THE UNIVERSITY OF MELBOURNE

FACULTY OF LAW

HANDBOOK 1976

PUBLISHED BY THE UNIVERSITY

This handbook should be read In conjunction with the Students' Information Booklet 1976 Issued to all students on enrolling or re-enrolling.

In exceptional circumstances the Council is empowered to suspend sub-jects and to vary the syllabus of a subject. Details of any such alteration will be available from the faculty office and will be announced on depart-mental notice-boards.

TABLE OF CONTENTS

Alphabetical list of subjects

4 The Faculty of Law and Staff List

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PART A: GENERAL INFORMATION

Dates 8 Courses Offered 8 Faculty Officers; Law Library 11

Law Review 12 Law Students' Society 13 Methods of Assessment; Special Consideration and Special

Examinations; Supplementary Examinations; Unsatisfactory Progress; Admission to Practice 14

PART B: UNDERGRADUATE LAW COURSES

Entry to Law School 15 Approval of Courses; Enrolment; Subject Quotas 17 Advice to New Students 18 Bachelor of Laws & Bachelor of Laws with Honours— Regulation 3.14 23 Working Rules 26 Bachelor of Laws with Honours— Principles of Assessment 28 Details of Subjects 30 Combined Courses 57 Scholarships, Bursaries and Financial Assistance 59

PART C: HIGHER DEGREES

Enrolment—Regulation 2.2A 61

Regulation 3.15 62 Master of Laws By Thesis 63 Master of Laws By Examination 64

Details of Subjects 65 Frank Pinkerton Scholarship 75 Doctor of Philosophy 76 Doctor of Laws 78 Enquiries; Fees and Financial Assistance Relating to

Higher Degrees 79

ALPHABETICAL LIST OF SUBJECTS

Accounts 730-502 Administrative Law 730-302 Comparative Law 730-306 Conflict of Laws 730-404 Constitutional and Legal History 730-103 Constitutional and Administrative Law 730-104 Constitutional Law 730-303 Constitutional Law, Advanced 730-405 Contract, Principles of 730-202 Credit Law 730-627 Criminal Law 730-102 Criminal Law and Codification 730-636 Damages, Law of 730-623 Employment, Law of 730-410 Equity 730-301 Evidence, Principles of 730-305 Executors and Trustees 730-408 Family Law 730-403 Federal Law & Government A 730-622 Income Tax Law B, Advanced 730-632 International Law 730-307 International Trade and Investment B 730-638 International Political Organization, Law of 730-637 Jurisprudence 730-401 Labour Relations, Law of 730-414 Land Contracts 730-412 Legal History 730-402 Legal Persons 730-406 Legal Process 730-101 Legal Process (Special Course) 730-111 Master of Laws (by thesis) 730-601 Mercantile Law 730-304 Natural Resources Law 730-639 Ph.D.—Laws 730-701 Problems of Proof 730-411 Procedure 730-501 Professional Conduct 730-503 Property & Conveyancing, Principles of 730-203 Research Project 730-413 Restrictive Trade Practices 730-640 Securities and Creditors' Rights 730-409 Securities Regulation 730-641 Taxation 730-407 Torts, The Law of 730-201

THE FACULTY OF LAW

Dean: PROFESSOR S. D. CLARK

Deputy Dean: PROFESSOR H. A. J. FORD

Associate Dean: VACANT

The Vice-Chancellor Sub-Dean: DR. I. J. HARDINGHAM

MR. J. K. AITKEN PROFESSOR D. E. ALLAN MR. R. J. BALL MR. J. F. BLEECHMORE DR. A. J. BRADBROOK MR. M. BROWN MRS. E. R. CAMPBELL DR. B. M. L. CROMMELIN MR. D. DAWSON MR. J. A. DAWSON MR. M. P. ELLINGHAUS MR. I. D. ELLIOTT MR. G. J. EVANS MR. J. D. FINE MR. N. C. A. FRANZ! MR. A. ST. J. HANNIGAN DR. I. J. HARDINGHAM MRS. B. A. HAYES MISS M. E. HISCOCK MR. S. G. HOGG MR. A. C. HOLDING PROFESSOR C. HOWARD MR. S. W. JOHNSTON MRS. P. J. KENNEDY PROFESSOR D. J. LANHAM

MRS. A. LANTERI MR. H. LUNTZ MRS. S. V. MacCALLUM MR. R. E. McGARVIE.

MR. J. D. MERRALLS MRS. S. M. MORGAN MR. A. J. MYERS MRS. M. A. NEAVE THE HON.

MR. JUSTICE J. G. NORRIS MR. K. P. O'CONNOR MR. J. PHILLIPS DR. M. J. L. RAJANAYAGAM MR. P. U. RENDIT MR. J. C. RICHARDS DR. R. L. SHARWOOD HIS HONOUR JUDGE G. H.

SPENCE DR. I. C. F. SPRY MR. R. A. SUNDBERG MR. R. C. TADGELL MR. R. G. THOMAS THE HON.

MR. JUSTICE A. E. WOODWARD

TEACHING STAFF

Full-Time

George Paton Professor of Law

VACANT

Professor of Commercial Law

H. A. J. FORD, SJD Harv. LLM Barrister-at-Law

Hearn Professor of Law

C. HOWARD, LLM Lond. PhD Adel. LLD Barrister and Solicitor (on leave)

Harrison Moore Professor of Law S. D. CLARK, LLB Adel. PhD Barrister and Solicitor of the Supreme

Court of South Australia

Kenneth Bailey Professor of Law D. J. LANHAM, LLB Leeds BCL Oxon of Lincoln's Inn Barrister-at-

Law

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Readers in Law

H. LUNTZ, BCL Oxon. BA LLB Rand Barrister and Solicitor Miss M. E. HISCOCK, JD Chic. LLB

Senior Lecturers

J. PHILLIPS, BCom LLB Rand LLM, of the Middle Temple Barrister-at-Law

I. D. ELLIOTT, JD Chic. LLB M. P. ELLINGHAUS, LLB MRS. E. R. CAMPBELL, BA LLB DipEd A. J. BRADBROOK, MA Cantab. LLM York (Can.) PhD Barrister and

Solicitor of the Supreme Court of Nova Scotia B. M. L. CROMMELIN, BA LLB Q'ld. PhD Br.Col. Barrister-at-Law

Q'ld. I. J. HARDINGHAM, PhD Monash BA LLM Barrister and Solicitor G. J. EVANS, BA Oxon. BA LLB Barrister and Solicitor

Lecturers

MRS. M. A. NEAVE, LLB Barrister and Solicitor MRS. A. LANTERI, LLB MRS. J. W. L. SWAN, BA McG. LLB Alta. LLM Lond. M. J. L. RAJANAYAGAM, LLM PhD Lond. K. P. O'CONNOR, LLM Barrister and Solicitor J. D. FINE, BS SF Georgetown BCL McG. N. C. A. FRANZI, LLB R. G. THOMAS, BJuris LLB Monash LLM Lond. MRS. C. A. WELLS, BA LLB R. R. S. TRACEY, LLM Barrister and Solicitor A.C.T. & Vic. Barrister-

at-Law N.S.W.

Senior Tutors

MRS. B. A. HAYES, BA DipEd MRS. P. J. KENNEDY, BA MRS. S. M. MORGAN, LLB Barrister and Solicitor MRS. S. L. CAMPBELL, LLB Barrister and Solicitor MR. G. D. TRIGGS, LLB Barrister and Solicitor MRS. S. V. MACCALLUM, LLB Barrister and Solicitor

Senior Administrative Officer

P. M. NICKOLLS, LLB Adel. LLM Barrister and Solicitor of the Supreme Court of South Australia

Part-Time

Independent Lecturer in Accounts

S. G. Hogg, BCom LIM Barrister-at-Law

Independent Lecturer in Professional Conduct

P. U. RENDIT, LLB Barrister-at-Law

Independent Lecturer in Land Contracts

J. K. AITKEN LLM Barrister and Solicitor

Independent Lecturer in Executors and Trustees

R. A. SUNDBERG, BCL Oxon. LLM Monash LLB Barrister-at-Law

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Independent Lecturer in Procedure B. R. McTAGGART, LLB Barrister and Solicitor

Lecturers A. J. MYERS, BCL Oxon. BA LLB Barrister and Solicitor I. C. F. SPRY, LLD Barrister-at-Law

PART A

GENERAL INFORMATION

DATES IN 1976

Undergraduate Courses

See Students' Information Booklet

LL.M. Course

Last day of application for candidature and approval of course, 30 January First half-year classes begin, 8 March Second half-year classes begin, 19 July

COURSES

The following courses are available in the Law School:— (a) Bachelor of Laws (Reg. 3.14) comprises 20 subjects and may be

completed in four years of full-time study. For further details atten-tion is directed to the regulation and the working rules.

(b) Master of Laws (Reg 3.15) either by thesis or by examination. See Part C of this handbook.

(c) Doctor of Philosophy (Reg. 3.60). See Part C of this handbook. (d) Doctor of Laws (Reg. 3.16). See Part C of this handbook. Apart from these degree courses the faculty provides instruction in the subjects of the courses prescribed by the Council of Legal Education and in subjects in which stipendiary magistrates are required to qualify.

The Articled Clerks' Course

The course is one of those prescribed by the rules of the Council of Legal Education as a pre-requisite to admission to practise. The following subjects are offered in the Law School. By completing these a student will comply fully with the rules as regards formal studies in Law.

Legal Process Criminal Law Principles of Contract The Law of Torts Constitutional Law Administrative Law Mercantile Law Principles of Property and Conveyancing Equity Land Contracts Securities and Creditors' Rights Principles of Evidence Taxation Procedure Executors and Trustees Legal Persons Conflict of Laws or Family Law

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Accounts Professional Conduct

Note: (1) Students who have passed in Conveyancing are not required to pass in Land Contracts, and Securities and Creditors' Rights.

(2) Students who have passed in the old course in Constitutional Law offered prior to 1967 will not be required to pass in the new course in Constitutional Law or in Administrative Law.

Examinations in the first four subjects must be passed before the student enters into articles of clerkship. These four subjects may be taken in one year of full-time study, but must be taken over two years by part-time students. The remaining subjects are taken over the four-year period of articles in the order prescribed by the faculty. In the first year of articles three subjects may be attempted, in the second year, three, in the third year, four, and in the fourth year, five. The rules should be consulted by all candidates for this course and, if in doubt, reference should be made to the Secretary of the Board of Examiners of Barristers and Solicitors, Supreme Court, Melbourne.

The Managing Clerks' Course

This course is another prescribed by the rules of the Council of Legal Education. The candidate must pass in the same subjects as for the articled clerks' course. His service as a managing clerk is governed by the rules, which should be consulted, and advice should be obtained from the Secretary of the Board of Examiners.

Stipendiary Magistrates Under Public Service Regulations candidates for appointment as stipen-diary magistrates are required to pass in the subjects of Legal Process, Criminal Law, The Law of Torts, Principles of Contract, Administrative Law, Constitutional Law, Mercantile Law, Principles of Evidence and Family Law. Because of the operation of certain conditions of quota provisions it is unlikely that these candidates will be able to enrol for Legal Process. Normally they will be required to pass a departmental examination in that subject and will then be permitted to enrol in the University for the remaining qualifying subjects. After completing all such subjects these candidates may then proceed with further studies in the additional subjects required for the degree of bachelor of Laws.

PART-TIME STUDIES Students may enrol for part-time studies in Law, but they must appre-ciate that no evening classes are provided. These students must make arrangements with their employers so that they may attend classes during the day.

EXTERNAL STUDIES No external studies are available for students taking the course for the degree of bachelor of Laws. Students resident in Victoria outside the metropolitan area, who are taking subjects in the articled and managing clerks' courses, or for qualification as a stipendiary magistrate, and who are employed full-time either in solicitors' offices or in the Law Department of the State of Victoria, as the case may be, will be permitted to enrol as non-attending students. No formal correspondence tuition is given, but students may seek advice from the teaching staff on any specific problems which may arise. Apart

9 Law—B

from this students must work alone relying on their own resources. The task of studying law, with its requirements of reference to textbooks, law reports and journals, is extremely difficult in these circumstances. External students are not required to pay Union, sports and Students' Representative Council fees. The special attention of country students is drawn to the regulations, which provide that no student shall be admitted to examinations in any subject in which he has not entered either for lectures or for external studies within one month after the beginning of the first term. Applica-tions for extension of time for enrolment must be made to the Registrar.

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-March. The subjects of the Summer School are—

Accounts Evidence Procedure Professional Conduct Taxation

Persons qualified for the degree of LL.B. of the University of Melbourne, Monash University, or the Australian National University, or any graduate of any university who is eligible to serve under Articles of Clerkship in Victoria for a period of one year, may be admitted to the Summer School. Persons qualified for the degree of LL.B. who contemplate service under Articles of Clerkship outside the Melbourne city area may find it advan-tageous to qualify for their post-degree subjects in the Summer School.

CONTINUING EDUCATION COURSES

The office for Continuing Education was established to develop the Uni-versity's role in Continuing Education. Courses provided by the office include ones of interest to specific professional, vocational or community groups and others closely related to the disciplines taught within the University.

In making those courses available, it is the University's intention that persons who wish to pursue an educational interest or, who wish to enrich their earlier education, should be able to experience tertiary educa-tion in the area of their interest. Some Continuing Education courses have been specially developed to meet needs of particular professional, vocational or community groups and include short refresher courses, seminars and summer schools. Other courses have been developed as courses of general interest and are based on a wide range of disciplines covered within the normal teaching of the University.

Details of all Continuing Education courses are available from the Con-tinuing Education office and potential students, seeking courses for particular areas, should enquire at the office for Continuing Education concerning the range and availability of such courses. It should be noted that the taking of Continuing Education courses is unlikely to be of direct assistance in gaining selection for normal degree or diploma courses and studies taken within these courses will not be credited subsequently towards a degree or diploma. In some cases, however, some form of examination or assessment may form part of a Continuing Education course and detailed arrangements will be made through the office for Continuing Education.

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In all cases, departments offering courses reserve the right to exclude applicants on any of the following grounds:

1. Inadequate prior qualifications including failure to satisfy any pre-requisites which may apply;

2. Lack of space in the course concerned.

Intending students must complete an application form, obtainable in December and January from the office for Continuing Education or faculty offices, by January 31. Successful applicants will be notified and will be required to complete enrolment details, including payment of fees, with the office for Continuing Education.

The office for Continuing Education which is situated on the ground floor of the Appointments Board building, is responsible only for enrol-ments in Continuing Education courses. Information about other methods of enrolment for degree studies including additional subjects, comple-mentary courses, admission ad eundem statum etc. are all dealt with in faculty offices and enrolments are made through the Students' Records office.

FACULTY OFFICERS

The sub-dean, the senior administrative officer and the assistant faculty secretary are the officers to whom students should apply on matters concerning regulations, courses in general and administration. Members of the teaching staff are usually very willing to advise students regarding the problems of the courses at large or of a particular subject.

THE LAW LIBRARY

Within the Law School Building is a branch library of the general univer-sity library. This branch, known as the Law Library, at present houses over 50,000 books. There is a catalogue of these books—indexed usually under author, title and subject—in the Law Library; duplicate entries are also found in the general catalogue in the Baillieu Library.

Hours

Throughout the academic year the Library is open from 8.45 a.m. to 10 p.m. Monday to Friday, and on Saturday from 9.00 a.m. to 5 p.m. During the long vacation the Library closes at 5.00 p.m. and is not open on Saturday.

Borrowing

The Library is primarily a reference, not a lending collection. Volumes of statutes, law reports, digests, encyclopaedias, dictionaries, sets of three books or more, 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, not renewable. 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. Outside the Law Library, near the entrance, there is a slot for the return of books when the Library is closed. Students participating in moots 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.

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Reserve Books Certain books, which are in constant demand, are retained at the Reserve Desk. This is indicated in the catalogue by a blue marker placed on the card indexed under the author's name. There is also a separate set of such catalogue cards at the Reserve Desk. 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 completion of the appropriate slip and production of a union card to the librarian on duty, a student may take out a book from 4.30 p.m. on any day Monday to Friday and must return it by 8.45 a.m. the next day. (Books borrowed on Friday afternoon must be returned on Saturday morning.) On Saturday a book may be taken from 3 p.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 in the Law Library. These are displayed in the entrance hall to the Baillieu Library and are also distri-buted in leaflet form. 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. In all parts of the Library outside the discussion area, silence is the rule. Eating, smoking and reading of newspapers are prohibited outside the discussion area in all parts of the library.

THE MELBOURNE UNIVERSITY LAW REVIEW The Melbourne University Law Review, which is published twice yearly, provides an outlet for legal research and writing by law teachers, prac-tising 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 parti-cipate 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.

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THE LAW STUDENTS' SOCIETY

The Law Students' Society of Victoria is the faculty club for law students. It exists to organize and encourage extra-mural social and academic activities amongst law students, and to this end various functions, both formal and informal, are from time to time arranged. Members of the faculty staff attend many of these and students are thus able to meet their lecturers in an atmosphere free from the formality of the lecture theatre. Academically, the society arranges talks by leaders of the profession, has discussion with the faculty on students' problems and encourages debating and forensic speaking among law students. Perhaps the society's most important function is its contribution to the cordial relationship which exists between staff and students of the faculty. All Law students are members of the society and may attend its functions. They may also wear the society's lapel badge which enables its wearer to hear Supreme Court cases from seats in the body of the Court. The. Society is administered by a committee of 24, elected annually by law students.

METHODS OF ASSESSMENT

Methods 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 will be provided early in January each year, when the details of written work prescribed in each subject are published. Those details will be available at the Law School office for issue to students.

Annual Examination

See Students' Information Booklet.

SPECIAL CONSIDERATION AND SPECIAL EXAMINATIONS

See Students' Information Booklet for information concerning special con-sideration and special examinations. In addition, students should note the following.

