JD Course Rules
* Disclaimer: The University reserves the right to make changes to the Course Rules as appropriate.
1. CANDIDATURE
2. SELECTION
3. DEFERRAL
4. COURSE OF STUDIES
5. DURATION OF CANDIDATURE
6. ATTENDANCE
7. ASSESSMENT AND RESULTS
7.1 Forms of Assessment
7.2 Marking Policy: Word Limits on Assessment
7.3 Assessment Schedule and Submission of Assessment
7.4 Extensions
7.5 Timely Submission
7.6 Grading System
7.7 Definition of a Pass in a Subject
7.8 Feedback on Assessment Performance
7.9 Special Consideration
7.10 Additional Assessment
7.11 Supplementary Assessment
9. ACADEMIC HONESTY AND PLAGIARISM
10. LEAVE OF ABSENCE
11. WITHDRAWAL/DISCONTINUATION FROM CANDIDATURE
12. TUITION FEES
12.1 Tuition Fees for all Students
12.2 Semester Census Dates
12.3 Liability for Tuition Fees
12.4 Non-Payment of Tuition Fees
12.5 Failed Subject(s)
13. STUDENTS WITH MENTAL HEALTH OF DISABILITY ISSUES
14. UNIVERSITY’S GRIEVANCE PROCEDURES
1. CANDIDATURE
1.1 The Melbourne JD is open to graduates with a degree in a discipline other than law; and to graduates with a law degree that does not qualify them for admission to practice in Australia and who are seeking a high quality common law qualification.
The Selection Committee will evaluate the applicant's ability to successfully pursue the course using the following criteria:
- Academic results of all tertiary study previously undertaken
- Results in the Law Schools Admission Test (LSAT), including the essay component
- Personal statement by the applicant relating to personal circumstances, work and life experience.
No single one of these criteria is determinative. Additional circumstances become relevant for applicants who fall within the Graduate Access Melbourne scheme.
The Selection Committee may conduct interviews or tests or call for referee reports or employer references in order to evaluate an application.
Guaranteed Pathways into the Juris Doctor for school leavers
Students with a sufficiently high school ENTER score may be offered a guaranteed pathway into the Juris Doctor subject to successful completion of a University of Melbourne undergraduate degree with an average grade of at least H2A (75%).
- For a full fee place, the required ENTER is 99.0.
- For a Commonwealth-Supported Place, the required ENTER is 99.9.
1.2 All applicants must meet the English language requirements of the University to be eligible to be offered a place.
Applicants who have not obtained a university degree from an institution in which English is the language of instruction and assessment must have obtained a score of 610 or more in the American TOEFL, including an Essay rating score of 5.0 in the TWE; or a score of 253 in the computer-based TOEFL; or an overall band score of 7.0 or more in the IELTS, with a minimum band score of 7.0 in the Academic Writing Module.
IELTS (Academic English Only) | American TOEFL (paper based test) | American TOEFL (computer based test) | American TOEFL (internet based test) |
7.0 (written 7.0) | 610 + TWE 5.0 | 253 + 5.0 essay rating | 102 + written score of 24 |
Required scores must be achieved at the one sitting of the test.
2. SELECTION
Selection for the JD is undertaken by a Selection Committee comprising:
- The Melbourne Law School Dean (ex officio)
- The Melbourne Law School Deputy Dean (ex-officio)
- JD Course Directors
- Other senior academic member of staff (as required)
The Selection Committee will evaluate all applications received by the Law School for admission to the JD on the basis of the three published selection criteria. The JD Selection Committee will evaluate Graduate Access Melbourne applicants on the basis of the selection criteria, in the light of published access and equity principles.
3. DEFERRAL
Deferral of Places by Australian Government Subsidised Students
Deferral of a Commonwealth Supported Place (CSP) will not be granted.
Applicants may be made an alternate offer of a fee paying place. If the applicant accepts the alternate offer they will be reconsidered for a CSP in the subsequent year.
Deferral of Places by Fee-Paying Students
Deferral of a fee paying place will not normally be considered unless extenuating circumstances can be demonstrated. Applications to defer must be made in writing to the JD Selection Committee.
Where, in extenuating circumstances, deferral of a place is approved, the place will be reserved for the following year of study only. Applicants must confirm their acceptance of the approved deferral in writing.
Applicants who can not take up the deferred place in the following year may submit a new application in subsequent years. Being offered a place in the JD in one selection year does not guarantee an offer of a place in a subsequent year.
4. COURSE OF STUDIES
4.1 Students must pursue a course of studies, comprising 17 prescribed compulsory subjects, plus seven elective subjects from a range of optional subjects which will be offered by the Law School each year. The course is available only on a full-time basis, on which its central features of cumulative and integrated learning and a cohort-based experience depend.
