Candidature
A candidate must either (i) be a bachelor of Laws of the University with first class honours or second class honours division A, or (ii) be a bachelor of Laws or its equivalent of any university who satisfies the faculty of Law of his ability to pursue advanced studies for the degree of master of Laws by thesis and obtains the faculty's approval for his candidature. What evidence is necessary to satisfy the faculty depends on the particular case. For example, approval might well be given to an applicant who wrote a particularly good research paper as an under- graduate.
Full-time or Part-time Studies
Candidates are normally expected to be full-time. It is the long and repeated experience of the faculty that a part-time candidate whose working-day is spent in a non-academic setting usually finds it impossible to carry out research and write a thesis of the required standard in his spare time, or to meet his supervisor often enough. An applicant for part- time candidature (other than a full-time member of the University academic staff) is required to satisfy the faculty that his other occupa- tion leaves him free to spend an adequate amount of time on his thesis.
Approval of Subject
Approval by the faculty of the applicant's proposed area of research and thesis subject is a pre-requisite to enrolment.
Intending applicants should in the first instance seek an interview with the chairman of the faculty's graduate studies committee (phone 341 6172).
In the case of an overseas applicant it is strongly recommended that approval be obtained before definite arrangements are made to come to Melbourne, and that full details of previous experience and academic record be submitted at the same time. Approval of subject is made by reference to the following factors: the applicant's ability as evidenced by previous record; in the case of an applicant who is not a native speaker of English, his command of that language; whether the subject suggested can be adequately supervised in this school; whether in the opinion of this faculty the subject suggested is of sufficient intel- lectual and practical significance to warrant investigation, or further investigation, as the case may be; whether the proposed research and writing of the thesis is likely to be finished during the time spent at this university by the applicant. Overseas candidates are recommended to submit alternative subjects and to indicate whether they have any pre- vious expertise in the relevant areas. They should also bear in mind that approval is not normally given for completion of the writing up of the thesis after a candidate's departure from Melbourne.
Supervision
In general one supervisor will be appointed to advise each candidate.
The role of the supervisor is advisory. It is the responsibility of the can- didate to seek the advice of the supervisor as and when he feels he needs it. It is not the responsibility of the supervisor to seek out the
candidate or police his progress. The practice of supervisors naturally varies in detail with the individual concerned. The important thing from the candidate's point of view is to achieve a fruitful and satisfactory working relationship of such a kind that the completed thesis, although guided by the supervisor if the candidate so requires, is unquestionably the candidate's own work both as to basic ideas and their detailed development. Equally, the candidate would be wise to seek his super- visor's comments on matters of style and presentation, but it is not the task of the supervisor to carry through a detailed correction of any drafts or scripts submitted to him. It follows from these principles that the finished work is not to be regarded for any purpose as reflecting the quality of the supervisor; that the candidate is entirely free to seek dis- cussion and advice elsewhere if he wishes; and that the candidate is not bound to accept advice given.
Preparation and Submission of Thesis
The thesis must be submitted by a full-time candidate not later than one calendar year after the date stated on the form of authority to enrol which is issued to each candidate and by a part-time candidate not later than two years from that date. These restrictions may be varied under exceptional circumstances but the expression 'exceptional circumstances' is strictly construed. It is emphasized that candidates would be wise to assume that no extension of time will be allowed. In case of illness during candidature, leave should be sought. In any case of difficulty which impedes timely progress, the advice of the supervisor should be sought promptly. Failure to do so weakens any subsequent application to the faculty.
The thesis must be typed, or reproduced In some equivalent manner, on International Standard Size paper A4 in double spacing and must include a title page, a bibliography, tables of contents, cases and statutes; a signed statement that the thesis is the work of the candidate alone, except where due acknowledgement is made in the text, and does not include material for which any other university degree or diploma has been awarded; and a one-page summary of the course of the argument.
It should not exceed three hundred pages, excluding tables and appen- dices. An index is not required. Courtesy acknowledgements of the kind which frequently appear in prefaces should definitely not be included.
Three copies of the thesis, securely bound and with the title and author lettered on the spine should be submitted by delivery to the secretary, graduate studies committee, faculty of Law.
If the thesis is passed by the examiners a copy will be placed in the university library. It should therefore be as free from deletions and addi- tions as possible.
Examination of Thesis
The examination consists of an evaluation of the thesis by the examiners.
The examiners may, If they see fit, in addition examine the candidate orally or in writing on the subject of his thesis, but this Is rarely, If ever, done in the case of the LL.M. Resubmission of a rejected thesis requires permission of the faculty, which would not be given except on recom- mendation of examiners.