Confidentiality

Where the grounds for special consideration are of a particular personal or confidential kind, the Sub-Dean is empowered to take special steps to ensure that such information is protected. Students should not be deterred from applying for special consideration because the grounds are of a confidential nature. The faculty publishes each year an information leaflet so that students will be aware of the limits of assistance available under the regulation, the procedure which students must follow in making applications, and to whom application must be made.

SUPPLEMENTARY EXAMINATIONS

See Students' Information Booklet. In addition students should note that it has been customary for the faculty to direct that supplementary examinations be made available to students in one subject if a pass In that subject is necessary for the student to complete a particular qualification. Full details are posted on the notice boards for each year of the course and on the general board.

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SUSPENSION AND LIMITATION FOR UNSATISFACTORY PROGRESS

See Student? Information Booklet.

ADMISSION TO PRACTISE

The admission of barristers 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 requirements for candidates qualifying by way of the Articled Clerks' course are that they pass in the nineteen subjects of the course and serve in articles for four years. Candidates who have obtained the degree of bachelor of Laws are required to serve for one year in articles. They must also pass, either as a part of the course for the degree or otherwise, in the subjects of Evidence, Taxation, Procedure, Accounts, and Professional Conduct. No person will be admitted who is not a British subject aged 21 years or more.

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PART B

UNDERGRADUATE LAW COURSES

ENTRY TO LAW SCHOOL

SPECIAL COURSE REQUIREMENTS

In addition to satisfying the University entrance requirements as set out in the Students' Information Booklet, candidates must have satisfied the special course requirements (if any) prescribed for their course. For the LL.B. course no special course requirements are prescribed.

QUOTA SELECTION

Entry into the first year of Law is restricted to 230 students, who are selected by a committee formed for that purpose. In broad terms selection is on the basis of academic merit disclosed by the results obtained in the Higher School Certificate examination. All students applying for entry to the Law course, who do not have, or who have not been granted, credit for the subject of Legal Process, must follow the procedure outlined below.

(1) Obtain from the Victorian Universities Admissions Committee, 11 Queen's Road, Melbourne, an application form and a handbook of instructions (these are distributed to Victorian secondary schools each year in about the month of August).

(2) Complete and lodge the application form according to the instruc-tions.

(3) Attend as required during the month of December prior to the in-tended year of entry for such interviews or admission tests as may be notified.

(4) Await the result of the application and if an offer is made attend promptly as required at the University.

Intending students, who have been granted credit or who wish to apply for credit for the subject Legal Process should communicate with the senior administrative officer of the faculty, during the month of October preceding the proposed year of entry, for advice and information regard-ing entry and entry procedure.

SPECIAL PRINCIPLES OF SELECTION FOR LAW

1. Except to the extent that they are expressly modified hereby, the University General Principles of Selection for First Year Courses (see Students' Information Booklet) are incorporated with these Principles Governing Selection.

2. Selection Committee

Selection shall be carried out by a committee of three consisting of the dean of the faculty of Law and two other members approved by the Professorial Board on the recommendation of the faculty.

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3. Applications

(a) Each applicant, in addition to lodging an application with the Vic-torian Universities Admissions Committee, shall attend for interview and shall complete a questionnaire.

(b) (i) An applicant, who has not presented for the Victorian Matricu-lation or Higher School Certificate Examination, in any of the six years preceding the year for which he applies for selection, shall attend and attempt an admission test to be administered by the Law school.

(ii) Any such applicant who fails, without reasonable excuse, to attempt the admission test shall not be considered for selection.

4. Basis of Selection (A) Notwithstanding the provisions of the University General Principles

of Selection for First Year Courses, any applicant who has been selected in a course for the degree of bachelor of Commerce in a previous year, and

(a) has enrolled in that course for the four subjects approved for the first year of a combined Law and Commerce course, and

(b) has passed in each of such subjects at one annual examin-ation

shall be selected in preference to all other applicants. (B) In addition to the matters referred to in paragraph 2(b) of the

University General Principles of Selection for First Year Courses the Committee may take into account the result, where applicable, of the Law School Admission Test.

(C) In assessing an applicant's merit in accordance with paragraph 3 of the General Principles of Selection for First Year Courses

the Committee— (i) shall not count Music (Practical) as one of the applicant's best

three subjects; (ii) shall, at its discretion, make a deduction from a very high,

above average mark in a foreign language if it is the applicant's native language.

(D) The Selection Committee shall give preference to applicants whose enrolments are applied for as part of a course for the LL.B. degree whether on a full-time or part-time basis, or as part of a course leading to admission to practise as a barrister and solicitor of the Supreme Court as provided for by the rules of the Council of Legal Education, without discriminating between them by reference to the nature of the courses concerned, over all other applicants for enrolment.

5. Reservation of Places The Selection Committee may reserve places for applicants who have gained selection in the quota and wish to defer their entry to the Univer-sity for one year. In determining which applicants shall be granted reserved places the Committee shall have regard to the applicant's proposed activities during the year of deferment, the benefit to any applicant of a deferment of entry and any hardships likely to be suffered by an applicant who is required to enter upon his course immediately. The number of places to be reserved should not exceed ten.

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APPROVAL OF COURSES

All students other than those in their first year of the law course who wish to do a course which is different from that prescribed in the hand-book must seek approval from the sub-dean during re-enrolment. This would include students who have failed subjects and students who wish to carry extra subjects. Students doing combined courses and those doing the S.M.'s course are also advised to seek approval for their course.

ENROLMENT

New Students

No student, with the exception of those enrolling for subjects of the course for Stipendiary Magistrates (see page 11) or those who have been permitted to enrol for continuing education courses in Law may enrol in any Law subject unless he has been selected in the entry quota and produces to Students' Records office evidence of his selection. Students must enrol immediately after receiving written authority to do so.

Enrolment Procedures

New or previously enrolled students should consult the Students' Infor-mation Booklet.

SUBJECT QUOTAS

It is possible that from time to time it may be necessary to limit enrol-ments in particular subjects. At present enrolments are restricted in Legal Process (Special Course) and Problems of Proof.

Legal Process (Special Course)

This subject which is available to students who have failed in Legal Process is conducted during the long vacation. It comprises a full-time course of classes over a period of some five weeks. In 1975 the number of students permitted to enrol was limited to 25. It is likely that places in the quota for Legal Process (Special Course) will be offered to those students who are in the opinion of the Selection Committee likely to obtain most benefit from the course and in making such an assessment the Selection Committee may have reference to the results obtained by applicants in Legal Process and other subjects studied in the Law course; to any illness or other serious cause, as a result of which the studies or performance of an applicant have, in the opinion of the Committee, been hampered; to physical handicaps or defects; to information revealed by such interviews as the Selection Committee may conduct; to recommendations of any committee of the faculty.

Problems of Proof

Because the syllabus in this subject requires each student to be attached to the Public Solicitor for a criminal trial it has proved necessary to limit to 25 the number of students who may be permitted to enrol. Selection is from amongst those who have obtained honours in the sub-ject of Principles of Evidence according to their relative results in that subject and, should the quota be not filled, then from amongst those who have passed in Principles of Evidence according to their relative results in that subject.

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ADVICE TO NEW STUDENTS

HOW DO I BECOME A LAWYER?

If you intend to practise as a lawyer in Victoria the usual means is for you to obtain the degree of bachelor of Laws (LL.B.) at a university and then to spend one year as a clerk articled to a practising solicitor and during that time, to pass examinations in certain additional subjects. If you complete this course and training satisfactorily, you will normally be entitled to admission as a Barrister and Solicitor of the Supreme Court of Victoria. Another road to admission is to complete a course prescribed by the Council of Legal Education (which includes a majority of the subjects of the course for the LL.B. degree) while spending most of your working hours as a clerk articled to a practising solicitor. This course will take you longer to complete, as you will have far less time for your studies; but it is open to you to choose this method of qualifying. However, you will not obtain a university degree.

WHAT ARE THE SPECIAL CAPACITIES OF THE LAWYER AND HOW ARE THEY ACQUIRED?

The lawyer will find it essential to develop certain capacities in his special professional work:

(1) Ability to use and interpret words and terms Law, like every other occupation and discipline, has its own vocabulary. The lawyer who has to draw a will, a lease or a contract, who has to read a Statute or a by-law must come to realize the legal meaning and effect of words, phrases, and clauses in these documents—and to use them so that their meaning will be precise and clear to Courts and to other lawyers.

(2) Ability to express legal ideas in speech and writing He will need to be able to stand before a tribunal and argue in good English or to draft pleadings setting out the client's case before trial or to write a letter that aptly expresses his intentions—all tasks involving skill in communicating his ideas to others.

(3) Ability to find the law Today, no one can know all the law; but there are many technical aids which will enable him to discover the legal rules governing any particular issue. In practise, he will often have to depend on his own skill and knowledge, without outside help, to find the relevant materials.

(4) Ability to discover what is relevant in a mass of information In any issue he must be competent to discard what is immaterial or trivial and to move easily from one step in thought to the step following —and so to a correct conclusion, always seeing the legal implications of particular facts. Such abilities are developed and become fully effective only after long ex-perience and training. During his course the student will have dealt with many hundreds of cases in which rules of Statute or Common Law have been discussed, will have read many textbooks and listened to many experts talking about these rules and techniques. Moreover, he will have been obliged to make strenuous efforts to grasp and explain legal con-cepts and rules—and it is by such personal activity that he will best acquire "legal" wisdom.

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To enable him to develop his intellectual strength the Law School pro-vides:

(a) discussions of cases in class after preparation; (b) tutorial discussions and exercises; (c) written exercises; (d) Moot Court arguments and procedures; (e) lectures.

Case Discussion

The student taking four subjects in the first year will have eight or nine lecture classes per week. It is most important that he should not expect—especially in his first two years—merely to memorize notes (dictated in class or issued in printed form) which he will give back in an examin-ation. He will find in Legal Process, for example, that he receives little formal instruction. He is provided with a set of cases and materials. The lecturer will announce in advance that certain cases will be discussed at the following class. The student will be expected to have spent adequate time before class reading carefully these cases, analysing their contents, making his own summary of them. In class he will be called upon to give facts of propositions of law and to argue for or against a particular explanation of the decision. The lecturer will interrogate, raise issues, comment, perhaps sum up, but the value of his effort will depend on the work done by the student before class begins. If therefore, you have not done the preliminary work, you will gain little from attending lecture classes. In general, you should aim at giving three hours of your own study for every hour you spend in class—most of it in preparing for the class. It is most important then to have made your own summary of the case, stressing: (a) the Courts in which it was heard; (b) the claim of the plaintiff, the objections of the defendant; (c) the material facts of the situation; (d) the decision of the Court; (e) the reason (usually set out in the judgment) given by the Court for

its decision. You will need your own notebook in which to make these points, leaving space to include, at or after the class, any other information you have acquired. You will be referred occasionally to books or to articles in law reviews which will be helpful in supplementing your original material. It is, however, what the student does for himself that matters—how seriously he prepares his cases and how actively he joins in discussion. One of the main reasons for dividing the class in Legal Process into small groups is to make it easier for everyone to have his say in class.

Tutorial Classes

These are provided in a number of subjects. In that small group of about a dozen people to which you will be assigned, you will again find yourself engaged in writing and reading short papers on a prepared subject, in advancing ideas or combating other people's ideas, in arguing for a plaintiff or defendant. If you seize your opportunities, you will grow more ready, fluent, accurate in ideas and language, more accustomed to debate among your peers. Your tutor is there to prompt, to query, to answer some difficulties—but not to deliver another lecture or save you the trouble of "working it out". You should of course come to him for advice if you are encountering difficulties.

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Written Exercises and Essays

These will be set at intervals in several subjects. Everyone is expected to undertake them. They consist of projects or problems involving some research and argument on difficult issues. In some subjects longer essays or mid-year tests are prescribed. These are taken up, corrected, marked and returned: the student is very unwise who declines such tasks or does them perfunctorily. Doing them well is the best preparation both for examinations and for understanding the law.

Moot Courts

After the first year students are required to take part in Moot Court work. Here in a "judicial atmosphere" in an assembly presided over by an experienced lawyer he will be able to develop his talents of exposition and debate in conditions similar to those he will encounter in real trials later.

Research You are well aware how futile it would be to study physics and biology without a laboratory where your materials and instruments are stored. The library is the lawyer's laboratory as well as his treasury. It can, however, be a confusing place until one learns one's way around in it. In your first year you will be shown in the Legal Writing Course how and where to find a reported case, a section in a Statute, a valuable review article, a history of a case in digest form. Thus equipped, you will be able to put your hands on the material needed for study or for research for moot trial briefs in later years. What a lawyer needs above all is to know where to look for his law.

WILL ALL THIS MAKE ME A GOOD LAWYER?

Such training, as you will see, is far from being merely "academic" in the derogatory sense in which that term is often employed. It covers many of the practical situations with which a lawyer will have to cope in his office, attacks concrete issues to be settled by investigation and reasoning based on known principles and rules. At the same time the process is "intellectual": it involves a combination of qualities, including especially:

(a) Analysis

The student will have dissected numerous cases, selecting those facts which had legal results, noting how the courts applied principles of law to those results. He will have considered possible variations of those facts, in class and outside, realizing that no client will ever come to him with facts exactly similar to those in any reported case.

(b) Inductive Reasoning

He will have collected legislation, decisions, review articles, opinions of experts, coming to conclusions as to the probable legal effect of certain words or behaviour—striving to predict, with some confidence, what a court would regard as the principles most relevant to these facts.

(c) Deductive Reasoning In class, in set exercises, in examinations he will frequently have been obliged to put forward accepted legal propositions and to maintain that these provide an authoritative answer to complex and difficult fact situ-

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ations. This is the opposite process to induction: we need to employ both methods, each according to the different situations.

(d) Practical Reasoning He will have realized that much legal reasoning is "reasoning by example", involving often subtle distinctions or similarities which a court will have to consider—keeping in mind the history of the doctrines, their relationship to other principles, the degree to which common-sense or justice or precedent would allow a decision in one field to be applied. in a "like" field. Lawyers are accused of relying over much on "nice distinctions": these distinctions, however, must be made by thoughtful men in every sphere of life in order to meet actual situations where a "line has to be drawn". The Common Law grows from case to case, usually by analogy, until a general principle can be established from the cases.

Theory and Practice

Everyone realizes that, while the law is in books, it is there for use by human beings. It is intimately concerned with life itself, with the vagaries of human behaviour, with the tensions and uncertainties of human relationships. It has been shaped by history, by a people's sense of justice, by practical convenience. Just as one cannot learn to ride a horse by working through treatises on equitation, so one cannot ultimately become an efficient practising lawyer other than by dealing with clients in one's office or in the Courts. Certain qualities cannot be gained by a university training: for example, shrewd judgment, ability to handle human beings, office management or the art of cross-examination. It would be absurd to expect a university to guarantee financial and forensic success for its graduates, or to teach them those minute details of their craft which only an experienced legal practitioner can impart "on the spot", or to furnish them with personal skills required for particular careers. It is a very important fact, however, that an increasing number of Law graduates do not engage in private practice. The truth has long been recognized abroad that a trained lawyer is a valuable man in many spheres. Today in Australia lawyers are being sought by large business organizations for executive roles, and by governments for administering laws, in foreign trade advising on commercial dealings. The solicitor may feel that his prime duty is to help his clients; but other lawyers need to look abroad more widely and to comprehend how much law today is made by legislators and administrators under the influence of social pres-sures. For such men a narrow technical instruction would be quite inadequate. So all this apparatus of training will be only partly effective unless the student makes good use of it. For example, if he neglects to prepare the problem set in a tutorial, fails to take part in discussions unless prodded by the tutor, makes no effort to grapple with the issues debated (through shyness or apathy), he will be largely wasting his time. Similarly he must do something to fill gaps in his own knowledge. For example, he will be constantly encountering unfamiliar terms in his books. He must train himself to discover their meaning without delay—by asking his tutor or by looking at his Law Dictionary. He must sharpen his mind by informal discussions with fellow students on controversial questions. He will need to remember, too, that the University year is quite brief-only 26 weeks of lectures generally. Thus the short vacations are

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not a "holiday"; they are periods left for the student to catch up on his reading, not to abandon work entirely.

WHAT TO READ

Preliminary Reading for the New Student

He should realize that in many University courses the lecturer does not cover the whole subject matter in class. A considerable amount of general reading is left to the student's own efforts. The more essential reference to books and review articles are listed in the Details of Subjects. In every subject the wise student will begin his reading early—remembering that there will be many distractions—meetings, dances, concerts, sports, special functions—from his regular studies in the early weeks and that, if he does not watch out, he will find an entire term has slipped by without his having done more than the essential preparation for lectures, notetaking, essays and exercises. We recommend that all new students try to read before lectures begin in first term: An Introduction to Law (Derham, Maher, Waller) (2nd ed., Law Book Co., 1971), specially written (and designed) for Australian first year students. The Queen's Courts by Archer (Pelican) which provides useful and interesting information about many aspects of the English legal system and of legal history. The English Parliament by R. Mackenzie (Pelican). Learning the Law by Glanville Williams (7th ed., Stevens, 1963).

Reading throughout the Year

A student who wants to make the most of a university life will not be content to read only prescribed texts. Our law itself is not a series of edicts, nor an electronic brain which produces automatic responses. It has been the work of human hands toiling patiently over ten centuries or more. It bears the imprint of the great judges, the sage writers, the forceful advocates. Nothing is more likely to inspire a young man with a sense of the dignity and worth of the law (as well as of its natural weaknesses and past errors) than the lives of its many great architects. You will find some interesting biographies and sketches of eminent lawyers in the Law Library. Examples are:

Heuston, Lives of the Lord Chancellors 1885-1940. Birkenhead, Fourteen English Judges. Bowen, The Lion and the Throne (a life of Sir Edward Coke). Macmillan, A Man of Law's Tale. Sullivan, The Last Serjeant. Biddle, Mr. Justice Holmes.

