Professor, SJD (Harvard), LLM (Melb)
Nicole Goldblatt, Senior Tutor, BA LLB (Hons) (Melb)
Mary Hiscock, Reader, LLB (Melb) JD (Chic)
Rosemary Hunter, Lecturer, BA (Hons) LLB (Hons) (Melb)
Richard Ingleby, Senior Lecturer, BA (Oxf) MA (Oxon) LLM (Cmb) DPhil (Oxon)
Richard Johnstone, Senior Lecturer, B Bus Sc (Hons)(Cape Town), LLB (Hons) (Melb)
Andrzej Kowalski, Lecturer, BA LLB (Monash), LLM (Br.Col.)
Heather King, Senior Tutor, LLB (Ruck) LLM (Melb)
Michael Lambie s, Associate Dean (Undergraduate Studies), Reader, LLB (Hons) (Lund) PhD (Rhodes)
Robert Lancy, Lecturer, BA LLB (Melb) LLM (Yale)
David Lanham, Kenneth Bailey Professor of Law, LLB (Leeds) BCL (Oxf)
Harold Luntz, George Paton Professor of Law, BA LLB (Witw) BCL (Oxf) LLD (Melb)
Susan MacCallum, Senior Lecturer, LLB LLM (Melb)
Laurence Maher, Senior Lecturer, LLB (Hons) LLM (ANU)
Ian Malkin, Senior Lecturer, BA LLB (Manit) LLM (Lond) 3
Penelope Mathew, Temporary Lecturer, BA (Hons), LLB (Melb)
Timothy McCormack, Lecturer, LLB (Hons) (Tas), PhD (Monash)
Kumar Menon, Lecturer, Department of Business Law, Faculty of Economics & Commerce, LLM (Monash) Barrister at Law (Inner Temple)
Jennifer Morgan, Senior Lecturer, BA (Syd) LLB (UNSW) LLM (Yale)
Wayne Morgan, Senior Tutor, BA LLB (Hons) (Melb)
Mark Moshinsky, Lecturer, LLB (Melb) BCL (Oxf)
Ann O'Connell, Senior Lecturer, BA (Hons) LLB (Hons) LLM (Melb)
Hayden Opie, Senior Lecturer, BCom LLB (Melb) LLM (Tor)
Glenn Patmore, Lecturer, BA LLB (Hons) (Monash), MA (Ont)
Greg Reinhardt, Senior Lecturer, BA, LLB (Hons) (Melb)
Megan Richardson, Senior Lecturer, BA, LLB (Wellington)
Murray Raff, Lecturer, B Juris, LLB (Hens) (Monash), LLM (Melb)
Lisa Sarmas, Senior Tutor, BA, LLB (Hons) (Melb)
Cheryl Saunders, Associate Dean, Research and Graduate Studies Director, Centre for Comparative Constitutional Studies, Personal Chair in Law, BA LLB (Hons) PhD (Melb)
Gerry Simpson, Lecturer, MA LLB (tions) DLP (Aberdeen), LLM (Br.Col)
Graham Smith, Reader, BA LLB PhD (Monash) 4
Malcolm Smith, Director, Asian Law Centre, Professor of Law, LLM (Harv) SJD (Harv) LLB (Hons) LLM (Melb)
Veronica Taylor, Lecturer, BA LLB (tions) (Monash)
Martin Vranken, Senior Lecturer, Lic. in Law, PhD (Leuven), LLM (Yale)
Sally Walker, Reader, LLB (Hons) LLM (Melb)
John Waugh, Lecturer, LLB (Hons) LLM BCom PhD (Melb)
David Wood, Senior Lecturer, BA (ANU) LLB MA PhD (Melb)
Susan Woodward, Senior Tutor, LLB (Hons) (Melb)
Sarah Worthington, Lecturer, BSc (Hons) (ANU), DipEd (Qld), LLB (Hons) (Qld), LLM (Melb)
Ann Wollner, Senior Tutor, LLB (tions) BA (Melb), MCL (Washington)
Joan Wright, Lecturer, BHSc (Otago) LLB (Hons) (Melb)
Faculty of Law Professorial Associates
Robert Baxt, BA LLB (Hons) (Syd) LLM (Harvard)
Sir Zelman Cowen, AK, GCMG, BCVO, PC
Peter Anthony Sallmann, LLB MSAJ (Wash) MPhil (Camb)
Robin Sharwood, LLM (Calif) SJD (Harv) BA (Melb)
Sir Ninian Stephen, AK, GCMG, BCVO, KBE 5
Visiting Academic Staff
Professor Peter Tague, Georgetown University Law Centre
Professor Anthony Hickling, University of British Columbia
Faculty of Law Research Fellows
Sean Cooney, BA LLB (Hons) (Melb)
Graham Hassall, BEd Art (Alexander Mackie CAE) BA (Hons) (Syd) PhD (ANU)
Anne Mullins, BA (Hons) LLB (Hons) (Melb)
David McKenzie, BEd (La Trobe)
Kate Smallwood, BA (tions) LLB (Hons) (Melb)
Independent Lecturers
Richard Boaden, LLB LLM
Robert Buttigieg, BA LLB (Monash)
Honourable Mr Justice Philip Cummins, BA DipCrim LLB
Gerard Glennan, LLB 6
Faculty Administration
General Manager, Brian Arthur
Program Manager (Undergraduate Studies), Frances Gilleard
Program Manager (Research and Graduate Studies), Michele Armstrong
Administrative Officer (Research and Graduate Studies), Kaye Nankervis
Administrative Services Manager, Patricia Russell
Development Officer, Elizabeth Foster 7
Learning at Law School
A message from the Dean
We rely on the fact that your colleagues in the Law will all be bright and highly motivated. This makes it possible to be uncompromising about. excellence and to teach an intellectually rigorous and stimulating curriculum.
Most learning occurs outside the classroom. What happens in class is merely the tip of the iceberg. You will be expected to assume responsibility for your own reading and learning, aided by reading guides and your instructors. You will find that classes, whenever possible, are opportunities to discuss what you've read; to evaluate it from new perspectives; and to practise skills as you acquire them.
Don't expect teachers to lecture you. Your teachers will prod and probe and sometimes guide. But you must come to class ready to ask and answer questions and prepared to have your question answered by question after question! To learn the lawyer's craft you must engage yourself in it.
There are other aspects to this. You will have to develop research, writing and oral skills, as well as a grasp of legal principle and methods. The advocacy program will introduce you to oral skills, forensic argument and cross-examination and the Law Students' Society runs a highly successful moot court competition each year.
That should be enough to warn you that Law School is an active not a passive experience. The onus is very much on you to get what you can from the course. Make the most of your opportunity! 8
We won't, of course, let you sink. A member of staff will be assigned as your mentor to help you get to know the ropes and avoid the obvious traps - and you can call on your mentor for help whenever you need it. Further, the two law subjects which students do in first year give a gradual introduction to the methodology and skills you will need to use later in your course. Those two subjects, History and Philosophy of Law and Torts and the Process of Law, have this in common: they will teach you to read acutely and probably more critically than you have done before. They will also allow you to observe and acquire many analytical and reasoning techniques, more by osmosis than conscious design.
Professor Michael Crommelin Dean of the Law School 9
INTRODUCTION
ENQUIRIES
Any written enquiries relating to courses should be addressed to the General Manager, Faculty of Law, University of Melbourne, Parkville, Victoria, 3052.
Personal enquires at the University should be directed to the General Manager or Program Manager, Undergraduate Studies, Room G-05, Ground Floor, Law Quadrangle.
Telephone enquiries can be made to:
Law School Office 344 6164 Law Library 344 6174
DATES IN 1992 Undergraduate Courses See 'Student Diary'
COURSES
The following courses are available in the Law School:-
(a) Bachelor of Laws may be completed in four years of full-time study. For further details attention is directed to the statue and the working rules. (b) Graduate Diplomas. (c) Master of Laws either by thesis or by examination. (d) Doctor of Philosophy (e) Doctor of Laws.
For further details about items (b), (c), (d) and (e) consult the Faculty of Law Graduate Handbook 1992. lo
Apart from these degree courses the Faculty provides instructions in the subjects of the courses prescribed by the Council of Legal Eduction.
Some subjects within the Bachelor of Laws and Master of Laws courses are available to be taken as Continuing Education subjects. Students considering enrolling in such subjects should contact both Office for Prospective and New Students and the Law Faculty.
ADVICE
General Manager, Faculty of Law
The Office of the General Manager of the Faculty of Law is located in Room G-13A on the ground floor level of the Law Quadrangle. The General Manager (Law) should be consulted in matters relating to the following:-
(1) Advice to potential students. (2) Student selection in all years.
Associate Dean's Office
The office of the Associate Dean (Undergraduate Studies) is located in Room 1-26 on the first floor level of the Law Quadrangle.
The Associate Dean (Undergraduate Studies) is assisted by a Program Manager (Undergraduate Studies) who deals with all student enquires in the first instance. The Associate Dean (Undergraduate Studies) is primarily involved in providing academic direction to the administration of the undergraduate studies program. The Program Manager (Undergraduate Studies) is responsible for most of the administrative areas previously covered by the Sub-Dean and should be consulted for advice concerning a variety of matters relating to students' studies. These areas are:
(1) Enrolment of all students (2) Advice on the granting of credit for studies undertaken elsewhere. 11
(3) Application for written work extensions (see below). (4) Discontinuance of studies, leave of absence, withdrawal from subjects. (5) Applications for Special Consideration (see below). (6) Notification from examination candidates whose native language is not English. (7) General course advice. (8) Study problem: The Program Manager (Undergraduate Studies) may be able to assist students who are experiencing study problems. The Special Skills Learning Programme is organised through the Associate Dean's office. (9) Notification of change of address:
It is essential that students keep the Faculty informed of current resident and semester addresses. If your address changes in the course of the year you should notify the Student Administration Office and the Office of the Program Manger (Undergraduate Studies). The latter notification should be made on a form which is available on request from the Law School Office.
Students on leave of absence must notify the Law School Office of their address for forwarding materials in the course of the year. This should be done at the time of re-enrolment.
LAW SCHOOL OFFICE
The Law School Office is located on the ground floor, East Wing of the Law Quadrangle.
Students are encouraged to seek information regarding location of lecturers, lecture theatres and any other information which may help to familiarise students with the Law School and its activities.
A staff of seven people, including the Administrative Services, are available to answer students' enquiries or direct them to the appropriate area for advice. The Office is also the area where students submit their 12 essays/assignments at various times throughout the year. The process for submission of essays/assignments is set out on p.152 of this Handbook. The Law School Office distributes all printed notes and materials. See the following for information concerning the sale of printed notes.
PRINTED NOTES
The Faculty of Law has introduced a system of cost recovery for printed notes. A separate fee is fixed for the notes in each subject, calculated in accordance with the number of pages of notes issued in the subject.*
Payment for printed notes is made at a prescribed bank using a pay-in slip issued at the Law School Office.
* Charges should range between $5 and $40. 13
1992 SUBJECT LIST
COMPULSORY SUBJECTS
730-204 Constitutional and Administrative Law (30) [Y] 730-202 Contracts (30) [Y] 730-102 Criminal Law and Procedure (20) [Y] 730-357 Equity (30) [Y] 730-105 History & Philosophy of Law (30) [Y] 730-203 Property (30) [Y] 730-104 Torts and the Process of Law (40) [Y]
OPTIONAL SUBJECTS
730-302 Advanced Administrative Law (20) [Y] 730-356 Advanced Constitutional Law (20) [Y] 730-309 Banking and Negotiable Instruments (10) [2nd] 730-334 Company Law (20) [Y] 730-370 Computer Law (10) [2nd] 730-404 Conflict of Laws (20) [Y] 730-349 Current International Legal Problems (10) [1st] 730-338 Employment Law (20) [Y] 730-374 European Community Law (10) [2nd] 730-313 Family Law (20) [Y] 730-369 Feminist Legal Theory (20) [Y] 730-350 Human Rights Law (20) [Y] 730-335 Intellectual Property (20) [Y] 730-307 International Law (20) [Y] 730-375 Introduction to European Civil Law (10) [1st] 730-414 Jessup Moot (10) 730-315 Jurisprudence (20) [Y] 730-340 Labour Relations Law (20) [Y] 730-412 Land Contracts (10) [Ist] 730-342 Law and Discrimination (20) [Y] 730-352 Law and Society in China (10) [1st] 730-327 Law and Society in Japan (10) [2nd] 14
730-358 Law and Society in Malaysia 10 [ 1st] 730-346 Law of Sales (20) [Y] 730-347 Law of Security and Secured Transactions (20) [Y] 730-305 Litigation (30) [Y] 730-348 Media Law (20) [Y] 730-501 Procedure [1st] 730-503 Professional Conduct [Y] 730-413 Research Project (20) 730-321 Restitution (20) [Y] 730-324 Restrictive Trade Practices (20) [Y] 730-323 Succession (20) [Y] 730-403 Takeovers and Securities Regulation (10) [2nd] 730-407 Taxation (20) [Y] 730-303 Torts 2 (10) [ 1st] 730-351 Trademarks and Commercial Designations (10) [2nd] 15
1992 COMPULSORY SUBJECTS LIST
Please note:
* Within the subject descriptions, an asterisk beside an individual's name indicates that they are the course co-ordinator for that subject.
* Subject descriptions do not carry details regarding assessment. Consult the `Schedule of Assessment' (at the end of this booklet) for information of this kind. 16
730-204 CONSTITUTIONAL AND ADMINISTRATIVE LAW
Mr Craven*, Professor Crommelin, Professor Saunders
4 Hours per week throughout the year
Aims and Objectives of the Subject:
To provide an understanding of the legal framework within which government in Australia is established and operates, and the capacity to apply the principles of law relating thereto. Both the historical development and the current working of government are examined.
Syllabus:
(1) The nature of public law
(2) British constitutional concepts
(3) Historical development of the Victorian constitution
(4) Models of federalism
(5) Historical development of the Commonwealth constitution
(6) Development of independence
(7) Constitutional amendment
(8) Separation of powers
(9) The judicature
(10) The legislature
(11) The federal financial and economic framework 17
(12) The Crown - immunities and privileges
(13) Commonwealth and State administration - organization, structure and functions; accountability to Parliament
(14) Review of administrative action - background and theory
(15) Judicial review - avenues, grounds and remedies
(16) Administrative review of the administration
(17) The ombuds
(18) Freedom of information
Teaching Methods:
Reading, lectures and seminars. A reading guide prescribes the content of the course and specifies materials which students are required to read, unless otherwise directed by the lecturer. All relevant reading should be done prior to lectures and seminars. Students will be referred to current developments in constitutional and administrative law throughout the year, and are also expected to follow those developments by reading appropriate newspapers and journals. Lectures concentrate upon aspects of the course which may present difficulties to students in their reading. Seminars provide an opportunity for students, through discussion of selected aspects of the course in small groups, to deepen their understanding of the principles of law and develop the capacity to apply those principles in practice. 18
732-202 CONTRACTS
Mr Ellinghaus* and Mr Brown
4 Hours per week throughout the year
Aims and Objectives of the Subject:
Contracts has as its aims that students:
(1) Understand the fundamental principles, rules, and concepts of the law of contract as it operates in Australia. It is not intended to cover the entire subject matter of the law of contract.
(2) Develop a capacity for critical evaluation of contract law according to self-generated and individually-accepted social and economic criteria, and within a broad theoretical perspective.
(3) Appreciate and understand the importance of the historical developments and continuum of contract.
(4) See the tensions created within the law by differing policies, perceptions, and needs; and see the reform of the law in this context.
(5) Acknowledge and assess the differing sources of the law; legislatures, judges, custom and usage, and the intention of the parties.
(6) Develop further skills of legal research and the capacity to resolve contract problems orally and in writing.
(7) Acquire a basic understanding of the importance of a comparative study of contract law, including comparisons with some customary law and civil law. 19
(8) Appreciate the significance of contract law to commercial activity.
(9) Become interested in, enjoy, and find satisfaction in the study of and research into the law of contract.
Syllabus:
The history and origins of contract law in Australia.
Study of classical and contemporary theories of contract rights and liabilities; the interaction of social, economic, and political forces with contract law and its reform; the role of courts and judges and the commercial community in developing the law; alternative methods of contract dispute resolution; cross-cultural problems in contract making and enforcement; and some comparative study of other systems of contract law.
Formation of contracts (including offer and acceptance, intention to create legal relations, consideration, certainty of terms, privity and some aspects of agency); construction of contracts (including express and implied terms); evidentiary requirements; capacity; impaired contracts (including mistake, misrepresentation, unconscionability, duress, undue influence, illegality, discharge of contracts, and remedies.
730-102 CRBILNIAL LAW AND PROCEDURE
Professor Lanham*, Mr Evans, Ms Morgan, Professor Tague
3 Hours per week throughout the year
Aims and Objectives of the Subject:
The main aim of the course is to enable students to learn and understand the basic principles of criminal law in terms of the purposes of punishment, the structure of criminal liability, offences of homicide, non- 20 fatal injury, sexual offences and offences of dishonesty. Basic principles like the requirement of a criminal act, a criminal mind and the availability of relevant defences are shown in action not only in the crimes listed but also in relation to a wide range of statutory offences where basic principles are left to be implied. Certain frequently recurring and important defences are examined in detail as are the position where a criminal act is unsuccessfully attempted and the situation where multiple parties are involved in the execution of a criminal design.
The course is taught in such a way that students should be able to state relevant principles of law in abstract terms and also apply them to any factual situation to which they may be relevant. Much of the emphasis is on current Victorian law but students, where appropriate are required to consider whether the present law is the best solution to the problem in the Iight of alternative solutions presented in dissenting judgments, decisions from other jurisdictions or earlier times, public criticisms of the law, law reform proposals and the student's own sense of justice. No attempt is or could be made to cover every aspect of criminal law nor is every criminal law reform proposal considered in detail. In both respects the course has to be selective. Students are expected however to master all of the topics presented. An examination question might for example raise issues relating to rape, personal injury, intoxication, attempt and accomplices, though each of these topics is dealt with at different times in. the course.
An opportunity will be given to students to write a research essay on a criminal law topic. They will be expected to discover and state the present law and to make such recommendations for reform as appear desirable.
Syllabus:
The nature and purposes of the criminal law and the aims that branch of the law seeks to achieve. Detailed examination of homicide, less serious offences against the person, and theft (including crimes analogous to theft) with less detailed consideration of some other crimes. Doctrines applicable to all crimes, e.g., various defences which can be made to a 21
criminal charge, the law of complicity and attempt, and the requisite mental element of a crime. The student is encouraged to consider not only what the decisional law is, but also what it ought to be.
730-357 EQUITY
Dr Bryan*, Mr Morgan, Ms Goldblatt, Ms Sarmas
4 Hours per week throughout the year
Prerequisites:
Property
Aims and Objectives of the Subject:
(1) To familiarise students with the principal equitable doctrines and remedies;
(2) To impart a thorough understanding of the relationship between equity and common law, and of how equity is administered in modern times;
(3) To demonstrate the contemporary relevance of equity and its significance in the regulation of transactions, relationships and institutions;
(4) To analyse critically recent Australian developments in equity jurisprudence;
(5) To study the trust, its origins and purposes, and its relationship with other methods of disposition (such as contract) and with other kinds of institution (such as companies). 22
Syllabus:
Trusts, the substantive doctrines of equity apart from trusts, and equitable remedies. About half the course will be devoted to Trusts. Topics to be covered will be taken from the following: the history and nature of equity; equitable rights, titles and interests; equitable assignments; estoppel; fiduciary obligations; unconscionable transactions; penalties and forfeiture; confidential information; the nature and creation of trusts; particular kinds of trusts; duties and powers of trustees; rights and liabilities of trustees; specific performance; injunctions; declarations; damages in equity; other equitable remedies; equitable defences.
730-105 HISTORY AND PHILOSOPHY OF LAW
Ms Hunter*, Mr Simpson*, Mr Lancy, Ms Mathew, Mr Morgan, Mr Raff, Ms Sarmas
2 Hours per week throughout the year
Aims and Objectives of the Subject:
This course aims to provide students with a basic introduction to history, philosophy and sociology of law and will complement the skills taught in the other first year course, Torts and the Process of Law. It will introduce students to some of the basic issues and debates in these disciplines. In addition it will provide students with the skills to explore issues relating to the history, philosophy and sociology of law, and encourage them to bring an awareness of these issues to the subjects that they will study later in the degree.