730-602 MASTER OF LAWS BY COURSE-WORK
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Candidature
A candidate for the degree of master of Laws by course-work shall be either-
(a) a bachelor of Laws of the University with honours, or (b) a bachelor of Laws or its equivalent of any university who—
(i) satisfies the faculty of his ability to pursue advanced studies for the degree of master of Laws by course-work; and
(ii) obtains the faculty's approval for his candidature.
What evidence is necessary to satisfy the faculty depends on the parti- cular case. For example, experience in the practice of law since gradu- ating could be relevant.
An applicant for candidature is required to disclose details of other formal courses of study which he proposes to undertake during the period of proposed candidature.
Course of Studies for LL.M. by Course Work
Candidates will pursue a course of studies approved in each case by the faculty. An approved course of studies comprises four subjects drawn from subjects prescribed by the faculty as set out in the details of subjects appearing below.
The subjects prescribed include some subjects taught within the Univer- sity of Melbourne alone and others to be taught under joint arrangements between the University of Melbourne and Monash University.
No course will be approved unless the selection of subjects entails the writing of at least two research papers.
A candidate for LL.M. (Melbourne) may take as one of the four required subjects a unit offered by Monash University alone as part of its pro- gramme of LL.M. by coursework. Details as to the units available may be obtained from the sub-dean (graduate studies), faculty of Law, Monash University, Clayton, 3168.
Full-time or Part-time Studies
A course of study may be full-time or part-time. Full-time candidates will normally be expected to complete the course in one academic year.
Part-time candidates will normally be expected to complete at least two subjects in each year and to complete the requirements for the degree within two years.
Maintenance of Candidature
To maintain candidature for the award of the degree a candidate is required to attain an average mark of not less than seventy per cent over the four subjects of his approved course.
A candidate who attains an average mark of between sixty-five and sixty-nine per cent over the four subjects of his approved course may be permitted by the faculty to enrol for a fifth subject. If in that fifth subject he attains a mark of at least seventy per cent he will be eligible for the award of the degree.
Quotas
There may be a quota in respect of some subjects. Details as to quotas in any particular year will be available from the secretary of the faculty's graduate studies committee in December of the previous year.
Priority in selection for a particular subject in which there is a quota will be given as follows—
(i) first priority to candidates who have been enrolled in the course and have maintained an average mark of not less than seventy per cent over the subjects they have completed and who have not previously been enrolled for the subject in question;
(ii) second priority to candidates who have not maintained an average mark of seventy but have been enrolled in the course and in respect of whom the graduate studies committee is of the opinion that there is a reasonable possibility of their completing the course satisfactorily;
(iii) third priority to applicants who have not previously been enrolled in the course.
Candidates in categories (i) and (ii) shall, if need be, be ranked in order of average mark. Candidates in category (iii) shall, if need be, be ranked in order of academic merit based on their performance in their course for the degree of LL.B. or its equivalent and, as between the lowest ranked applicants of equal academic merit preference will be given according to order of receipt of formal application for inclusion in the course.
Absolute preference for inclusion in a particular subject will be accorded to candidates for the degree of LL.M. of the University of Melbourne over candidates for the degree of LL.M. of another university.
Selection for a subject in which there is a quota will not be accorded unless the applicant has the prescribed pre-requisite subject (if any).
Minimum Number of Enrolments and Cancellation of Subjects If the number of enrolments for a particular subject does not reach the minimum number required for that subject in the opinion of the faculty the subject will not be offered. The availability of subjects may also be affected by changes in teaching staff.
Application for Candidature and Approval of Course
Applicants for inclusion in the programme for LL.M. by course-work should apply to the secretary, graduate studies committee, faculty of Law, University of Melbourne, Parkville, 3052, on the form of applica- tion obtainable from the secretary.
The closing date for applications is Tuesday, 1st February, 1977.
Enrolment
On receiving from the secretary, graduate studies committee a form of authority to enrol, candidates should enrol in respect of subjects offered
- by the University of Melbourne alone; and
— by the University of Melbourne and Monash University jointly at Students' Records office, University of Melbourne.
Candidates wishing to take a subject offered only at Monash University should consult the sub-dean (Graduate Studies), faculty of Law, Monash University about enrolment procedures.
Dates of Classes
In each of the subjects offered there will be twelve seminars each of two hours' duration. Some will be conducted in the first half year period February to July, 1977, on dates to be notified. Others will be conducted in the second half year period July to October, 1977, on dates to be notified. Candidates will be assessed at the end of each half year period.
DETAILS OF SUBJECTS FOR LL.M. BY EXAMINATION
The books marked with an asterisk are essential and students should obtain their own copies.