There are, too, some legal novels—such as those of Henry Cecil, which provide useful information about lawyers and the law as well as enter-taining reading. Cecil's Brief to Counsel is specially recommended, as are the "Misleading Cases" of Sir Alan Herbert.

Law Dictionary

Law Dictionaries are less exciting but more useful. The new student, as we pointed out, will encounter, on almost every page of a statute or a report, terms and phrases about whose meaning he will be either ignorant or vague. It is foolish to remain in this uninformed state: he

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must make it a habit to consult a reference work forthwith. There are many larger works in any law library; but it is a good investment for the student to buy a smaller one (say Osborn's Legal Dictionary) and keep it handy for use.

BACHELOR OF LAWS AND BACHELOR OF LAWS WITH HONOURS

REGULATIONS

Regulation 3.14—Degree of Bachelor of Laws•

When enrolling, students must quote the NUMBER as well as the name of the subject as listed below. See page 4.

1. (1) There shall be: (a) a degree of bachelor of Laws; and (b) a degree of bachelor of Laws with honours.

(2) (a) A candidate who (i) has obtained a total of at least two hundred and thirty-

four points, and (ii) has, in at least one approved subject of the fourth year,

completed satisfactorily a substantial piece of legal writing

may be admitted to the degree of bachelor of Laws with honours.

(b) In assessing a candidate for admission to the degree of bachelor of Laws with honours the faculty shall, in accord-ance with principles approved by the faculty and the Profes-sorial Board, take into account his performance in all subjects of the course for the degree of bachelor of Laws.

2. A candidate for the degree of bachelor of Laws shall, after matricu-lating, pursue his studies for at least four years, pass examinations in accordance with the conditions prescribed, and unless excused there-from by the dean, carry out such moot court work as shall be prescribed in the details of subjects.

3. (1) Having regard to the requirements of paragraphs (2) and (5) hereof and paragraph (2) of Section 4, points shall be allocated to each subject of the course as specified in this regulation, or as prescribed from time to time by the Professorial Board on the recommendation of the faculty and published together with the details of subjects.

(2) The subjects of the course shall comprise— Legal Process, Criminal Law, Constitutional and Administrative Law, Constitutional and Legal History, The Law of Torts, Principles of Contract, Principles of Property and Conveyancing, Equity, Administrative Law, Constitutional Law, Mercantile Law, two non-law subjects, to each of which shall be allocated twelve points, and such other subjects with points totalling at least seventy-eight to be selected by the candidate from subjects prescribed from time to time by the Professorial Board on the recommenda-tion of the faculty and published together with the details of subjects.

(3) A candidate shall on achieving a pass or obtaining honours in a

• Amendments to this regulation are pending fo'lowing a revision of the first year curriculum.

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subject receive the total points allocated to that subject, but he shall receive no points if he fails to pass the subject.

(4) The conditions on which the subjects of the course may be taken shall be prescribed from time to time by the Professorial Board on the recommendation of the faculty.

(5) A candidate who has complied with the prescribed conditions and has obtained a total of at least two hundred and thirty-four points, or such lesser number of points as may be prescribed by the faculty of Law in special cases, may be admitted to the degree of bachelor of Laws.

(6) A candidate who passes in the subject Legal Process (Special Course) for which twelve points shall be allocated shall be exempt from the requirement of passing the subject of Legal Process.

(7) (a) A candidate who has passed in the subjects Legal Process and Criminal Law prior to 1st March 1976 shall not be required to pass in the subject Constitutional and Adminis-trative Law but shall nevertheless be credited with the points appropriate to that subject.

(b) A candidate who has passed in the subject Constitutional History prior to 1st March 1976 shall not be required to pass in the subject Constitutional and Legal History.

4. (1) A candidate in his fourth year who does not pass in a subject or subjects may be credited by the faculty with the points to be scored therefor, having regard to his performance in all subjects taken by him (whether taken at one examination or more) for the purposes of his fourth year, in accordance with the principles determined by the faculty from time to time and approved by the Professorial Board.

(2) For the purposes of this section a candidate shall not be con-sidered to be in his fourth year until he has accumulated at least one hundred and fifty-six points.

5. No candidate may in any year pursue a course of study or receive credit for examinations passed unless his proposed selection of subjects has been approved by the faculty. Any subsequent alterations in the course of study during that year must be approved by the faculty.

6. (1) A candidate who, having passed subjects of the course for any other degree, enrols in the course for the degree of bachelor of Laws, may, with the approval of the faculty, be given credit for subjects the equivalent of which he has passed in the course for such other degree, and he shall score an equivalent number of points for each subject so credited;

(2) Where a candidate for the degree of bachelor of Laws is simul-taneously a candidate and has passed in two subjects of the course for either the degree of bachelor of Arts (as an ordinary degree or as a degree with honours) or the degree of bachelor of Commerce he

(a) shall not be required to pass in the two non-Law subjects of the course for the degree of bachelor of Laws, but

(b) shall be credited, nevertheless, with the appropriate points for those two subjects.

(3) Where a candidate for the degree of bachelor of Laws has, in. the opinion of the faculty, received a sufficient training at a post-matriculation academic level, or otherwise has had adequate experience in a substitution for such training (other than in the study of Law), the

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faculty may by resolution grant him credit for a maximum of twenty-four points in such manner as may be specified by the faculty.

(4) A candidate who: (i) is qualified to matriculate; and

(ii) thereafter passes, in accordance with the rules of the Coun-cil of Legal Education in force from time to time, any subject or subjects at the University.

may, with the permission of the faculty, be given credit for the subject or subjects so passed in the course for the degree of bachelor of Laws with credit for the appropriate points.

(5) A candidate who, in accordance with the provisions of the preceding sub-section, has received credit for any subject or subjects may enrol as prescribed by the faculty and may be admitted to the degree of bachelor of Laws on passing, subsequent to matriculation, the remain-ing subjects required to be passed in the course.

7. (1) In this section (unless inconsistent with the context or subject matter) "admitted to practise" means admitted to practise as a barrister and solicitor of the Supreme Court of Victoria after taking the course for articled clerks or after qualifying for admission as a managing clerk in accordance with the rules of the Council of Legal Education in force from time to time, but the expression shall apply only to those persons who have passed at the University in the subjects prescribed by those rules.

(2) Notwithstanding the provisions of section 5 a candidate, who has been admitted to practise, may receive credit in the course for the degree of bachelor of Laws for the subjects in which he has passed with credit for the appropriate points and he may be admitted to the degree of bachelor of Laws on passing, subsequent to his matriculation, In the remaining subjects required to be passed in the course.

(3) Any candidate who has been admitted to practise for not less than ten years may, if the faculty is satisfied that he has achieved dis-tinction in the application of the law whether in private legal practice or other occupation, subsequent to his matriculation, be admitted to the degree of bachelor of Laws upon his submitting a thesis on a subject approved by the faculty, which thesis is considered by examiners appointed by the faculty to make a contribution to legal learning. The thesis may consist in whole or in part of articles, papers or books which the candidate published, but may not incorporate work previously sub-mitted for a degree in this or any other university.

8. Notwithstanding anything to the contrary in any Regulation a candi-date who has passed at the University in the subjects required to be passed at the University for appointment to the office of Stipendiary Magistrate according to the regulations made under the Public Service Act 1946, or any amendment thereof, may be admitted to the degree of bachelor of Laws on passing, subsequently to the completion of the course required for Stipendiary Magistrates and to his matriculation, in such subjects of the course for the said degree and in such order as the faculty may approve and on obtaining such points as the faculty may prescribe.

9. A candidate who enrolled in the course for the degree of bachelor of Laws prior to 1st January, 1972, shall be credited with points for those subjects which he passed before 1st. June, 1972.

25 Lw—C

WORKING RULES

DEGREE OF BACHELOR OF LAWS•

1. (i) The subjects for the degree and the points to be awarded for each are specified below. There shall be examinations for honours and separate class lists in each subject.

(ii) A candidate who passes in the subject of Legal Process (Special Course) shall be exempt from the requirement of passing in the subject of Legal Process.

2. (i) The subjects of the first year shall comprise the following:

(a) 730-101 Legal Process. (12 points): Provided that, with the permission of the faculty, a student may substitute Legal Process (Special Course). (12 points)

(b) 730-102 Criminal Law. (12 points) (c) 730-103 Constitutional and Legal History. (12 points) (d) 730-104 Constitutional and Administrative Law. (12 points) (e) One subject chosen by the candidate from any other course

for a degree or diploma which subject (hereinafter called a "non-Law subject"), if a subject of the course for the degree of bachelor of Arts, shall, except with the approval of the faculty, be one of a group of two recognized in that course as the first two parts of a major or, if a subject of some other course, shall be one of a group of two regarded by the faculty as equivalent to the first two parts of a major for the purpose of the degree of bachelor of Laws. (12 points)

(f) 730-111 Legal Process (Special Course); provided that a candidate is not simultaneously enrolled for Legal Process. (12 points)

(ii) The subjects of the second year shall comprise the following: (a) 730-201 The Law of Torts. (12 points) (b) 730-202 Principles of Contract. (12 points) (c) 730-203 Principles of Property and Conveyancing. (12

points) (d) One non-Law subject which, if a subject of the course for

the degree of bachelor of Arts, shall, except with the approval of the faculty, be the second of a group of two recognized in that course as the first two parts of a major or, if a subject of some other course, shall be the second of a group of two regarded by the faculty of Law as equiva-lent to the first two parts of a major in Arts for the purpose of the degree of bachelor of Laws. Provided that if a student in his previous work for the degree has shown a weakness in English Expression the faculty may require him to pass in Rhetoric instead of the non-Law subject hereinbefore referred to. (12 points)

(iii) The subjects of the third year shall comprise the following: (a) 730-301 Equity. (12 points) (b) 730-302 Administrative Law. (12 points) (c) 730-303 Constitutional Law. (12 points) (d) 730-304 Mercantile Law. (12 points) (e) Subjects aggregating a minimum of 12 points chosen from

the following:

• Amendments to these working rulcs are pending following a revision of the first year curriculum.

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730-305 Principles of Evidence. (12 points) 730-306 Comparative Law. (12 points) 730-307 International Law. (12 points) 730-401 Jurisprudence. (12 points).

730-402 Legal History. (12 points) 730-403 Family Law. (12 points)

(iv) The subjects of the fourth year shall comprise subjects aggre- gating a minimum of 66 points chosen from the following, none being a subject for which the candidate has obtained credit in the third year of the course: (a) 730-305 Principles of Evidence. (12 points) (b) 730-306 Comparative Law. (12 points) (c) 730-307 International Law. (12 points) (d) 730-401 Jurisprudence. (12 points) (e) 730-404 Conflict of Laws. (12 points) (f) 730-405 Advanced Constitutional Law. (12 points)

(g) 730-402 Legal History. (12 points) (h) 730-406 Legal Persons (12 points) (i) 730-403 Family Law. (12 points) (j) 730-407 Taxation. (12 points)

(k) 730-408 Executors and Trustees. (6 points) (I) 730-409 Securities and Creditors' Rights. (6 points)

(m) 730-410 Law of Employment. (6 points) (n) 730-411 Problems of Proof (6 points) (o) 730-412 Land Contracts. (6 points) (p) 730-413 A subject being an approved "Research Project".

(12 points) (q) 730-414 Law of Labour Relations. (6 points)

(v) (a) A "Research Project" shall constitute a piece of organized research into some area of legal knowledge or the legal regulation of some activity of legal significance. The ap-proval of a subject as a research project shall be subject to such conditions as the faculty shall determine.

(b) The faculty shall issue directions concerning the appoint- ment of examiners and the admission of candidates to spe-cial examinations and any matters incidental thereto in connection with research projects in general or any particular research project.

3. (1) Subject to the next sub-section a candidate who has passed in any subject or subjects of a year shall be entitled to credit there-for and may obtain credit for the remaining subject or subjects of that year at a subsequent examination or examinations; and the faculty may determine in what subject or subjects (if any) of a later year of the course he may present himself for examination in addition to presenting himself for examination in the subject or subjects in which he has failed to pass.

(2) A candidate who has not passed at one annual examination in the subjects of Legal Process, Criminal Law and Constitutional and Administrative Law may not re-enrol for any of those subjects or enrol for any other subjects of the course for the degree of bachelor of Laws without first obtaining permission from the faculty.

4. The faculty reserves the right not to offer a subject in a particular

27

year if a minimum enrolment is not reached. The availability of subjects may also depend on staffing. 5. Where a candidate has completed or is simultaneously a candidate for the degree of bachelor of Arts, degree with honours, he (a) shall not be required to pass in the subject Constitutional and Legal

History, and (b) shall be required to obtain a lesser number of points, namely two

hundred and twenty-two, in order to qualify for admission to the degree of bachelor of Laws

Provided that if his candidature should cease before he has received credit for the subjects of the third year of study for the degree of bachelor of Arts, degree with honours, this Rule shall have no effect.

6. Where a candidate has completed or is simultaneously a candidate for the degree of bachelor of Commerce he (a) shall not be required to pass in the subject Constitutional and Legal

History, and (b) shall be required to obtain a lesser number of points, namely two

hundred and twenty-two, in order to qualify for submission to the degree of bachelor of Laws

Provided that if his candidature for the degree of bachelor of Commerce shall cease before he has completed his studies for that degree this Rule shall have no effect.

BACHELOR OF LAWS WITH HONOURS The degree of LL.B. (tions) is awarded on the basis of a review of the student's course for the degree of LL.B.

PRINCIPLES OF ASSESSMENT OF CANDIDATES The faculty of Law has approved the following principles for the assess-ment of candidates—

The Final Honours Board 1. There shall be a Final Honours Board of the faculty made up of the dean and four other members of the faculty nominated by the faculty. 2. It shall be the responsibility of the Final Honours Board to:

(a) publish the conditions of eligibility for honours candidature prior to the date fixed for re-enrolment in January of each year;

(b) 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;

(c) determine a class list of those candidates who are eligible for a place in the list of honours graduates ranked in order of merit.

Candidature for the Honours Degree

3. 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 shall be regarded as honours candidates.

4. The requirement of a substantial piece of legal writing is satisfied where the candidate completes written work as part of the course require-ments of a fourth year subject; provided,' that the written work in that subject has been approved for the purposes of honours candidature by the Final Honours Board.

1A list of approved written work is shown on the notice board in January.

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5. 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 points shall not be eligible for award of the honours degree.

Placed and Unplaced Honours Degrees

6. The following classes of candidates shall be eligible for the award of honours degree, but not for inclusion in the class list of candidates ranked in order of merit:

(a) candidates who have received credit for subjects completed at another tertiary institution and who will complete their law degree at Melbourne Law School by taking subjects drawn from the list of third and fourth year subjects which carry less than a total of 126 points;

(b) special cases where, in the view of the Final Honours Board, it would be inappropriate to place the candidate in the class list.

Scoring for Final Honours

7. Honours points shall be awarded on the basis of results obtained in the following subjects (hereafter called "scoring subjects"), or equivalent subjects studied at another tertiary institution:

First Year: Legal Process Criminal Law

Second Year: The Law of Torts Principles of Contract Principles of Property and Conveyancing

Third Year: Equity Administrative Law Constitutional Law Mercantile Law Principles of Evidence Comparative Law International Law Jurisprudence Legal History Family Law

Fourth Year: Principles of Evidence Comparative Law International Law Jurisprudence Legal History Family Law Conflict of Laws Advanced Constitutional Law Legal Persons Taxation Research Project Executors and Trustees Securities and Creditors' Rights Law of Employment Law of Labour Relations Problems of Proof Land Contracts

8. All scoring subjects are of equal weight in computing marks for the purposes of final honours.

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9. All candidates shall be assessed on their performance in sixteen subjects drawn either from the above list, or from equivalent subjects completed at another tertiary institution. 10. Where a candidate has completed more subjects than are required for the law degree his performance in any such additional subject may be disregarded in assessing his honours score. 11. Where more than six fourth year subjects have been completed in satisfaction of the requirements for the law degree the candidate's performance in any six point subject or subjects may be disregarded in assessing his honours score. 12. Honours points shall be awarded where the candidate gains honours In a scoring subject offered by Melbourne Law School on the following basis:

First Class Honours 5.0 points Second Class. Honours (A) 3.0 points Second Class Honours (B) 2.0 points Third Class Honours 1.25 points

13. Where subjects equivalent to scoring subjects have been completed at another tertiary institution honours points may be awarded at the discretion of the Final Honours Board. 14. A candidate who has failed in any scoring subject or subjects shall lose 1.25 honours points for each failure.

15. Where two or more candidates obtain the same score of honours points in the scoring subjects of the course the Final Honours Board shall take into account their performance in the non-scoring subjects of the law course when ranking them in order of merit. 16. In special cases the Final Honours Board is empowered to take into account hardship or illness detracting from a candidate's academic performance in assessing his final honours score. 17(a) Where a candidate has presented for a deferred or special ex-

amination the result obtained in such an examination shall be taken into account in the assessment of that candidate's honours score.

(b) As between candidates, who have obtained equal honours scores, these 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 Requirements for Award of the Honours Degree

18. Candidates who have qualified for the degree of bachelor of Laws may be granted the degree of bachelor of Laws with honours if they have gained a total of 18 honours points out of the possible maximum of 80 honours points. The review of the course is conducted in such a way as not to exclude a candidate whose academic results become distinguished only in the latter part of his course: a "late-developer" could obtain the degree with honours.

DETAILS OF SUBJECTS

DEGREE OF BACHELOR OF LAWS AND

SUBJECTS PRESCRIBED BY THE COUNCIL OF LEGAL EDUCATION OR IN THE COURSE FOR QUALIFICATION AS A STIPENDIARY MAGISTRATE

30

WRITTEN WORK DURING THE YEAR

Full details of written work required in the various subjects are published on the notice boards in January, and are available to students at the Law School office.

