Note: The Council of Legal Education has established a school to teach the subjects of the clerical and administrative staff courses. The Rules of the Council of Legal Education should be consulted for full provisions regarding entitlement.
An annual exam schedule will be available in the student records office several weeks before the exam begins. Examination numbers for candidates appearing at the University will be available in Student Records during the week prior to the commencement of the examination and must be applied for in person by candidates.
Consideration and Special Examinations 1. A candidate may receive special consideration in the assessment of
All candidates for the annual examination must have registered for lectures or external studies at the beginning of the year and must submit examination papers to the registrar by 17 July at the latest. Full details are posted on the notice boards for each course year and on the general notice board.
Examinations
The registrar sends any such application to the relevant faculty or board of studies. SUSPENSION AND RESTRICTION FOR UNSATISFACTORY PROGRESS Any student in a faculty who fails to pass an examination may be reported to the Board of Professors and may be suspended from such courses, subjects or subjects as the Board of Professors shall specify or may be restricted in any year. to topics specified by the board.
- Where a student fails in or is absent from any annual examination (including any supplementary or special examination) and the appro-
- In considering a report pursuant to section 2, after giving an oppor- tunity to the student to be heard, the Professorial Board may determine
- Any student suspended from any course or courses or from any subject or subjects under section 3 may apply for re-admission to any such
- No student who has entered a course for a degree or diploma in any university or university college and who has been suspended from that
- For the purposes of this regulation five members of the Board not including the dean of the faculty concerned shall constitute a quorum
For the application of these regulations, five members of the Executive Board, not including the dean of the relevant faculty, count as a quorum. They must also pass, whether or not as part of the coursework for the degree, in the subjects of.
UNDERGRADUATE LAW COURSES
- Each selection committee shall be responsible for selecting, up to the number fixed by Council, those applicants who are considered most
- If an applicant is not selected for the course of his first choice, his application must be considered for the course of his second and,
- An order of merit list shall be prepared according to the above prin- ciples, and places up to the number fixed by the Council shall be filled
- Except to the extent that they are expressly modified hereby, the University General Principles of Selection for First Year Courses are
- Selection Committee
- Applications
- Basis of Selection
- Reservation of Places
Any other conditions approved by the professor's board and the council on recommendation from the relevant faculty or board of studies. Minor applicants in the selection range must be interviewed by or on behalf of the relevant selection committee before being selected.
ADVICE TO NEW STUDENTS
- A candidate for the degree of bachelor of Laws shall, after matricu- lating, pursue his studies for at least four years, pass examinations in
- No candidate may in any year pursue a course of study or receive credit for examinations passed unless his proposed selection of subjects
- All students who are in their final year of study for the law degree and who will complete a substantial piece of legal writing in that year
- The requirement of a substantial piece of legal writing is satisfied where the candidate completes written work as part of the course require-
- A candidate who does not pass in or receive credit ad eundem statum for subjects carrying a total of two hundred and twenty-two or more
- The following classes of candidates shall be eligible for the award of honours degree, but not for inclusion in the class list of candidates
When assessing a candidate for admission to a bachelor's degree in law with honors, in accordance with principles approved by the faculty and the subject board, the faculty must take into account the candidate's performance in all subjects of the program. bachelor in law. BACHELOR OF LAWS WITH LEATHER. tions) is awarded on the basis of a review of the student's course for the degree LL.B. PRINCIPLES FOR ASSESSMENT OF CANDIDATES.
Hamson C J Executive Discretion and Judicial Control Stevens 1954 Report of the Committee on Ministerial Powers 1932 Cmd 4060.
730-306 COMPARATIVE LAW
730-404 CONFLICT OF LAWS
In this course particular attention is given to problems of jurisdiction, that is to say the rules which determine when a Victorian court will assume jurisdiction in such a case; choice of law, that is, the rules for determining the choice of the most appropriate law for deciding a particular problem once a Victorian court has assumed jurisdiction;. In the interstate sphere, the resolution of problems can be influenced by the existence of special legislation, but the provisions of the Commonwealth Constitution, and by the fact that the units are States of the same Commonwealth.
730-103 CONSTITUTIONAL HISTORY
This includes the study, not only of written constitutional laws, but also of the development of political institutions and constitutional attitudes—habits, customs, conventions—the unwritten customs that have come to be accepted as part of the constitution. The course also includes some examination of the development of constitutional relations between Great Britain and its North American and Australian colonies in the eighteenth and nineteenth centuries, and a brief consideration of the federal constitutions adopted by the United States, Canada and Australia.
730-303 CONSTITUTIONAL LAW
Written work and tests or a combination of both, as approved by the faculty, may be compulsory during the year. Tests or a combination of both, as approved by the faculty, as an alternative or addition to, or as a partial or full replacement of , this paper. Written work and tests or a combination of both, as approved by the faculty, and tests or a combination of both, as approved by the faculty, may be required during the year as an alternative to or in addition to, or as all or partial replacement of , this paper.