At the end of this course, students should: (1) Have gained an understanding of the origins and development of the Australian legal system; 23
(2) Have an appreciation of the ways in which particular historical narratives about law have been and can be constructed;
(3) Be able to use history as a critical tool in the evaluation of universal claims about law;
(4) Be able to use history to understand selected contemporary legal problems;
(5) Understand and be able to evaluate critically some of the major historical and contemporary debates in legal philosophy and the sociology of law, including issues in law and economics, law and feminism, law and anthropology and comparative law;
(6) Understand the close inter-relationship of issues in the history, philosophy and sociology of law;
(7) Have an awareness of issues of race, class, gender, ethnicity and disability in the study and practice of law;
(8) Have developed enough of an understanding of legal history, legal philosophy and the sociology of law to be able to bring the concepts and debates in these disciplines to their study of other courses in the curriculum;
(9) Have developed an enthusiasm for, and an interest in, legal history, legal philosophy and the sociology of law;
(10) Be able to demonstrate an ability to write about issues and debates in the history, philosophy and sociology of law;
(11) Have developed oral skills by contributing to group discussions on the selected topics in the history, philosophy and sociology of law; and
(12) Have developed an attitude to legal education which accepts pre- reading, reflection and class discussion as essential to learning. 24
Syllabus:
Topics will include: (1) Introduction to the History of Law in Australia
(i) History as narrative - Aborigines and Law; (ii) History as a critical tool - equality before the law; and (iii) History as explanation - contemporary legal issues.
(2) Introduction to Normative and Empirical Legal Theory
(i) Objectivity and its critics; (ii) Consensus and antagonistic models of society; (iii) Empirical research methodologies; (iv) The content of law; (v) Ideology and the rule of law;. (vi) Law in action - the legal profession; (vii) Regulation - public and private; (viii) What judges do when they decide cases; and (ix) Law in action - courts.
730-203 PROPERTY
Ms MacCallum*, Mr Raff, Ms Biddulph, Ms O'Connell, Ms Dodds
4 Hours per week throughout the year
Aims and Objectives of the Subject:
The course aims to introduce and distinguish the fundamental legal concept of proprietary and possessory interests in relation to both land and goods. With reference to relevant case law, it attempts to define and to critically evaluate the essential characteristics of a proprietary interest. The possible sources of, and different judicial approaches to, property rights are considered, and policy issues relevant to their identification are 25 discussed. Within this framework, the course sets out to provide a thorough grounding in a number of basic topics central to the law of property. It aims to reinforce and develop students' skills in case analysis and statutory interpretation, and to apply rules in the accurate resolution of problems. Students' abilities to evaluate the social role and implications of the legal Mes of property and the desirability of reform should also be developed.
Syllabus:
The analysis of the basic principles of the law of property, transcending the traditional boundaries of real and personal property, convening concepts which are important in both areas. The meaning of the concept of property and the purposes that are, or ought to be, fulfilled by the law of property. The traditional common law classification of real and personal property is examined in a number of contexts (for example, fixtures). Detailed analysis of basic concepts such as possession as a proprietary interest in land and goods, fragmentation of proprietary interests, priorities and the modification of the common law priorities system by statutory regulation as in the case of Torrens system, and acquisition of proprietary interest in lands and goods, with a brief study in the context of specific interests such as leases, easements, restrictive covenants and mortgages. More detailed treatment is provided in later year optional subjects. This subject includes an introduction to some concepts of the law of trusts. 26
730-104 TORTS AND THE PROCESS OF LAW
Mr Malkin*, Mr Lancy, Professor Luntz, Mr Maher, Mr Opie Mr Patmore, Ms Wright, Professor Smith
4 Hours per week throughout the year
Aims and Objectives of the Subject:
This course aims to serve as an introduction to law generally as well as to provide the framework for the development of a number of legal skills. Both this introduction and skill framework will be accomplished by examining the law of torts. It will complement the study of the history, philosophy and sociology of law undertaken by students in the other first year course, History and Philosophy of Law.
At the end of this course, students should:
(I) have developed an understanding of the institutional structure of Australian government and the sources of law;
(2) have acquired legal research skills;
(3) have acquired legal writing skills;
(4) have acquired oral skills by contributing to group discussions on the topics selected from the law of torts;
(5) have acquired an ability to evaluate critically the development of law through cases and judicial decision making;
(6) have acquired an ability to evaluate critically statutory law, by learning how to read and interpret legislation;
(7) have developed an understanding of the ways in which the law of torts operates; 27
(8) have developed an ability to critically evaluate the theoretical underpinnings of the tort of negligence;
(9) have developed a detailed understanding of the way in which negligence law operates in Australia;
(10) have developed an ability to critically analyse whether negligence law successfully fulfils its aims;
(11) have developed a basic understanding of proposals to reform the common law of negligence;
(12) have developed an understanding of how the law of torts operates in a broad social, economic and political context;
(13) have developed an enthusiasm for and an interest in the study of tort law in particular, and law generally; and
(14) have developed an attitude to legal education which accepts pre- reading, reflection and class discussion as essential to learning.
Syllabus:
The law of torts is concerned with the protection of personal injury, property, and personal economic interests. It allocates losses primarily by requiring the person who wrongfully invades a legally protected interest to make monetary compensation at the suit of the person harmed. In particular, this subject will provide a critical and theoretical perspective on those torts which affect the law of compensation for personal injury and damage to property, with a significant amount of time devoted to an analysis of the tort of negligence. In doing so, the policy issues and reforms relating to alternative forms of accident compensation will be considered. Selected torts not within the broad conceptual framework of accident compensation may be studied if time permits. 28
Topics will include:
1. What is a tort?;
2. Institutional structure of Australian government, and sources of law;
3. Library skills, research skills and writing skills in the context of tort law;
4. The doctrine of precedent in the context of negligence law, and the duty to take care;
5. Specific application of the doctrine of precedent: for example, nervous shock;
6. Breach of duty: in particular, an analysis from a feminist perspective;
7. Proof of a negligence action, including proposals for reform;
8. Causation and remoteness of harm;
9. Defences;
10. Compensation theory, and proposals for reform;
11. Critical legal studies: an analysis of negligence law;
12. Particular negligence situation: product liability, including the thalidomide tragedy and 'development risk' defence;
13. Particular negligence situation: negligent professionals, including doctors and lawyers;
14. The litigation process: examination of pleadings: 29
15. Particular negligence situation: omissions and the conduct of others;
16. Particular negligence situation: rescuers;
17. Particular negligence situation: occupiers' liability;
18. Assessment of damages: in particular, an analysis from a feminist perspective;
19. Assessment of damages in the context of proposals for reform;
20. Fatal accidents and survival of actions;
21. Law reform: how to read the Transport Accident Act 1986 (Vic.);
22. The Accident Compensation Act 1985 (Vic.), ('Workcare');
23. Statutory interpretation;
24. Breach of statutory duty;
25. Economic loss;
26. Mooting a negligence problem: AIDS and tort law;
27. Intentional tort: assault and battery;
28. Strict liability tort: liability for animals;
29. Vicarious liability; and
30. Contribution. 30 31
GENERAL INFORMATION ON CHOICE OF OPTIONAL SUBJECTS
In the following pages information is given on each of the optional subjects available in 1992. The descriptions are longer and more informative than those previously included in the handbook in order to assist the student in making his/her choice. With the exception of Equity, and a Legal Theory subject, all third and fourth year law subjects are optional. This gives the student a wide range of subjects from which to design a course over these two years. The subjects vary in value from ten points to thirty points. Experience has shown that many students are uncertain what considerations should guide their choice of subjects. The following observations are intended to assist in this respect. It is perhaps as well to start with a few don'ts.
The student should not allow the choice of subjects to be influenced by assumptions about future career or prospects of getting articles. There are several reasons for this. Most students are unlikely, whilst still only halfway through their law course, to be able to make any reliable prediction about the details of their future careers. Even if students know with reasonable certainty what sort of a career they intend to follow in general terms, they may not realise that the precise areas of law with which they will ultimately be most concerned are likely not to be theirs to choose. The demands which the community is making on the legal profession are changing all the time, with corresponding changes of emphasis on different areas of the law. Moreover, even if students do know in general terms what sort of a career they wish to follow, it is not necessarily the case that they will succeed in doing so.
Even if such expectations or hopes do prove to be well founded, there is the important consideration that it is not necessarily an advantage to have spent a substantial part of university time studying precisely those areas of law in which one is likely to be engaged for the rest of one's life. By doing so the only opportunity to acquire a serviceable knowledge of other areas of law may be lost. It is quite mistaken to assume that a specialist needs to know nothing of other parts of the law. On the contrary, one 32 whose skills are so limited is likely to lack that sense of perspective which is necessary to make the best use of special expertise. Most problems involving the law are not narrowly specialised but have many different aspects. It is for this reason that failure to possess a general knowledge of the fabric of the law at large is a professional defect in any lawyer.
Similar considerations apply, with even greater force, to the matter of articles. Some students approach their choice of optional subjects upon the mistaken assumption that some subjects will enhance their chances of getting articles whereas others will not. There is no known evidence to support this. Of course, if a student is fortunate enough to be discussing articles with a firm of solicitors before choosing third or fourth year subjects he or she may wish to find out if the prospective employer has any views on the matter. The student may be influenced by such views, but would probably be making a mistake to apply too much attention to them. It is extremely unlikely that any firm of solicitors would allow its choice of a suitable articled clerk to be more influenced by the particular subjects which a student takes at university than by personal qualities and background and the results of examination.
It is not sensible for students to undertake a course in which they are not interested. The chances are that they will not do as well as they would if they were studying something in which they were interested. This ought to be so obvious as not to need express statement, but some students seem to overlook it. The first positive principle therefore is that students should choose options primarily by reference to what they are interested in.
The second positive recommendation is that students should not go to the opposite extreme and concentrate options in one relatively narrow field on the basis that they know they are interested in that area but are uncertain about others. If they do this they are to a considerable extent wasting the opportunities which a wide range of options spread over two entire years otherwise gives. If students pay attention to the published details of subjects they will see that numbers of them are more or less closely 33 related to each other. They do not cover exactly the same ground but treat the same general area, differing basically in points of view rather than subject-matter. Where subjects appear to be related in this way students may well be able to see at once which approach is more likely to appeal. If they are not sure, they should seek further guidance on the character of the courses from the persons who teach them, or from the advisers to whom they are directed when deciding options.
To some students it may be more important to know who is teaching a course than precisely what is in it. Teachers vary just as widely in their methods and students vary just as widely in their responses. If a student knows, or has a good reason to believe, that a particular member of staff teaches in a way which holds the student's attention, it may be a wise move to enrol in a course which that staff member is offering.
Mother factor not to be overlooked is the method of assessment proposed for a course. Students vary in their abilities and preferences in relation to different modes of assessment. Some, for example, prefer writing to sitting three-hour examinations. On the other hand research papers are time-consuming. Too many should not be undertaken in any one year. This may have a direct bearing on choice of options.
The foregoing advice has been couched in general terms, without reference to any particular optional subject, quite deliberately. Particular examples of subjects to illustrate particular points can be misleading. Inevitably they direct the student's attention to the existence of those subjects but not to others, from which it may be wrongly concluded that they have some special relevance. Moreover it is obviously impossible to give examples of the case where the student may have his or her mind on the instructor than on the subject-matter. Nevertheless, some students may feel that they do not get a clear enough picture of a course from this guide or the handbook. They should seek further information from the person teaching the course in question or the Associate-Dean.
The options are there for students to exercise their own choice. If, in the guise of advice, the Law School set about the business of telling them 34 what subjects they should take, the whole point of the options system would be lost. It may be worth reminding students that the options system came into existence in response to pressure over many years from the student body itself. Now that the opportunity is there for students to play a major part in constructing their own legal education, they should take it and not expect the Law School to make up their minds for them. To repeat, when in doubt they should fall back on the question whether they think they are likely to be interested in any particular course. That should be the overriding consideration.
Finally, there are of course one or two restrictions on the range of choice. One is that subjects must be selected so as to conform with the points requirements of the LL.B. Another is that a subject in which students think they might be interested may have a quota limitation. If so, they should consider whether they are genuinely interested in that course or only contemplating it as a fill-up to attain points. If the latter is the case, they should take into consideration that if they help to fill the quota they may be taking places away from others who are more genuinely interested. They may also find that the choice of options is affected by prerequisites.
As against these limitations, there is one factor which operates effectively as an extension of choice. Students who intend to enter legal practice must have passed in Evidence, Procedure, Professional Conduct before they can be admitted. The optional LL.B. subject of Litigation is recognised as satisfying the requirements of passes in Evidence and Procedure. It is not, however, essential that this subject be taken as part of the LL.B. degree. From 1994 the same will apply to Company Law. The subjects which are prerequisites for admission may be undertaken (with some ' limitations) after completion of the LL.B. either at the Professional Admission Summer School conducted in January and February each year or in courses offered during the normal academic year. It follows that if students are anxious to maximise the opportunities made available at university, they should bear in mind that if they take Litigation and Company Law as part of the LL.B. they are losing the opportunity to take other optional subjects which are not offered except as 35 part of the LLB. degree. It must be realised, however, that an enrolment for more than three subjects in the Summer School may not necessarily be approved.
DETAILS OF OPTIONAL SUBJECTS
The following information is primarily designed to provide essential information for students in their selection of optional subjects for 1992. The subject descriptions have been prepared by the each subject's co- ordinator and, in general, state the aims and objectives of the course and an indication of the type of syllabus to be followed. Except in the case where the subject has particularly lengthy requirements for assessment, assessment details have not been included in this section of the handbook. Students should consult the 'Schedule of Assessment' on p.152 for this information. 36 37
1992 OPTIONAL SUBJECTS LIST
Please note:
* Within the subject descriptions, an asterisk beside an individual's name indicates that they are the course co-ordinator for that subject.
* Subject descriptions do not carry details regarding assessment. Consult the 'Schedule of Assessment'(at the end of this booklet) for information of this kind. 38
730-302 ADVANCED ADMINISTRATIVE LAW
Mr Craven* and Mr Maher
2 Hours per week throughout the year
Prerequisites:
Constitutional and Administrative Law
Aims and Objectives of the Subject:
To lead students to an understanding of the administrative law at an advanced level.
To enable students to learn the principal grounds on which governmental action may be challenged.
To examine in depth the principle grounds on which the courts will review governmental decisions.
To pursue one or more of the objectives set out below.
(a) To outline the procedures and jurisdiction of the Commonwealth and Victorian Administrative Appeals Tribunal.
(b) To examine the main provisions of Commonwealth and Victorian Freedom of Information legislation and its interpretation.
(c) To discuss one or more case studies which illustrate contemporary government decision-making and the operation of various bureaucratic and administrative 39
agencies and tribunals which review governmental decisions.
Syllabus:
The relationships between the citizen and the executive branch of government.
This subject owes its significance to the fact that in the modern community the life of the citizen is likely to be very much affected by increasing powers of regulation and decision making, vested in the executive arm of government of instrumentalities brought into being by the executive arm of government. Such powers may be manifested by wide authority to enact subordinate legislation given to the Governor-in- Council or by considerable discretions in decision-making given to tribunals which function quite independently of the courts of law.
The subject concerns the extent to which and the means by which such powers are rendered subject to judicial control and scrutiny. Judicial control may be exercised over delegated legislation, whether by the executive or by local authorities, by means of the doctrine of ultra vires and by various techniques, such as the prerogative writs over those powers of decision-making vested in 'administrative tribunals' which are, usually, though not very precisely, termed 'judicial' or 'quasi-judicial'.
The changing face of administrative law, which now produces an ever- increasing number of decisions each year, involves more and more critical inquiry into the adequacies of the traditional methods of review. The topic primarily involves the question validity of administrative decisions, but the issue of the liability of the administrators for their acts may be also involved. This course is not intended to cover the whole field of administrative law. It will focus on a number of aspects of current administrative law problems, e.g., freedom of information, the AAT in action, the delegation of powers, the doctrine of 40
unreasonableness; the content and emphasis may change from year to year in response to developments in the area.
730-356 ADVANCED CONSTITUTIONAL LAW
Professor Saunders* and Professor Cronunelin
2 Hours per week throughout the year
Prerequisites:
Constitutional and Administrative Law, or its equivalent. Participants will be assumed to have a good basic knowledge of the Australian constitutional system.
Aims and Objectives of the Subject:
To provide an opportunity for more comprehensive examination of particular aspects of Australian constitutional law and practice, selected for their immediate relevance and/or significance for the system as a whole;
To enhance understanding of the operation of the Australian constitutional system in the light of relevant constitutional theory; and
To evaluate the Australian constitutional system, in form and operation.
Teaching arrangments:
26 x 2-hour classes, seminar-style. All members of the class will be expected to participate. Special guests may be invited for particular classes or topics, including other members of staff currently conducting research on the subject matter in question or having a particular interest in it; legal practitioners, for this particular perspective on constitutional 41
adjudication; and visitors to the Centre for Comparative Constitutional Studies.
Syllabus:
Some variation on the following outline may be made before the course begins in 1992.
Substantive topics are likely to include:
(1) The authoritative basis of Australian constitutions
(2) The courts and Australian federalism - intergovernmental immunities division of legislative power
(3) The Australian common market
(4) Constitutional guarantees of rights
(5) Executive power and functions
(6) The Australian judicial system
The substantive topics will also be used as vehicles for discussion of:
(1) The role of Constitutions;
(2) Underlying principles of the Australian constitutional system;
(3) Judicial technique in constitutional matters; and
(4) The respective functions of the three main branches of government. 42
730-309 BANKING AND NEGOTIABLE INSTRUMENTS
Professor Luntz*
2 Hours per week throughout the second semester
Aims and Objectives of the Subject:
(1) To demonstrate the application of general principles of contract law to the specific contractual relationship of banker and customer, and to familiarise students with the particular rules that apply to such contracts, having regard to the social context in which they operate.
(2) To provide students with an understanding of the concept of negotiability and its utilisation in relation to the complex contractual relationships that arise under the common forms of negotiable instrument.
(3) To familiarise students with the partial codes of law embodied in the Bills of Exchange Act 1909 (Cth) and the Cheques and Payment Orders Act 1986 (Cth), and some of the case law relevant to their interpretation.
(4) To provide students with an understanding of how the financing of international trade is facilitated by means of bankers' commercial credits and negotiable instruments, and of the legal basis of such documents.
Syllabus:
The Australian banking system; the nature of the banker-customer relationship. The concept of negotiability; detailed analysis of the bill of exchange, promissory note and cheque. Contractual rights and liabilities arising from the use of these instruments. Special rules relating to 43
cheques, particularly lost and stolen cheques. Credit cards. Bankers' commercial credits as used in the financing of international trade.
Relation to other subjects:
Banking and Negotiable Instruments is one of a broad group of subjects dealing with commercial law, the fundamental one of which is Law of Saks. It is discrete in itself and need not necessarily be taken in conjunction with any other course. Nevertheless, since a large part of banking business consists in lending money on various securities, and since the law relating to securities is not dealt with in this course, student who have a particular interest in pursuing a career that may require a knowledge of banking law should at some time also have taken the course on Security Law in order to become familiar with the principles applicable to various types of securities.
730-334 COMPANY LAW
Professor Farrar*, Professor Ford, Ms Woodward
2 Hour lectures per week throughout the year 1 Hour seminar per week throughout the year
Students who have previously completed Company Law 1 may not enrol in this subject.
Prerequisites:
There are no prerequisites, although students should have completed the compulsory subjects except for Equity, which may be studied concurrently. Knowledge of, or at least interest in, commercial and business affairs is an advantage. 44
Aims and Objectives of the Subject:
To introduce the student to the distinctive concepts of corporate legal personality and provide practical instruction on the law relating to companies and associated matters.
Syllabus:
The law relating to companies: the artificial legal nature of companies marks them out as a field for separate study.
General Concepts
Unincorporated associations and their incidents; the history of the law of corporations; the constitutional basis of companies legislation; the concepts of limited liability and corporate personality; the various types of companies and their attributes, the incorporation process.
Internal organisation of companies
The law relating to the two major organs of the company, the board of Directors, and the General Meeting: administration and management, the office of directors, duties and liabilities of directors and officers, accounts and audit, protection of minority shareholders, members' remedies and meetings.
Legal relations with outsiders
The way in which a company, as an independent but artificial legal entity, conducts legal relations with outsiders: the corporate constitution; the company's capacity to sue and be sued, to own property and to make contracts and dispositions; liability for wrongs and lifting the corporate veil. 45
Company finance
The sources and methods of company finance and its regulation: share capital, classes of shares, dividends, membership and share rights, debentures and loan finance.
Companies in difficulty
Schemes of arrangement, receivership, official management and winding up.