PURCHASE OF BOOKS

Books marked with an asterisk are essential and students should buy them. Students are advised to consult their tutors or lecturers before buying books not so marked, or before choosing between alternatives which are so marked.

HONOUR WORK

Except in subjects where special details are published, the syllabus for Honours will be the same as that for Pass.

CLASSES IN LAW SUBJECTS

Where classes are divided students are expected to remain in the divi-sions to which they have been allotted and must not change without permission. This is vital in view of the methods of teaching used in the school.

730-502 ACCOUNTS A course of one class per week throughout the year with such class exercises as may be directed by the lecturer.

SYLLABUS

A general knowledge of the principles of accounting and the practice of book-keeping; partnership and company accounts; book-keeping in a solicitor's office; executors' and trustee accounts.

BOOKS

Recommended for reference: Yorston K R Smyth B E and Brown S R Elementary Accounting 4th ed

Law Book 1965 'Yorston K R Smyth B E and Brown S R Accounting Fundamentals

6th ed Law Book 1966 Further references will be given by the lecturer.

ASSESSMENT

One 3-hours' examination paper for pass only. 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 as a total or partial sub-stitute for, this paper.

730-302 ADMINISTRATIVE LAW

A course of two classes per week throughout the year.

SYLLABUS

This course examines from a legal point of view the relationships between the citizen and the executive branch of government. This subject owes its significance to the fact that in the modern com-munity the life of the citizen is likely to be very much affected by increasing powers of regulation and decision-making vested in the

31

executive arm of government or 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 of the validity of administrative decisions, but the issue of the liabilty of the administrators for their acts may be also involved. Hence the question of the liability of the Crown and of other bodies of a public nature is also considered. Throughout the course, attention is given mainly to problems which are common to the States and the Commonwealth. The student's attention is directed to the special problems which arise under the Common-wealth Constitution, but detailed consideration of these problems is omitted. The method of instruction is mainly through an analysis of the cases which are either printed at length or summarized in the Case Book mentioned below. The details of the main topics are substantially those dealt with in the Case Book itself, but any recent decisions of significance will be considered. As much attention has recently been devoted to the question of reform in this subject, the question of law reform and the government-inspired reports relating thereto are given special examination.

BOOKS

Prescribed casebook:

•Brett P Hogg P W ed Tracey R R S and ass Sykes E I Cases and Materials on Administrative Law 3rd ed Butterworth 1975

Recommended for reference: Benjafield D G and Whitmore H Principles of Australian Administrative

Law 4th ed Law Book 1971 Sawer G Australian Government Today 7th ed MUP 1961 Rubenstein A Jurisdiction and Illegality OUP 1965 Griffith J A G and Street H Principles of Administrative Law 3rd ed

Pitman 1963 De Smith S A Judicial Review of Administrative Action 2nd ed Stevens

1968 Hamson C J Executive Discretion and Judicial Control Stevens 1954 Report of the Committee on Ministers' Powers 1932 Cmd 4060 Report of the Committee on Administrative Tribunals and Enquiries 1957

UK Cmd 218 Report of Commonwealth Administrative Review Committee 1971 Par-

liamentary Paper 144 Kerr Report Interim and Final Reports of the Committee on Administrative Discretions

1973 Bland Reports

32

More detailed advice on texts will be given at the beginning of the course.

ASSESSMENT

One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-306 COMPARATIVE LAW A course of two classes per week throughout the year.

SYLLABUS

The first part of the course will deal with the reception of European law into Japan, a general study of the legal system, its organization, its history and its contemporary role and of the structure and concepts of the Japanese Civil and Commercial codes. The second part of the course will be an examination of particular con-cepts in the law of contract including the formation of contracts; the principle of good faith; the source, nature, and extent of sales warranties; and remedies for breach of contract. These will be studied on a com-parative basis, considering the law of Australia, Japan, and relevant international conventions.

BOOKS

•Allan D E ed Asian Contract Law A Survey of Current Problems MUP 1969

•Merryman J H The Civil Law Tradition Stanford UP 1969 Duplicated material will be issued to students during the year, with references for particular topics.

ASSESSMENT

One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-404 CONFLICT OF LAWS A course of two classes per week throughout the year. SYLLABUS

Conflict of laws is concerned with the problems which arise when a foreign or interstate element enters Into a legal transaction or problem. In this course particular attention is given to problems of jurisdiction, that is to say the rules determining when a Victorian court would assume jurisdiction in such a case; choice of law, that is to say the rules for determining the selection of the most appropriate law for the decision of a particular problem once a Victorian court has assumed jurisdiction; and foreign judgements, that is to say the rules which a Victorian court will apply in deciding whether to recognize and enforce a foreign or interstate judgement or order. In the interstate sphere, the solution of problems may be affected 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.

33

BOOKS

Prescribed text: Sykes E I and Pryles M C Cases and Materials on International and

Interstate Conflict of Laws Butterworth 1975 Recommended for reference: Sykes E I A Textbook of the Australian Conflict of Laws Law Book 1971 Nygh P E Conflict of Laws in Australia 2nd ed (or any later ed) Butter-

worth 1972 Cheshire G C and North P M Private International Law 8th ed Butter-

worth 1970 Dicey A V and Morris J H C Conflict of Laws 9th ed Stevens 1973 Morris J H C Conflict of Laws Stevens 1971 Pryles M C and Hanks P Federal Conflict of Laws Butterworth 1974

ASSESSMENT

One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for this paper.

730-104 CONSTITUTIONAL AND ADMINISTRATIVE LAW

SYLLABUS

This course will consist of two parts: The first—an introduction to con-stitutional law—will be taught during the first 13 weeks of the academic year; and second—an introduction to administrative law—will be taught during the remaining 13 weeks.

Constitutional Law

The topics to be considered will include types and sources of constitu-tions generally; colonial constitutions; sources of the present federal constitution; and the institutions of government—legislative, executive and judicial—with particular emphasis on the effect of the federal con-stitution on the day-to-day operation of government in Australia.

Administrative Law

The topics to be considered will include the nature and scope of adminis-trative law; administrative agencies, their nature and function, their relationship to government and citizens; control of delegated legislation (i.e. rules, regulations, council by-laws); control of statutory discretions; control of jurisdiction of administrative tribunals; the role of ombudsmen.

BOOKS

Recommended for preliminary reading: Crisp L F Australian National Government 3rd ed Longman 1973 Lane P H An Introduction to the Australian Constitution Law Book 1974 Main textbooks and materials: Materials on Constitutional Law will be issued by the Law School •Brett P and Hogg P. W. ed Tracey R. R. S. ass. Sykes E. I. Cases and

Materials on Administrative Law 3rd ed Butterworth 1975 Further references will be given in class.

ASSESSMENT

One 3-hours' examination paper for pass and for honours. Written work

34

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 as a total or partial substitute for, this paper.

730-103 CONSTITUTIONAL AND LEGAL HISTORY Note: Students who are taking the LLB degree with an Arts degree inclu-ding a major in History may enrol for British History (Arts) and should consult the Arts Faculty handbook for details of this subject. A course of two lectures per week and one tutorial per fortnight through-out the year.

SYLLABUS

Within the context of development generally, a study will be undertaken of some of the more significant aspects of British constitutional and legal development, from the Middle Ages to the present day, and of American, Canadian and Australian development, both constitutional and legal, from the eighteenth century onwards. Students will be able to prepare in depth certain selected problems for the November examination and will be advised of these at the beginning of the year.

BOOKS

Recommended for preliminary reading: 'Chrimes S. B. English Constitutional History 3rd ed OUP 1965 Windeyer, W J V Lectures on Legal History 2nd ed, Law Book 1949 Harding A A Social History of English Law Penguin 1966 Clark M A Short History of Australia Mentor 1963 McNaught K The Pelican History of Canada Penguin 1969 Miller W A New History of the United States 3rd ed Paladin 1968

Prescribed texts:

'Stephenson C. and Marcham F. G. Sources of English Constitutional History 2 vols Harper 1972

'Baker J. H. An Introduction to English Legal History Butterworths 1971 if available

A reading guide will be provided

ASSESSMENT

One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-303 CONSTITUTIONAL LAW A course of two classes a week throughout the year.

SYLLABUS

This course deals with the basic principles of the Constitution of both the States and the Commonwealth. The study embraces not only the formal constitutional documents but also some of the unwritten and ill-defined constitutional conventions that shape the actual working of government at both the State and Federal level. The Commonwealth Constitution allocates specific governmental powers to the Common-

35

wealth, the residue of powers remaining with the States. This course briefly analyses the distribution of powers and some general problems facing courts in the interpretation of the Constitution, reserving detailed discussion of specific interpretation problems for the course in Advanced Constitutional Law. In addition, a large section of the course will be devoted to Civil Liberties law, with analysis of some of the problems posed by the clash of the interests of the community and those of the individual, e.g. the law of public meetings and processions, of police powers, of freedom of poli-tical and literary expression, and of the protection of the individual from discrimination and arbitrary treatment. Particular attention is devoted to the nature and utility of Bills of Rights.

BOOKS Recommended for preliminary reading: Sawer G Australian Government Today 10th ed MUP 1970 Lane P H An Introduction to the Australian Constitution Law Book 1974 Sawer G Modern Federalism Watts 1969 Main textbooks and materials: Campbell E and Whitmore H Freedom in Australia 2nd ed SUP 1973 Feigenbaum J 1 and Hanks P Australian Constitutional Law Butter-

worth 1972 Howard C Australian Federal Constitutional Law 2nd ed Law Book 1972 'Sawer G Australian Constitutional Cases 3rd ed and Supp, Law Book

1970 Commonwealth of Australia Constitution Act Statute of Westminster Adoption Act 1942 Judiciary Act 1903-69 Materials on Constitutional Law (obtainable from Law School).

ASSESSMENT One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitution for, this paper.

730-405 ADVANCED CONSTITUTIONAL LAW A course of two classes a week throughout the year.

SYLLABUS

This course is for students who want a more detailed understanding of the operation of Australian federal constitutional law than is imparted in the third year constitutional law course. Each year certain areas of the federal Constitution are selected for intensive study. The selection varies from year to year, depending partly on current developments, but in general is made from the following topics: techniques of construction; distribution of power; separation of powers; judicial power; federal jurisdiction; legislative powers of the Commonwealth; constitutional guarantees. Discussion is not limited to judicial interpretation of the Constitution. The capacity of the Commonwealth to regulate critical areas of the national life, such as finance, trade, natural resources, regional planning, defence and external affairs comes under consider-ation to a greater or lesser extent, depending on the emphasis in any particular year. The effectiveness of the functioning of the Constitution

36

in the selected areas also receives consideration. Class discussion of the problems which arise is required.

BOOKS

Prescribed textbook and materials: 'Howard C Australian Federal Constitutional Law 2nd ed Law Book

1972 •Sawer G Australian Constitutional Cases 3rd ed and Supp, Law Book

1970 •Commonwealth of Australia Constitution Act 1900 Govt Prntr 'Judiciary Act 1903-1970 (Cth.) Govt Prntr

ASSESSMENT One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-202 PRINCIPLES OF CONTRACT A course of two classes per week throughout the year, with additional classes as scheduled.

SYLLABUS

The law of contracts is of fundamental importance in most commercial transactions and forms the basis for the study of Mercantile Law, Principles of Equity, Legal Persons, Land Contracts, Securities and Creditors' Rights and Taxation. The course is a study in depth of reported cases. Its object is not only to equip students with an understanding of principle, but also to create an awareness of contemporary problems and trends which are now hav-ing an impact on the development of doctrine.

BOOKS

Recommended for preliminary reading: Atiyah P S The Law of Contract 2nd ed OUP 1971 Prescribed casebook: •McGarvie R E Pannam C L and Hocker P G Cases on Contract 3rd

ed Law Book 1975 Recommended for reference: Cheshire G C and Fifoot C H S (J G Starke and P F P Higgins eds)

The Law of Contract 3rd Aust ed Butterworth 1974 Treitel G H The Law of Contract 4th ed Stevens 1975 Corbin on Contracts 8 Vols West Publ 1963

ASSESSMENT

One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-102 CRIMINAL LAW A course of two classes per week throughout the year.

SYLLABUS

This course includes an investigation of the nature and purposes of the

37

criminal law and the aims which that branch of the law seeks to achieve. The crimes of homicide, less serious offences against the person, and theft (including crimes analogous to theft) are examined in considerable depth, and certain other crimes are dealt with in less detail. Finally, the course examines the doctrines applicable to all crimes, e.g. the various defences which can be made to a criminal charge, the law of conspiracy and attempt, and the requisite mental element of a crime. Throughout the course the student is encouraged to consider not only what the decisional law is, but also what it ought to be.

BOOKS

Recommended for preliminary reading: Campbell E and Whitmore H Freedom In Australia SUP 1966 Chapter 2 Prescribed books: •Brett P and Waller P L Criminal Law Text and Cases 4th ed Butter-

worth 1976 "Crimes Act 1958 (Victoria) and amending Acts Recommended textbook: Howard C Australian Criminal Law 2nd ed Law Book 1970 Recommended for reference: Williams G L Criminal Law 2nd ed Stevens 1961 Hall J General Principles of Criminal Law 2nd ed Merrill 1960 Brett P An Inquiry into Criminal Guilt Law Book 1963 Howard C Strict Responsibility Sweet & Maxwell 1963 Morris N and Howard C Studies in Criminal Law OUP 1964

ASSESSMENT One 3-hours' examination paper for pass and for honours. Written work as approved by the faculty (which may include tests, exercises or essays) may be included during the year as an alternative or in addition to, as a substitute for, this paper.

730-410 LAW OF EMPLOYMENT A course of one class per week throughout the year.

SYLLABUS

A study of:

1. The Employer-employee relationship as a legal relationship. A know-ledge of the general principles of the law of contract and tort is presumed and this part of the course deals with the formation of the contract of employment, the terms commonly implied into such a contract, the duties owed by both the employer and employee to each other and the remedies for the breach thereof, the performance and termination of the contract, the restraints on contractual freedom and wages as a property interest. 2. Legal control over strikes and other concerted pressures at common law. 3. Protection of the employee at Common law against injury. 4. Workers' compensation.

BOOKS AND STATUTES

Prescribed text:

*Sykes E I and Glasbeek H J Labour Law in Australia Butterworth 1972 Necessary statutes: •Employers and Employees Act 1958 (Victoria)

38

'Workers' Compensation Act 1958 as amended in 1972 (Victoria) National Compensation Act 1974 assuming same becomes law

Recommended for reference:

Wedderbum K W The Worker and the Law 2nd ed Penguin Glasbeek H J and Eggleston E M Cases and Materials on Industrial

Law in Australia Butterworth 1973

ASSESSM ENT

One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-301 EQUITY A course of two classes per week throughout the year.

SYLLABUS

One section of the course is concerned with intestate and testate suc-cession. It includes a study of arrangements inter vivos as substitutes for wills, the formalities of execution and revocation of wills, revival of wills, republication of wills, probate of wills, grants of administration, failure of testamentary dispositions by lapse, disclaimer, etc., and equit-able doctrines of conversion, election, satisfaction and ademption. Another section of the course consists of a study in depth of the equitable doctrines governing the creation of trusts. The trust-concept underlies much of modern property and taxation law and it has had an influence on the law of corporations. In the early part of the course the trustee-beneficiary relationship is distinguished from a number of similar relationships such as those involved in agency, bailment, debt and a company. In the course of considering intention to create a trust the opportunity is taken to consider dispositions on condition, dispositions subject to a charge and powers in the nature of a trust. The doctrine of consideration is studied next in relation to trusts by declaration, imper-fect gifts, trusts by transfer, assignments of future property, assignment of choses in action by way of trust, covenants to create trusts and trusts of covenants. Requirements of form are considered by dealing with the Statute of Frauds, and various doctrines affecting testamentary trusts such as those relating to secret trusts and the cognate topic of incor-poration by reference. In dealing with the object of a trust the problem of trusts of imperfect obligation is considered. The treatment of property the subject-matter of a trust includes consideration of the difference between an interest and an expectancy and the problem of trusts of promises with special reference to life insurance trusts. The effect of a trust for illegal purposes is studied next. There follows a study of perpetuities doctrine and legislation affecting trust funds. The treatment of trusts is concluded by a study of charitable, resulting and constructive trusts. The administration of trusts is left for study in the fourth-year subject of Executors and Trustees. A third section of the course is devoted to a short treatment of equitable remedies.

BOOKS

Prescribed books:

•Ford H A J Cases on Trusts 3rd ed Law Book

39

• Cases and Materials on Wills—Obtainable from the Law School Administration and Probate Act 1958 Victoria Perpetuities and Accumulations Act 1968 Victoria Trustee Act 1958 Victoria Wills Act 1958 Victoria

Recommended for reference:

Spry I C F Equitable Remedies Law Book 1971

ASSESSMENT One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-305 PRINCIPLES OF EVIDENCE A course of two classes a week throughout the year.

SYLLABUS This course deals with the general principles of the Law of Evidence, the manner in which evidential material is presented to the Court, the rules as to what witnesses may present evidence to the Courts and as to what evidence will be rejected by the Courts. The common law system has, during the past three centuries, developed a detailed set of rules governing the reception of evidence by Courts. These rules were originally devised with the purpose of ensuring, as far as possible, that evidence which might have to be evaluated by a jury should be trustworthy. The common law therefore developed its rules

with a view to providing a guarantee in advance as to the probable trustworthiness of evidence which might be tendered. Its original rules have been much modified by statute since the middle of the nineteenth century but the original structure has remained. This course discusses the Law of Evidence as a body of principles and concentrates especially on analysing them and exhibiting their intercon-nection in relation to the requirements and operation of the trial process.

BOOKS

Prescribed textbooks:

'Cross R Evidence Aust ed Butterworth 1971 •Students are also required to obtain the Evidence Act 1958 (Victoria)

and the Crimes Act 1958 (Victoria).