The course structure for students commencing from 2008 is as follows:
24 subjects (17 compulsory subjects and 7 optional subjects) each worth 12.5 points (a total of 300 points) over three years of full-time study. With the approval of the School, students may accelerate their studies (subject to the application of rules regarding prerequisites, the management of fails and progress issues) by undertaking specified subjects in one or more of the summer and winter intensive teaching periods.
Subject prerequisites are published on the subject pages of the JD website.
Subject quotas may apply to optional subjects offered.
The Melbourne JD: Standard Course Structure:
Time of year | Year 1 | Year 2 | Year 3 |
February (Intensive) | Legal Method & Reasoning (Foundation Subject) | ||
Semester 1 | Principles of Public Law | Administrative Law | Evidence and Proof |
Torts | Trusts | Legal Ethics | |
Obligations | Criminal Law | Optional Subject | |
Dispute Resolution | Optional Subject | Optional Subject | |
Semester 2 | Constitutional Law | Corporations Law | Legal Research |
Contracts | Remedies | Optional Subject | |
Property | Optional Subject | Optional Subject | |
Legal Theory | Optional Subject |
4.2 There is limited scope for credit exemptions in the JD.
The following sets out the circumstances in which the School may credit subjects passed in another institution towards the JD, in the exercise of its powers under Statute 11 of the University.
- No credit will be awarded towards the compulsory subjects of the JD, which are designed to be taken as an integrated whole.
- The School may, in the exercise of its discretion, grant credit for a maximum of 7 subjects (87.5 points) towards the optional component of the JD, if:
- Such subjects were completed at a graduate level in a degree leading to admission to legal practice or its equivalent
- Such subjects were completed within the five years prior to admission to the JD
- Such subjects are, in the opinion of the School, of an equal standard to optional subjects offered in the JD.
- Subjects completed as part of a degree that has been conferred will not normally be credited to the JD. The School may waive this restriction for applicants who have completed a law degree overseas and are intending to complete the JD for admission to legal practice in Australia.
Candidates are advised to make any application for credit at the time of application for the JD.
4.3 To qualify for the award of the degree, a candidate is required to pass all of the 17 compulsory subjects and seven elective subjects.
4.4 Students may participate in student exchange/study abroad programs subject to the approval of the Melbourne Law School. For countries offering a first degree in law at the graduate level, JD students will be required to have completed at least 3 semesters of study prior to being eligible to apply for student exchange/study abroad programs. Ideally, students would go on student exchange/study abroad in their penultimate semester of study.
In countries offering a 4 to 5 year undergraduate law program JD students would be restricted to undertaking fourth and fifth year level law subjects at the host institution. Enrolment in law subjects offered at the masters level would also be possible.
5. DURATION OF CANDIDATURE
5.1 Students are normally required to complete the prescribed course of studies within 3 consecutive years.
5.2 Students who take an approved period of leave of absence (see Item 10) or are required to suspend their course of study due to unsatisfactory progress (see Item 8) will have the duration of their candidature extended for the relevant time.
6. ATTENDANCE
6.1 The Law School requires students to prepare for and attend all lectures and to sit for examinations and class tests on the dates prescribed. Some additional activities, of which the guest lecture series is an example, may also be compulsory.
6.2 Class attendance record sheets will be maintained by subject lecturers and provided to the JD Course Directors for review.
6.3 Students must normally attend a minimum of 75% of lectures in order to be eligible to undertake assessment tasks.
7. ASSESSMENT AND RESULTS
Students are informed at the commencement of each semester of the components of assessment in each subject, the approximate length of each component, and the due dates for submission.
Forms of assessment vary throughout the course depending upon the particular subject and may also vary between individual offerings of the subject. Generally assessment components include research assignments, formal and take-home examinations, and practical, reflective and applied forms of legal writing.
Research assignments must follow the Australian Guide to Legal Citation. A copy will be provided to each student at the commencement of their studies.
7.2 Marking Policy: Word Limits on Assessment
Each subject in the JD has a marking policy on word limits which is determined by the subject coordinator, and indicated on the assessment schedule and the homepage for each subject on the Melbourne JD website. In the absence of any such indication, the default position is Code 2.
In calculating the number of words for the purposes of enforcing the word limit, footnotes, synopses or abstracts and bibliographies will not be counted unless otherwise specified by the lecturer.
Coding for marking policy for word limits on assessment is as follows:
Code 1: Any word limit will be enforced strictly and any excess will incur a marking penalty.
Code 2: Work judged grossly in excess of any word limit may incur a marking penalty or be returned for rewriting. If the examiner does not specify some other threshold, work will be judged grossly in excess of a word limit if its length exceeds that word limit by 10% or more.
Code 3: Any word limit will be regarded as recommended rather then compulsory and no student will be disadvantaged by exceeding the limit.