730-370 COMPUTER LAW
Mr Hughes* and Dr Lambins
2 Hours per week throughout second semester
Aims and Objectives of the Subject:
The subject aims to demonstrate the application of principles drawn from various fields of Law to the problem presented by the utilization of computers in society.
Students should develop an understanding of the relevant legal principles, assess the appropriateness of these principles in their application to computers, and consider alternative responses to the problems examined in the subject.
Syllabus:
Introduction to computer law
Computer crime: traditional problems and legislative responses. 46
Computers and evidence
Data protection: the issues and legislative responses. Computer crime and data protection: a practical problem. Intellectual property: computer programs, semiconductors and data bases. Computer contracts: the issues and a practical problem Taxation issues.
730-404 CONFLICT OF LAWS
Mr Moshinsky*
2 Hours per week throughout the year
Prerequisites:
Conflict of Laws is concerned with the private international law aspects of all other substantive subjects and for this reason can only be taken in the fourth year of the law course.
Aims and Objects of the Subject:
(1) To examine the theoretical and policy underpinnings of Australian principles of conflict of laws;
(2) To examine the bases on which Australian courts will assume jurisdiction in a matter containing a foreign element;
(3) To examine, with respect to selected substantive areas of law, the choice of law rules to be applied by Australian courts;
(4) To examine the rules relating to the enforcement of foreign judgments in Australia; 47
(5) To consider the extent to which, with respect to States and Territories, conflictual rules are to be altered or modified by reason of the Australian Federation.
Syllabus:
The course covers a broad spectrum of situations in which the common denominator is that the facts of each transaction or case disclose a foreign or interstate element. General introduction, including theories of conflicts of laws. Consideration of situations in which courts will assume jurisdiction over a matter and an analysis of connecting factors, notably the concept of domicile. The choice of law rules and characterisation questions that arise in a number of substantive areas of law, including family law, torts, contracts, currency and interest rates, assignments of property inter vivos and succession to property. Consideration of the enforcement of foreign judgments and the question of federal jurisdiction and full faith and credit.
A more detailed outline of topics and the order in which they are to be studied will be issued at the commencement of the course.
730-349 CURRENT LITERNATIONAL LEGAL PROBLEMS
Dr Charlesworth*
2 Hours per week throughout the first semester
Aims and Objectives of the Subjects:
To investigate selected topics in international law in considerable depth and to provide a detailed background in international law and practice. 48
Syllabus:
Intensive study of areas on International Law of current significance in the international community, or to Australia in particular, which are given only general or no coverage in International Law. The course will focus on several topics which may include: international economic law, international institutions, disarmament and arms control, international refugees law, the 'New International Economic Order', humanitarian law, the Antarctic Treaty system, Law of Outer Space. The course will be sufficiently flexible to accommodate other international legal issues of contemporary significance as they arise. 1992 topics will include: disarmament and arms control; international legal theory; gender and international law; international environment law; war crimes; international humanitarian law; international dispute resolution.
730-338 EMPLOYMENT LAW
Dr Vranken*
2 Hours per week throughout the year
Prerequisites:
None, but it would be advantageous for students to undertake Industrial Relations Law.
Aims and Objectives of the Subjects:
Students should gain a thorough grounding in the 'individual' and common law aspects of Labour Law, and Occupational Health and Safety Law, and an appreciation of the wider industrial relations framework within which these operate. 49
At the end of this course students should:
(1) Understand the historical development of the contract of employment and appreciate how that development has affected the nature of the contract of employment;
(2) Be able to demonstrate an understanding of the principles of the contract of employment;
(3) Be able to demonstrate an understanding of the way in which the contract of employment forms the foundation stone of the institutional system of labour law in Australia;
(4) Understand the need for and consequences of statutory regulations of the contract of employment and of termination of employment in particular;
(5) Understand the history and the political economy of the legal regulation of health and safety in the workplace;
(6) Be able to explain, analyses and apply the common law, industrial awards and statutory provisions which attempt to regulate health and safety in the workplace;
(7) Have further developed the fundamental legal skills of analysing, applying, synthesising and evaluating legal rules and principles, and
(8) Have developed a system of values pertaining to, and a greater interest in, the role of the law in regulating workplace relations. 50
Syllabus:
(1) Introduction.
(2) The individual employment relationship.
(a) The nature of the employment relationship and the evolution of the contract of employment.
Creating the contract of employment.
Categorizing the employment relationship.
Sources and content of the contract of employment.
Common law restraints upon freedom of contract.
Implied terms and the contract of employment.
The employer's right to discipline.
Termination at common law.
Common law remedies for wrongful termination.
The public sector.
(3) Statutory intervention into the individual employment relationship.
An introduction to the industrial tribunal system.
The law of unfair dismissals.
Discriminatory dismissals. 51
(d) Termination change and redundancy.
(4) Occupational health and safety.
(a) The nature of the problem.
(b) The role of the law.
(c) The new 'preventative' approach
The Occupational Health and Safety Act 1985 (Vic) National Occupational Health and Safety Commission Act 1985 (Cth). The role of the Industrial Tribunals
(d) Compensation and rehabilitation.
Accident Compensation. Act 1985 (Vic). The administration of Workcare.
(e) Reform of individual labour law. 52
730-374 EUROPEAN COMMUNITY LAW
Dr Vranken*
2 Hours per week throughout the second semester
Syllabus:
Origins and objects of the European Communities; why the EEC was set up, how it functions, and how it has influenced the legal order both within the member states and beyond. The interaction between supra- national and national law may be of particular interest when seen against the federal Australian backdrop. Topics to be covered include: Institutional structure; Formal Sources of EEC law; Issues of Implementation and Enforcement; Substantive EEC Law.
730-313 FAMILY LAW
Ms MacCallum*
2 Hours per week throughout the year
Aims and Objects of the Subject:
(1) To provide an understanding of the legal framework which regulates the rights and duties of family members in Australia;
(2) To develop the analytical, critical and theoretical skills nurtured in other courses to legal issues arising from the family; (3) To appreciate and understand the factors underlying the process of law reform as it concerns the family; 53
(4) To create a climate of enthusiastic inquiry into areas of family law which demand further scholarship and research;
(5) To acknowledge the problems in the application of family law in legal practice.
Syllabus:
The formation and termination of marital status.
The consequences of marital status for the rights of parents and children.
The alteration of children's status by orders for adoption, custody, guardianship, and wardship.
Regulation of financial relationships between family members.
Physical protection of family members.
Processes used inside and outside the courtroom for the resolution of family disputes.
Constitutional issues about the extent of the Family Court's jurisdiction.
730-369 FEMLNIST LEGAL THEORY
Ms Morgan*
2 Hours per week throughout the year
Aims and Objectives of the Subject:
The aim of Feminist Legal Theory is to introduce students to a substantial body of recent legal writing which takes a feminist standpoint on legal 54 theory, doctrine and practice. The material covered looks at the ways inequalities between men and women are structured by law, and how law can be used to reduce those inequalities. The course is not a `women and the law' course, i.e. it does not parade an array of areas of the law and explore where women have been subordinated. Rather, it aims to provide a solid theoretical foundation that will enable students to understand linkages between various legal doctrines and practices which have contributed to the inequality between men and women. The doctrinal areas included are used to illustrate central themes in the course. The course aims to cross doctrinal boundaries so that students should get a new perspective on areas of law otherwise taught as discrete, and unconnected, bodies of doctrine. It is also interdisciplinary, introducing students to feminist writing in sociology, philosophy and psychology which bears on an understanding of law and legal theory.
Further specific objectives are included in the following syllabus description.
Syllabus:
`Why Law and Feminism?'
A preliminary exploration of feminist engagement with legal doctrine and practice, focusing in particular on feminism in law schools. By the end of this part, the student should have a notion of the broad array of doctrinal areas covered and challenged by a feminist theoretical standpoint and understand that a feminist legal analysis can be used in areas beyond those traditionally identified as `women's issues'.
Divisions, Dichotomies, Difference and Epistemology
The central part of the course, covering the theoretical questions and frameworks feminist legal scholars have developed to understand the legal process and its impact on women. Thematic issues that will be referred to throughout the rest of the course, including: the public/private 55 distinction: how the public/private dichotomy has been created in legal doctrine and its impact on women; gender equality/women's difference: what is meant by equality explored through the work of a number of feminist legal scholars, the work of writers from other disciplines on the subject of women's 'difference' and how the law should respond to this question; feminist epistemology/methodology: the development of a specially feminist methodology and the challenge posed to traditional legal methods of knowledge gathering and analysis.
At the end of this part, students should have a theoretical framework for analysing the doctrinal areas raised in the rest of the course and for analysing the process of law from a feminist standpoint.
Women and Money/Women's Economic (ln)Dependence - Three sources of access to money: work, men and the state. Debates from earlier theoretical material expressed in concrete form.
Work: labour laws' construction of the notion of worker, women's work interests compared to those of men, and the definition of work in legal discourse.
Dependence on men (marriage and divorce): traditional legal disabilities consequent on marriage, the law's intervention in ongoing marital relationships, and legal responses through maintenance and property transfer on divorce.
The state: the tax/transfer system, including consideration of the appropriate unit for state financial concern, the household or the individual, and the construction of women's dependence through state financial arrangements.
At the end of this part, students should have an understanding of the law's role in the construction of women's financial (in)dependence and be able to use the theoretical constructs from part two to understand this financial status. 56
Women and Connection - How legal discourse has developed notions of the 'good mother' and 'good wife' in areas outside the traditional focus of 'family law' as well as within that body of legal doctrine. New feminist legal understandings of women and their connections with others.
Nervous shock, 'wrongful birth' cases, custody, legal responses to women's decision to mother or not to mother through abortion law, reproductive technology and surrogacy.
At the end of this part, students should have an awareness of the pervasive legal constructions of women's connection with others and a knowledge of new feminist legal writing on women and connection, and be able to analyse critically traditional doctrines concerning women's control over their reproductive decisions.
Injuries to Women - The notion of gendered or social injuries is used to explore the way women are distinctively harmed and the law's response to these harms. Traditionally recognised forms of harm, including rape;. the development of legal responses to domestic violence. Medical abuses of women (e.g. particular forms of contraception) and legal response; as sexual harassment, pornography and media vilification of women.
At the end of this part, students should understand the connections between various forms of injury to women and the array of legal response to these harms, and be able to use the theoretical constructs developed earlier in the course to analyse the law's role in harming and alleviating harm done to women.
Feminist Strategies in Law - An overview focusing on the responsiveness of law to a feminist challenge, drawing on material already covered and further theoretical writing, including critiques of the adversary system and mediation as a form of dispute resolution, with its implications for women. 57
Feminist attempts to use the criminal and civil law to respond to injuries like pornography; the success or otherwise of feminist engagement with the law.
At the end of this part, the student should have a critical understanding of the effect of attempts to use the law progressively in the interests of women.
Depending on student interest, other topics may be included, for example, Women as Offenders, drawing on feminist criminological literature and considering issues such as women homicide offenders and premenstrual tension as a defence or mitigating factor.
730-350 HUMAN RIGHTS LAW
Dr McCormack*
2 Hours per week throughout the year
Aims and Objectives of the Subject:
In this course students should:
(1) Gain an understanding of the twentieth century development of the law relating to human rights;
(2) Secure knowledge of the philosophical bases, principles and practical operation of the international and Australian regimes for the protection of human rights;
(3) Acquire the ability to assess the validity of actions of governments under both international and Australian human rights law. 58
Students taking this course should be able to:
(1) Explain and assess the various theories proposed as the basis for the protection of human rights;
(2) Appreciate the juridical significance of the challenge offered by developing nations to the traditional approaches to human rights;
(3) Understand and assess the structure, major institutions and jurisprudence of the international human rights system;
(4) Comprehend the relationship between the international law of human rights and Australian law;
(5) Understand the significance of constitutional protection of rights through contrasting the situation in Canada and Australia;
(6) Identify and apply Australian human rights law, in particular with respect to racial and sex discrimination, indigenous peoples, prisoners and the mentally ill.
Syllabus:
The development of the international law relating to human rights and its implementation in Australia and issues of civil liberties.
Introduction: Causes and incidence of human rights abuse; history and development of human rights at international law and in common and civil law traditions; examination of the relationship between international and domestic law.
Sources of rights and their justification: Theories about rights; the debate over the universality of human rights standards; development of group or peoples' rights; potential conflict between individual and social rights. 59
International Humanitarian Law: 'Red Cross' Geneva Conventions and Protocol 1949-1977.
The United Nations system: The development of human rights norms in the United Nations system and their implementation.
Regional systems for the protection of human rights: The development of norms in the European, American and African regions and their implementation.
The role of non-government organisations in the implementation and effectiveness of human rights law.
Implementation of the national level: Reconciliation of sovereignty with human rights obligations; unitary and federal states; common law protection; constitutional guarantees.
Human rights and civil liberties in Australia - Constitutional guarantees of rights: freedom of religion; jury trials; just compensation for property; recommendations of the Constitutional Commission; the Bill of Rights debate; comparisons with the Canadian Charter of Rights and Freedoms.
Discriminatory treatment of minorities and other groups: State and Commonwealth legislation in particular dealing with racial and sexual discrimination; the role of the Human Rights and Equal Opportunities Commission and state agencies.
Compulsory treatment of the physically and mentally ill: State laws e.g. Victorian Mental Health Act.
Prisoners' Rights: Victorian and Commonwealth legislation, e.g. Victorian Corrections Act; the Human Rights and Equal Opportunities Act. 60
730-335 INTELLECTUAL PROPERTY
Ms Richardson* and Ms Wollner
2 Hours per week throughout the year
Prerequisites:
Property. Intellectual Property is best seen as an extension from basic principles already studied in Property, although it also touches other areas of law such as equity and restitution (breach of confidence), torts (patent and copyright infringement), contract and labour law (licensing and employer/employee rights), trade practices, international law and conflict of laws. With the exception of Property, however, none of these subjects is a prerequisite to enrolment in this course.
Aims and Objectives of the Subject:
(1) To consider the rationales for according protection to the products and creations of intellectual endeavour.
(2) To examine the following areas of protection:
(a) breach of confidence and trade secrets;
(b) copyright in works and other subject-matter;
(c) registered designs; and
(d) the patent system and associated rights.
(3) To consider the relationship of each of the above areas of protection to the others; 61
(4) To introduce students to the international copyright, patents and designs systems;
(5) To consider the relationship between intellectual property rights and legislative controls with respect to restrictive trade practices.
Syllabus:
The legal protection available for products of the creative mind, whether in art and culture, science and technology or commerce and marketing.
Introduction - The objective of intellectual property protection; alternative approaches; constitution responsibilities for intellectual property matters in the Australian federal system; an outline of the principal remedies available for breach of intellectual property rights and the courts in which these rights may be enforced. Patents and associated monopoly rights - The rational, history and operation of the patent system. Basic requirements for patentability, the scope of the patentee's rights and infringement thereof. The petty patent system, plant variety rights, the international harmonisation of patents, the impact of the General Agreement on Trade and Tariffs.
Copyright - History; aims and underlying policies; the subject matter and rights protected and the scope and duration of those rights. Ownership and exploitation of copyright, in particular through statutory licensing schemes and collective administration; the impact of new modes of communication. Protection of moral rights and other new economic rights. The international copyright system. The current status of computer software and related products under copyright law.
Registered designs - Basic features of the registered designs system; requirements for registration; the scope of protection granted. Protection of the appearance of function articles under designs law. The relationship between the design and copyright laws.
62
The Registered trade marks system - Aims; definition of a trade mark; requirements for registration; scope of protection; rectification of the registered; exploitation of marks and international arrangements.
Other statutory protections for marks and names - Including Part V of the Trade Practices Act 1974, company and business names legislation.
The law of trade secrets and confidential information - The nature of obligations of confidence, the meaning of 'confidential', the subject matter protected, the persons affected (particularly innocent users and third parties), the remedies available and the policy reasons for protecting confidential information. 'Industrial espionage' and the protection of privacy.
Intellectual property rights and their exercise and exploitation - Controls over the way in which intellectual property rights are exercised and exploited including controls in individual intellectual property statutes, the impact of Part IV of the Trade Practices Act 1974 and conflicts of laws issues.
730-307 INTERNATIONAL LAW
Dr Charlesworth*, Dr McCormack, Mr Malkin, Ms Mathew, Mr Simpson
2 Hours per week throughout the year
Aims and Objectives of the Subject:
In this subject students should: (1) Acquire an understanding of the structure, institutions, principles and vocabulary of international law; 63
(2) Develop the ability to assess the international legal implications of current events and Australian foreign policy, and
(3) Gain a wider perspective on the role of law generally by examining a legal system where the distinction between law and politics is constantly challenged.
Students taking this subject should be able to:
(1) Understand the distinct nature and functions of the international legal system in contrast to domestic law, (and the relationship between the international and national legal systems);
(2) Identify the sources of international law and understand the debates between the developed and developing worlds about their validity;
(3) Discuss the history and modem operation of the major institutions of international law and their contribution to dispute resolution;
(4) Explain the concept and implications of statehood in international law, particularly the notions of international personality, recognition, acquisition of territory, state jurisdiction, immunity and responsibility;
(5) Identify and apply the international law relating to the use of force.
Syllabus:
International Law is traditionally conceived as dependent upon the consent of sovereign and equal States. Thus while international law provides a system of rules governing the conduct of inter-state relations, a dispute can not always be settled through these rules. As international 64 law does not exist in isolation from political and economic factors, students are encouraged to keep themselves informed of current affairs as they relate to international legal problems.
The course will include the following topics:
Nature and function of international law - The consensual nature of international law as distinct from municipal legal systems which are dependent upon sanctions.
The question whether international law is `law' with reference to its function in inter-state relations.
The sources and evidence of international law - How the relevant rules of international law may be identified in order to resolve a legal dispute between States. The law-making role of the United Nations and the application of international law to the new States of Africa and Asia.
International institutions - History and function of the League of Nations, the United Nations and the International Court of Justice.
Relationship between international law and municipal law - How international law and municipal law interact in both international and municipal fora. The position of international law in Australian Law.
International personality and recognition - What constitutes Statehood? The positions of individuals and non-selfgoverning territories. Recognition by established States of new States and governments.
State territory - The territory of a State as the foundation of its factual existence and a basis for the exercise of its legal powers. Modes of acquiring territory with particular reference to current disputes over territory. 65
States' jurisdictional competence - State legislative and prescriptive jurisdiction over persons, property and acts within its territory, and the extension of its law over nationals and activities outside that territory, with particular emphasis on war crimes trials.
State immunity - The doctrine of sovereign immunity under which a State and its representatives will be immune from the jurisdiction of foreign courts, including diplomatic immunities.
State responsibility - Tortious and contractual liability of a State, including the responsibility of States for wrongs done to aliens, with emphasis on the nationalisation of foreign-owned property.
Peaceful resolution of international disputes between States - Remedies available for resolution of international claims and disputes. Procedures include diplomatic negotiation, arbitration, adjudication through the international Court of Justice.
Regulation of the use of force - International law relating to use of force and the United Nations' mechanisms to maintain and restore international peace and security. Legal problems raised by self-defence, economic aggression and guerilla warfare.
The law of treaties - Legal and political function of treaties in the international legal order, including rules of treaty interpretation and their binding effect upon newly independent States. 66
730-375 INTRODUCTION TO EUROPEAN CIVIL. LAW
Dr Vranken
2 Hours per week throughout the first semester
Syllabus:
How law in a different legal family comes about and how it is dealt with. Historical formation of the respective legal families, with emphasis on the Romano-Germanic family. Codes and codification, with emphasis on the role of codified law today: French Code civil, German Burgerliches Gesezbuch; Dutch Burgerlijk Wetboek. The law making process: legislature; courts; legal scholarship. Detailed features of substantive law: Contract Law, in particular para 242 BFB (good faith); Tort Law, in particular part 1382 French Code civil; Public-Private Law Distinction, with special reference to Administrative Law. The future: theories of divergence and convergence; unification and harmonisation, particularly within the E.E.C.: implications for Australia.
730-414 JESSUP MOOT
Dr McCormack*, Dr Charlesworth, Mr Malkin, Ms Mathew, Mr Simpson
Prerequisites:
International Law
Syllabus:
Supervised and arranged research and compilation and submission of written briefs in an area of International Law, for the Phillip C. Jessup International. Law Moot Court Competition. Students should consult the 67
lecturer in charge of International Law, who may recommend to the Projects Committee that groups of four or less students each undertake tha project. The recommendations will be made by 15 January in respect of enrolments in the next academic year. The Projects Committee will consider the recommendations and, upon approval, notify the students and appoint supervisors.