ASSESSMENT One 3-hours' examination paper for pass and for honours. Written work as approved by the faculty (which may include tests, exercises or essays) may be included during the year as an alternative or in addition to, as a substitute for, this paper.

730-408 EXECUTORS AND TRUSTEES A course of one class per week throughout the year.

SYLLABUS

This subject consists of the law relating to the administration of trusts

40

and the law relating to the administration by personal representatives of estates of deceased persons. The former limb comprises five main topics, viz. duties of trustees, consequences of breach of trust, powers of trustees, rights of trustees, and appointment of trustees; the latter, four main topics, viz. appointment of personal representatives, devolu-tion of assets of deceased persons upon their personal representatives, powers of personal representatives in respect of property devolving upon them, and duties of personal representatives.

BOOKS

There is no prescribed textbook.

Recommended for reference:

Underhill A Law of Trusts and Trustees 12th ed Butterworth Ford H A J Cases on Trusts 2nd or 3rd ed Law Book Jacobs K S The Law of Trusts in New South Wales 3rd ed Butterworth

In addition, students should provide themselves with copies of the following Acts, which will be used in lectures: Trustee Act 1958 Administration and Probate Act 1958

ASSESSMENT One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-403 FAMILY LAW A course of two classes per week throughout the year.

SYLLABUS

The role of law and lawyers in establishing, administering and re-organizing family relationships will be considered. Existing legal rules and the function of lawyers in their administration will be examined and a critical evaluation of these rules in the light of social objectives will be undertaken. Topics for discussion will include: the establishment of formal family relationships, including the role of the State in regulating marriage and adoption; the formal family relationship as viewed by other branches of law; State assistance to the family and social welfare; informal family relationships and the rights of de facto spouses and illegitimate children; the adjustment of intra-family conflicts short of formal dissolution, e.g.. disputes as to property, maintenance or custody; State intervention into the family relationship, as with the withdrawal of children from parental custody. The dissolution and consequent formal reorganization of the family will require a study of the law and practice of matrimonial causes and ancil-lary relief, particularly maintenance, custody and settlements; the role of lawyers and others in the process of dissolution and reorganization; an evaluation of the merits of the existing system.

BOOKS and STATUTES

Recommended for preliminary reading:

Finlay H A (ed) Divorce, Society and the Law Butterworth 1969

41

Prescribed book:

•Hambly D and Turner J N Cases and Materials on Family Law Butter-worth 1971

Prescribed statutes: Family Law Act 1975 (Commonwealth) •Marriage Act 1961 (Commonwealth) Marriage Act 1958 (Victoria) Maintenance Act 1965 (Victoria)

Recommended for reference:

Bromley P M Family Law 4th ed Butterworth 1971 Bourke J P and Fogarty J F Maintenance, Custody and Adoption Laws

3rd ed Butterworth 1972 Finlay H and Bissett-Johnson A Family Law in Australia Butterworth

1972 Toose P Watson R S and Benjafield D G Australian Divorce Law and

Practice Law Book 1968

ASSESSMENT

One 3-hours' examination paper for pass and for honours. Written work may be required during the year as an alternative or in addition to, or as a total or partial substitute for, this paper.

730-307 INTERNATIONAL LAW A course of two classes per week throughout the year.

SYLLABUS

International Law differs from most other law subjects because it rests on a consensual order rather than on a system of rules and sanctions. The subject lends itself to theoretical and jurisprudential analyses as well as to practicalities. Stress will be placed on the latter aspect, however, in order to underline the topical nature of international law. A study of several international law cases will precede the study of fundamental topics, which include: sources of international law, inter-national law and municipal law, international personality, recognition, state territory, treaties, personal jurisdiction, and the use of force. Attention will be given to international organizations including the Inter-national Court of Justice, regional organizations and international eco-nomic organizations. As well, study will be undertaken in the international law of the sea and air and space law. There will be discussion on current international law problems and students are required to keep themselves informed of current affairs for these purposes.

BOOKS

Recommended for preliminary reading:

Brierley J L The Law of Nations 6th ed OUP 1963 Starke J G Introduction to International Law 7th ed Butterworth 1972

Prescribed textbooks:

•Brownlie I Principles of Public International Law 2nd ed OUP 1973 •Harris D J Cases and Materials on International Law Sweet and Max-

well 1973 •Charter of the United Nations and Statute of the International Court of

Justice

42

Recommended for reference:

Bowett D Law of International Institutions Stevens 1970 Brennan G A and Holder W E International Legal System Butterworth

1972 Dam K The G.A.T.T.—Law and International Economic Organisation

Chicago UP 1970 Green L C International Law Through Cases 3rd ed Stevens 1970 Greig D W International Law Butterworth 1970 Greig D W International Law Butterworth 1972 Higgins R Development of International Law Through the Political

Organs of the United Nations OUP 1963 Lauterpacht H The Development of International Law Through the Inter-

national Court Stevens 1958 O'Connell D P International Law 2 Vols Stevens 1965 O'Connell D P International Law for Students Stevens 1971 O'Connell D P International Law in Australia 1965 Schwarzenberger G The Frontiers of International Law Stevens 1962 Schwarzenberger G A Manual of International Law 5th ed Stevens 1967 American Journal of International Law The British Yearbook of International Law International Court of Justice Reports

ASSESSM ENT One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-401 JURISPRUDENCE A course of two classes per week throughout the year.

SYLLABUS

Throughout the ages the term Jurisprudence has been used to cover a wide range of enquiries and pursuits, which differ considerably in their aims. Analytical Jurisprudence has concentrated upon the analysis of legal concepts and the study of the techniques of legal reasoning. Legal Philosophy has endeavoured to explore the relationship between law and justice. Sociological Jurisprudence has concentrated upon the workings of law in its social context. In this course, an endeavour is made to examine the role of the law and the lawyer in contemporary society. In the Honours course the "jurisprudential schools" are discussed in greater depth than in the Pass course, and there is also some considera-tion of the analysis of legal concepts. In the Pass course less attention is paid to the details of the various schools, and an attempt is made to range widely over contemporary problems involving attitudes to law and legality, e.g. the morality of obedience or disobedience to law; the desirability of fundamental guarantees of human rights; and so on. As regards reading, all students should obtain and read the book starred below. They should also endeavour to read a wide range of different writers who have expounded their own particular outlooks. A suggested selection of suitable works from which students can choose is also given below.

43

BOOKS

Prescribed for preliminary reading:

•Lloyd D The Idea of Law Penguin 1964 Recommended for reference:

Allen C K Law in the Making 7th ed OUP 1964 Austin J Jurisprudence ed Campbell 2 vols Murray 1873 Austin J The Province of Jurisprudence Determined and The Uses of

the Study of Jurisprudence Introduction by H L A Hart Weidenfeld & Nicholson 1954

Cahn E The Moral Decision Indiana UP 1955 Cahn E The Sense of Injustice NYUP 1949 Cardozo B N The Growth of the Law Yale UP 1924 Cardozo B N The Nature of the Judicial Process Yale UP 1921 Friedmann W G Legal Theory 4th ed Stevens 1960 Gray J C The Nature and Sources of the Law Beacon Paperback 2nd

ed 1921 Hart H L A The Concept of Law OUP 1961 Lloyd D Introduction to Jurisprudence Stevens 1959 Maine H S Ancient Law Beacon Paperback 10th ed 1963 Paton G W A Textbook of Jurisprudence 4th ed OUP 1972 Pollock F Jurisprudence and Legal Essays Macmillan 1961 Pound R An Introduction to the Philosophy of Law OUP 1954 Stone J The Province and Function of Law Maitland 1946

ASSESSMENT One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-414 LAW OF LABOUR RELATIONS A course of one class per week throughout the year.

SYLLABUS

This course is concerned essentially with the legal sociology of the collective relations of employers and employees. It will be a study of:

1. Federal constitutional power with respect to industrial disputes. 2. The general structure of Federal and State Industrial Tribunals. 3. The machinery of the Federal system. There will be a study of the

Conciliation and Arbitration Act 1904-1974 (Commonwealth). 4. Comparative systems. 5. Current legal and social problems in labour relations.

BOOKS and STATUTES 'Sykes E I and Glasbeek H J Labour Law in Australia Butterworth 1972 Kahn-Freund O Labour and the Law Stevens 1972 •Conciliation and Arbitration Act 1904-1974 (Commonwealth)

ASSESSMENT

One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

44

730-412 LAND CONTRACTS A course of one class per week throughout the year.

SYLLABUS Generally the course deals with the sale of land under the Torrens system and the general law; and related topics. The following topics will be covered: Options and other documents preliminary to the formal contract of sale of freehold land. Statute of frauds. Contract of sale of freehold land; implied provisions; conditions in Table A in seventh schedule to the Transfer of Land Act 1958 and in the third schedule to the Property Law Act 1958; breach of contract; Investigation of title; usual searches and inquiries; completion. Sale of Land Act 1962. Regulation of land use under the Town and Country Planning Acts and by municipal by-law under the Local Government Act. Slum Reclamation and Housing Legislation. Building Regulation. Subdivision of Land. Ownership of and dealings in flats and home units. Estate Agents: Estate Agents Act 1958; power to bind principal and receive money on his behalf. Dealings in leasehold interests, including registration of leases under the Transfer of Land Act.

BOOKS

Prescribed textbook:

Voumard L Sale of Land 2nd ed Law Book

Copies of the following Acts will be required:

'Property Law Act 1958 •Transfer of Land Act 1958 *Instruments Act 1958 ' Sale of Land Act 1962 •Town and Country Planning Act 1961 *Estate Agents Act 1958 *Strata Titles Act 1967 and all amendments to the above-mentioned Acts.

Recommended for reference:

Piesse E L and Aitken J K The Elements of Drafting 4th ed Law Book 1968

Robinson S Drafting Butterworth 1973 Storey H Real Estate Agency in Victoria Butterworth 1967

ASSESSMENT

One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-402 LEGAL HISTORY A course of two classes per week throughout the year.

45

SYLLABUS

The aim of this subject is to explore the relationships between a changing society and its legal order. Students will investigate various aspects of legal development in Australia, especially in Victoria between 1834 and 1934.

BOOKS

Recommended for preliminary reading:

Harding A A Social History of English Law Penguin 1966 Fifoot C H S Judge and Jurist in the Reign of Queen Victoria Stevens

1959 Bennett J M A History of the Supreme Court of New South Wales, Law

Book 1974 •Castles A C An Introduction to Australian Legal History Law Book

1970 *Whitfield L A Founders of the Law in Australia Butterworth 1971 Detailed reading lists will be supplied at the beginning of the year and throughout the year.

ASSESSM ENT

Students will be examined on two research papers, each of 4,000 to 5,000 words, to be submitted by dates prescribed by the faculty.

730-406 LEGAL PERSONS A course of two classes per week throughout the year.

SYLLABUS

A study of the law relating to unincorporated associations, companies, unit trusts, partnerships and trade unions.

BOOKS

Prescribed textbooks:

•Afterman A B and Baxt R Casebook on Corporations and Associations 1st or 2nd ed Butterworth or

'Ford H A J Principles of Company Law Butterworth 1974

Prescribed statutes:

Students must obtain their own copies of the latest reprint of: Companies Act 1961 (Victoria) Conciliation and Arbitration Act 1904-1973 (Commonwealth) Corporations and Securities Industry Bill 1974 (Commonwealth) Partnership Act 1958 (Victoria) Trade Unions Act 1958 (Victoria) Securities Industry Act 1970 (Victoria) Trade Practices Act 1974 (Commonwealth)

Recommended for reference only:

Wallace and Young Australian Company Law and Practice Law Book 1965

Paterson W E and Ednie H H Australian Company Law 2nd ed Butter-worth 1971

Gower L C B Modern Company Law 3rd ed Stevens 1969

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Baxt R Second Australian Supplement to Gower on Modern Company Law Law Book 1974

Ford H A J Unincorporated Non-Profit Associations OUP 1959 Higgins P F P The Law of Partnership in Australia and New Zealand

2nd ed Law Book 1970 Portus J H 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, A B Company Directors and Controllers Law Book 1970 Stoljar S J Groups and Entities ANU 1973 Johnston T R Jager M O and Taylor R B The Law and Practice of

Company Accounting 3rd ed Butterworth 1973

ASSESSMENT

One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-101 LEGAL PROCESS A course of ten hours per week in Orientation Week, and 3 hours per week until the fifth week of Second Term.

SYLLABUS

The course provides a general introduction to the study of law. It includes the following:

(1) Ideas of law; fundamental legal concepts; the purpose of law in society.

(2) The role of the lawyer in dispute avoidance and settlement. (3) The institutions of the legal system: Parliament, the courts, tribunals,

the police, the penal system, organizations and associations of law-yers and others.

(4) Litigation and the judicial process. (5) Legislation, including statutory interpretation, subordinate legisla-

tion, and the exercise of administrative powers. (6) The law in action; practical problems in the working of the legal

system; a critique of law and lawyers. (7) The development of law and the capacity of the law to adapt to

changes in the needs and opinions of society. (8) The tools of the lawyer; an introduction to the use of law reports,

textbooks, periodicals and statutes; the language of the law; legal writing.

COURSE MATERIALS

Duplicated materials will be issued to students throughout the year.

ASSESSMENT

One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

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730-111 LEGAL PROCESS (SPECIAL COURSE)

THE PURPOSE OF THE COURSE

The purpose of this course is to enable students who have not reached standards satisfactory to the faculty in the annual examination in Legal Process and who have not been granted a special or supplementary examination to pursue their studies in that subject over the long vacation rather than in the next academic year. The syllabus of the special course is the same as that of Legal Process but the methods of teaching are different.

PERSONS ELIGIBLE FOR ENROLMENT

The number of students permitted to enrol in this subject is limited. Students who have failed Legal Process in the November examination and are not presenting for a special or supplementary examination in February next following are eligible to apply for selection in the quota in the subject. Full-time enrolment is required.

SYLLABUS

The course provides a general introduction to the study of law and legal techniques. It includes the following:

(1) An elementary analysis of the legal system and the legal process; sources of law; divisions of the law; an outline of civil procedure; precedents.

(2) Interpretation of statutes. (3) Basic legal concepts. (4) The principles and techniques of lawyers' reasoning and of judicial

method. (5) The history of the courts of law and of equity and of the introduction

of English law into Australia. Duplicated materials will be issued to students during the course.

ASSESSMENT

Students will be assessed on the basis of a number of assignments, class examinations to be given during the course, and class participation, as approved by the faculty.

730-304 MERCANTILE LAW A course of two classes per week throughout the year.

SYLLABUS

Mercantile law is concerned with various commercial transactions, as well as with certain agreements between businessmen and private citizens. It is built on the foundation of the law of contracts. The topics studied may vary from year to year, but will usually be selected from the following: sale of goods, hire-purchase and other consumer securities, negotiable instruments, banking law, insurance, carriage of goods by land, sea and air, and agency.

BOOKS AND MATERIALS

Preliminary reading: Borrie G J and Diamond A L The Consumer Society and the Law 3rd

ed Penguin 1973

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Recommended for reference: Borrie G J and Greig D W Commercial Law Aust ed Butterworth 1971 Greig D W Sale of Goods Butterworths 1974 Sutton K C T The Law of Sale of Goods in Australia and New Zealand

2nd ed Law Book 1974 Atiyah P S The Sale of Goods 4th ed Pitman 1971 McGarvie R E Pannam C L and Hocker P J Cases and Materials on

Contract 2nd ed Law Book 1971 Else-Mitchell R and Parsons R W Hire Purchase Law 4th ed Law Book

1968 Riley B B The Law Relating to Bills of Exchange in Australia 2nd ed

Law Book 1964 Taperell G O Vermeesch R B and Harland D J Trade Practices and

Consumer Protection, Butterworths 1974

STATUTES

'Goods Act 1958 (Victoria) 'Consumer Affairs Act 1972 (Victoria) 'Hire-Purchase Act 1959 (Victoria) 'Bills of Exchange Act 1909-1971 (Commonwealth) 'Instruments Act 1958 (Victoria) Marine Insurance Act 1909 (Commonwealth) Life Insurance Act 1945 (Commonwealth) Trade Practices Act 1974 (Commonwealth)

ASSESSMENT

One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-411 PROBLEMS OF PROOF One class per week throughout the year.

SYLLABUS

This is an advanced course in evidence providing a study in depth of problems concerned more with probative effect than the technical rules of admissibility, but having to operate within this framework. A general knowledge of the methods of proof (oral evidence, documentary evidence, confessions, admissions, etc.), the standards of proof and the role of judge and jury will be presumed. There will be a preliminary exposition of the Adversary system, its con-sequences and limitations, and it will be treated comparatively with other systems. (The probative process In tribunals not observing the technicalities of the hearsay rule such as the Conciliation and Arbitration Commission, and The Trade Practices Tribunal and in Investigatory tri-bunals such as Coroner's Courts and Parliamentary Investigatory Commit-tees will also be referred to). This will be followed by discussion on such matters as the use of deduction and induction, elementary rules relating to probability, the role of circumstantial evidence, the hearsay rule and its limitations, police methods of interrogation, the use of expert evidence, and the use of modern scientific techniques as aids to the ascertainment of facts. These matters will be related principally to Criminal Law. The major part of the course will consist of a series of problems in

49

Criminal Law which will be presented to raise both fundamental con-ceptual questions and practical questions of method. Students will be expected to attend court hearings, and seminars will be held in conjunction with criminal court cases. Enrolment in the course is restricted to students who have passed in Principles of Evidence.

BOOKS

Prescribed textbook:

'Cross R Evidence Aust ed by Gobbo J A Butterworth 1971 Materials will be issued by the Law School.

Prescribed Statute:

'Evidence Act 1958 Victoria and amendments as reprinted in 1971.

ASSESSMENT

One 3-hours' examination paper for pass and for honours. Written work and tests or a combination cf both as approved by the faculty may be required during the year as an aitemative or in addition to, or as a total or partial substitute for, this paper.

