The University of Sydney Faculty of Law Handbook 1999 The University's homepage tells you all about courses at Communications should be addressed to: Sydney, some careers they can lead to, and what university life The University of Sydney, NSW 2006. is like. The interactive website, with video and sound clips, Phone: (02) 9351 2222 has links to the University's faculties and departments. You can explore the University of Sydney on the web at Faculty of Law phone: (02) 9351 0351 http://www.usyd.edu.au/. Faculty of Law fax: (02) 9351 0200 Semester and vacation dates 1999 Academic year information (Academic Board policy and dates 1998-2002) is available at: http://www. usyd. edu.au/su/planning/policy/acad/3_0aca. html Last dates for withdrawal or discontinuation 1999 Day Date (1999) Day Date (1999) March Semester lectures begin Monday 1 March March Semester, 1999 Easter recess Last day to Add a unit Friday 12 March Last day of lectures Thursday 1 April Last day for Withdrawal Wednesday 31 March Lectures resume Monday 12 April (no HECS liability, no academic penalty) Mid-semester recess Last day of lectures Friday 30 April Last day to Discontinue with Friday 23 April Permission (HECS liability incurred; no academic penalty) Lectures resume Monday 10 May Study vacation: 1 week beginning Monday 14 June Last day to Discontinue Friday 11 June Examinations commence Monday 21 June (HECS liability incurred; result of 'Fail' recorded) March Semester ends Saturday 3 July July Semester, 1999 July Semester lectures begin Monday 26 July Last day to Add a unit Friday 13 August Mid-semester recess Last day for Withdrawal Tuesday 31 August Last day of lectures Friday 24 September (no HECS liability, no academic penalty) Lectures resume Monday 11 October Last day to Discontinue with Friday 10 September Study vacation: 1 week beginning Monday 8 November Permission (HECS liability incurred; no academic penalty) Examinations commence Monday 15 November Last day to Discontinue Friday 5 November July Semester ends Saturday 4 December (HECS liability incurred; result of 'Fail' recorded) The University of Sydney Faculty of Law Handbook 1999 © 1998 The University of Sydney ISSN 1034-2656 The information in this handbook is subject to approval and/or change by the appropriate faculty or the University. Students should always check the accuracy of the information with faculty staff. Produced by the Publications Unit, The University of Sydney. Design, layout and database publishing by Neologica Print & Promotions, Surry Hills NSW, [email protected]. Printed by Printing Headquarters, Chippendale NSW. ii Contents Welcome from the Dean iv Other Faculty information 69 Services for students 70 Guide to the Faculty 1 Employment 71 Introduction to the undergraduate degree 3 Staff 72 Programs available 3 Departments 72 Structure of the Combined and Graduate Law degrees 3 Faculty administration 73 Honours in Law 4 Centres 73 Scholarships and prizes 73 Undergraduate units of study 7 Student societies 76 Introduction and information 7 General university information 79 Table of undergraduate units of study 21 Glossary 82 Resolutions covering the undergraduate degree 25 1998 Resolutions of the Senate Index 86 Bachelor of Laws 25 Maps 90 1988 Resolutions of the Senate Bachelor of Laws 27 Resolutions of the Faculty 28 Enrolment instructions 29 Progression through the degree 29 Postgraduate study 33 Doctorates 33 Doctor of Laws 33 Doctor of Philosophy 33 Doctor of Juridical Studies 34 Masters' Degrees and Graduate Diplomas 36 Resolutions of the Senate for Masters' Degrees and Graduate Diplomas in the Faculty of Law 37 Resolutions of the Faculty for Masters' Degrees and Graduate Diplomas 38 1. Graduate programs 38 2. Admission 38 3. Course requirements 39 4. Credit for other study 41 5. Course progress 42 6. Assessment and grades 42 7. Single unit enrolment 43 Units of study offered within the Faculty 44 Admission and enrolment 46 Student misconduct 46 International students 47 Postgraduate units of study 48 iii Welcome from the Dean When I first came to law school, as a student, I expected the study of law to be about learning the rules. I thought law would be a technical discipline of knowing what the rale book says and what the rules require in particular cases. There was some truth in that. We do expect you to learn the law and legal reasoning does have its own particular and sometimes technical character. But I also found - and you will find - that legal reasoning makes more demands upon your creativity and your imagination than I ever thought possible. This is because law always speaks in relatively general terms, and it is up to lawyers to work out how those general terms apply in the complexities of daily life. In doing that, lawyers have to ask themselves continually what is the best rationale