730-315 JURISPRUDENCE
Dr Wood
2 Hours per week throughout the year
Aims and Objectives of the Subject:
Jurisprudence has always been something of a 'service industry' to lawyers, posing questions about law which were thought to be important at the time. These questions are generally seen as broadly 'philosophical' although the answers often involve elements of history, sociology and anthropology as well as philosophy. The list of such questions includes: What is the nature of law? What is the nature of legal rules and how (if at all) are they structured into legal systems? What is the nature of legal reasoning? How do judges decide cases? Is there a generalised obligation to obey the law? What is justice? How is law related to broader social phenomena such as culture, ideology, power and economic activity? Do different kinds of society have different kinds of law? Could there be a society without law?
A number of theories of law, or rather schools of legal theorists, have developed which attempt to provide coordinated answers to one or more of the above questions. All of these answers are controversial and most are vigorously disputed by members of different 'schools'. However, most jurisprudential theorists argue that lawyers cannot practise law and citizens cannot intelligently relate to law without making assumptions, 68 conscious or unconscious, about the answers to these questions. The subject of Jurisprudence is based on the view that analysis and argument about those questions and revision of those assumptions will provide a better grounding for any kind of practice, practice within, or other interaction with, law.
The aim of the course is not to provide `answers' to all these questions but to pose some of those questions, to analyse some of the problems involved in even attempting answers to them and to look at some of the `answers' provided by jurisprudential theories. Students are expected to reach their own tentative or interim conclusions (whether chosen from those in the literature or an amalgam of their own) and be able to support them by using arguments (found in the literature or elsewhere) which appeal to them. It is hoped that those tentative conclusions will provide some insight in the study of other law subjects and when dealing with the law in whatever capacity. It is also hoped that students will revise those tentative conclusions in the light of legal experience and personal reflection. Howeve►, that lies beyond the scope of the course and its examination: it lies in the use to which the subject is put by former students.
Syllabus:
An introduction to the kinds of questions posed in Jurisprudence and the various theories which have emerged as co-ordinated to those questions. First half of the course - Principal modern schools of jurisprudential thought; natural law, legal positivism, legal realism, sociological jurisprudence, Marxism, feminism and critical legal studies; the nature of law; issues which are central to some theories only (such as the relationship between law and morality and the nature of legal reasoning). Second half of the course - Application of the theories already discussed relatively discrete questions in Jurisprudence, taken from the following list: the obligation to obey the law, the justification of punishment, legal paternalism, justice, the rule of law, and the role of legal theory in legal education. 69
730-340 LABOUR RELATIONS LAW
Dr G Smith*
2 Hours per week throughout the year
Prerequisites:
None, but it would be advantageous for students to also undertake Employment Law concurrently.
Aims and Objectives of the Subject:
Students should gain a thorough practical and theoretical understanding of collective labour relations law in Australia. In particular, they will be expected to appreciate the interrelated nature of each aspect of labour relations law studied and the impact of industrial relations norms on the operation of the formal legal system.
At the end of this course, students should:
(1) Understand the constitutional framework within which the federal system of labour law operates;
(2) Understand the jurisdictional limits placed upon the Industrial Relations Commission by the Industrial Relations Act and by the Australian Constitution;
(3) Appreciate the way in which the Industrial Relations Commission exercises its award making powers;
(4) Understand the nature and contents of industrial awards and, in particular the rights and obligations created by such awards; 70
(5) Understand the history and principles of wage fixation in Australia;
(6) Be able to identify the major statutory and common law constraints on the organisation and functioning of trade unions in Australia;
(7) Demonstrate an understanding of the common law and statutory constraints on the taking of industrial action by workers in Australia;
(8) Appreciate the historical, political and economic forces which influence the nature, scope and operation of labour relations law in Australia;
(9) Have further developed the fundamental legal skills of analysing, applying, synthesising and evaluating legal rules and principles; and
(10) Have developed a system of values pertaining to, and a greater interest in, the role of the law in regulating workplace relations.
Syllabus:
The following is a guide to the topics that might be covered:
First Semester:
Australian Labour Law Systems The Constitutional Context The Dispute lnterstateness The Industry Requirements: The Nature of the Employer's Undertaking and the Employee's Occupation The Industry Requirement: Industrial Matter 71
The Industry Requirement: The Nature of the Relationship Conciliation and Arbitration The System in Operation: Settling Disputes and Making Awards The Content of Federal Awards The Dominance of Federal Awards The Enforcement of Federal Awards State Systems - An Outline The Settlement of Industrial Disputes by Collective Bargaining Reform of Australian Labour Law Systems; and the use of Other Constitutional Powers
Second Semester:
Trade Unions in Australian Labour Law Regulation of the Internal Affairs of Trade Unions The Legal Status of Trade Unions in Australia Registration of Organisations Rules of Organisations Elections Membership Rights The Justification for Legislative Control of the Internal Affairs of Unions Trade Union Security Industrial Conflict The Nature and Extent of Industrial Action Criminal Law and Industrial Conflict Common Law Liability for Industrial Action Remedies at Common Law Picketing and the Law Statutory Liability for Industrial Action The Individual, Industrial Action and the Law 72
730-412 LAND CONTRACTS
Mr Buttigieg
2 Hours per week throughout the first semester
Prerequisites:
Contracts and Property
Aims and Objectives of the Subject:
Students should acquire an understanding of the law relating to the sale of land in Victoria and should develop the confidence and expertise to be able to handle a conveyancing transaction from commencement to finalisation.
Students should:
(1) Understand each of the several steps of a conveyancing transaction;
(2) Be able to draft Contracts of Sale, Sale Notes, Transfers of Land, Caveats and Withdraw of Caveat;
(3) Have a detailed knowledge of the conditions in Table A in the seventh schedule to the Transfer of Land Act 1958 and in the third schedule to the Property Law Act 1958;
(4) Understand how to read and investigate a Certificate of Title;
(5) Be able to understand the way in which a contract for the sale of land is formed and understand the preliminary steps and formalities in the formation of a contract for the sale land;
73
(6) Understand options to purchase land.
Syllabus:
Law relating to the sale in Victoria of land under the operation of the Transfer of Land Act 1958 and land under the general law. Topics covered are:
(1) The contract of sale, including documents preliminary to the formal contract of sale, such as sale notes and options, and the impact of sections 126 and 127 of the Instruments Act 1958 on these documents.
(2) Legal rights and obligations arising from entering into a contract for the sale of land including the interests in land created; provisions implied by law in a contract of sale whether the contract is silent and an examination of the contractual conditions contained in the seventh Schedule to the Transfer of Land Act 1958 and the 3rd Schedule to the Property Law Act, 1958; the duty of the vendor to disclose defects in title and the subject matter of the sale; Breach of Contract and its consequences.
(3) Investigation of title by the purchaser, including searches and inquiries usually made. The usual special conditions which parties incorporate into a contract of sale and their effect on the formation of the contract.
(5) Completion of sale.
(6) Effect on contracts and sales of the Sale of Land Act 1962.
(7) Subdivision of land and buildings including governmental control of subdivision and restrictions on the sale of land in subdivision (Cluster Titles Act 1974); dealings with flats and units, including a study of the Strata Titles Act 1967. 74
(8) The law relating to estate agents with reference only to agents' authority to bind their principal, their duty and authority in relation to moneys received on their principal's behalf, and sections 50 and 51 of the Estate Agents Act 1980.
(9) A brief examination of transactions concerning leasehold interests.
730-342 LAW AND DISCRIMINATION
Ms Morgan* and Ms Hunter
2 Hours per week throughout the year
Aims and Objectives of the Subject:
The course aims to familiarise students with legislation at both Commonwealth and State levels which addresses issues of discrimination and affirmative action, and with the operation of the legislation in practice. It will encourage students to think critically about concepts of equality and inequality, discrimination, affirmative action and, in particular, the role of law in ameliorating discrimination and to arrive at their own views on these issues.
Syllabus:
Emphasis throughout the course is on Australia, but comparison will be made with other relevant countries, including the US and the UK. (I) General Introduction - The meaning of equality and discrimination; a variety of understandings of 'equality' and the consequences in social policy of adopting each model. The notion of equality and discrimination embodied in Australian legislation and general overview of Australian legislation. 75
(2) Constitutional Issues - Constraints on Commonwealth powers in this area, including external affairs power, corporations power and inconsistency issues as a result of the operation of s.109. How international conventions have been implemented in Australian law.
(3) Sex Discrimination and Affirmative Action: Consideration of empirical information on women's position in the paid labour force, earnings, and dependence on the welfare state. Detailed consideration of the Victorian and Commonwealth legislation, focusing on the discrimination in employment provisions. Related grounds of discrimination such as marital status, pregnancy and parenthood may be covered, as well as sex discrimination in accommodation, goods and services and clubs. The extent to which the Australian anti-discrimination legislation requires a comparison of women with a male model, and the way in which the legislation concentrates on the so-called 'public' world of work rather than the 'private' world of the family.
Sexual harassment: the adequacy of the current legislation and the model of power relations from which it operates.
Affirmative action requirements and the extent to which they meet shortcomings in the discrimination approach.
(4) Race Discrimination - The position of Aboriginal people and people from non-English speaking backgrounds in Australia. Detailed study of the relevant legislation and its effect in practice. Further topics which may be covered include land rights and 'incitement to racial hatred' provisions.
(5) Discrimination and Intellectual and Physical Handicap - The Victorian Act's treatment of physical and intellectual impairment in contrast with that in NSW. The 'balancing' approach adopted 76
by the legislation and Tribunals in weighing the rights of individuals against the interests of employers and providers of goods and services.
(6) Other Grounds of Discrimination - Grounds included in the current legislation (e.g, `private life') and grounds covered in other legislative regimes (e.g. homosexuality). The topics to be covered will depend on student interest, and any relevant current political or legal activity.
(7) Procedures for Dealing with Complaints - Resolving disputes and issues of proof and remedies; the review and appeal function of courts. The role of conciliation in discrimination complaints and the function and place of specialist Tribunals.
Notes:
As this subject has been expanded from a one-semester to a full-year course in 1992, many of the topics listed in the University Handbook and Prospectus will be dealt with in greater depth than was previously possible. In particular: more time will be spent on the topic of affirmative action; the model of discrimination in the Commonwealth Racial Discrimination Act will be compared with the model in State legislation, and there may be some discussion of land rights; the part of the course covering discrimination on the ground of impairment will address the different needs and responses the legislation of people with physical disabilities and those with an intellectual impairment, and there will be time to focus on discrimination against those who are HIV positive; discrimination on the ground of age will be discussed, as will the interaction between discrimination law and industrial law; part of the course will involve a case study, which will provide an opportunity to pursue in depth a particular current discrimination law issue. 77
730-352 LAW AND SOCIETY IN CHINA
Ms Biddulph
2 Hours per week throughout the first semester
Prerequisites:
None. No knowledge of China or Chinese language is assumed.
Aims and Objectives of the Course:
This subject provides an introduction to the Chinese legal system and its relationship to Chinese society.
The structure of the Chinese legal system draws from civil code systems such as those of the former U.S.S.R. and Japan and indirectly from Germany. The legislative framework is socialist with distinctive Chinese characteristics.
As a result, the operation of the system is peculiarly Chinese. To understand it, some knowledge of China's historical and political development and the social attitudes of its people is essential.
Students are strongly urged not to neglect the preliminary reading.
This subject will provide a useful framework for students enrolling in post-graduate subjects relating to Chinese law. 78
Syllabus:
Topics drawn from the following:
Chinese legal tradition; The influence of traditional attitudes to law and Marxist jurisprudence on the role of law in Chinese society; Structure of the legal system and sources of law; The Constitution; The legislative process, reform of the legal system and the system of lawyers; Human rights; General principles of the civil law; Family law; Domestic economic and foreign economic contract law; Foreign investment regulation/equity joint ventures, co-operative joint ventures and wholly foreign owned enterprises; Protection of intellectual property rights and questions of technology transfer; resolution of economic disputes.
730-327 LAW AND SOCIETY IN JAPAN
Ms Taylor*
2 Hours per week throughout the second semester
Prerequisites:
None. No knowledge of Japan or Japanese language is assumed.
Aims and Objectives of the Subject:
This subject provides an introduction to the Japanese legal system and its relationship to Japanese society. The course is also designed to 79 demonstrate the basic structure, concepts and operation of a civil code system.
Japan's legal system is made up of diverse elements. These are drawn from other civil code systems - particularly the French and German - the common law, customary law and the influence exerted by the United States after the Second World War. However, the operation of the system is peculiarly Japanese. To understand it, some knowledge of Japan's historical development and the social attitudes of its people is essential.
Students are strongly urged not to neglect the preliminary reading.
This subject will provide a useful framework for students enrolling in post-graduate subjects relating to Japanese law.
Syllabus:
Topics drawn from the following:
The role of law in Japanese society; Litigation and other forms of dispute resolution; The historical approach to law in Japan; Structure of the legal system and sources of law; Constitution and emperor systems; Legislative process and law reform; Administrative decision-making and judicial review; The legal profession; Family law; Tort law; Contract and commercial law. 80
Teaching arrangements:
Classes are a combination of lectures and seminar-style discussion. Visiting academics and practitioners from Japan and elsewhere are invited to participate in classes whenever possible.
730-358 LAW AND SOCIETY IN MALAYSIA
Mr Menon
2 Hours per week throughout the first semester
Syllabus:
This course will introduce the legal system of Malaysia with particular emphasis on the interaction between English law and customary law and Muslim personal law. The course is designed for people with no prior study of the Malaysian legal system. The final six hours will focus on a topic to be drawn from topics 5, 6 and 7 in the following course outline.
(1) History of the legal system in Malaysia - The reception of English law (using the examples of land law and its social context).
(2) Law and its social context - An outline of Muslim personal law and the operation of customary law (both `adat' law and the customary laws of Sabah and Sarawak).
(3) The system of courts.
(4) An introduction to constitutional law - Then a selection will be made of one of the following topics (3 classes).
(5) Issues in civil procedure. 81
(6) Judges, lawyers and the legal profession.
(7) The framework of business laws in Malaysia.
730-346 LAW OF SALES
Dr Larnbiris
2 Hours per week throughout the year
Prerequisites:
Contracts
Aims & Objectives of the Subject:
(1) To identify the kinds of contract principally used in connection with the supply of goods and services, and to trace the history of their development.
(2) To highlight the increasing divergence of the law governing consumer transactions from the law governing commercial transactions, and to identify the reasons for this development.
(3) To evaluate critically the interaction between State and Commonwealth law reform initiatives in the area of sales law.
(4) To examine the interaction between statute and common law in the area of sales law.
(5) To explore the policy foundations of sales law reform, with particular reference to consumer dealings. 82
(6) To impart some understanding of the context in which commercial transactions and litigation take place, and of the practical concerns which underlie these activities.
(7) To reinforce and supplement knowledge of contract law, particularly in the area of remedies.
Syllabus:
Detailed study of the provisions of the Goods Act 1958 (Vic) and relevant common law; the special principles and rules pertaining to contracts of sale. Topics include: the creation of a contract of sale, and its essential elements; terms as to the identity, quantity and quality of goods bought; the warranty of title; transfer of title by the owner of goods sold; transfer of title in goods sold by a non-owner; risk, delivery, acceptance and rejection of goods delivery, payment; remedies for breach of contract;. comparison with Civil Law principles where appropriate. More recent legislative developments, in particular in relation to consumer sales, commercial sales, interstate and international sales, sales contracts involving telecommunication and sales of specification types of goods in respect of which there are special provisions. Consumer protection provisions of the goods (Sales and Leases) Act 1981 (Vic); the relevant provisions of the Trade Practices Act 1974 (Cth); the Credit Act 1984 (Vic); the Fair Trading Act 1985 (Vic); the Motor Car Trader's Act 1986 (Vic). The sphere of operation of the various enactments and their interrelationship. Policy considerations behind changes introduced by legislation; the effectiveness of the legislation. 83
730-347 LAW OF SECURITY AND SECURED TRANSACTIONS
Dr Lambins
2 Hours per week throughout the year
Prerequisites:
Property
Aims and Objectives of the Subject:
(1) To introduce students to the various forms of commercial and consumer financing arrangements.
(2) To impart an understanding of the factors which govern the form of transactions and why parties might choose one form in preference to another.
(3) To give students a sound grasp of the law relating to credit and security arrangements and, in particular, of the interrelationship between common law, equity and statute in the area.
(4) To provide insights into the major relevant policy considerations, particularly in relation to:
(a) the registration of security interests; and (b) consumer credit law reform
Syllabus:
Detailed study of security interests in land, including: The creation, characteristics, legal nature and effects of legal and equitable mortgages in old title land in land registered under the Transfer of Land Act 1958 84
(Vic). Non-mortgage securities in land, including charges and liens and the condition reservation of title by sellers of land. Legal and equitable security interests in chattels. Conditional reservation of title as security in the sale of goods on credit terms, including Rompala clauses. The Hire Purchase Act 1959 (Vic), the Chattel Securities Act 1987 (Vic) and the Credit Act 1984 (Vic). Securities given by companies; the position of secured creditors in bankruptcy proceedings; personal guarantees; commercial transactions involving a security aspect.
730-305 LITIGATION
Mr Gregory Reinhardt
3 Hours per week throughout the year
Aims & Objectives of the Subject:
The aims and objectives of the course in Litigation are that students gain an understanding of:
(1) The structure of the courts in the civil and criminal justice systems;
(2) How court adjudication differs from other modes of dispute resolution, principally arbitration, conciliation and meditation;
(3) How court adjudication under an adversary system differs from court adjudication under an investigatory or inquisitorial system;
(4) The relationship between substantive law, procedure and evidence in civil and criminal litigation, and, in particular, how rules of procedure and evidence -
(a) influence the development of the substantive law; 85
(b) may determine what question of substantive law a court must or can decide;
(c) govern the enforcement of rights and duties arising under the substantive law;
(5) The respective roles of the judge, jury, lawyers and parties in civil and criminal litigation;
(6) The impact of costs on the conduct of civil litigation and how costs are used to direct litigation into the appropriate courts and to encourage parties to reach a compromise;
(7) How the jurisdiction of the court in civil litigation rests upon service of originating process on the defendant or its equivalent;
(8) How the rules of civil procedure for the joinder of parties and claims, and that prohibit the same question being re-litigated between the same parties reflect the public interest in finality and the avoidance of a multiplicity of proceedings;
(9) When facts are in dispute in civil litigation, how rules of procedure operate to identify what facts the court must decide and to allow each party to obtain evidence in relation to the facts both from the adversary and from persons not connected with the litigation;
(10) The circumstances in which a plaintiff in a civil case may obtain a judgment without a trial in the ordinary way;
(11) The role of special referees appointed by the Court; arbitration and alternative dispute resolution.
(12) Judgments and orders, including appeals therefrom and enforcement proceedings. 86
(13) The investigative roles and procedures of law enforcement agencies;
(14) The process of fact-finding in civil and criminal litigation, including -
(a) the respective roles of judge and jury;
(b) the concept of relevance as the test of admissibility of evidence to establish a fact in dispute;
(c) the exclusion of relevant evidence where the public interest so requires, for example, where the evidence was illegally obtained or would disclose a communication made in confidence between lawyer and client or where, as in the case of similar fact evidence in a criminal trial, the prejudicial effect of the evidence outweighs its probative value;
(d) the exclusion of relevant evidence which is hearsay;
(e) in criminal litigation, the exclusion of a confession by the defendant not shown to have been made voluntarily;
(f) which party has the burden of persuading the court of the existence or non-existence of a fact in issue, and how far the party must satisfy the court of the existence or non-existence of that fact;
(g) what persons are competent and compellable to give evidence;
(h) when the evidence of a witness requires corroboration; 87
(i) when witnesses are entitled to speak on the basis of opinion as distinct from knowledge of the facts;
(j) the special position of an accused person as a witness.
730-34S MEDIA LAW
Professor Armstrong, Mr Maher, Ms Walker, Mr Waugh
2 Hours per week throughout the year
Aims & Objectives of the Subject:
The object of this course is to examine the legal rules which restrict newspapers and the electronic media in the performance of their functions of reporting information to the public and providing critical analyses of that information.
The subject aims to:
(1) Prepare students for the task of recognising that the publication of particular information or comments may have criminal or civil law consequences;
(2) Assess the role and responsibilities of governments in regulating the media and the role and responsibilities of commercial, public and government funded media organizations;
(3) Assess the extent of media freedom of expression in Australia. 88
Syllabus:
The regulation of the print and electronic media in Australia through legal rules that restrict journalists in reporting information and publishing comments, and regulate the ownership of the media.