730-501 PROCEDURE A course of one class per week throughout the year.

SYLLABUS

This subject is concerned with the rules applicable in the conduct of civil actions in the Supreme Court, to a lesser extent with the juris-diction and practice in Magistrates' Courts, the control of those Courts by the County Court and by the Supreme Court, and with appeals from a judgement of the Supreme Court to the High Court. Litigation is regulated conflict and 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 current Rules of the Supreme Court are those made in 1957 although amendments have been made to those rules from time to time since 1957. 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, the rules determining whether a case is to be tried by a Judge alone or by a Judge with a jury, the way in which a judgement may be enforced, e.g. by Writ of fieri facias, Writs of possession, etc., attachment of debts, etc. The course also deals with appeals from a single Judge to the Full Court of the Supreme Court and from the Supreme Court to the High Court. Lastly, the course examines the jurisdiction, ordinary and special, of Magistrates' Courts and the principal procedural provisions applicable thereto as contained in the Justices Act 1958 and discusses appeals therefrom to the County Court and to the Supreme Court.

BOOKS

Students are required to obtain:

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Rules of the Supreme Court 1957 Reprint No 3 Commonwealth Service and Execution of Process Act 1901-1968

Recommended for reference:

Odgers W B Principles of Pleading and Practice 20th ed Stevens 1971 Williams N J Supreme Court Practice 2nd ed Butterworth 1973

ASSESSMENT

One 3-hours' examination paper for pass only. 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 as a total or partial sub-stitute for, this paper.

730-503 PROFESSIONAL CONDUCT A course of sixteen classes in first and second terms.

SYLLABUS

This subject relates to the rules established by law and custom for the conduct of legal practice in Victoria. The course includes:

(a) The characteristics of a profession and their application to the legal profession;

(b) The history and organization of the Victorian legal profession; (c) The sources from which the principles of legal professional conduct

are derived. (d) The duties owed by a practitioner to

(i) the law, (ii) the Court,

(iii) his client, (iv) his fellow practitioners.

(e) Special statutory obligations of solicitors under the Legal Professiott Practice Act.

BOOKS

Prescribed textbooks:

•Gifford K H and Heymanson A The Victorian Solicitor 3rd ed Law Book 1974

Legal Profession Practice Act 1958 (Victoria) As amended (Reprint No 3 27th November 1973 incorporates amend-ments up to and including Act No 8259. Subsequent amendments to the Act by Acts No 8448 and 8483)

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. Note: that the above rules are set out in Gifford and Heymanson's book. Detailed references to other works will be given by the lecturer.

ASSESSMENT

One 3-hours' examination paper for pass only. 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 as a total or partial sub-stitute for, this paper.

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730-203 PRINCIPLES OF PROPERTY AND CONVEYANCING A course of sixty-two classes during the academic year.

SYLLABUS

The course is concerned with an analysis of the basic principles of the law of property. This study transcends the traditional boundaries of real and personal property, although for reasons of time and convenience, most topics to be discussed are those usually considered under the rubric of "real property". The course commences with an inquiry into the meaning of the concept of property and the purposes that are or ought to be fulfilled by the law of property. There is then a critical analysis of some of the traditional concepts and classifications adopted by the common law in the context of a study of the law of fixtures. The following topics are discussed: possession as a proprietary interest in land and goods; some basic concepts such as seisin and title; the fragmentation of proprietary in-terests, including the doctrines of tenure and estates, an introduction to future interests, the rules relating to concurrent proprietary interests; the development of legal and equitable interests, including a comparative treatment of their nature, extent and sphere of enforceability; the free-hold estates in land with emphasis upon the reconciliation of the interests of the holder of the fee simple estate and all the community; the acqui-sition of proprietary interests, with emphasis upon gifts of choses in possession and the operation of the Limitation of Actions Act in relation to interests in land; commercial transactions involving leasehold interests in land and bailment of goods, private planning in relation to land by means of easements, restrictive covenants, profits; and a discussion of the Torrens system of registration of interests in land.

BOOKS

Prescribed for preliminary reading:

Lawson F H The Law of Property OUP 1958

Prescribed book:

•Sackville R and Neave M A Property Law Cases and Materials But-

terworth 2nd ed 1974 Students must obtain copies of the following Acts which will be used in classes: 'Property Law Act 1958 •Transfer of Land Act 1958 'Limitation of Actions Act 1958 *Landlord and Tenant Act 1958

Recommended for reference:

Cheshire G C Modern Real Property 11th ed Butterworth 1972 Megarry R E and Wade H W R The Law of Real Property 3rd ed Stevens

1966 Jackson D C Principles of Property Law Law Book 1967 Voumard L Sale of Land 2nd ed Law Book 1965

ASSESSMENT

One 3-hours' examination paper for pass and for honours. Written work and tests or a combination of both as approved by the faculty may be

52

required during the year as an alternative or in addition to, or as a total or partial substitute for, this paper.

730-413 RESEARCH PROJECT A research project consists of a piece of supervised and organized re-search 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 such research and the conclusions to be drawn therefrom. The usual length of a research project is 10,000 to 15,000 words, but there is no inflexible requirement as to length. A shorter and more original submission may be adjudged of higher quality than one which is longer and less original. Students wishing to do a research project should consult a staff member concerning an appropriate topic and should then submit the chosen topic for approval. The submission, which should be accompanied by a brief explanation of what is involved, should reach the Chairman of the Projects Committee by mid February.' When the Research Committee approves topics, supervisors will be appointed, and students notified. Research projects must be submitted for examination, fully typed, by mid Novem-ber.' Students doing research projects are required to work closely with their supervisors during the year. Supervision is an integral part of this subject. Individual research projects may be undertaken by more than one (but not more than four) students. Students should consult the chairman of the Projects Committee for further details.

730-409 SECURITIES AND CREDITORS' RIGHTS

A course of one class per week throughout the year.

SYLLABUS

This is a new course introduced in 1969 and comprises the following:

(1) A comprehensive and systematized study of the law relating to securities (i.e. those interests in property given to a creditor to enable him to secure payment of debts or fulfilment of obligations owed to him). This includes a treatment of both the mortgage and non-mortgage type of security over land and personal property (both tangible chattels and choses in action). It also covers a treat-ment of the law concerning bills of sale and allied securities over personalty, securities given by companies, and the general problem of priorities between competing interests. Some attention is given to the problems of consumer credit purchase Including hire purchase.

(2) A general study of the methods available for enforcement of a judgement.

(3) Bankruptcy Law.

BOOKS

Prescribed textbooks:

• The precise date will be announced In January, 1976.

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Sykes E I The Law of Securities 2nd ed Law Book 1973 The lecturer will indicate what portions of this book may be omitted.

Rose D J ed Lewis' Australian Bankruptcy Law 6th ed Law Book 1970 Statutes:

Students must obtain copies of the following Acts which will be used in class: Property Law Act 1958 (Victoria) Transfer of Land Act 1958 (Victoria) Instruments Act 1958 (Victoria) Hire Purchase Act 1959 (Victoria) Companies Act 1961 (Victoria) Bankruptcy Act 1966 (Commonwealth)

Recommended for reference:

Francis E A Law and Practice relating to Mortgages and Securities 2nd ed Butterworth 1975

Waldock Law of Mortgages 2nd ed Stevens 1950 Coppel E G Law Relating to Bills of Sale Law Book 1935 McDonald Henry and Meek Australian Bankruptcy Law and Practice

4th ed Law Book 1968 Hayek E J Principles of Bankruptcy in Australia OUP 1967

ASSESSM ENT

One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-407 TAXATION A course of two classes per week throughout the year.

SYLLABUS

In this course a study is made of the law relating to Tax Planning and Estate Planning and to Income Tax, Estate and Probate Duty, Gift Duty and Stamp Duty. Particular attention is given to Income Tax and Estate and Probate Duty. The legislation imposing these taxes is extremely detailed and complicated. Emphasis will be placed on the principles underlying and embodied in the legislation rather than its detailed oper-ation. The need to keep in mind the existence of these various taxes when planning a client's affairs will also be stressed.

BOOKS

Recommended for reference:

Relevant Acts of Parliament Mannix E F and Bowra R L Australian Income Tax Leading Cases 2nd

ed Butterworth 1971 Hannan J P Principles of Income Taxation Law Book OP Gunn J A L Income Tax Laws of Australia 8th ed Butterworth •Ryan K W Manual of the Law of Income Tax in Australia 2nd ed

Law Book Mannix and Harris Guide to Income Tax current ed Butterworth Ford H A J Principles of the Law of Death Duty Law Book 1971

54

C.C.H. Australia Ltd Australian Federal Tax Reporter and Australian Tax Cases and Australian Estate and Gift Duty Reporter (Loose-leaf Current Taxation Services)

Spry I C F Arrangements for the Avoidance of Taxation Law Book 1°72 Australian Tax Review Law Book Further references will be given by the lecturer.

ASSESSMENT

One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

730-201 THE LAW OF TORTS A course of three classes per week throughout the year.

SYLLABUS

The law of torts is concerned with the protection of interests in personal security (both bodily and otherwise), property, and various human and economic relationships. It operates primarily by requiring the person who invades such an interest to make monetary compensation at the suit of the person harmed. The syllabus covers the law of torts generally. Particular attention is given to such topics as liability for personal injuries, damage to and interference with property, compensation to relatives, the respective liability of the employer and his employee, problems that arise between neighbouring property-holders, and libel and slander. Although important statutes exist in this field, and will be studied, the rules of the law of torts are still primarily common law rules, and the student will therefore be expected to read a large number of cases. A casebook is prescribed, but the honours student certainly will need to go beyond it.

BOOKS Required preliminary reading:

Atiyah P S Accidents, Compensation and the Law Weidenfeld & Nicol-son 1970

Luntz H Compensation and Rehabilitation Butterworth 1975

Prescribed casebook:

•Morison W L Sharwood R L and Phegan C S Cases on Torts Law Book 1973

Statute: • Wrongs Act 1958 Victoria

Recommended textbooks: Fleming J G The Law of Torts 4th ed Law Book 1971 Heuston R S V ed Salmond on Torts 6th ed Sweet & Maxwell 1973 Street H The Law of Torts 5th ed Butterworth 1972 Jolowicz J A and Lewis T E ed Winfield and Jolowicz on Torts 9th ed

Sweet & Maxwell 1971 More detailed advice on the selection of a text. or texts to buy will be given at the beginning of the course.

Recommended for reference: Clerk J F and Lindsell W H B Law of Torts 13th ed Sweet & Maxwell

1969

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Prosser W L Handbook of the Law of Torts 4th ed West Publ 1972

ASSESSMENT

One 3-hours' examination paper for pass and for honours. 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 as a total or partial substitute for, this paper.

MOOT COURT A Moot Court is held during the first and second terms, usually in the Law School Moot Court Room. The main purposes are, to extend the legal skills of students in applying legal rules and principles to a known set of facts and in searching for and framing and justifying legal rules applicable to a known sot of facts in such a way as to promote a client's case, and then to set out a 'brief' putting forward that case and finally to expound the case 'in court'. The exposition introduces students to the particular form of dialectic which characterizes argument in our courts—involving dialogue rather than speech making and calling for mental agility and much impromptu explanation and justification. As a by-product of this exercise in exposi-tion Moot Court practitioners learn something of the traditional style and good manners of the profession, and overcome some of the nervous-ness and mental strain incidental to a novel and public ordeal and equally perhaps learn to enjoy the nervous and mental challenge which they come to face. For each moot conducted there will be appointed a senior counsel, who will be normally either a third or fourth year student, a junior counsel (a second year student) and a solicitor who again will be in normal cir-cumstances a third or fourth year student. Participation is compulsory for all students allocated to moots and except for a good reason, no exemptions will be granted. In addition, students participating in the moots may be required to attend for tutorial discus-sion on the written briefs for counsel and on the moot itself. Students are required to take part in two moots before graduation but may not elect to take part in more than one moot in any year. Students who expects to graduate at the end of 1976, but who have not yet done any moots, need take part in ONE moot only during 1976. Administrative Arrangements for 1976: 1. Students may select their own times, dates and positions and a time-table will be posted in Tutorial Room B from 5th January until 16th January, 1976. Students should fill in their names, addresses and tele-phone numbers, and also select the position they wish to hold. After 16th January, 1976, the timetable will be removed and any student not then enrolled may be allotted to a moot. 2. Selection should be as follows—

(i) First Moot—Junior Counsel or Solicitor (2nd year) (ii) Second Moot—Senior Counsel or Solicitor (3rd year)

3. Absence from Moot—If for any reason a student proposes to be absent from a moot, permission must be requested in writing and granted by the special consideration committee. Leave of absence proposed on the grounds of pressure of other work in the Law course will not be granted. 4. Timetable—Shortly after the commencement of first term a complete timetable will be posted on the Moot Court Notice Board.

56

5. 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 student must call at the office and sign the acceptance form. This record is kept for the convenience of every member of the team and it is neces-sary that these instructions are adhered to.

NON-LAW SUBJECTS Attention is directed to the requirement in the working rules that these subjects must be selected so that they form a group of two comprising a course of study in a single discipline. The subjects may be chosen from courses for any other degree or dip-loma. Because of the imposition of subject quotas in some courses, the students' choice is limited usually to Arts and Commerce (for details see Arts and Commerce handbooks).

COMBINED COURSES

BACHELOR OF ARTS (ORDINARY DEGREE)— BACHELOR OF LAWS

If approved Arts subjects are taken, these two courses may be taken together over a period of five years. A candidate will receive credit in the Arts course for three subjects in respect of his Law studies. This will be granted after the candidate has completed the third year of the Law course. He must pass in not less than six Arts subjects of his choice. These subjects must include one major and a sequence of two subjects. Students proposing to take these combined courses should, for the pur-pose of planning their subjects, consult the sub-dean of the faculty of Arts and the senior administrative officer of the faculty of Law. Two examples of courses are:

(1) First Year:

Legal Process Criminal Law Constitutional and Administrative Law German 1 Philosophy 1

Second Year: German 2 Philosophy 2 Constitutional and Legal History The Law of Torts

Third Year: German 3 English 1 Principles of Contract Principles of Property and Conveyancing

Fourth Year: Third Year Law Fifth Year:

Fourth Year Law

(2) First Year: Legal Process

Criminal Law Constitutional and Administrative Law Politics 1 Indian Studies 1A

57

Second Year: Constitutional and Legal History The Law of Torts Politics 2A Indian Studies 2B

Third Year: Politics 3A Politics 3B Principles of Contract Principles of Property and Conveyancing

Fourth Year: Third Year Law Fifth Year: Fourth Year Law

In the normal way students must have completed all subjects of the first four years of the combined course before they are qualified to be admitted to the B.A. (Ordinary) degree. The faculty of Arts will consider, however, the case for eligibility for the degree of those students, who have completed the requirements for the first three years of the B.A./LL.B. combined course and have passed in addition in any three of the following subjects—

Equity Comparative Law Administrative Law International Law Constitutional Law Jurisprudence

Students who believe that they may be qualified for admission to the B.A. (Ordinary) degree, pursuant to the dispensation, should consult the sub-dean of the faculty of Arts.

BACHELOR OF ARTS (HONS)—BACHELOR OF LAWS

Special six-year courses have been approved for students who wish to combine a course for bachelor of Arts (degree with honours) with the course for bachelor of Laws. For details, students should consult the sub-dean, faculty of Arts.

BACHELOR OF COMMERCE—BACHELOR OF LAWS

The courses for these two degrees may be combined over a period of five years. The approved order of subjects is as follows:

First Year: Economics A Three of—

Accountancy 1 Economic Geography 1 Economic History A Approved Group Ill (Level 1) Commerce Subject

Second Year: Economics B Statistical Method Approved Group II (Level 2) Commerce subject Legal Process Criminal Law

Third Year: Approved Group Il (Level 3) Commerce subject Constitutional and Administrative Law The Law of Torts Principles of Contract Principles of Property and Conveyancing

Fourth Year: Third Year Law Fifth Year: Fourth Year Law

The candidate will be eligible for admission to the degree of Bachelor of Commerce on completion of the studies of the first four years of the course.

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BACHELOR OF LAWS—DIPLOMA IN CRIMINOLOGY

The courses for the degree of bachelor of Laws and the diploma in Criminology will normally be taken in succession over a period of five years of full-time study. The student completes all 20 subjects of the LL.B. course during the first four years and in the fifth year Criminology A, B, C & D. It may be possible, however, for Criminology A to be included as part of the LL.B. course. The student, who proceeds in this manner, must enrol in the fifth year for Criminology B, C & D and one other approved subject. For further advice students should consult the reader-in-charge, Crimin-ology department, and the senior administrative officer, faculty of Law.

SCHOLARSHIPS, BURSARIES, PRIZES AND FINANCIAL ASSISTANCE

Supreme Court Prize and Exhibitions

1. The following annual prize to be known as the Supreme Court Prize: To the candidate selected by the faculty of Law as being the best student completing the final year of the course for the degree of bachelor of Laws with honours—$350.

2. The following exhibitions to be known as Supreme Court Exhibitions to be awarded annually:

(a) To the candidate recommended by the examiners and placed first among all candidates in the subject Equity, S70.00.

(b) To the candidate recommended by the examiners and placed first among all candidates in the subject Mercantile Law, $30.00.

E. J. B. Nunn Scholarship

This scholarship is awarded to the student placed first in the class list for the degree of bachelor of Laws with honours.

Anna Brennan Memorial Prize

The Anna Brennan Memorial Prize of $50 is offered by the Women Lawyers' Association of Victoria to the woman placed highest in the final honour class list in Laws. If no woman is placed in such class list, then the prize shall be awarded to the woman with the best record throughout the course for the degree of bachelor of Laws, as recom-mended by the Dean of the faculty of Law.

John G. Chrisp Law Bursary For matriculated students of good character whose financial circum-stances are such that without assistance they are unable to commence or continue their Law course. See Regulation 6.53 in the Calendar.