730-405 ADVANCED CONSTITUTIONAL LAW
Campbell E and Whitmore H Freedom in Australia 2nd ed SUP 1973 Fajgenbaum J I and Hanks P Australian Constitutional Law Butter-.
730-202 PRINCIPLES OF CONTRACT
Contract law is fundamental to most commercial transactions and forms the basis for the study of Mercantile Law. Cheshire G C and Fifoot C H S (JG Starke and PFP Higgins eds) The Law of Contract 3rd Aust ed Butterworth 1974.
730-102 CRIMINAL LAW
730-410 LAW OF EMPLOYMENT
Legal control over strikes and other concerted pressures at common law
Protection of the employee against injury
Workers' compensation
730-301 EQUITY
The second section of the course consists of an in-depth study of the equitable doctrines governing the creation of trusts. In dealing with the purpose of a trust the problem of trusts of imperfect obligation is considered.
730-305 PRINCIPLES OF EVIDENCE
Early in the course, the trustee-beneficiary relationship is distinguished from many similar relationships, such as agency, suretyship, debt, and corporate relationships. The treatment of the assets subject to the trust includes consideration of the difference between interest and expectation and the problem of promised trusts with special emphasis on life insurance trusts.
730-408 EXECUTORS AND TRUSTEES
Over the past three centuries, the common law system has developed a detailed set of rules governing the taking of evidence by courts. The common law therefore developed its rules with a view to providing a guarantee in advance as to the probable reliability of evidence that may be presented.
730-403 FAMILY LAW
Written work and tests or a combination of both as approved by the faculty may be required during the year as an alternative or in addition to, or a full or partial substitute for, this paper.
730-307 INTERNATIONAL LAW
Principles of Public International Law 2nd ed OUP 1973 Dam K The G.A.T.T.—Law and International Economic Organisation
O'Connell D P ed International Law in Australia Law Book 1965 Schwarzenberger G The Frontiers of International Law Stevens 1962 Schwarzenberger G A Manual of International Law 5th ed Stevens 1967 BEOORDELING.
730-401 JURISPRUDENCE
Written work and tests or a combination of the two approved by the faculty may be required during the year as an alternative or in addition to, or as a full or partial replacement of, this work. In general, the course deals with the sale of land under the Torrens system and the common law; and related topics.
730 - 402 LEGAL HISTORY
Whitfield LA Founders of the Law in Butterworth, Australia, 1971 Detailed reading lists will be provided at the start of the year and throughout the year. Portus JH The Development of Australian Trade Union Law MUP McPherson B H The Law of Company Liquidation Law Book 1968 Gole V L Australian Proprietary Companies Butterworth 1970 Afterman, AB Company Directors and Controllers Law Book 1970 Stoljar S J Groups and Entities ANU 1973.
730-101 LEGAL PROCESS
730-111 LEGAL PROCESS (SPECIAL COURSE)
Students are assessed based on a set of assignments, classroom exams administered during the course, and classroom participation, as approved by the faculty. The topics studied may vary from year to year, but will usually be selected from the following topics: sales of goods, hire purchase and other consumer securities, negotiable instruments, banking law, insurance, transportation of goods by land, sea and air, and agency .
730-411 PROBLEMS OF PROOF
Cross R Evidence Author: Gobbo J A Butterworth 1971 Materials to be published by Faculty of Law.
730-501 PROCEDURE
730-503 PROFESSIONAL CONDUCT
730-203 PRINCIPLES OF PROPERTY AND CONVEYANCING
- Approval and supervision of research projects referred to in the Working Rules for the degree of bachelor of Laws shall be the responsi-
- The projects committee shall consist of four members of whom—
- Written applications for approval of any research project must be lodged with the chairman of the projects committee by such date as
- Each application shall state in detail the nature, subject matter and scope of the project as well as the names of all those who propose to
- The projects committee shall have the responsibility of considering each application and communicating its decision thereon to the applicant
- In deciding whether to approve or withhold approval of any given project, the projects committee shall take into account, inter alia, the
- The capacity of each applicant for the project for which he has applied shall be discussed and decided by the projects committee in the absence
- Although projects may involve more than one participant the projects committee shall not approve a project involving more than four partici-
- The faculty shall provide a supervisor for each approved project
- The duties of the supervisor shall include
- Each project shall be submitted in typed form to the supervisor not later than the second Monday in November of the year in which ap-
- There shall be two examiners of each project who shall be appointed by the faculty for that purpose. The examiners shall not include the
- The faculty shall appoint an examination board or boards for the examination of projects subject to the University Statutes and Regula-
- Projects involving more than one participant shall be graded as a whole for examination purposes and each participant shall receive the
- If a project fails to gain a pass, or is abandoned, the faculty shall determine whether the person or persons concerned may participate in
- Applications for special consideration on grounds of ill-health or other misfortune (including, in the case of multi-student projects, the
- The special consideration committee may, if it considers that the
- Where a multi-student project is affected by ill-health or other mis- fortune (including the withdrawal of a participant or participants), the
The project committee consists of four members of whom—. a) two are members of the full-time teaching staff, nominated by the faculty;. The project committee then consists of two full-time teachers.