Court Reporting principle of open justice access to courts access to court documents common law and statutory power to make suppression orders special restrictions regarding the reporting of certain proceedings (Family Court and Children Court)
Contempt of Court the sub-judice rules scandalizing and other relevant forms of contempt
Reporting Political Events contempt of Parliament election material sedition "D" notices
Intellectual Property Law Restrictions copyright and confidential information as they affect journalists
Obscene, Blasphemous and other Illegal Publications obscene, indecent or violent material blasphemy 89
Reports affecting Reputations of Individuals or Businesses defamation - civil defamation - criminal consumer protection and fair trading legislation
The Press Council
The Ownership and Control of the Media regulatory policies sectors the role of the Australian Broadcasting Tribunal the ABC and SBS licensing AUSSAT the Norris inquiry
Programming Restrictions television, radio and children's standards 'special' restrictions (Australian content etc)
730-501 PROCEDURE
Mr Gregory Reinhardt
3 Hours per week throughout the first semester
Syllabus:
The rules applicable to the conduct of civil actions in the Supreme Court, to a lesser extent with the jurisdiction and practice in Magistrates' Courts, the control of Magistrates' Courts by the County Court and by the Supreme Court, and with appeals from a judgment of the Supreme Court to the High Court. 90
Litigation is regulated conflict; the regulation of that conflict is largely embodied in and stems from the rules of procedure known as the Rules of the Supreme Court.
The course studies those rules in relation to all the steps necessary to bring a case on for hearing, from the day when a writ is issued, the steps which are taken thereafter, e.g. service of the writ of summons, the defendant's entry of appearance thereto, the pleadings exchanged between the parties, the principal forms of interlocutory proceedings, e.g. discovery, interrogatories and the rules determining whether a case is to be tried by a judge alone or by a judge with a jury. Some aspects of pre- trial procedure are also examined.
Note:
This is not a degree subject but is taken for professional admission purposes. Students wishing to enrol should contact the Program Manager, Undergraduate Studies.
730-503 PROFESSIONAL CONDUCT
Mr Justice Cummins, Mr Glennan*
1 Hour per week throughout the year
Syllabus:
The rules established by law and custom for the conduct of legal practice in Victoria, including Trust Accounts.
Topics to be studied:
The characteristics of a profession and their application to the legal profession. 91
The history and organisation of the Victorian legal profession.
The sources from which the principles of legal professional conduct are derived.
The duties owed by a practitioner to the law, the Court, the client and fellow practitioners.
Special statutory obligation of solicitors under the 'Legal Profession Practice Act'.
Provisions of the Legal Profession Practice Act 1958 relating to the handling of trust money and other trust property.
A study of legislative provisions to enable proper identification of money as trust money.
An appreciation by reference to legislation and case studies of the ramifications of breach of trust.
An overview of trust accounting systems.
Specific instruction on methods of maintaining trust account records including class exercises in recording of receipts, payments and direct payments of trust moneys and of investments including mortgage investments by solicitors on behalf of their clients.
A detailed study of the Rules under the Legal Profession Practice Act 1958 relating to trust accounting, particularly of the Solicitors' (Audit & Practising Certificates) Rules 1990 and Mortgage Register and Nominee Company Rules 1977. 92
730-413 RESEARCH PROJECT
TBA
Supervised and organised research into some area of legal knowledge or the legal regulation of some activity of legal significance, and the compilation and submission of a written report embodying the results of the research and conclusions to be drawn from it. Research Project carries a double entitlement to Honours points. Students wishing to do a research project should consult the Research Project Rules and Guidelines for Students available from the office of Research and Graduate Studies in the Law School.
Prerequisites:
A student may enrol in Research Project only with the permission of the Research Committee. The Committee's permission will usually depend on the suitability of the proposed topic; the student's capacity to work independently; the likelihood of the student's satisfactorily completing the project (given past academic results, other commitments, etc); and the availability of suitable persons to act as supervisor and examiners.
Aims of the Course:
(1) To provide an opportunity, within the LL.B. programme, for independent study by a student of an area of particular interest.
(2) To provide an opportunity for the further development and application of legal research skills.
(3) To enable a student's legal writing skills to be applied and tested.
(4) To enable a student to produce a substantial piece of legal writing, under supervision, with a view to publication. 93
730-321 RESTITUTION
Dr Bryan
2 Hours per week throughout the year
Aims & Objectives of the subject:
(1) To acquaint students with the general principles of law of restitution, and its potential for development.
(2) To introduce students to the rich theoretical literature in the subject.
(3) To impart an understanding of the relationship between restitution and the traditional areas of private law study: contract, tort, property and equity.
(4) To examine the special contribution made by Australian courts to the development of restitution.
(5) To demonstrate the importance of studying the subject within a comparative framework and to explore the significance of, for example, the USA Restatement of Restitution to the development of restitution.
Syllabus:
The nature of Restitution.
Recovery of payments made under mistake of fact.
Recovery of payments made under mistake of law. 94
Restitutionary defences of change of position and estoppel.
Recovery of unrequested benefits:
Benefits conferred under a contract void for want of authority. Benefits conferred under a contract void for uncertainty. Benefits conferred under a contract void for mistake. Benefits conferred under an informal contract. Benefits conferred under an anticipated contract which does not materialise. Inadvertent improvements to another person's property. Unrequested discharge of another person's debts. Unrequested benefits conferred in an emergency.
6. Recovery of benefits acquired by wrongful act:
Benefits conferred under duress. Fraud. Theft and conversion. Waiver of the tort
7. Recovery of benefits acquired in breach of fiduciary relationships:
Personal and proprietary remedies available against fiduciaries acting in breach of trust or in breach of their duty of loyalty. The position of third parties. Constructive trusts and 'family assets". 95
730-324 RESTRICTIVE TRADE PRACTICES
Ms Walker, TBA
2 Hours per week throughout the year
Aims & Objectives of the Subject:
The subject aims to:
(1) Prepare students for the task of recognising what conduct may infringe the Trade Practices Act 1974 (Cth) and what contractual provisions may be rendered unenforceable by the common law doctrine of restraint of trade;
(2) Enable students to apply their knowledge of the principles of statutory interpretation to the complex provisions of the Trade Practices Act 1974 (Cth);
(3) Assess the common law and legislation as instruments of economic regulation.
Syllabus:
How restrictive trade practices can affect competition in a market; how the common law and the Trade Practices Act 1974 (Cth) (the Act) control restrictive trade practices, monopolisation and mergers. The common law and the Act are considered bearing in mind the origins of, and the social goals and policies justifying, legislative and common law control of restrictive trade practices. The following topics are also examined: the constitutional operation of the Act; the administration of the Act (including the function and the role of the Trade Practices Commission and the Trade Practices Tribunal); authorization and notification procedures; the extraterritorial operation of the act. 96
730-323 SUCCESSION Mr Boaden
2 Hours per week throughout the year
Prerequisites:
None, but students who have not studied the law of Trusts, or who are not concurrently studying the law of Equity, will be at a disadvantage.
Aims & Objectives of the Subject:
The subject commences by dealing with the law of wills, including the formal requirements, and subjective matters such as lack of testamentary capacity and undue influence, and then with the law relating to revocation of wills. _ It next proceeds to the process of obtaining a grant of representation, covering probate, letters of administration, and the various limited grants of letters of administration which may be necessary; and then examines the functions and powers of the personal representative. This Ieads in to the processes available for realizing the estate, ascertaining the liabilities, and dealing with claims against the estate, and then to the law regulating which assets of the estate are to be applied in payment of liabilities and the costs of the administration.
Once these matters have been dealt with, attention turns to the construction of wills and the general principles applicable in distributing the net estate amongst the beneficiaries under the will, or amongst the next of kin entitled to take on a partial or total intestacy.
The course concludes with an examination of the Family Provision legislation.
The aim of the course is, by commencing with the process of making a will, and then following the process of administration from the date of death through to the ultimate distribution of the next estate to those 97 beneficiaries entitled to receive it, to provide students with a working knowledge of both the law of wills and the law relating to the administration of a deceased estate.
Syllabus:
The law of wills, the requirements for the making and revocation of wills; the law relating to the obtaining of grants of probate and of letters of administration; the law relating to the administration of deceased estates; the construction of wills; distribution upon intestacy; claims for Family Provision.
730-403 TAKEOVERS AND SECURITIES REGULATION
Mr Reinhardt
2 Hours per week throughout second semester
Prerequisites:
Company Law
Aims & Objectives of the Subject:
(1) To develop the concept of company securities dealt with briefly in Company Law and to expand the study of statutory and non- statutory regulation of company securities.
(2) To question the existing regulatory structures to see whether th •y deal adequately with perceived possible abuses. 98
Syllabus:
Aspects of company and security law including: regulation of and by the stock exchanges; regulation of brokers and other dealers in securities; public offerings of securities; regulation of takeovers under the Corporations Act 1989 and other related legislation and the role of the regulatory authority in relation to securities and takeovers.
730-407 TAXATION
Mr Reinhardt
2 Hours per week throughout the year
Prerequisites:
No formal prerequisites, but some basic appreciation of trusts and company law is desirable. Taxation permeates many of the general commercial law subjects because activities are often entered into, or at least organised in a particular way, to reduce liability to taxation. Students intending to take these subjects would be wise to take them before or concurrently with Taxation.
Aims & Objectives of the Subject:
To introduce the student to the distinctive concepts of income taxation. and provide practical instruction on the law relating to taxation and associated matters.
Syllabus:
Policy issues in taxation; taxation in a historical and constitutional context. The meaning of income; income from personal services; income from property, including capital gains tax; income from business. 99
Allowable deductions. Tax accounting and trading stock. Taxation of trusts; companies and shareholders; partnerships. International aspects: residence and source. Tax administration. Tax avoidance.
730-303 TORTS 2
Professor Luntz
2 Hours per week of seminar discussions throughout second semester
Prerequisites:
Torts
Aims & Objectives of the Subject:
Tort is a term applied to a miscellaneous and more or less unconnected group of civil wrongs other than breach of contract for which a court of law will afford a remedy in the form of an action for damages. The aims of this course are:
(1) to enable students to recognise those types of socially unreasonable conduct which give rise to a remedy in tort;
(2) to convey to students the rules of law relating to selected torts; and 100
(3) to engender in students an ability to appraise the relevant rules of those selected torts critically by reference to -
(a) their internal consistency; and
(b) their appropriateness for resolving disputes that are likely to arise in Australian society.
Syllabus:
A selection of a few torts for critical analysis, with the selection based on: practical importance; current developments; lack of treatment in the compulsory Torts course; availability in other optional courses. The selection is likely to include: trespass to the person (assault, battery and false imprisonment) and related aspects of negligence (such as medical negligence); malicious prosecution; deceit and negligence causing economic loss; defamation (libel and slander); trespass to land; nuisance (public and private); trespass to goods; conversion; detinue.
730-351 TRADE MARKS AND COMMERCIAL DESIGNATIONS
Ms Richardson
2 Hours per week throughout second semester
Aims & Objectives of the Subject:
(1) To give students an understanding of the protection available at common law and equity for goodwill and reputation;
(2) To introduce students to the workings of the registered trade mark system and to provide them with a basic understanding of the legal principles involved; 101
(3) To examine other statutory protection which is available to protect goodwill and reputation including controls with respect to business and company names and the provisions of consumer protection legislation;
(4) To consider the extent to which Australian law currently provides protection against acts of unfair competition and the desirability of such protection;
(5) To consider the economic and social roles played by the various forms of protection examined in the course.
Syllabus:
The economic and legal rationales for providing legal protection for names, marks and other commercial designations. The action for passing off: its elements, defences and remedies and recent extensions to its scope. Other common law and equitable protections for business goodwill and reputation. The registered trade marks system, including the definition of trade mark, requirements for registration, the different parts of the register, rectification of the register, infringement proceedings, defences and remedies, licensing and assignments, and international arrangements. Actions for misleading and deceptive conduct under Part V of the Trade Practices Act 1974 (Cth). Other statutory protections for marks and names, including company and business names legislation. The development of a general action for unfair competition.
Notes:
This is the last year in which this subject will be taught as a separate course; from 1993, the topics in this subject will be integrated into Intellectual Property. Accordingly, enrolments in Trade Marks and Commercial Designations are limited to those who have studied Intellectual Property in previous years without these topics. Some of the teaching will be done in common with Intellectual Property, but there will 102 be additional seminars and separate assessment for those students who are taking Trade Marks and Commercial Designations alone. 103
STUDY RELATED MATTERS
1 CHANGE OF COURSE
After enrolment any course change must be approved by the Program Manager, Undergraduate Studies. The Program Manger, Undergraduate Studies is available to discuss proposed changes with students.
University Statute 11.2.6.(1) provides:
"A student shall not cancel, add to or vary any subjects for which he or she is enrolled after two weeks have elapsed from the date of commencement of teaching in any of the subjects concerned, unless approval to do so has been given by the appropriate faculty in writing in accordance with the directions of the Board."
The following directions have been issued by the Academic Board pursuant to Statute 11.2.6.(1).
They describe the situations in which a student may be permitted to cancel or add to any of the subjects for which he or she is enrolled outside the period prescribed by Statute 11.2.6.(1):
'(a) A student may withdraw from or make changes to any subject for which he or she is enrolled within two weeks of the commencement of teaching in that subject and any reference to the subject or to changes made to the subject will be deleted from the student's record as appropriate.
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(b) An authorised officer of the faculty may approve withdrawal from or a change to any subject after two weeks have elapsed from the commencement of teaching in that subject if the student shows that good cause exists to warrant withdrawal from or change to that subject.
(c) For the purposes of (b), good cause may apply in the following circumstances -
(i) wrong or ill-informed advice was given to the student; (ii) a genuine change has taken place in the student's employment, financial or personal situation, including the effects of illness or other cause; (iii) a change has taken place in the student's course intention which may take into account the University's assessment practices.
(d) Withdrawal from a subject is not to be approved in cases where a student elects not to submit for a component of assessment. Students enrolled in courses of the University under Statute 11.2 do so with the understanding that they are to undertake the prescribed assessment requirements for each subject. A student who elects not to submit for a component of assessment must accept the consequences of that action which may produce a fail result." 105
The following are also special circumstances in which a student may be permitted to cancel or add to any of the subjects for which he or she is enrolled outside the period prescribed by Statute 11.2.6.(1):
'(a) where a student fails a February examination but is prevented by a delay in the publication of the result or by some other reasonable cause from making within the prescribed period the necessary adjustments to his or her enrolment for the current academic year;
(b) where a student is prevented by a delay in the finalisation of a result which has been withheld from making within the prescribed period the necessary adjustments to his or her enrolment for the current academic year;
(c) where a student enrols within the prescribed period in a subject which is subject to quota restrictions and is notified outside the prescribed period that he or she has not been accepted into the quota;
(d) where a student enrols in Research Project or Jessup Moot but outside the prescribed period is not permitted or becomes unable to proceed with the topic of his or her choice;
(e) where a student appears before the Progress Committee and his or her case is not determined in time for him or her to enrol or to make such adjustments to his or her enrolment as may be required by the Committee within the prescribed period; 106
(f) where it is discovered outside the prescribed period that a final year student has inadvertently enrolled in less than the number of subjects required for him or her to qualify for the degree in that year;
(g) where it is discovered outside the prescribed period that a student would suffer unavoidable financial hardship if he or she were not permitted to increase his or her enrolment;
Provided that his or her total enrolment for the year does not as a consequence become excessive.'
2 METHOD OF ASSESSMENT
Method of assessment in the Law School may vary considerably from subject to subject. Some information is included under the details of each subject, but full information is included in the Schedule of Assessment on p.152 of this publication.
Examinations
See 'Student Diary'
Determination of Disputes and Questions relating to Assessment
See 'Student Diary'
Duties of Examiners and Examination Boards
These matters are covered by Statute 12.3.5. Statute 12.3.2. provides that the Academic Board shall give certain directions. 107
They are as follows:
(i) All oral and aural tests should be conducted before two markers. If this is not possible, and a single marker fails the student of that test, the student must be given another test by another marker, and in that case at least one of the markers must be a member of the examination board.
(ii) As far as practical components are concerned, each item should be assessed by two markers, one of whom is a member of the examination board. If it is not reasonably practicable for each practical component to be so marked then Direction (v) can be applied.
(iii) Each written test or assignment which is intended to form part of a student's assessment in the subject and on which the student is failed by one marker, should thereupon be marked by another marker before being returned to the student. Alternatively, a board of examiners may retain a second copy of a failed test or assignment for marking by another marker at the end of the year should the student's overall result be a fail. In each case, one of the markers must be a member of the examination board.
(iv) Each written test, examination, essay or similar assignment which can reasonably be assessed by two markers shall for the purpose of these directions, be considered as one complete and. separate component and shall not in part or 108
whole be grouped with any other such items as part of one component or as components of the same kind.
(v) Components of assessment other than written test, examination, essays or similar assignments which can reasonably be assessed by two markers may, for the purposes of Statute 12.3. be grouped together as components of the same kind in the following groups:
(a) items of practical work such as work in the laboratory, architecture design projects, music performance or similar assignments;
(b) separately assessed items of field or clinical work;
(c) oral examinations and tests;
(d) aural examinations and tests;
(e) miscellaneous components of assessment of the same kind as may be defined by the Academic Board on the advice of the board of examiners and published to students;
provided that the combined weight of components of one kind does not exceed sixty per cent of the total assessment in a subject, and provided that no component has a weight of
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more than half the combined weight of the components of one kind in which it is grouped.
3 EXTENSIONS
3.1 Grounds of application
Topics for written work and submission dates are notified to students well in advance. Extensions will therefore not normally be granted. In the rare case where there are reasonable grounds for requesting an extension, it may be granted. If it is, an assignment submitted late will not necessarily be returned by the date nominated for the return of work filed in due time.
3.2 Lodging of applications
Applications for extensions of time must be made to the Program Manager, Undergraduate Studies. Lecturers have no authority to grant extensions and no extensions granted by anyone other than the Associate Dean or the Program Manager, Undergraduate Studies, in terms of Statute 12.4, will be accepted.
Applications must be made on a form obtainable from the Law School Office. After three working days students may contact the Law School Office to ascertain whether the application was successful.
3.3 Deadlines
Applications must be made at least seven days before the assignment is due in. Any application lodged within 110
this time will be considered only if accompanied by a satisfactory explanation for its late lodgement.
Applications lodged after the submission date for the assignment in question will as a general rule not be considered. In extraordinary circumstances, however, an exception may be made and an extension granted, if the Program Manager, Undergraduate Studies, thinks it appropriate. At the discretion of the examiner, a penalty may be imposed.
4 SPECIAL CONSIDERATION
4.1 Introduction
University Regulations provide for the granting of special consideration to any student who has suffered hardship which has placed him or her at a disadvantage in preparing for, or writing, compulsory assignments or examinations. The relevant provisions are to be found in Statutes 12.4.4-7. The following paragraphs set out the main matters you need to know concerning the way in which this regulation is applied by the Faculty of Law.
4.2 Critical Principles
4.2.1 Deadlines
You must lodge any application for special consideration before the appropriate date as set out in this document. Only in the most exceptional circumstances will an out-of-time application be considered. 4.2.2 Lodging of applications
All applications for special consideration shall be made to the Program Manager, Undergraduate Studies. They must be lodged with the Law School Office.
Applications should be made on the forms which are available from the Law School Office. All applications which are made on medical grounds must be supported by an appropriately worded medical certificate.
4.2.3 Consideration of applications
You must not approach an individual lecturer, examiner or marker on this matter; there are strict rules against communicating with examiners.
If you have any inquiry or are in doubt as to what you should do, you should see the Program Manager, Undergraduate Studies.
4.2.4 Confidential Information
The Program Manager, Undergraduate Studies, if requested, can take special steps to ensure that any grounds of a particularly personal or confidential kind for special consideration are protected from unnecessary disclosure.
You should not hesitate to apply for special consideration because of fear that confidential information will be disclosed. 112
4.2.5 Limits of jurisdiction
You must not wait until your result is published before putting forward a case for a special examination or special consideration. Generally speaking there is no power to consider applications made after the publication of results.
In one case set out below (paragraph 8.2) an application can be made after the result has been published. It is also possible that in an extremely exceptional case an application could be considered, e.g. where a chronic medical condition had not previously come to light; but such cases are extremely rare.
4.3 Illness during the preparation of written work
4.3.1 If you have been ill, handicapped or otherwise disadvantaged during preparation of a piece of written work during the year you may apply for special consideration in respect of that work.
4.3.2 Your application should be made to the Program Manager, Undergraduate Studies. It must be lodged with the Law School Office (see 2.2 above), together with any supporting documents, within three days after the date on which the written work was due for submission.