Harry Emerton Law Scholarship For students of the University, pursuing the course prescribed by the Council of Legal Education for pupils under articles. The scholarship is awarded to the candidate placed first at the honours examination in November in Legal Process and Criminal Law. See Regulation 6.48 in the Calendar.

Other Scholarships and Bursaries

In addition to the above awards and assistance various scholarships,

59

Conflict of Laws

Constitutional History Constitutional Law

Constitutional Law, Advanced

Contract, Principles of Criminal Law Employment, Law of Equity Evidence, Principles of

Executors and Trustees

Family Law

International Law

Jurisprudence

Labour Relations, Law of Land Contracts Legal History Legal Persons Legal Process Mercantile Law

Problems of Proof Professional Conduct Property & Conveyancing,

Principles of Research Project Securities and Creditors' Rights Taxation

Torts, The Law of

bursaries and assistance schemes are available for which Law students may compete or apply (in most cases with students of other faculties). These are referred to in the Students' Information Booklet and the Uni-versity Calendar.

Prizes and Exhibitions in Law Subjects

The following prizes and exhibitions are awarded:—

Administrative Law

John Madden Exhibition $75 Comparative Law

Jessie Leggatt Scholarship $75 I. Jenks Exhibition $30 { Spero Wilson Memorial Scholar- t ship $35

Dwight's Prize $50 R. J. Hamer Prize $60

Harrison Moore Exhibition $30 { Spero Wilson Memorial Scholar- t ship $35

Jessie Leggatt Scholarship $75 J. R. Maguire Exhibition $116 Robert Craig Exhibition $43 Supreme Court Exhibition $70 Spero Wilson Memorial Scholarship

$65 John Madden Exhibition $35

Wright Prize $40 { Spero Wilson Memorial Scholar- t ship $25

Bailey Exhibition $30 { Spero Wilson Memorial Scholar-t ship $35 Hearn Exhibition $30

{ Spero Wilson Memorial Scholar-I ship $35

Robert Craig Exhibition $43 Jessie Leggatt Scholarship $40 Dwight's Prize $50 Robert Craig Exhibition $86 Sir George Turner Exhibition $76

Supreme Court Exhibition $30 { Spero Wilson Memorial Scholar-I ship $35

John Madden Exhibition $35 Sir Charles Lowe Prize $38 Jessie Leggatt Scholarship $75

Sir George Paton Prize $74 Sir Charles Lowe Prize $38 Spero Wilson Memorial Scholarship

865 J. R. Maguire Exhibition $116

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PART C

HIGHER DEGREES IN LAW

The University of Melbourne awards three higher degrees in law, namely master of Laws (LL.M.) which may be obtained either by thesis or by examination after course-work, doctor of Philosophy (Ph.D.) obtainable by thesis, and doctor of Laws (LL.D.) which is awarded for written work. Work for the degree of doctor of Philosophy is controlled by the Profes-sorial Board of the University while work for the other degrees is con-trolled by the faculty of Law.

REGULATIONS

Regulation 2.2.A—Enrolment for Higher Degrees and Post-graduate Diplomas

1. All applicants for candidature for a higher degree or a post-graduate diploma shall lodge with the Registrar an application in the form pre-scribed by the Professorial Board.

2. (1) A candidate on approval of his application for candidature or of preliminary studies by the appropriate faculty or the Pro-fessorial Board as the case may be shall enrol within one month thereafter in the University by lodging with the Registrar the form of enrolment prescribed by the Professorial Board.

(2) The approval granted pursuant to the preceding sub-section shall lapse if the applicant does not enrol within the specified time.

3. (1) A candidate shall unless exempted by the appropriate faculty or the Professorial Board re-enrol annually during the month of January or such later date as may be determined by the Pro-fessorial Board until he has qualified for the award of his degree or diploma or has completed a preliminary course of studies.

(2) The candidature of a person who fails to re-enrol pursuant to the provisions of the preceding sub-section shall be deemed to be abandoned, provided that the Professorial Board may on the recommendation of the appropriate faculty reinstate a person's candidature.

(3) A candidate who desires to discontinue his course shall notify the Registrar in writing of his intention to do so.

4. 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 person enrolled shall be subject to the statutes and regulations from time to time in force while he remains enrolled.

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Regulation 3.15—Degree of Master of Laws

By Thesis

1. A candidate for the degree of master of Laws by thesis shall be either— (a) a bachelor of Laws with first class honours, or (b) any other university graduate who has satisfied the faculty of his

ability to pursue advanced studies for the degree of master of Laws by thesis and shall have obtained the faculty's approval for his candidature.

2. A candidate shall engage in full-time advanced research in law for one year, save that (a) a full-time member of the University staff may be accepted as a

part-time candidate for the degree, (b) the faculty may accept as a part-time candidate a person engaged

in another regular occupation which in its opinion leaves the candi-date free for the greater part of his time to pursue his candidature.

3. A candidate shall submit a thesis on a subject approved by the faculty within a time limit prescribed by the faculty. Save in exceptional circumstances this limit shall be for a full-time candidate one year and for a part-time candidate two years.

4. A candidate who satisfies the examiners may be admitted to the degree of master of Laws.

5. Notwithstanding the preceding provisions of this regulation a candi-date for the degree of doctor of Laws who has submitted a work for examination may be admitted to the degree of master of Laws where the examiners, acting with the approval of the candidate, recommend that the work submitted, though not qualifying the candidate for the degree of doctor of Laws, is nevertheless of sufficient merit to justify the award of the degree of master of Laws.

6. Notwithstanding the preceding provisions of this regulation a candi-date who at or before the final honour examination held in the first term of 1950 was placed in any class at a final honour examination and who is a bachelor of Laws of not less than one year's standing may be admitted to the degree of master of Laws without further examination or sub-mission of thesis.

By Examination

7. A candidate for the degree of master of Laws by examination shall be either— (a) a bachelor of Laws with honours, or (b) a candidate who has satisfied the faculty of his ability to pursue

advanced studies for the degree of master of Laws by examination and shall have obtained the faculty's approval for his candidature.

8. A candidate shall engage in full-time advanced studies in law for one academic year, unless for special reasons the faculty grants permission to the candidate to pursue his studies on a part-time basis over a period of not more than two academic years or a longer period approved by the faculty in a particular case as being the equivalent of two academic years.

9. A candidate shall pursue a course of studies, to be approved in each case by the faculty, which shall be drawn from subjects prescribed for the purpose by the faculty and shall pass such examinations and present such supervised research papers as may be prescribed by the faculty.

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10. A candidate who fulfils the foregoing requirements may be admitted to the degree of master of Laws.

MASTER OF LAWS BY THESIS

Candidature

A candidate must either (i) have graduated bachelor of Laws with first class honours or (ii) be a university graduate who satisfies the faculty of Law of his ability to undertake the research and writing necessary to produce a thesis of the required standard. What evidence is necessary to satisfy the faculty depends on the particular case. For example, approval might well be given to an applicant who did not obtain a first class honours degree in his LL.B. course but 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

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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.

MASTER OF LAWS BY EXAMINATION

Candidature A candidate must be either-

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(i) a bachelor of Laws with honours, or (ii) a person who holds some other university degree and satisfies the

faculty of Law of his ability to pursue advanced studies and who 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 Examination

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.

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 attaining that average mark over their whole course;

(iii) third priority to applicants who have not previously been enrolled in the course.

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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 af 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 examination should apply to the se:retary, 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 Friday, 30th January, 1976.

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 March to July, 1976, on dates to be notified. Others will be conducted in the second half year period July to October, 1976, 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.

730-632 ADVANCED INCOME TAX LAW B Dr I. C. F. Spry, Mr A. J. Myers.

Twelve 2-hours' seminars.

PRE-REQUISITES It is expected that those taking the subject will not only have studied the law of income tax at an Australian university but will be reasonably

66

conversant with the principles of income taxation.

SYLLABUS

The course will comprise an analysis of various problems relating to liability to tax which arise in regard to the operation, formation and winding up of companies in Australia and in regard to transactions involving foreign elements, such as the setting up by foreign companies of branches in Australia, the setting up by Australian enterprises of subsidiaries in foreign countries, and the entry into various international transactions. An examination of a number of international tax agreements will be entered into.

BOOKS

Preliminary reading:

Ryan K W Manual of the law of Income Tax in Australia 3rd ed Law Book

Reference material:

Australian Federal Tax Reporter CCH Aust Other material will be specified during the course.

ASSESSMENT

It is contemplated that assessment will be largely based upon the papers delivered in class and later submitted as research papers and that a form of final assessment, such as an examination, may be decided upon.

730-627 CREDIT LAW

Mr. Simon Begg

Twelve 2-hours' sessions.

PRE-REQUISITES

Twelve 2-hour seminars.

PREREQUISITES

Students will be expected to have a sound knowledge of the principles of commercial law.

SYLLABUS

A study of major problem areas in the legal regulation of credit and security. Particular attention will be focused on the following: Business Credit

(i) General principles: The importance of credit and security in the business world. Legal restrictions on the powers of companies to lend and borrow money and to give security. The principal security interests in corporate borrowing. Perfecting and enforcing security interests in land, goods and intangibles. Priority Problems. Bank accommodation and the backing of further advances. The impact of insolvency on security interests.

(ii) Acquiring equipment on credit: The relative advantage of sale, lease and loan in the light of title, accountancy, taxation and stamp duty implications.

(iii) Stock in trade financing: Legal problems of security for floor-plan

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accommodation. Fixed and floating charges over stock in trade. Bailment plans.

(iv) Receivables financing: Factoring and other forms of receivables financing. Conflicts between the purchaser or mortgagee of re-ceivables and other purchasers or mortgagees, including the holders of a floating charge.

Consumer Credit The need for regulation. Sale credit and loan credit, and problems of characterization. The unification of consumer credit law. The criteria for protection. Truth in Lending: The problem of rate dis-closure. The control of borrowing cost. The debtor's right to cancel Liability of the creditor for defective performance by the sup-plier. Rebates for early settlement. Restrictions on creditors' rights and remedies. The licensing of credit grantors and intermediaries, and other enforcement machinery.

Conflict of Laws Inter-State credit transactions and the conflict of laws. The choice of law to govern disputes between the parties. The applicable law in conflicts between the creditor and third parties.

BOOKS

Preliminary reading:

A L Diamond ed Instalment Credit Stevens 1970 Else-Mitchell and Parsons Hire-Purchase Law 4th ed Law Book 1968 with

supplement Fisher and Lightwood Law of Mortgages 8th ed Butterworth 1969 with

supplement R M Goode Hire-Purchase Law and Practice 2nd ed Butterworth 1970 C Pannam Law of Money Lenders in Australia and New Zealand Law

Book 1965 E I Sykes The Law of Securities, 2nd ed Law Book 1973 R M Goode Introduction to the Consumer Credit Act 1974 Butterworth

1974 J R Peden Stock in Trade Financing Sydney Butterworth 1974 Banking Act 1959 Commonwealth Financial Corporations Act 1974 Commonwealth Prices Justification Act 1973 Commonwealth Money Lenders Act 1958 Victoria Hire-Purchase Act 1959 Victoria Consumer Credit Act 1972 South Australia Consumer Transactions Act 1972 South Australia Trade Practices Act 1974 Commonwealth Report of the Committee on Consumer Credit (Crowther Report—UK

1971) Report on Fair Consumer Credit Laws (Molomby Report—Victoria 1972) Report to the Standing Committee of State and Commonwealth Attorneys-

General on the Law relating to Consumer Credit and Money-lending (Rogerson Report—South Australia 1969)

R E McGarvie and S W Begg The Implementation of Fair Consumer Credit Laws 1971 45 AU 708

M J Trebilcock Reform of the Law relating to Consumer Credit 1970 Melbourne University Law Review p 315

Symposium on Consumer Credit 1971 4 Adelaide Law Review

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D E Allan Stock-in-Trade Financing 1967 2 University of Tasmania Law Review p 382

Other material will be specified in the course.

ASSESSMENT

A research paper of approximately 6,000 words on an appropriate topic, which will have a value of 60% for final assessment, and an examination at the end of the first half-year which will have a value of 40% for final assessment.

730-636 CRIMINAL LAW AND CODIFICATION Mr. I. D. Elliott

Twelve 2-hours' seminars

PREREQUISITES

It is expected that students will have studied Criminal Law at an under-graduate level.

SYLLABUS

The course will begin with an examination of recent reforms of the law of offences against property and allied offences in England, Australia and the United States. The examination will be comparative in nature with emphasis on the general problems and techniques of criminal law reform and codification. After this introductory segment of the course, selected areas of criminal law which are the subject of current proposals for reform will be considered. For example: corporate liability; the law of attempt, conspiracy and solicitation; liability of accomplices; the law relating to sexual offences; the law relating to violence or force in law enforcement; etc. It is intended that the selection of topics for detailed examination will be subject to class discussion.

BOOKS

Preliminary reading: One or more of the following series of articles by Seney H W: The Sybil at Cumate—Our Criminal Law's Moral Obsolescence 1971 17

Wayne's Law Review 777 A Pond as Deep as Hell—Harm Danger and Dangerousness in Our Crimi-

nal Law Part 11971 17 Wayne Law Review 1095 Part II 1972 18 Wayne Law Review 569

When Empty Terrors Overawe—Our Criminal Law Defences Part 11973 19 Wayne Law Review 947 Part II 1973 19 Wayne Law Review 1359 Part III 1974 20 Wayne Law Review 41 Part IV 1974 20 Wayne Law Review 1269

For those not familiar with the Crimes (Theft) Act 1974 a preliminary reading of either of the following texts is advisable: Smith The Law of Theft 2nd ed 1972 Griew The Theft Act 1968 2nd ed 1972 This material will be placed on reserve at the Law Library. Mimeographed material and further references will be issued.

ASSESSMENT

Candidates will be required to submit two 5,000 word research papers OR one 10,000 word research paper on approved topics. The choice of areas

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for research will not be limited to those which have been the subject of specific treatment in class discussion.

730-622 FEDERAL LAW AND GOVERNMENT

Mr. G. J. Evans.

Twelve 2-hours' seminars.

PRE-REQUISITES

It is expected that candidates will have studied Australian federal con-stitutional law at an undergraduate level, and be reasonably conversant, as a result of undergraduate studies or otherwise, with the general operation of the Australian political system.

SYLLABUS

Primarily a series of case studies on currently or recently controversial federal legislation, with emphasis on the political and administrative processes involved in its enactment and the constraints on policy-execution imposed by the Australian Constitution. Attention will be paid, where appropriate, to comparative materials, particularly from the United States and Canada. A number of senior politicians, officials, advisers and other outside experts will be invited to participate in the seminar dis-cussions.

BOOKS

Preliminary reading:

Sawer G Modern Federalism Watts 1969 Sawer G Australian Federalism in the Courts MUP 1967 Crisp L F Australian National Government 2nd ed Longmans 1960

General references:

Howard C Australian Federal Constitutional Law 2nd ed Law Book 1972 Lane P H The Australian Federal System with United States Analogues

Law Book 1972 Matthews R L and Jay W R C Federal Finance Nelson 1972 Sawer G Australian Federal Politics and Law 1901-29 MUP 1956 Sawer G Australian Federal Politics and Law 1929-49 MUP 1963 Sawer G Australian Constitutional Cases 3rd ed & 1970 supp Law

Book

ASSESSMENT

Two 5,000 word research papers on approved topics, or one 10,000 word research paper.

730-637 LAW OF INTERNATIONAL POLITICAL ORGANIZATIONS

Mr. G. J. Terry

Twelve 2-hours' seminars

PREREQUISITES

It would be preferable if candidates had undertaken undergraduate courses in International Law, International Organization or International Relations.

70

SYLLABUS

The course examines aspects of the legal and institutional framework established by States for international and transnational problem solving, decision making, consultation and other activity in political matters. Topics to be covered will be drawn from the following outline: 1. An introduction of the nature of the International System and the role

of International Law and International Organization 2. Theories of International Organization—Functional; Security; Federal;

Diplomatic; Legal. 3. United Nations Law—Origins; Structure; Operational Principles. 4. Asian Regional Political Organizations—ASEAN; SEATO; ANZUS;

ESCAP. 5. International Dispute Settlement—ICJ; Decolonization and peaceful

change; Arbitration; Negotiation. 6. The Future of Internatinal Organization—Evolving concepts of inter-

national personality; Organization v. sovereignty; Regulation of the seas; International economic order.

BOOKS

Preliminary reading: Conor Cruise O'Brien The United Nations—Sacred Drama Simon &

Schuster 1968 A Boyd United Nations: Piety Myth and Truth Penguin 1962 Reference material: R Falk and W Handrieder International Law and Organisation Lippincott

1968 R Aran Peace and War Praeger 1966 K Waltz Man the State and War Colombia UP 1965 D W Bowett The Law of International Institutions 2nd ed Stevens 1970 E B Haas Beyond the Nation State Stanford UP 1964 S Hoffman Gulliver's Troubles McGraw-Hill 1968 J Stoessinger The United Nations and the Superpowers Random House

1966 I Claude Swords into Plowshares 3rd ed Random House 1964 C G Teng Synopsis of United Nations Cases Carnegie 1968 L B Sohn Cases on United Nations Law Foundation end ed 1967 L B Sohn Basic Documents of the United Nations Foundation 1967 D Mitrany A Working Peace System Quadrange 1966 R Higgins The Development of International Law Through the Political

Organs of the United Nations OUP 1963 M Kaplan and N Katzenbach The Political Foundations of International

Law Wiley 1961 M McDougal and F Feliciano Law and Minimum World Public Order

Yale 1962

ASSESSMENT

One 10,000-word research paper.

730-638 INTERNATIONAL TRADE AND INVESTMENT B

Professor D. Allan (Monash), Miss M. E. Hiscock (Melbourne)

Twelve 2-hours' seminars

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SYLLABUS

The course will be concerned with the general principles and some of the problems involved in establishing an Australian manufacturing enter-prise in an overseas country. The course will focus on investment in Indonesia but comparison will be made with other countries in South-East Asia.