730-409 SECURITIES AND CREDITORS' RIGHTS
When a multi-student project is affected by an illness or other disaster (including the withdrawal of a participant or participants), the property (including the withdrawal of a participant or participants), the following additional provisions apply:. The Committee may in such case decide that the project should be abandoned, or in appropriate circumstances may restructure or redesign the project so as to make it sensible to complete in light of these facts.
730-407 TAXATION
Waldock Law of Mortgages 2. udg. Stevens 1950 Coppel EG Law Relating to Bills of Sale Law Book 1935.
730-201 THE LAW OF TORTS
MOOT COURT
Students may select their own times, dates and positions and a time- table will be posted in Tutorial Room B from 3rd January until 17
Selection should be as follows—
Absence from Moot—If for any reason a student proposes to be absent from a moot, permission must be requested in writing and granted
As soon as the materials for each moot are available, they will be posted to each member of the team. On receipt of the materials each
NON-LAW SUBJECTS
Philosophy 2
Students who believe they are eligible for admission to the B.A. Under the terms of the dispensation, ordinary) diplomas must consult with the deputy dean of the Faculty of Arts. To the candidate who has been selected by the Faculty of Law as the best student to complete the last year of the program for the Bachelor of Law degree cum laude: S350.
HIGHER DEGREES IN LAW
- All applicants for candidature for a higher degree or a post-graduate diploma shall lodge with the Registrar an application In the form pre-
- Every enrolment for the degree of doctor of Philosophy, any degree of master or any preliminary course of studies shall be on terms that the
- A candidate for the degree of master of Laws by thesis shall be either—
- A candidate shall engage in full-time advanced research in law for one year, save that
- A candidate shall submit a thesis on a subject approved by the faculty within a time limit prescribed by the faculty. Save in exceptional
- A candidate who satisfies the examiners shall be classified either as having passed or as having been awarded first class or second class
- Notwithstanding the preceding provisions of this regulation a candi- date for the degree of doctor of Laws who has submitted a work for
- Notwithstanding the preceding provisions of this regulation a candi- date who at or before the final honour examination held in the first term
- A candidate for the degree of master of Laws by examination shall be either—
- A candidate shall engage in full-time advanced studies in law for one academic year, unless for special reasons the faculty grants permission
- A candidate shall pursue a course of studies, to be approved in each
- A candidate who fulfils the foregoing requirements may be admitted to the degree of master of Laws
Approval by the faculty of the applicant's proposed research area and thesis subject is a prerequisite for enrollment. In the first instance seek an interview with the chairman of the faculty's postgraduate study committee (phone 341 6172).
730-631 ADVANCED COMPANY LAW A
730-632 ADVANCED INCOME TAX LAW B
It is expected that those taking the course will not only have studied income tax law at an Australian university, but will be reasonably familiar with the principles of income taxation. It is intended that the assessment will be largely based on the articles delivered in class and later submitted as research papers, and that some form of final assessment, such as an exam, may be decided upon.
730-633 COMPARATIVE LABOUR LAW
The course includes an analysis of various tax liability issues arising in the operation, incorporation and liquidation of companies in Australia and in transactions with foreign elements, such as the establishment by foreign companies of branches in Australia, the establishment by Australian companies subsidiaries abroad and entering into various international transactions.
730-625 FUNDAMENTAL CONCEPTIONS OF CONTRACT LAW
Sociology of Law Penguin 1969
730-624 INDUSTRIAL RELATIONS A
Seminar papers will be presented by staff from various departments at the University of Melbourne, staff from other Melbourne and Australian universities, other visiting university lecturers, postgraduate students working in industrial relations research, and professionals involved in industrial relations outside the university. Two research papers of at least 5,000 words assessed by members of the University of Melbourne Law Faculty.
730-628 INSURANCE LAW
Participants in the seminar will be members of university staff, postgraduate students admitted on a discretionary basis with regard to past and current studies and future interests in the broad field of industrial relations, and persons (by invitation) drawn from the field of industry wide. relations outside universities. Candidates may choose any subject relevant to the course, subject to first approval by the examiner.
730-634 INTERNATIONAL TRADE AND INVESTMENT A
730-626 LANDLORD AND TENANT LAW
- After being accepted he must pursue a course of advanced study and research in the University for such period (being not less than two years)
- A candidate may be required during his course to attend lectures and practical work in subjects prescribed by the Board
- If the Board is of opinion that a candidate is not making satisfactory progress it may terminate his course or make such changes in the condi-
- On completing the course of advanced study and research a candi- date must present a satisfactory thesis embodying the results of his
In special cases, the board may admit a person who is engaged in another regular profession, who, in the opinion of the board, can pursue his education freely in a department at the university to a significant extent. The candidate must also reimburse the examiners for the written, oral or practical tests that the board, on the recommendation of the examiners, may require.
If the work submitted includes work previously submitted for a degree at any University, the candidate must clearly indicate which part of the work is so submitted.e. Scholarship receipts will be the net income of the grant in the previous year.