4.3.3 Your application will be considered and, if granted, directions considered proper to meet the case will be given to the lecturer
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responsible for the subject. If an extension has previously been given in respect of the same piece of written work on the same grounds this will be taken into account in reaching a decision.
4.4 Retention of written work
Wherever written work is prescribed as compulsory or may count as part of the examination, you must retain it after it has been returned to you, as an examiner may wish to review it subsequently. This warning is especially important in the case of students who wish to be considered for honours or who may have to make an application for special consideration in respect of a final examination in the subject.
4.5 Mid-year examinations
4.5.1 Failure to sit for an examination
(a) If you are prevented from sitting for a compulsory mid-year examination through illness, accident or some other good cause, you may apply for special consideration.
(b) If the case is one of real emergency and not otherwise, you may make your application before the examination and it may be determined to arrange for you to have a deferred examination.
(c) Ordinarily, in a case which does not fall under paragraph (a) above, you 114
must make your application, together with any supporting documents within three days after the conclusion of the examination. Your application should be made to the Program Manager, Undergraduate Studies and should be lodged with the Law School Office (see 4.2.2 above).
(d) In due course your application will be considered and a determination will be made as to whether or not you will be granted a deferred examination.
4.5.2 Illness during a mid-year examination
(a) If you have been ill, handicapped or otherwise disadvantaged during the sitting of a mid-year examination in any subject, you may apply for special consideration.
(b) Your application must be lodged with the Law School Office (see 4.2.2 above), together with any supporting documents, within three days after the conclusion of that examination.
(c) The examiners in the subject will be advised if your application for special consideration is granted and may act accordingly by calling upon you to undergo a further oral or written test, or by making an appropriate allowance in your marks. Further, a 115
determination will be made as to whether, in the event that you fail the subject as a whole, you should be granted a special examination.
4.5.3 Illness during preparation for a mid-year examination
(a) If you have been ill, handicapped or otherwise disadvantaged during preparation for a mid-year examination, you may apply for special consideration.
(b) Your application must be made and will be determined in the same way as an application under paragraph 4.6.3. below.
4.6 Final examinations
4.6.1 Failure to sit for an examination
(a) If you are prevented by illness, accident or some other good cause from sitting for the final examination in any subject, you may apply for special consideration.
(b) If the case is one of real emergency and not otherwise, you may make your application before the examination and it may be determined to arrange for you to have a deferred examination. 116
(c) Ordinarily, in a case which does not fall under sub-paragraph (b) above, you must make your application, together with any supporting documents, within three days after the conclusion of the examination. Your application should be made to the Program Manager, Undergraduate Studies and should be lodged with the Law School Office (see 4.2.2 above).
(d) Your application will be considered and it will be determined whether or not you will be granted a deferred examination.
4.6.2 Illness during a final examination
(a) If you are ill, handicapped or otherwise disadvantaged during a final examination in any subject, you may apply for special consideration.
(b) Your application must be lodged with the Law School Office (see 4.2.2 above), together with any supporting documents, within three days after the conclusion of the examination. (e) The examiners in the subject will be advised if your application for special consideration is granted and may act accordingly by calling upon you to undergo a further oral or written test, or by making an appropriate allowance 117
in your marks. Further, a determination will be made as to whether, in the event that you fail the subject as a whole, you should be granted a special examination.
4.6.3 Illness during preparation for a final examination
(a) If you have been ill, handicapped or otherwise disadvantaged during the year in your preparation for the final examination in any subject (or in either of the cases covered in paragraphs 3 and 5.3 above) you may apply for special consideration.
(b) Your application should be made to the Program Manager, Undergraduate Studies. It must be lodged with the Law School Office (see 4.2.2 above), together with any supporting documents, within three days after the conclusion of that final examination.
(c) The examiners in the subject will be advised if your application for special consideration is granted and may act accordingly by calling upon you to undergo a further oral or written test, or by making an appropriate allowance in your marks. Further, a determination will be made as to whether, in the event that you fail 118
thesubject as a whole, you should be granted a special examination.
5 SPECIAL EXAMINATIONS
5.1 No further examinations are granted to students who fail to sit for, are ill during, or ill during the preparation for, a special examination, a deferred examination or a supplementary examination.
5.2 If you have been ill during the preparation for a special examination, deferred examination or supplementary examination, you may, however, apply for special consideration.
5.3 The application for special consideration should be made to the Program Manager, Undergraduate Studies. It must be lodged with the Law School Office (see 4.2.2 above), together with any supporting documents, within three days after the conclusion of the examination. You must lodge a new application in respect of your Special Examinations; it is not possible to rely upon an earlier application lodged under paragraph 4.3 - 4.6.
5.4 Your application will be considered and the examination board may be informed of the facts, in which event the examination board will take this into account in assessing your performance in the special, deferred or supplementary examination. 119
6 HONOURS CANDIDATES
6.1 Honours marks obtained in special and deferred examinations
6.1.1 It is possible for you to be awarded honours in a special examination or deferred examination.
6.1.2 If you are awarded honours in a special or deferred examination, your record card will indicate that fact as well as the class of honour awarded. In the annual examinations, first class honours and second class honours (division A) are ranked in order of merit: such honours obtained in special or deferred examinations will be unranked honours.
6.1.3 The Final Honours Board will consider any honours obtained in special or deferred examinations for the purpose of calculating whether you will be awarded an honours degree. If, however, in computing points for an honours degree, two students obtain equal marks, preference in the final honours class list. will be given to the student or students whose honours points in individual subjects were not obtained at special or deferred examinations.
6.2 Honours candidates who have applied for special consideration
6.2.1 If you have applied for special consideration in a subject under any of the above paragraphs, and you are passed or awarded honours in that subject, you may nevertheless apply for a 120
special examination in that subject. You may wish to do this if you think that, but for the handicap from which you suffered, you would have done better in the subject.
6.2.2 Your application must be lodged with the Law School Office (see 4.2.2) within three days of the publication of results in that subject.
6.2.3 It will be possible for you to be awarded honours at such a special examination.
6.2.4 Your application will be considered in the light of your application for special consideration already received, and a determination will be made as to whether or not you will be granted a special examination.
6.2.5 If you are granted a special examination you will be deemed to have elected to stand on the marks awarded at the special examination, which marks will be used by the Final Honours Board whether or not they are less than or more than those previously awarded you in the subject.
6.2.6 If you are awarded honours in a special or deferred examination, your record card will indicate that fact as well as the class of honour awarded. In the annual examinations, first class honours and second class honours (division A) are ranked in order of merit; such honours obtained in special or deferred examinations will be unranked honours. 121
6.2.7 The Final Honours Board will consider any marks so obtained for the purpose of calculating whether you will be awarded an honours degree. If, however, in computing points for an honours degree, two students obtain equal marks, preference in the final honours class list will be given to the student or students whose honours points in individual subjects were not obtained at special or deferred examinations.
7 SUPPLEMENTARY EXAMINATIONS
Pursuant to Statute 12.4.3 the Faculty of Law has resolved that for 1992 supplementary assessment shall be available to students in the following circumstances:
7.1 In cases where the candidate has failed in Law subject(s) aggregating not more than 30 points and has obtained not less that 40% in each of those subject(s) in the annual assessment and requires to obtain passes in the subject(s) to qualify for the LL.B. degree.
For the purpose of this provision (7.1), and this provision only, the subject Litigation shall be deemed to comprise two subjects, namely Evidence and Procedure. Evidence is deemed to be worth one point.
7.2 In cases where the candidate has failed in one Law subject, and has obtained not less that 40% in that subject in the annual assessment and requires a pass in that subject
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(i) to qualify for admission to some other degree of the University in those cases where the candidate has been pursuing a combined course with Law and has signified an intention to abandon further studies in Law, or
(ii) to retain or qualify for an entitlement to a living allowance under AUSTUDY.
7.3 In where the candidate has failed in a Law subject or Law subjects for which he or she is enrolled under the Continuing Education Programme and has obtained not less that 40% in that subject or subjects in the annual assessment and requires a pass or passes in the subject or subjects in order to be admitted to practise as a barrister and solicitor in the Supreme Court of Victoria in the year following the year of assessment. Provided that the Associate-Dean may allow supplementary assessment in the subject where a candidate has obtained less than 40% in the annual assessment and where after consultation with the examiners in the subject he/she is satisfied that a genuine attempt has been made and that special circumstances exist.
7.4 No additional assessment shall be available for Research Project or Jessup Moot/Research Project B.
Candidates seeking additional assessment pursuant to paragraph 7.1 or to paragraph 7.2(b) (i) or (ii) must make application in writing to the Associate-Dean by Friday 18 December 1992. Those eligible by virtue of paragraph 7.1 will be identified automatically by the Associate-Dean.
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8 FORM OF SPECIAL OR SUPPLEMENTARY EXAMINATIONS
8.1 If a special or supplementary examination is awarded to you, a determination will be made as to the form which the examination will take.
8.2 You may be required to submit additional written work as part of, or in place of, the examination, or you may be permitted to rely on written work already submitted as part of the examination.
8.3 If the examination is to be a formal written examination, the name of the subject(s) will appear in the timetable which will be posted on the University Notice Board.
9 JOLNT WORK
In those instances in which it is indicated that joint work is permitted more than one student may participate in the submission of an answer to the assignment. In such cases only one answer is to be submitted and it is to list the names of all the students who jointly worked in its preparation. The answer will be granted as a whole for examination purposes and each participant will receive the same mark.
10 CHEATING
Your attention is drawn to the Rules made by Council pursuant to Statute 12.2.10 (Legislation relating to assessment), and in particular to Rules 2 and 3: 124
2.(1) A student shall not, by act or omission, do anything which has the purpose, or has, or is likely to have, the effect of obtaining for that student or any other person an advantage, in or arising out of the performance of assessment, by unauthorised, unscholarly or unfair means.
(2) In determining whether an advantage is intended, or is likely, to be obtained the fact that such an advantage is not or could not be obtained due to circumstances beyond the control of the student concerned shall be disregarded.
(3) Without limiting the generality of sub-clauses (1) and (2), a student shall not during or in connection with the performance of any component of assessment;
(a) use any unauthorised or prohibited information, books, notes, paper or other materials;
(b) directly or indirectly assist any other student or accept assistance from any other person;
(c) copy from or otherwise use the answer of any other person engaged in the performance of the same or comparable component of assessment or permit any other person to copy from or otherwise use his or her answer;
(d) submit or represent the whole or part of published or unpublished material written or prepared by some person or persons other than that student as being the work of that student;
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(e) cause a disturbance, annoyance or nuisance to, or interference with, any other student;
(f) commit a breach of good order or propriety;
(g) disobey any instructions or directions given for the performance of a component of assessment;
(h) disobey any reasonable instructions of a supervisor;
(i) refuse or fail to answer any reasonable question put by a supervisor.
(4) A student shall not assist, or attempt to assist, any person, to do anything prohibited by sub-clauses (1) and (3) of rule 2.
(5) The examiners in any subject or the chairman of the department responsible for giving the lectures in the subject (or in the circumstances set out in Statute 12.1.6) the dean as defined in Statute 12.1.10 may, by notice in writing published to students in that subject, whether with the details of subjects or otherwise, exempt them either generally or in connection with the performance of a particular component or components of assessment, from compliance with all or any of paragraphs (b), (c) and (d) of rule 2.
3.(1) Any enrolled student of the University committing a breach of any of these Rules shall be guilty of misconduct, in respect of which the Discipline Committee established by Statute 13.1 has power to 126
(a) exclude the student from the University or from any course or subject, either permanently or temporarily;
(b) impose a fine;
(c) deprive the student of credit for the whole or part of any assessment or component of assessment in respect of which the offence was committed or for any subject or subjects for which the student was enrolled at the time the offence was committed;
(d) reprimand the student;
(e) do more than one of these.
The following may be regarded as evidence of an infringement of Rule 2:
1. the submission of an answer substantially similar to that submitted by a student in the same or any preceding year, whether at this University or any other institution;
2. the submission of an answer not based substantially on student's own work (or, in the case of joint work, not based on the work of those named as having done the joint work therein); or
the submission of an answer containing substantial quotations from another work (whether in exactly the same words or in some variation thereof) without appropriate reference to the source. 127
Students should note that Rule 2 (3) (c) applies to a student whose answer is copied. You are therefore advised not to exchange or make available to other students any working notes, drafts or final answers, whether you have prepared them this year or previously. There is no objection to assignments being discussed in a preliminary way among students. What is not permissible is anything in the nature of joint planning or execution of an assignment.
11 STUDENT PROGRESS
See also Student Diary and Statute 11.5 in the 1988 Consolidation of University Statutes and Regulations contained in the University Calendar.
Progress Rules
1. The Faculty appoints 2 Progress Committees annually.
2. The function of the Committees is to investigate the circumstances of the student's performance in the Law course and consequently to elicit and elucidate any fact which may weigh in favour of the student so that these may be taken into account, together with the student's record, when the Committee considers whether action should be taken or any opinion given for the purposes of Statute 11.5. In considering a student's progress the faculty would normally take into account personal, financial and study problems.
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3. Each year the progress of students in the Law course is reviewed and consideration is given as to whether action should be taken over any student who has
(a) failed in half or more than half of his or her enrolment in that year in terms of either credit points or subjects, excepting a student whose enrolment comprises one or two law subjects and one or more subjects in another faculty, and who passes all subjects in the other faculty but fails one law subject and this failure is the first failure in a law subject; or
(b) has failed a subject on two or more occasions. Apart from the exception set out in (a), the relevant subjects are those which can be counted as subjects of a Law course. A list of students with respect to whom action may taken is then compiled. Each student whose name appears on the list is notified and invited to make a written submission to the appropriate Progress Committee. Arrangements are also made for each student to be interviewed by the Progress Committee.
4. At the interview the student is given the opportunity to be heard and any information before the Committee, except exact marks, is made known to the student. After considering the student's case the Committee may:
(a) report to the Academic Board that in its opinion the student should be suspended from the course; or 129
decide that the subjects for which the student may enrol in the forthcoming year should be specified; or
(c) taken no action.
5. If any decision is made to specify the subjects, the Committee advises the Program Manager, Undergraduate Studies as to the number of subjects to be taken and whether the specification is for named subjects.
6. Students are normally informed of the results of the Committee's decision orally immediately after the hearing, but in all cases the student is notified in writing by post also. Students reported to the Academic Board are advised of their right to appear before the Board and copies of relevant regulations are provided.
7. Any student in respect of whom a report has been made to the Academic Board that the student be suspended from the course is given the opportunity of making an explanation to the Academic Board which may either suspend the student, limit his or her future enrolment, or permit the student to continue in the course without restriction.
8. For the precise rules relating to unsatisfactory progress students should consult Statute 11.5 in the University Calendar.
12 LEAVE OF ABSENCE
The Faculty has resolved that:
1. Leave of absence should not be granted for a total of more than three years during the enrolment of a student for the LL.B; 130
2. Leave of absence should be granted only for one year on each application;
3. No more than two years deferral before initial enrolment for first year studies should be permitted;
4. Deferral before initial enrolment should count as leave of absence for the purpose of computation of three years;
5. Leave of absence should not be given to a student for the current year after a date to be fixed in each year corresponding with the end of the period of provisional enrolment for the following year; unless the most compelling and unusual circumstances are demonstrated to the satisfaction of the Faculty.
Applications for leave of absence must be made in writing to the Program Manager (Undergraduate Studies). 131
GENERAL INFORMATION
ADMISSION TO PRACTICE
The admission of banisters and solicitors in Victoria is regulated by the rules of the Council of Legal Education administered by a board of examiners appointed by the Supreme Court. Students proposing to seek admission should make themselves familiar with them in due course.
The academic requirements for admission are satisfied by passing the compulsory subjects of the degree, and the following, either as part of the LLB or otherwise: Litigation (or Evidence and Procedure), Accounts and Professional Conduct.
A candidate who has obtained the degree of Bachelor of Laws is required to serve for one year in articles or complete the legal practice course at the Leo Cussen Institute.
PROFESSIONAL ADMISSION SUMMER SCHOOL
The University of Melbourne Law School, in conjunction with Monash University Law School, conducts a Professional Admission Summer School on behalf of the Council of Legal Education in the period January- February.
The subjects of the Summer School are-
Evidence Procedure Professional Conduct (including Trust Accounts)
If you have qualified for the degree of LL.B. (or its equivalent) at any institution approved for admission purposes in Victoria under the rules of the Council of Legal Education, you may enrol in the Summer School. 132
If you are going to serve Articles of Clerkship outside Melbourne or are intending to enrol in the legal practice course at the Leo Cussen Institute you are advised to enrol in the Summer School.
THE LAW LIBRARY
Within the Law School Building is the Law branch library of the general University Library. The Law Library houses over 125,000 volumes, either bound or in microform. There is a card catalogue indexing books acquired up to the beginning of 1980, and a microfiche indexing books acquired since then. Both catalogues usually index books under author, title and subject. An on-line computerized catalogue also gives access to books held. Entries for books in the Law Library also appear in the Baillieu Library's catalogues.
Hours
Throughout the academic year the Library is open from 8.45 a.m. to 10 p.m. Monday to Thursday, from 8.45 a.m. to 6 p.m. on Friday and from 9.00 a.m. to 1 p.m. on Saturday. In second semester the Saturday closing hour is 5 p.m. During the long vacation the Library is open from 9.00 a.m. to 5 p.m. Monday to Friday only.
Borrowing
The Library is primarily a reference, not a lending collection. Volumes of statutes, law reports, digests, encyclopedias, dictionaries and periodicals ordinarily may not be removed from the Library at all. Other books, except those on reserve, may be borrowed on seven days' loan.
Books taken from the open shelves for use in the Library should not be returned to the shelves, but should be placed on a sorting table. Books borrowed overnight must be returned to the Reserve Desk. 133
Students participating in the advocacy programme may take law reports to the actual hearing. Before doing so, however, students must leave a signed list of the reports at the Reserve Desk.
Reserve Books
Certain books which are in constant demand are retained at the Reserve Desk. This is indicated in the catalogue by a red marker placed on the main card. A complete catalogue of books held in the Reserve Collection is available in the Reserve area. These books may be borrowed for two hours at a time for reading in the Library and must be returned to the Reserve Desk. They may also be borrowed on overnight loan. This means that, on production of the bar-coded University identification card to the library staff member on duty, a student may take out a book from 5 p.m. on any day Monday to Thursday and must return it by 8.45 a.m. the next day. Books borrowed on Friday from 4 p.m. must be returned by Monday morning. On Saturday a book may be taken from 9 a.m. and must be returned by 8.45 a.m. on the following Monday. Books borrowed overnight must be returned to the Reserve Desk. Outside the Law Library, near the entrance, there is a slot for the return of books when the Library is closed.
Regulations
The University Library regulations apply to the Law Library. These are displayed in the entrance hall to the Baillieu Library and are also distributed in leaflet form. In addition a special booklet setting out Law Library details is distributed early in first term.
The Law Library is a place for quiet study. A special area of the Library is set aside to enable students to discuss their work with each other, such discussions being an essential part of legal study. Silence must be observed in all parts of the Library outside the discussion area. Smoking, eating and drinking are not permitted in the Library. 134
THE MELBOURNE UNIVERSITY LAW REVIEW
The Melbourne University Law Review is published twice yearly and provides an outlet for legal research and writing by law teachers, practising lawyers and student members. The editorial work on the Review is performed entirely by students who are selected on the basis of their academic performance to be members of the Melbourne University Law Review Association.
Law Reviews have had great influence in fostering and facilitating the publication of legal research. Law Reviews assist the effective operation of our judicial system by providing comprehensive references to the case law on particular topics. The standard of a Law Review is regarded as a measure of the standing of the law school which produces it. Members of the Association, in addition to performing the essential tasks of footnote-checking and proof-reading, are given the opportunity to write careful analyses of important decisions of the Courts and to participate in research projects. Senior members are appointed by the editors to the positions of student contributions editor, book-review editor and business manager. The editors are elected by the student members at general meetings of the Association.
At the annual dinner, the members of the Association act as hosts to members of the Faculty, members of the judiciary and leaders of the profession who have assisted in the publication of the Review by writing articles or book reviews or in other ways.
While work on the Review makes demands on student time, it provides a fine training in legal research and writing. It is regarded as an honour to be invited to join the Association. Moreover, experience has shown that those who have worked on the Review have found the experience useful in their professional careers. 135
CENTRES
Within the Faculty of Law, there are four specialised centres of research and teaching in Law. Some are housed in the Quadrangle and some in Barry Street. They are described in more detail below.