BOOKS

Preliminary reading: Gautama S and Hormick R N An Introduction to Indonesian Law: Unity

in Diversity rev ed Alumni 1974 Gautama S Allan D E Hiscock M E and Roebuck D Credit and Security

in Indonesia QUP 1973 Mimeographed material will be distributed.

ASSESSMENT

Candidates will be required to submit either two 5,000-word papers OR one 10,000-word paper on an approved topic.

730-639 NATURAL RESOURCES LAW

Professor S. D. Clark, Dr. B. M. L. Crommelin

Twelve 2-hours' seminars

PREREQUISITES

There are no prerequisites for this course.

SYLLABUS

The course will examine a number of legal issues arising from government planning of natural resource development and utilization. Different re-sources may be chosen for this purpose. In 1976 it is anticipated that the course will concentrate upon mineral and energy resources. There will be an examination of federal and state laws and institutions in this field, with particular attention given to (a) the nature, extent and enforceability of private rights acquired pursuant to resource legislation; (b) taxation of resource development projects; (c) the legal basis of institutional regula-tion of resource development; (d) the operation of federal and state environmental control legislation; and (e) comparison of different legal systems of resource management.

BOOKS

Preliminary reading: The Law of Mining in Australia published by the Committee for Post-

Graduate Studies in the Department of Law Univeristy of Sydeny 1969 Report from the Senate Select Committee on Off-Shore Petroleum Re-

sources Commonwealth Government Printing Office 1971 Reference material: Lang A Manual of the Law of Mining and Exploration in Australia Butter-

worth 1971 Hodgson D H and Hamilton S P Mining Laws of Australia Butterworth

looseleaf Ballem J B The Oil and Gas Lease in Canada Toronto UP 1972

72

Lewis D E and Thompson A R Canadian Oil and Gas Butterworth loose- leaf

Pearse P ed The Mackenzie Pipeline: Arctic Gas and Canadian Energy Policy McClelland & Stewart 1974

Gaffney M ed Extractive Resources and Taxation Wisconsin UP 1967 Anderson F R NEPA in the Courts Johns Hopkins 1973 Dales J H Pollution Property and Prices Toronto UP 1968 Fitzgerald T M The Contribution of the Mineral Industry to Australian

Welfare Aust Govt Publg 1974 Petroleum (Submerged Lands) Act 1967 Commonwealth as amended The Petroleum Acts 1923 Queensland as amended Petroleum Act 1940 South Australia as amended Petroleum Act 1936 Western Australia as amended The Mining Act 1968 Queensland as amended Mining Act 1904 Western Australia as amended Environment Protection Impact of Proposals Act 1974 Commonwealth Environment Protection Act 1970 Victoria as amended The Income Tax Assessment Act Commonwealth as amended Mimeographed material will be distributed.

ASSESSMENT

Examination, but an option may be given for a part or the whole of the examination requirement to be waived on presentation of a satisfactory research paper or papers.

730-640 RESTRICTIVE TRADE PRACTICES Mr. F. H. Callaway

Twelve 2-hours' seminars

PREREQUISITES

There are no formal prerequisites for this course but it is essential to have a firm grasp of the principles of statutory interpretation and desirable to have studied or practised in the field.

SYLLABUS

The following topics will be discussed in the following order. References to sections are references to the Trade Practices Act 1974.

1. Introduction to the Trade Practices Act 2. Section 47: Exclusive Dealing 3. Section 49: Price Discrimination 4. Section 49: Price Discrimination (continued) 5. Section 50: Mergers and Acquisitions 6. Section 48: Resale Price Maintenance 7. Section 45: Arrangements in Restraint of Trade 8. Section 46: Unilateral Restraint of Trade 9. Section 51: Exceptions

10. Authorizations and Clearances. 11. Enforcement and Remedies 12. (Reserved)

BOOKS

Preliminary reading: Neale A D The Anti-Trust Laws of the USA 2nd ed CUP 1970'

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Taperell G Q Vermeesch R B and Harland D J Trade Practices and Consumer Protection Butterworth 1974

Reference material: Areeda P Antitrust Analysis 2nd ed 1974 Little Brown Kintner E W An Anti-Trust Primer Macmillan 1973 Kintner E W A Robinson-Patman Primer Macmillan 1970 Rowe F Price Discrimination under the Robinson-Patman Act Little

Brown 1962 and supplement 1964 or later Schwartz L B Free Enterprise and Economic Organization 4th ed Founda-

tion 1972 Van Cise J G Understanding the Anti-Trust Laws 1973 or later ed Prac-

tising Law Institute Mimeographed material will also be distributed.

ASSESSMENT

Examination.

730-641 SECURITIES REGULATION

Professor H. A. J. Ford (Melbourne), Professor R. Baxt (Monash)

Twelves 2-hours' seminars

PREREQUISITES

Candidates will be expected to have studied Company Law as part of a Law course.

SYLLABUS

A study of legislation and associated case-law relating to trading in company securities and the activities of sharebrokers and stock ex-changes.

BOOKS The Rae Report Australian Securities Markets and their Regulation

Aust Govt Publ 1974 Baxt R The Rae Report (Quo vadis) Butterworth 1974 Rose P J B Australian Securities Markets Cheshire for Inst of Appl

Econ Res U of M 1969 Loss L Securities Regulation 2nd ed Little Brown 1961 Bruns G R The Stock Exchange 6th ed Brighton Victoria 1970 Regulations of the Melbourne Stock Exchange CCH Securities Law Reporter USA Commerce Clearing House Cridlan R J and Cooper G Law and Procedure of the Stock Exchange

Butterworth 1971 Loss L and Cowett E M Blue Sky Law Little Brown 1958 Williamson J P Securities Regulation in Canada Toronto UP 1960 Companies Act 1961 Victoria as amended Securities Industry Act 1970 Vic Corporations and Securities Industry Bill 1974 Commonwealth Aranow E R and Einhorn H A Proxy Contests for Corporate Control

Columbia UP 1957 Further references will be given during sessions.

ASSESSMENT One 10,000-word research paper.

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730-623 THE LAW OF DAMAGES Mr. H. Luntz.

Twelve 2-hour seminars.

SYLLABUS

The course will concentrate initially on a critical study of the assessment of damages for personal injury and death. Later on students will be invited to prepare papers on other areas of the law of damages. Topics to be covered in the initial part of the course include:— (a) the aim and objects of awarding damages for personal injury and

death; (b) the distinction between pecuniary and non-pecuniary loss and the

overlap between them; (c) the setting of standards for non-pecuniary damages; (d) the once-and-for-all rule and its alternatives; (e) exemplary and aggravated damages; (f) the recovery of medical, hospital and similar expenses;

(g) loss of earning capacity; (h) the reduction of future loss to its present value, including the prob-

lem of inflation; (i) the collateral source rule, including the problem of alternative

remedies under workers' compensation legislation and the common law;

(j) damages under the legislation providing for the survival of causes of action and under Lord Campbell's Act;

(k) damages for loss of services and the general question of losses to third parties.

BOOKS Reference material Street H Principles of the Law of Damages Sweet & Maxwell 1962 McGregor H On Damages 13th ed Sweet & Maxwell 1972 Kemp D A M and Kemp M S The Quantum of Damages vol I 3rd ed

1967, vol II 2nd ed 1962 Sweet & Maxwell Luntz H The Assessment of Damages for Personal Injury and Death

Butterworth 1974 Ogus A I Damages Butterworth 1973

ASSESSMENT

Examination, but an option may be given for a part or the whole of the examination requirements to be waived on presentation of a satisfactory research paper or papers.

FRANK PINKERTON SCHOLARSHIP

Candidates must be graduates In law of this University or barristers and solicitors of the Supreme Court of Victoria, in either case of not more than ten years' standing. Where the candidate possesses both qualifi-cations, time will run from the qualification first secured. Each candidate must submit a subject pertaining to the law of Real and Personal Property, on which he proposes to undertake research. The nature of the subject will be considered, as well as the ability of the candidate, in making the award.

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The emoluments of the scholarship will be the net income of the endow-ment during the preceding year. The award will be made in the first Instance for one year, but may be renewed for two further years. The candidate will work under a supervisor nominated by the faculty and the scholarship may be terminated at any time if the scholar does not discharge his duties to the satisfaction of the supervisor. Applications should be addressed to the Registrar.

DOCTOR OF PHILOSOPHY

This is a degree for full-time research workers. A candidate must be a graduate of this or some other university recognized for the purpose, must be of such standing as may be required by the Professorial Board for graduates in his faculty, and must be accepted as such by the Pro-fessorial Board on the recommendation of the head of the department concerned. He must pursue for at least two years a course of advanced study and research under a supervisor appointed by the Board, and on its completion must present a satisfactory thesis embodying the results of his research. The only part-time candidates who are accepted by the Professorial Board are permanent members of staff. It should be noted that candidature for the degree of Doctor of Philosophy requires not only that the applicant be a Bachelor of Laws with honours (or, in special cases, its equivalent) but also as a minimum, approved research experience for a full year or part-time approved research experi-ence which, in the opinion of the Professorial Board, is equivalent to that gained in one full year. Time spent in a programme for LL.M. by examination or coursework will not be counted for the purposes of candidature for Ph.D.

Regulation 3.60—Degree of Doctor of Philosophy 1. A candidate for the degree of doctor of Philosophy must:

(a) either be a graduate of or be qualified to graduate either in this university or if he is not such a graduate or so qualified of some other university or institution recognized for the purpose of this regulation by the Professorial Board and be of such standings as may be required by the Professorial Board for graduates in his faculty;

(b) if he does not satisfy the requirements of paragraph (a) hereof pro-duce evidence satisfactory to the appropriate faculty or board of studies and the Professorial Board that he has adequate training ,1 research experience and ability to pursue the proposed course;

(c) if he not a graduate of the University, matriculate in the Univer-sity before enrolling as a candidate;

(d) submit a proposed course of advanced study and research to be undertaken by him in a department of the University;

(e) be accepted by the Professorial Board on the recommendation of the head of the appropriate department.

2. 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) and under such supervision as may be prescribed for him by the Board save that-

1 Law-LLB with honours (or. In special cases its equivalent) plus one year of approved research experience.

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(a) in special circumstances the board may grant permission for the candidate to spend not more than one year of his course in research at another institution provided that his work can be supervised in a manner satisfactory to the Board, or

(b) when the head of the appropriate department recommends that it is essential for the candidate to obtain material for his course away from the University, the Board may grant permission for the candi-date to absent himself from the University for such period as may be determined in each case, provided that supervision satisfactory to the Board can be maintained.

3. (1) The candidate shall be required during the course to devote his whole time to his advanced study and research, save that— (a) the Board may allow a candidate on application to undertake a

limited amount of University teaching or outside work which in its judgement will not interfere with the continuous pursuit of the pro-posed course of advanced study and research; and

(b) a member of the University staff may be accepted as a part-time candidate for the degree, whereupon the Board shall prescribe a minimum period for the duration of his course.

(2) In special circumstances the board may accept as a part-time candi-date for the degree a person engaged in another regular occupation which in its opinion leaves the candidate substantially free to pursue his course in a department of the University. The Board shall prescribe for the dura-tion of his course of advanced study and research a minimum period which in its opinion, having regard to the proportion of his time which he is able to devote to the course in the appropriate University department, is equivalent to the two years ordinarily required.

4. A candidate may be required during his course to attend lectures and practical work in subjects prescribed by the Board. 5. 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-tions of his candidature as it thinks fit. 6. On completing the course of advanced study and research a candi-date must present a satisfactory thesis embodying the results of his research. The thesis shall be examined In manner provided In regulation 4.6 for the examination of theses for higher degrees. The candidate must also satisfy the examiners in such written, oral or practical examinations as may be required by the Board on the recommendation of the examiners.

6A. (1) There shall be a panel of two examiners of whom at least one shall be external.

(2) The head of the appropriate department, if he be not an exam-iner, shall act as chairman of the panel?

(3) If the head of the appropriate department be an examiner, the Council after consultation with the Professorial Board shall appoint a professor or other member of the whole-time teach-ing staff of the University to act as chairman of the panel.

(4) The chairman of the panel shall not have a vote. (5) Any examiner appointed pursuant to sub-section (2) of section

5 of regulation 4.6 shall be an external examiner. (6) The supervisor of the candidate shall not be appointed as an

examiner.

2 The chairman of examiners shall facilitate consultation among examiners and shall prepare a comprehensive report on the result of the examination.

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7. Three copies of the thesis and a summary of 300-500 words3 must be submitted. The thesis must be of standard format4 approved by the Board.

8. A candidate in submitting his thesis shall state generally in a preface and specifically in notes the sources from which his information is de-rived, the extent to which he has availed himself of the work of others, and in general terms the portions of his work which he claims as original. When a candidate submits work carried out in collaboration with another person, he shall indicate his own share in the work.

9. A candidate may not present as his thesis any work for which a degree has been conferred on him in this or another university, but he will not be precluded from incorporating such work or any part thereof in his thesis: Provided that in his application for acceptance he has stated his inten-tion of doing so and in presenting the thesis indicates the part of the work which has been so incorporated.

10. Candidates who have fulfilled the prescribed conditions may be admitted to the degree of doctor of Philosophy.

DOCTOR OF LAWS

Regulation 3.16—Degree of Doctor of Laws

1. A candidate for the degree of doctor of Laws shall be either— (a) a master of Laws; or (b) a bachelor of Laws with honours; or (c) a bachelor of Laws; or (d) any other graduate who satisfies the faculty of Law that he has

received an adequate training for legal scholarship; in every case of not less than four years' standing since qualifying for his first degree.

2. Every candidate must submit for examination original works the sub-ject, scope and character of which have been approved by the faculty as appropriate for submission for this degree. The examiners shall not certify that the candidate has passed the examination unless they are satisfied that the work submitted forms a substantial contribution to legal learning. 3. A candidate shall not submit for examination work in respect of which a degree has been awarded in any university, or, without the per-mission of the faculty, work which has previously been presented for any such degree.

4. Where the work submitted incorporates work previously submitted for a degree in any university, the candidate must clearly indicate which portion of the work is so submitted.6

5. If any of the work submitted was prepared in collaboration with another person, the candidate must state clearly and fully the nature and extent of that collaboration.

6. A candidate who has fulfilled the requirements of this regulation and who has been passed by the examiners may be admitted to the degree of doctor of Laws.

8 This summary will be reduced to 80 words by amending legislation. 4 See regulation 4.6. footnote 2. 5 Three copies must be submitted (see regulation 4.6) 6 See regulation 4.6. footnote 1.

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Candidates Who Have Graduated From Other Universities

Where the applicant's degree was taken at another university, equivalent status is granted by the University of Melbourne on production of original degree certificates, or certified copies, accompanied by certification by the faculty of Law that the degree in question is of comparable quality with a Melbourne degree. Application for such credit must be made at the time of application for enrolment.

ENQUIRIES RELATING TO MASTER'S AND DOCTOR'S DEGREES

Enquiries relating to LL.M. and LL.D. should be addressed to the Secre-tary, Graduate Studies Committee, Faculty of Law, University of Mel

bourne, Parkville, Victoria 3052. nquiries about Ph.D. should be addressed to the Secretary for Graduate

Studies, University of Melbourne, Parkville, Victoria 3052.

FEES FOR LL.M. AND PH.D. CANDIDATES

There are no tuition fees. Candidates must, however, pay the General Service Fee. See reference to Fees in Enrolment section of Part B.

FINANCE

Commonwealth Post-Graduate Awards

The Commonwealth of Australia provides a number of awards for students pursuing a full-time course for a Master's degree by thesis or for Ph.D. The Commonwealth of Australia has made available a number of awards for students pursuing a full-time course for a Master's degree by course-work.

University of Melbourne Post-Graduate Scholarships

A limited number of these scholarships are available for full-time candi-dates for a Master's degree or Ph.D.

Enquiries about the three awards set out above should be addressed to the Secretary for Graduate Studies, University of Melbourne, Parkville, Victoria 3052.

Frank Pinkerton Scholarship

Candidates must be graduates in law of this University or barristers and solicitors of the Supreme Court of Victoria, In either case of not more than ten years' standing. Where the candidate possesses both qualifi-cations, time will run from the qualification first secured. Each candidate must submit a subject pertaining to the law of Real and Personal Property, on which he proposes to undertake research. The nature of the subject will be considered, as well as the ability of the candidate, in making the award. The emoluments of the scholarship will be the net income of the endow-ment during the preceding year. The award will be made in the first instance for one year, but may be renewed for two further years. The candidate will work under a supervisor nominated by the faculty and the scholarship may be terminated at any time if the scholar does not discharge his duties to the satisfaction of the supervisor.

Edward Walter Outhwaite Scholarship

Awarded to a person who intends to pursue or is pursuing the course

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for LL.M. The annual value is the net annual income of the fund. The ordinary tenure is one year. There may be an extension for an addi-tional year. Applications for the Frank Pinkerton Scholarship and the Edward Walter Outhwaite Scholarship should be addressed to the Registrar, University of Melbourne, Parkville, Victoria 3052.

British Commonwealth Scholarship and Fellowship Plan

Overseas students from countries which participate in the British Com-monwealth Scholarship and Fellowship Plan who desire to study for a higher degree in Law at the University of Melbourne under the auspices of that plan should apply for a scholarship through their home university. If successful in obtaining a scholarship they can rely on the scholarship authorities to make the first approach to the University of Melboutne.

Other Graduate Awards

Full details of other awards for graduates are available from the Secre-tary for Graduate Studies.

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Library Digitised Collections

Author/s:

University of Melbourne. Faculty of Law

Title:

Faculty of Law Handbook, 1976

Date:

1976

Persistent Link:

http://hdl.handle.net/11343/25052

File Description:

Faculty of Law Handbook, 1976