for a rale, what considerations are important to determining its scope and application. That is why it is so important to have a legal education that allows for in-depth interaction and discussion with your lecturers. That is why a legal education should make sure that you engage in the kind of legal argument and experimentation that the practise of law demands. That is why the theory of law has to be interwoven with the practise. It is precisely in order to give you this kind of legal education that the University of Sydney has decided to move to small group teaching at the very time that other schools are having to expand class size. I came to the University of Sydney from Canada in February 1998 because this faculty embodies a number of features essential to any great law school. First, it combines a strong commitment to legal theory with high standards of professionalism and indeed close links to the practise of law. Second, it has long had an intensive commitment to the study of international and comparative law. In a world in which legal practice increasingly involves transnational elements, Sydney's extensive engagement with the world is valuable. Third, the University of Sydney has a very large postgraduate program, testifying to its quality and depth. Indeed, more than half of all the postgraduate law students in Australia choose to study at Sydney. This is indeed a very fine Law School. We are pleased to welcome you here. The Faculty's accomplishments have always been due to the quality of its students. We look forward to discovering what your distinctive contribution to that tradition will be. Professor Jeremy Webber, Dean. iv CHAPTER 1 Guide to the Faculty History problems. Student amenities include a cafeteria, common The Faculty of Law was inaugurated in 1855. There were only rooms, games rooms and two squash courts. The library, two other faculties in the University at the time, Arts and which occupies four floors of the building, can accommodate Medicine. The Faculty of Law commenced its work in 1859, 450 readers, half of them in individual carrels. but this work in the main was examining rather than teaching The Faculty now has approximately 1400 undergraduate for about 30 years. students, 650 postgraduate coursework students and 100 In 1880 John Henry Challis, a merchant and landowner of postgraduate research students. There are now 14 chairs, Potts Point, N.S.W., died. Five years after the death of his wife including the Challis Chairs of Law (Professor Harland), in 1884, the substantial bequest of his real and personal estate Jurisprudence (Professor Tay), and International Law began to pass to the University, 'to be applied for the benefit (Professor Shearer) and externally supported Chairs in of that institution in such manner as the governing body Industrial Law (Blake Dawson Waldron - Professor thereof directs'. As a result of this bequest eight university McCallum), Women and the Law (Dunhill Maden Butler - chairs, including those of Law and of International Law and Professor Graycar), Litigation and Dispute Resolution (Abbot Jurisprudence, were founded, together with a number of Tout - Professor Astor). The Dean of the Faculty in 1999 is specific lectureships, several of them in the Faculty. Professor Jeremy Webber. In 1890 Pitt Cobbett was appointed to the first Chair of Law and became the first Dean of the Faculty. This marked the The Faculty of Law commencement of the Law School as we know it today. After The Law School, St James Campus C13 Pitt Cobbett's resignation in 1910 Mr J.B. Peden (later Sir 173-175 Phillip Street John Peden) was appointed to the Chair of Law and became Sydney, N.S.W. 2000 Dean of the Faculty. A second chair was created after World DX 983 Sydney War I, and A.H. Charteris, of the University of Glasgow, was Phone: +61 2 9351 2222 (switch) appointed Challis Professor of International Law and Fax+61 2 9351 0200 Jurisprudence. The earliest lectures in the Law School, before Pitt Dean Cobbett's arrival from England, were given on the second, i.e. Professor Jeremy Webber the top, floor of an old building called Wentworth Court, Phone: +61 2 9351 0218 which ran from Phillip to Elizabeth Streets on the site of the Email: [email protected] former Government Insurance Office (the old Sun Office). Soon after Professor Pitt Cobbett's arrival in 1890 the Law Associate Deans School, with its 14 students and teaching staff of five, four of Undergraduate whom were part-time lecturers, moved a few doors along Associate Professor Donald Rothwell Phillip Street to the premises that Sir John Peden, writing in Phone:+61 2 9351 0308 1940, described as 'attractive quarters' in what used to be the Email: [email protected] Australian Pioneers' Club at No. 173. Postgraduate In 1896 the law School moved across Phillip Street to No.