Asian Law Centre
The Asian Law Centre is a part of the Law School. It commenced activities in October 1985 and Professor Malcolm Smith was appointed Director in March 1987. Ms Veronica Taylor was appointed Associate Director (Japan) in March 1988 and Ms Sarah Biddulph was seconded from the Sydney office of Blake Dawson Waldron and appointed Associate Director (China) in July 1989.
Ms Taylor and Ms Biddulph co-ordinate research and teaching in their respective areas.
The Centre's major aims are:
to promote the teaching of Asian law in Australia at both undergraduate and graduate levels, and the teaching of Australian law in Asia.
to carry out specialised research in the laws of Japan, China, Korea, Hong Kong and the countries of ASEAN.
to improve Australia's knowledge of the commercial laws of our trading partners in the region and to research the legal framework for trade and investment.
to strengthen established links and develop further links with similar institutions in the region, thereby increasing joint research efforts, the interchange of personnel, and promoting greater Asian understanding of Australia's legal system. 136
The Centre has developed new courses for the Faculty at both undergraduate and graduate levels to add to pioneer courses on Asian law dating back to the late 1960's. The following subjects are now available, some on an annual basis and others in alternate years:
L.L.M. courses International Economic Law: ASEAN International Contracts International Trade & Investment B (Foreign Investment Law) International Trade & Investment C (East-West Trade Law) Japanese Law A (Dispute Resolution) Japanese Law B (Contract and Corporate Laws) Law and Society in Korea Directed Research Thesis supervision
LL.B Law and Society in China Law and Society in Japan Law and Society in Malaysia Modern Civil Law
Diploma in Asian Law
Auditors may enrol in the above subjects through the University's continuing education programme.
LL.M. and Ph.D. (Directed research)
The Centre also acts as a base for visitors from Asia and hosts long-term visits by lawyers, academics and graduate students. These visitors often participate in Law School courses. 137
Students with an interest in Asia are most welcome to visit the Centre at 153 Barry Si to discuss their courses and plan post-graduate possibilities in Asia.
The Australian Institute of Judicial Administration
The Australian Institute of Judicial Administration (AIJA) was formed in 1976 as a national organisation to seek improvements in the operation of Australian judicial systems. It was established as an incorporated association, with a governing Council of 24, drawn from throughout Australia. The Council and the membership as a whole (currently about 800) are made up of judges, magistrates, barristers, solicitors, government and academic lawyers, and court administrators.
The work programme of the institute was launched in 1982 with a major seminar on delays in the courts. This seminar was the start also for the Cranston study of delay in the Supreme Courts of New South Wales, Victoria and the ACT. Between 1982 and 1986 the AUA undertook a number of further research projects and conducted other seminars.
In 1987, as a result of a successful application for composite government funding, a Secretariat was established. To make this possible, the Institute entered into an affiliation agreement with the University of Melbourne. Under the agreement, the University provides office accommodation for the Secretariat and the AUA Executive Director as a member of the Law Faculty.
Through the Secretariat the AUA conducts educational programmes, carries out research projects, and collects information on judicial administration. Courses and seminars are conducted for judges, magistrates, court administrators and members of the legal profession; research is conducted in areas such as court financing, the cost of litigation, committal hearings in Magistrates Courts, computerised information retrieval for the judiciary and others; on the information side, 138 the Institute has a collection of books, monographs, reports, articles and other material on aspects of judicial administration.
Centre for Comparative Constitutional Studies
Director: Professor Cheryl Saunders
The centre for Comparative Constitutional Studies is housed at 157 Barry Street. It has four main programs:
the Australian constitutional system, from a comparative perspective to the extent that that is relevant
Australian intergovernmental relations
constitutional systems of South-East Asia and the Pacific
supra-national organisations, including the European Community.
Copies of the prospectus setting out details of the programs can be obtained from the Secretary to the Centre: Maria Franco, on 344 5152.
The interests and work of the Centre are reflected in the undergraduate subjects Advanced Constitutional Law and Comparative Constitutional Law and to some extent in Constitutional and Administrative Law. Students are encouraged to undertake research on topics within broad Centre programs either for the purposes of Research Project (730-413), or for research based assessment in one of the later year constitutional subjects. The Centre has a small library at 157 Barry Street and can offer some facilities to students doing specialist research in the area. For further information, please contact either Professor Saunders or Maria Franco.
The Intergovernmental Relations Program of the Centre runs a series of regular seminars during the year. All those interested are welcome to 139 attend. Information about the seminars is posted on the library notice board from time to time and appears in 'Purely Dicta', if time permits. This Program also produces a quarterly, Intergovernmental News, which includes comments on recent constitutional cases and analyses of developments in federal financial relations, both of which are relevant to Constitutional & Administration Law students. Other bodies affiliated with the Centre which are also located at 157 Barry Street are the Journal of Public Law, the Australian Constitutional Convention Centre and the Association for European Studies.
Centre for Natural Resources Law
Director: Professor S.D. Clark
The centre for Natural Resources Law acts as a focus of interest for research work dealing with a wide variety of resource management problems. Work by undergraduate and graduate students, staff and others all falls within its ambit. In the past it has undertaken major research into the legal and management regimes for solar energy, minerals and petroleum, Antarctica and water resources. Much work undertaken under the auspices of the Centre has been for international aid agencies and developing countries.
The Centre also runs a program of seminars, given by visitors, often focusing on the relationships between law and economics in managing natural resources.
The undergraduate course, Natural Resources Law, is offered under the auspices of the Centre and several post-graduate courses are available from time to time. The Centre is anxious to encourage undergraduate research in resource management problems and can arrange exciting opportunities for students to work in close collaboration with various community organisations.
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BACHELOR OF LAWS WITH HONOURS
The Degree of LL.B (tion) is awarded on the basis of a review of a candidate's course for the Degree of Bachelor of Law. The review of the course is conducted in such a way as not to exclude a candidate whose academic results are distinguished only in the latter part of the course.
The Final Honours Board
1. There is a Final Honours Board of the faculty made up of a professor and four other members of the faculty nominated by the faculty.
2. It is the responsibility of the Final Honours Board to:
(1) publish the conditions of eligibility for honours candidature prior to the date fixed for re-enrolment in each year.
(2) determine the list of candidates who qualify for the honours degree and to grade them in the following divisions: first class honours, second class honours (division A), second class honours (division B) and third class honours.
(3) determine a class list of those candidates who are eligible for a place in the list of honours graduates ranked in order of merit.
3. Where, by reason of special circumstances, the Final Honours Board is of the opinion that it is appropriate, the Board may determine that a candidate has qualified for the award of the degree with honours and grade the candidate in a particular division without placing the candidate in the class list.
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Candidates for the Honours Degree
4. To be considered for the Degree of Bachelor of Laws with Honours a candidate must -
(1) complete all the requirements for the Degree of Bachelor of Law;
(2) at a time after the candidate passed in subjects for which a credit of 21 points towards the Degree of Bachelor of Laws is granted, obtain a pass mark for a substantial piece of legal writing in one of the subjects of the LL.B. course that has been approved for this purpose by the Academic Committee; and
(3) submit an application form to the Final Honours Board.
Scoring the Final Honours
5. Honours points shall be awarded on the basis of results obtained in any subject for the Degree of Bachelor of Laws (other than non-law subjects) or equivalent subjects studied at another tertiary institution (where the Final Honours Board so decides in accordance with paragraph 7). Subjects for which honours points are awarded are hereafter called "scoring subjects".
6. (1) Honours points shall be awarded where the candidate gains honours in any four point scoring subject offered by the faculty on the following basis:
First Class Honours 20 points Second Class Honours (A) 12 points Second Class Honours (B) 8 points Third Class Honours 5 points 142
(2) Honours points shall be awarded where the candidate gains honours in any three point scoring subject offered by the faculty on the following basis:
First Class Honours 15 points Second Class Honours (A) 9 points Second Class Honours (B) 6 points Third Class Honours 3.75 points
(3) Subject to sub-paragraph 6(4), honours points shall be awarded where the candidate gains honours in a two point scoring subject offered by the faculty on the following basis:
First Class Honours 10 points Second Class Honours (A) 6 points Second Class Honours (B) 4 points Third Class Honours 2.50 points
(4) Honours points shall be awarded where a candidate gains honours in a one point scoring subject offered by the faculty on the following basis:
First Class Honours 5 points Second Class Honours (A) 3 points Second Class Honours (B) 2 points Third Class Honours 1.25 points
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(5) Honours points shall be awarded where a candidate gains honours in the subject 730-413 Research Project on the following basis:
First Class Honours 20 points Second Class Honours (A) 12 points Second Class Honours (B) 8 points Third Class Honours 5 points
7. Where a candidate has been granted credit for subjects equivalent to scoring subjects completed at another tertiary institution, the Final Honours Board may at its discretion award honours points in respect of one or more of those subjects.
8. A candidate who has failed in any two or three point scoring subject or subjects shall lose 2.5 points for each failure. A candidate who has failed in any one point scoring subject or subjects shall lose 1.25 points for each failure.
9. Where two or more candidates obtain scores which in the opinion of the Board do not reflect significant differences between the merits of the candidates, the Board may take into account any failure in non-scoring subjects of the LL.B. course when deciding whether to rank them equally or in a particular order of merit.
10. In special cases where a candidate would not otherwise obtain an honours degree the Final Honours Board is empowered to take into account hardship and illness detracting from the candidate's academic performance in assessing that candidate's final honours score.
11. (1) Where the candidate has presented for a deferred or special examination the result obtained in such an 144
examination shall be taken into account in the assessment of that candidate's honours score.
(2) As between candidates who have obtained equal honours scores, those candidates who have not been awarded honours points on the results of deferred or special examinations, shall be given preference in the final honours class list.
Minimum Number of Points for Eligibility
12. Candidates who have qualified for the Degree of Bachelor of Laws may be granted the Degree of Bachelor of Laws with Honours if they gained a total of at least 44 honours points.
13. Where a candidate has qualified for the Degree of Bachelor of Laws having passed in scoring subjects which carry a total of credit points other than 37, the Final Honours Board shall multiply the honours points obtained by that candidate by 37/n (where n = the number of credit points in scoring subjects passed by the candidate). A candidate who has received credit for a scoring subject as a result of work completed at another tertiary institution shall be deemed for the purpose of this rule to have passed in the subject.
CLUBS AND SOCIETIES
Law Students' Society
All Law students are members of the Law Students' Society which is run by a committee of about 30 people. The committee takes responsibility for organising, among other things, the Law Ball, the student advocacy competitions, orientation week activities, the Counter-handbook, a newsletter ('Purely Dicta'), careers information, speakers on campus and 145
sports matches. It also represents students' interests on the Law faculty and Melbourne University Committees (eg. education). Activities are open to everyone and all students are urged to participate actively in the extra-curricular and social aspects of their education.
Students' Legal Action Forum
Reconstituted late in 1989, the Students' Legal Action Forum hopes 1992 will see the return of this group as one of the most relevant on campus for law students. As well as organising informal social functions the Forum plans to promote legal discussion and hold seminars with a broadly left perspective. Many such activities held in the past (in '86 and '87) attracted very wide interest. Following the success of its student legal rights publication(1987) the Forum has published a critical journal over the summer of 89/90 incorporating articles with a socio/legal perspective. It is hoped that this publication will become an annual event.
Postgraduate Law Students' Society
Moves were made late in 1989 to form an organization for postgraduate law students. Its prime function is to inject more spirit and life into the postgraduate programme. In addition, it will strengthen the links between the Law School and its graduate students. Planned activities will almost invariably be social. However, they will be motivated by the desire to provide a forum for exchange of knowledge and ideas on legal issues and practical assistance with methodology. In this way it is hoped that postgraduate students will lose the feeling that they are studying in isolation, and will begin to reap the intangible rewards of postgraduate study. Initial plans are low-key, but it is anticipated that before long the society will be a viable and valuable institution. 146
Women's Law Collective
Established in 1990, the Women's Law Collective is the Law School's first collective for and about women, aimed at promoting the interests and addressing specific concerns of women law students. The collective provides an opportunity for women to meet, to share views and common concerns and to provide support through seminars and workshops, study groups, film screenings as well as more informal monthly meetings and other social functions. Issues such as the use of non-sexist language, safety on campus, sexual harassment, women's participation in class and various activities and career information have also been addressed.
The WLC is there for all women law students. We invite all women to attend meetings and social functions and to become actively involved in the WLC.
Asian Law Club
Enquiries: Asian Law Centre, 153 Barry Street, Carlton, 3053.
The Asian Law Club was set up in April 1988 as the student body of the Asian Law Centre, to utilise and promote the resources offered by the Centre.
Basically, it is a club for any student who is interested in Asian Law. The aims of the club are:
to provide assistance to Melbourne University's Asian Law Centre;
to facilitate contact between people interested in Asian Law;
to promote awareness of the legal systems of Australia's regional neighbours; and 147
to promote awareness of the political, economic, social and cultural contexts in which various Asian Legal Systems operate.
Since the successful integration of the Club as part of the Asian Law Centre, the activities undertaken are varied and have received great support from students. The assistance of Professor Smith, Sarah Biddulph, Veronica Taylor and Zoe Edney at the Asian Law Centre has been vital in the organisation of Asian Law Club activities, but the successful operation of the club depends upon continued encouragement and support by students. Our emphasis is on broad-based participation in the development of a wide range of interests. We welcome the assistance and enthusiasm of anyone interested.
ALAIAPS
This group is run by students for part-time and mature-age law students.
Its aim is to provide an opportunity to meet others in a similar situation with normal work and/or family commitments.
We do this with informal social functions, mainly wine and cheese afternoons, champagne and chicken parties, etc., with the aims of generally having a good time and meeting others in the faculty not normally encountered.
Functions are announced on various posters, and the more who come, the merrier!
For information refer to ALMAPS noticeboard in the Law Cloisters.
ALSA
The Australasian Law Students Association (ALSA) is the central representative organ of Law Students and Law Students Societies in the 148
Australasian region, with the principal object of promoting co-operation between members, facilitating discussion and the exchange of information. Having developed from interstate mooting competitions, ALSA is perhaps best known among Law students for its annual conference at which there are many seminars, social events and competitions. In 1992 this Conference will be held in Canberra during the mid-year break.
The ALSA executive comprises the following: President, Secretary and Treasurer. Its functions are initially administrative and involve overseeing the running of the association and its affairs.
If you would like to know more about ALSA or its activities, please contact the Law Students' Society, phone 344 6179.
STUDENTS WITH DISABILITIES
The Law School welcomes students with disabilities. However, some of you may not find the Law School building so accessible. Apart from the Library lift, there is a lift to the first floor of the Law Building. It is in the East Wing, through the entrance there. The nearest toilet for the disabled is located in the basement of the Union building, just a short distance from the Law Quadrangle.
Classrooms and Teaching: Although many of our teaching rooms are inaccessible for students in wheelchairs, we are usually able to rearrange rooms if we know there is an access problem. Please see Frances Gilleard, the Program Manager (Undergraduate Studies), if there is an access problem in a law class. If you have a sight problem, and are unable to see the board or overheads properlÿ, please tell your lecturer: s/he'll make alternative arrangements. If you need a notetaker, it may be possible to arrange one through the University. Student Counselling (see below) should be able to assist. 149
If you require special arrangements for assessment please approach your teacher or the Law School Office.
Access to teachers: Some teachers' offices are inaccessible by wheelchair. There is an internal phone in the Law Library where you can contact staff members who can arrange to meet you elsewhere. If you can't use the phone, ask the Library Staff.
Library: There are parts of the Law Library that are inaccessible to wheelchairs. If you need books from these areas, please approach the Law Library staff who will help. There are lifts in the Law Library available for use by students in wheelchairs.
Generally: There is a booklet produced by the University called 'Handbook for Students with Disabilities' which sets out information of more general relevance to life in the University. In particular, you should know that apart from contacting people in the Law School direct, the Disabled Students' Liaison Officer, Julia Powell, can also be contacted for assistance. Her office is situated in the old geology building south.
Please do not hesitate to draw to the Law School's attention ways in which we can assist you or other students with disabilities. Often a solution will be obvious to you, but we have not thought of it - Tell Us! A useful first point of call will be Frances Gilleard in Room G-05.
EQUAL OPPORTUNITY COMMITTEE
In 1991 the Law Faculty established an Equal Opportunity Committee to monitor and advise on matters of equal opportunity within the Law School. One of the functions of the Committee is to liaise between students and the Dean on matters that may relate to equal opportunity. This includes any complaints of discrimination on the basis of gender, religion, political belief, sexuality, race or physical disability. 150
The student members of this Committee are Jane Ellis and Nicola Gobbo. If you have any concerns of either a personal or more general kind which you think ought to be considered by the Committee, please contact either of these students or the Convenor of the Committee, Hilary Charlesworth, extension 6210.
SCHOLARSHIPS, BURSARIES, PRIZES AND FINANCIAL ASSISTANCE
The Faculty has undertaken a wide ranging review of prizes available to Law Students. A complete list of available prizes will be posted on the Faculty of Law notice board at the end of the year.
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SCHEDULE OF ASSESSMENT INTRODUCTION
Submission of Assignments/Essays to the Law School Office
All essays/assignments must be handed to the Law School Office by 4:30 pm on the due date, unless stated otherwise. A cover sheet must be attached to each of the two copies which are submitted. Students are advised to retain a further copy of the completed essay/assignment.
Marking Policy
Several years ago the Faculty decided to formalise its policy in relation to the enforcement of word limits. The examiners in each subject have a choice of three alternative policies. The policy which has been adopted for each subject is ex-lained in the following pages by the use of code numbers. The code numbers stand for the following policies:
Code 1: Any word limit will be enforced strictly and any excess will incur a marking penalty. Code 2: Work adjudged grossly in excess of any word limit may incur a marking penalty or be returned for rewriting. Code 3: Any word limit will be regarded as recommended rather than compulsory, and no student will be disadvantaged for exceeding the limit.
Joint Work
Where this is permitted, the express approval of the lecturer in charge of the subject MUST be obtained beforehand.
LAW SCHOOL
SCIIEDULE OF ASSESSMENT 1992
Note: (1) All dates are PROVISIONAL at this stage. (2) All topics must be approved. (3) All assignments must be submitted in duplicate by 4.30 pm on the due date, unless announced otherwise. (4) Assignments may be problems, essays, papers, memorials or any other kind of work as indicated wh announced. (5) All assignments marked "optional" are chosen by the student not by the subject lecturer or tutor.
Compulsory Marking Joint Subject or Policy Work No. Subject Type of Work Optional Value riming (Code) Permitt
730-302 Advanced Administrative Research Assignment Compulsory 100% Due: 23 October Law (not exceeding 10,000 words) OR Final Exam: 3 Hours Compulsory 100% November (if no assignment is submitted) 730-356 Advanced Constitutional Research Assignment Compulsory 100% Topic Approved: 2 Law 10,000 words 24 April Due: 23 October OR Final Exam: 3 Hours Compulsory 100% November Compulsory Marking Joint Subject or Policy Work No. Subject Type of Work Optional Value Timing (Code) Per mitt
730-309 Banking and Negotiable 2,500-3,000 word Optional 50% Due: 5 October Instruments assignment AND Final Exam: Ph Hours Compulsory 50% November (if assignment is submitted) OR Final Exam: 3 Hours Compulsory 100% November (if no essay is submitted)
No 730-334 Company Law 3,000 word essay Compulsory 30% Due: 28 August AND Final Exam: 2 Hours Compulsory 70% November (if assignment is submitted) OR Final Exam: 3 Hours Compulsory 100% November (if no essay is submitted)
730-370 Computer Law Final Exam: 3 Hours Compulsory 100% November No Compulsory Marking Joint Subject or Policy Work No. Subject Type of Work Optional Value Timing (Code) Permitt
730-404 Conflict of Laws Research Assignment Optional 50% Due: 3 August 2 No AND Final Exam: 1% Hours Compulsory 50% November (if assignment is submitted) OR Final Exam: 3 Hours Compulsory 100% November (if no assignment is submitted)
730-204 Constitutional and Research Assignment Compulsory 25% Announced: 6 April No Administrative Law (not exceeding Due: 24 July 2,500 words) Returned: 4 September AND Final Exam: 3 Hours Compulsory 75% November
730-202 Contracts Research Assignment Compulsory 40% Announced: 29 May 1 No 3,000 words Due: 31 August AND Final Exam: 2 Hours Compulsory 60% November Compulsory Marking Joint or Policy Work Subject No. Subject Type of Work Optional Value Timing (Code) Permitt
730-102 Criminal Law and Research Assignment Optional 20% Due: 17 August 1 No Procedure 2,000 words AND Final Exam: 2 Hours Compulsory 80% November (if assignment is submitted) OR Final Exam: 3 Hours Compulsory 100% November (if no assignment is submitted)
730-349 Current International Take Home Examination Compulsory 100% TBA 1 No Legal Problems 4,000 words OR Research Assignment Compulsory 100% TBA 1 No 4,000 words with Instructor's consent Compulsory Marking Joint Subject or Policy Work No. Subject Type of Work Optional Value Tuning (Code) Permitt
730-338 Employment Law Research Assignment Optional 60% Approved end of April 3 No (not exceeding Due: 11 September 6,000 words) AND Final Exam: 1' Hours Compulsory 40% November (if assignment submitted) OR Final Exam: 3 Hours Compulsory 100% November (if no assignment is submitted)
730-357 Equity Mid year Research Compulsory 30% June Assignment AND Final Exam: 3 Hours Compulsory 70% November
730-374 European Community Research Essay Optional 50% TBA Law (not exceeding 3,000 words) AND Final Exam: 1' Hours Compulsory 50% November OR Final Exam: 3 Hours Compulsory 100% November Compulsory Marking Joint Subject or Policy Work No. Subject Type of Work Optional Value Timing (Code) Permitt
730-313 Family Law Research Assignment Compulsory 40% TBA AND Final Exam: 3 Hours Compulsory 60% November
730-369 Feminist Legal Theory Research Assignment Compulsory 70% TBA 7,000 words AND Final Take Home Compulsory 30% November 2 Yes Examination
730-105 History and Philosophy Research Assignment Compulsory 45% TBA 3 of Law 3,000 words and class participation Compulsory 10% AND Final Exam: 3 Hours Compulsory 45% November
730-350 Human Rights Law Research Essay Compulsory 60% Approved: 15 May 6,000 words Due: 17 July AND Take Home Examination Compulsory 40% November Compulsory Marking Joint Subject or Policy Work No. Subject Type of Work Optional Value Timing (Code) Permitt
730-335 Intellectual Property Research Assignment Optional 40% Announced: 30 April 2 No 4-5,000 words Due: 14 August AND Final Exam: 2 Hours Compulsory 60% November (if assignment submitted) OR Final Exam: 3 Hours Compulsory 100% November (if no assignment is submitted)
730-307 International Law Research Assignment Compulsory 40% Approved: 1 June 2 Yes 4,000 words Due: 3 August OR Assignment 1 20% Given out: 15 May 1 No 2,000 words Due: 25 May AND Assignment 2 20% Given out: 24 August 1 2,000 Due: 4 September AND Final Take Home Compulsory 60% TBA Examination Compulsory ltfarking Joint Subject or l'olicy Work No, Subject Type of Work Optional Value Timing (Code) Permitt
730-375 Introduction to European Research Essay Optional 50% TBA Civil Law Systems (not exceeding 3,000 words) AND Final Exam: 11/2 Hours Compulsory 50% June OR Final Exam: 3 Hours Compulsory 100% June
730-414 Jessup Moot Assignment of Two Compulsory 100% Early February 1 Yes Memorials
730-315 Jurisprudence Research Assignment Optional 40% TBA 3 No 4,000 words AND Final Exam: 2 Hours Compulsory 60% November (if assignment submitted) OR Final Exam: 3 Hours Compulsory 100% November (if no assignment is submitted) Compulsory Marking Joint Subject or Policy Work No. Subject Type of Work Optional Value Timing (Code) Permitt
730-340 Labour Relations Law Research Essay Optional 60% Approved end April 3 No 6,000 words Due: 18 September AND Final Exam: 11/2 Hours Compulsory 40% November (if assignment submitted) OR Final Exam: 3 Hours Compulsory 100% November (if no assignment is submitted)
730-412 Land Contracts Final Exam: 3 Hours Compulsory 100% June
730-342 Law and Discrimination Research Assignment Compulsory 70% TBA 7,000 words AND Final Exam: 2 Hours Compulsory 30% November
730-352 Law and Society in China Research Assignment Compulsory 100% TBA 5-6,000 words OR Final Exam: 3 Hours Compulsory 100% June Compulsory Marking Joint Subject or Policy Work No. Subject Type of Work Optional Value Timing (Code) Permitt
730-327 Law and Society in Japan Research Assignment Compulsory 100% TBA 5-6,000 words OR Final Exam: 3 Hours Compulsory 100% November
730-358 Law and Society in Research Assignment Compulsory 100% TBA Malaysia 5-6,000 words OR Final Exam: 3 Hours Compulsory 100% June
730-346 Law of Sales Research Assignment Optional 30% Due: early 2 3,000 words semester 2 AND Final Exam: 2 Hours Compulsory 70% November (if assignment is submitted) OR Final Exam: 3 Hours Compulsory 100% November (if no assignment is submitted) Compulsory Marking Joint Subject or Policy Work No. Subject Type of Work Optional Value Timing (Code) Permitt
730-347 Law of Security and Research Assignment Optional 30% TBA 2 No Secured Transactions 3,000 words AND Final Exam: 2 Hours Compulsory 70% November (if assignment is submitted) OR Final Exam: 3 Hours Compulsory 100% November (if no assignment is submitted)
730-305 Litigation Final Exam: 2 Hours Compulsory 35% June (Civil Procedure) AND Final Exam: 3 Hours Compulsory 65% November (Evidence) Compulsory Marking Joint Subject or Policy Work No. Subject Type of Work Optional Value Timing (Code) Permitt
730-348 Media Law Research Assignment Optional 40% Announced: 18 March 2 No 4-5,000 words Due: 23 June AND Final Exam: 2 Hours Compulsory 60% November (if assignment is submitted) OR Final Exam: 3 Hours Compulsory 100% November (if no assignment is submitted)
730-501 Procedure Final Exam: 2 Hours Compulsory 100% June
730-503 Professional Conduct Final Exam: 3 Hours Compulsory 100% November
730-203 Property Research Assignment Optional 30% Announced: 31 March 2 No 3-4,000 words Due: 13 July AND Final Exam: 2 Hours Compulsory 70% November (if assignment is submitted) OR Final Exam: 3 Hours Compulsory 100% November (if no assignment is submitted) Compulsory Marking Joint Subject or Policy Work No. Subject Type of Work Optional Value Timing (Code) Permitt
730-413 Research Project Research Essay Compulsory 100% 2 November 2 10,000-12,000
730-321 Restitution Research Assignment Compulsory 40% TBA (not exceeding 4,000 words) AND Final Exam: 2 Hours Compulsory 60% November
730-324 Restrictive Trade Practices Final Exam: 3 Hours Compulsory 100% November
730-323 Succession Final Exam: 3 Hours Compulsory 100% November
730-403 Takeovers and Securities 3,000 word essay Compulsory 50% TBA Regulation AND Final Exam: 11/2 Hours Compulsory 50% November (if essay is submitted) OR Final Exam: 3 Hours Compulsory 100% November (if no essay is submitted)
730-407 Taxation Final Exam: 3 Hours Compulsory 100% November Compulsory Marking Joint Subject or Policy Work (Code) Permitt No, Subject Type of Work Optional Value Timing
730-303 Torts 2 2,500-3,000 word Optional 50% Due: 18 May assignment AND Final Exam: 11/2 Hours Compulsory 50% June (if assignment is submitted) OR Final Exam: 3 Hours Compulsory 100% June (if no essay is submitted)
730-104 Torts and the Process of Up to 5 skills - Compulsory Credit TBA 2 Law related towards assignments pass in subject AND Assignment: Compulsory 15% TBA 2 No (1,500 words) AND Assignment: Compulsory 35% TBA 2 (2,500 words) AND Final Exam: 2 Hour Compulsory 50% November open book Compulsory Marking Joint Policy Work Subject or No. Subject Type of Work Optional Value Timing (Code) Peruritt
730-351 Trade Marks and Final Exam: 3 Hours Compulsory 100% November Commercial Designations 167
TEXTBOOKS FOR 1992 UNDERGRADUATE
730-302 Advanced Administrative Law
Sykes E I, Lanham D J and Tracey RRST General Principles of Administrative Law 3rd ed 1989 Butterworths
730-356 Advanced Constitutional Law
Commonwealth of Australian Constitution Act 1900 AGPS
730-309 Banking and Negotiable Instruments
*Tyree AL Banking Law in Australia 1989 Butterworths Ellinger E P Modem Banking Law 1987 Clarendon *Bills of Exchange Act 1909 AGPS Commonwealth *Cheques and Payment Orders Act 1986 AGPS
730-334 Company Law
Students are advised not to purchase any books until advised by the lecturer.
730-370 Computer Law
Printed materials will be issued by the Law School.
730-404 Conflict of Laws
Nygh P E Conflicts of Laws in Australia 5th ed Butterworths Sykes E I and Pryles M C Australian Private International Law 3rd ed Law Book Co 168
* Sykes E I and Pryles M C Conflict of Laws: Commentary and Materials 3rd ed Law Book
730-204 Constitutional and Administrative Law
Sawer G Australian Government Today 13th ed 1987 Pitman LaNauze J A The Making of the Australian Constitution 1972 MU? Howard C and Saunders C Cases and Materials on *Constitutional Law 1979 Law Book *Commonwealth Constitution Constitution Act 1975 (Vic) Vic Govt de Smith S A Constitutional and Administrative Law 6th ed 1989 Penguin Howard C Australian Federal Constitutional Law 3rd ed 1985 Law Book Castles A C An Australian Legal History 1982 Law Book Allars M Introduction to Australian Administrative Law 1990 Butterworths
A reading guide will be issued.
730-202 Contracts
Starke J Cheshire & Fifoots Law of Contract Butterworths Ellinghaus M High Court of Australia on Contract 1950-1980 1983 Law Book
730-102 Criminal Law and Procedure
Brett P and Waller L Criminal Law and Cases 6th ed 1989 Butterworths Crimes Act 1958 (Vic) and Amending Acts Howard C Criminal Law 5th Law Book Gillies P Criminal Law 2nd ed Law Book Williams G L Criminal Law 2nd ed Stevens Smith J C and Hogan B Criminal Law 6th ed Butterworths 169
Williams C R and Weinberg M S The Law of Property Offences in Australia 1986 Law Book Lanham et at Criminal fraud 1987 Law Book
730-349 Current International Legal Problems
Printed materials will be issued by the Law School.
730-338 Employment Law
Decry S D et al Australian Industrial Relations 1985 McGraw-Hill (PR) Sykes E I and Yerbury D Labour Law in Australia Vol 1 1980 Butterworths Creighton W B, Ford W J and Mitchell R J Labour Law and Materials and Commentary 1983 Law Book Macken J J McCarry G and Sappideen C The Law of Employment 1990 Law Book Smith G Public Employment Law 1987 Butterworths *McCallum R, Pittard M and Smith G Cases and Materials on Industrial Law in Australia 1990 Butterworths Creighton W B Understanding Occupational Health and Safety Law in Victoria 1986 CCH Brooks A Guide Book to Australian Occupational Health and Safety Laws 1988 3rd ed CCH *Creighton W B and Stewart A Labour Law: an Introduction 1990 Federation Press
730-357 Equity
Heydon J D, Gummow W M C and Austin R P Cases and Materials on Equity and Trusts 3rd ed 1989 Butterworths Ford H A J and Lee W A Principles of the Law of Trusts 2nd ed 1990 Law Book Trustee Act 1958 (Victoria) Ford H A J and Hardingham I Cases on Trusts 6th ed 1990 Law Book 170
Meagher R P and Gummow W M C and Lehane J Equity Doctrines and Remedies 2nd ed 1984 Butterworths Meagher R P and Gummow W M C Jacobs' Law of Trusts in Australia 5th ed 1986 Butterworths
730-374 European Community Law
*Kapteyn P J G and Verloren Van Themaat P Introduction to the Law of the European Communities 1989 2nd ed Kluwer *Treaties establishing the European Communities Office for official Publications of the European Communities Mathijsen PSRF A Guide to European Community Law 1990 5th ed Sweet & Maxwell (Law Book Company)
730-313 Family Law
Printed materials will be issued by the Law School.
730-369 Feminist Legal Theory
*Regina Graycar and Jenny Morgan The Hidden Gender of Law 1990 Federation Press Sydney Other materials will be issued as required.
730-105 History and Philosophy of Law
Printed materials will be issued by the Law School
730-350 Human Rights Law
Bailey P Human Rights in Australia Butterworths Meron T (ed) Human Rights in International Law OUP A detailed reading guide and materials will be issued. 171
730-335 Intellectual Property
*Blakeney M and McKeough J Intellectual Property: Commentary and Materials Law Book Ricketson S Law of Intellectual Property Law Book *Copyright Act 1968 (as amended) AGPS *Patents Act 1990 AGPS *Designs Act 1906 (as amended) AGPS Plant Variety Rights Act 1987 AGPS Stewart A and McKeough J Intellectual Property in Australia Butterworths
730-307 International Law
Akehurst M A Modern Introduction to International Law 5th ed Allen & Unwin 1987 Brownlie I Principles of Public International Law 4th ed 1990 OUP Grieg D W International Law 2nd ed 1976 Butterworths *Harris D J Cases and Materials on International Law 4th ed 1991 Sweet & Maxwell Ryan K ed International Law in Australia 2nd ed 1984 Law Book Starke J G Introduction to International Law 9th ed 1989 Butterworths Reicher H (ed.) Cases and Materials on International Law in Australia 1992 Law Book (forthcoming) Detailed reading guide and booklist will be issued.
730-375 Introduction to European Civil Law Systems
Merryman J H The Civil Law Tradition Stanford University Press David R and Brierley J E Major Legal Systems in the World Today 1985 3rd ed Stevens 172
730-315 Jurisprudence
Printed materials will be issued by the Law School.
730-340 Labour Relations Law
Industrial Relations Act 1988 CCH McCallum R, Pittard M and Smith G Australian Labour Law: Cases and Materials 1990 Butterworths Creighton W B and Stewart A Labour Law: An Introduction 1990 Federation Press
730-412 Land Contracts
Voumard L Sale of Land 4th ed Wikrama-Nayake PN Property Law Act 1958 Victoria Transfer of Land Act 1958 Victoria Sale of Land 1962 Victoria Subdivision Act 1988 Victoria
730-342 Law and Discrimination
Ronalds C Affirmative Action and Sex Discrimination 1991 Pluto Press *Equal Opportunity Act 1984 Victoria *Racial Discrimination Act 1975 as amended Commonwealth Human Rights and Equal Opportunity Commission Act 1986 Commonwealth Affirmative Action (Equal Opportunity for Women) Act 1986 Commonwealth *Sex Discrimination Act 1984 Commonwealth Hunter R Indirect Discrimination in the Workplace 1992 Federation (forthcoming) Thornton M The Liberal Promise: Anti-Discrimination Legislation in Australia 1990 Oxford
A reading guide and materials will be issued. 173
730-352 Law and Society in China
Printed materials will be issued by the Law School.
730-327 Law and Society in Japan
Beasley W G The Modern History of Japan pbk eds Haley J O Law and Society in contemporary Japan 1988 Kendall/Hunt Nakane C Japanese Society 1970 Calif UP/Penguin 1973 Reischauer E O The Japanese Today 1988 Harvard UP Tanaka H The Japanese Legal System Introductory Cases and Materials 1976 Tokyo UP
Reading guide and course materials will be issued.
730-358 Law and Society in Malaysia
Printed materials will be issued by the Law School.
730-346 Law of Sales
Sutton Sales and Consumer Law in Australia and New Zealand 3rd ed 1983 Law Book Co
730-347 Law of Security and Secured Transactions
Sykes The Law of of Securities 4th ed 1986 Law Book Co
730-305 Litigation
*Aronson M Reaburn N and Weinberg M Litigation, Evidence and Procedure 4th ed 1988 Butterworths *Evidence Act 1958 Victoria *Crimes Act 1958 Victoria 174
Byrne D M and Heydon J D Cross on Evidence 3rd Aust ed 1986 Butterworths *Fox R G Victorian Criminal Procedure 6th ed 1988 Monash Law Stat Co-op Waight and Williams Cases and Materials on Evidence 3rd ed 1990 Law Book *General Rules of Procedure in Civil Proceedings 1986 Vic Govt (PR) *Williams N J Supreme Court Civil Procedure 1987 Butterworths Findlay M and Duff P The Jury Under Attack 1988 Butterworths Forbes J R S Similar Facts 1987 Law Book Gillies P Law of Evidence in Australia 1987 Legal Books Ligertwood A L C Australian Evidence 1988 Butterworths A departmental reading guide with additional references will be issued.
730-348 Media Law
*Walker S The Law of Journalism in Australia 1989 Law Book *Broadcasting Act 1942 Commonwealth
730-501 Procedure
Williams N J Supreme Court Civil Procedure 1987 Butterworths *Aronson Reaburn and Weinberg Litigation Evidence and Procedure 4th ed 1988 Butterworths Cairns B Australian Civil Procedure 2nd ed 1985 Law Book *General Rules of Procedure in Civil Proceedings 1986 Vic Govt (PR) 175
730-503 Professional Conduct
*Lewis G D and Kyrou E Handy Hints on Legal Practice 1985 Law Book Disney J et al Lawyers 2nd ed 1986 Law Book Gifford K H 'Legal Profession, Law and Practice in Victoria - Sydney' 1980 Law Book Legal Profession Practice Act (Vic) 1958 as amended. (Reprint No. 4 incl. amendments to Act 8778) *Auditors Disclosure of Information Rules as amended *Solicitors Audit and Practising Certificates Rules as amended *Solicitors Professional Conduct and Practice Rules *Sharing of Remuneration Rules The above Act and Rules set out in Gifford's Book are now out of date. Detailed references to other works will be given by the lecturer.
730-203 Property Reynolds H The Law of the Land 1987 Penguin Teh G and Dwyer B Introduction to Property Law 1988 Butterworths *Sackville R and Neave M A Property Law Cases and Materials 4th ed 1988 Butterworths *Property Law Act 1958 Victoria *Transfer of Land Act 1958 Victoria *Limitation of Actions Act 1958 Victoria (Acts incorporating all latest amendments) Cheshire G C and Burn E H Modern Law of Real Property 13th ed 1982 Butterworths Megarry R E and Wade H W R The Law of Real Property 5th ed 1984 Stevens 176
730-321 Restitution
Goff and Jones The Law of Restitution 3rd ed 1986 Sweet and Maxwell Birks An Introduction to the Law of Restitution 1985 Clarendon Paperback
730-324 Restrictive Trade Practices
*Trade Practices Act 1974 (Cth) Commonwealth Government Printer or CCH
730-323 Succession
Administration and Probate Act 1958 Victoria Wills Act 1958 Victoria Hardingham I J, Neave M A and Ford H A J Wills and Intestacy 2nd ed 1989 Law Book
730-403 Takeovers and Securities Regulation
Companies Code Vic Govt (PR) Companies (Acquisition of Shares) Code Vic Govt (PR) Securities Industry Code Vic Govt (PR) Corporations Act 1988 Cth Australian Securities Commission Act 1988 Cth
730-407 Taxation
Greenbaum A I Australian Income Tax Law Study Guide and Casebook, Law Book Co 1991 Cooper, Krver and Vann Income Taxation: Commentary and Materials LBC 1989 Income Tax Assessment Act 1936 as amended Butterworths or CCH 177
730-303 Torts 2
*Luntz H and Hambly D Torts Cases and Commentary 3rd ed 1992 Butterworths Fleming J G Law of Torts 7th ed 1987 Law Book Balkin R P & Davis J L R Law of Torts 1991 Butterworths
730-104 Torts and the Process of Law
*Luntz, Hambly and Hayes Torts: Cases and Commentary 2nd ed 1985 Butterworths and Supplement 1986 Butterworths *Morris, Cook, Creyke and Geddes Laying Down the Law 2nd ed 1988 Butterworths *Wrongs Act 1958 (Vic.) *Transport Accident Act 1986 (Vic.) Fleming J G Law of Torts 7th ed and Supplement Law Book
Supplementary printed materials will be issued during orientation week
730-351 Trade Marks and Commercial Designations
Liberman A Guidebook to Australian Trade Marks Law 2nd ed CCH Shanahan D Australian Law of Trade Marks and Passing Off 2nd ed Law Book *Trade Marks Act 1955 (as amended) AGPS Trade Practices Act 1974 (as amended) AGPS
* Denotes prescribed texts.
Library Digitised Collections
Author/s: University of Melbourne. Faculty of Law
Title: Faculty of Law Handbook, 1992
Date: 1992
Persistent Link: http://hdl.handle.net/11343/25068
File Description: Faculty of Law Handbook, 1992