As a default position, any penalty incurred will be equal to 5% of the total available marks for the piece of work for each 10% or part thereof by which the number of words exceeds the applicable word limit. For example, for an assessment task with a limit of 2,500 words, a penalty of 5% of the total available marks will be imposed for every 250 words or part thereof by which the submission exceeds (a) 2500 words where Code 1 is applied or (b) 2,750 words where Code 2 is applied.
7.3 Assessment Schedule and Submission of Assessment
Assessment details are published on the relevant subject homepage.
An assessment schedule including assessment components and weightings, submission procedures, due dates and spread of assessment tasks across the teaching period of the semester will be made available to students within the first week of teaching in the semester.
An assessment period at the end of each semester of study provides a period for revision prior to examinations and completion of other forms of assessment.
All assessment must be submitted with a cover sheet to the Student Centre using Turnitin™. Turnitin™ is an online, web-based software that works by comparing electronically submitted papers to content located on the internet and proprietary databases as well as the work of other students whose papers have also been submitted into the system. This software is currently used by many universities in Australia and internationally. Students enrolled in the JD are required to comply with the process for submitting assessment, details of which will be available on the Current Students page of the JD website.
Information about Turnitin™ is available online.
Item 9 refers to information about academic honesty and plagiarism.
The assessment schedule is made available to students at the beginning of semester and topics for written work are provided to students well in advance of submission dates. Extensions for assessment tasks are generally not available.
Extensions for assessment tasks may be granted where there are grounds for special consideration (see Item 7.9 Special Consideration). Special consideration will not necessarily take the form of an extension. The Law School may grant special consideration in other forms.
Penalties for late submission (see item 7.5) will not apply to assessment with an approved extension unless it is submitted after the period of extension has lapsed.
Lecturers do not have the authority to approve requests for extensions under any circumstances.
Timely submission of all assessment is essential and expected as a core standard to be met by all JD students.
Assessment is considered to be late if it is submitted after the prescribed time and date for submission, or after any extension authorised for the purposes of special consideration has expired.
Students who do not submit an assessment task by the due date/time as prescribed on the assessment schedule or authorised as an extension will automatically be subject to a marking penalty.
In the case of a take-home examination, the marking penalty for late submission will be 10% of the total available marks per hour or part thereof.
In all other cases, the marking penalty will be 10% of the total available marks per day (including weekends and holidays) or part thereof for that particular piece of assessment.
The following system of grades is used for assessment:
| Marks Range | Grade |
| 80 – 100% | H1 |
| 75 – 79% | H2A |
| 70 – 74% | H2B |
| 65 – 69% | H3 |
| 50 – 64% | Pass |
| 0 – 49% | N (Fail) |
The following indicator may appear on a transcript if a student is currently enrolled and the transcript produced before the final grade is available:
| GNS | Grade Not Submitted |
Interim Results
Interim results may appear in the student portal before a final grade is available. They will not appear on a final transcript.
| WXT | Withheld Extension |
| S | Awarded a Special or Supplementary Examination |
| WAF | Withheld – Assessment to be Finalised |
| MIS | Grade Not Submitted |
7.7 Definition of a Pass in a Subject
Final results for JD subjects are generally made available to students via the Student Portal by the published date for results return for the relevant semester.
In order to pass a subject, a student must:
- complete all assessment components;
- obtain at least 50% of the available marks for each piece of assessment that is established as a hurdle requirement; and
- obtain a combined average mark of at least 50% for all assessment components (weighted in the proportions shown in the subject outline).
For subjects where a hurdle applies to a particular piece of assessment, if (2) is not met, a candidate is deemed to fail in the subject and the mark for the assessment to which the hurdle applied, excluding all other assessment components, is returned for the subject.
7.8 Feedback on Assessment Performance
Responsibility for grading assessment lies with the examiners, who usually comprise the subject co-ordinator and other teachers in the subject concerned. Students have a right to look at all assessed work and to discuss the reasons for their grade, initially with the marker and if necessary with the subject co-ordinator. The purpose of this is not to re-mark assessment, but to enable students to understand their grade and to learn from the assessment experience. Students may also have further discussions about their performance with the Course Directors.
Assessment will not be second marked, unless a student has failed overall on the first marking. In this instance, all pieces of the assessment will be second marked before a final result is returned.
University Statute 12.4.4 – 12.4.7 states that if a student has been affected by illness or other serious causes during the year or during an examination or is prevented from presenting for an examination or submitting required work, they have the right to apply for special consideration in their assessment (also see Item 7.4 Extensions).
An application for special consideration should be submitted to the Melbourne Law School Student Centre as soon as it becomes clear that the student’s assessment is likely to be affected. An application cannot be made more than 3 days after the due date for the component of assessment in question.
Students must also provide proof of the circumstances on which the application relies, and this will be assessed by the JD Special Consideration Committee. In considering an application for special consideration involving an extension, the School will balance fairness towards the student applicant and towards the other members of the cohort who have submitted on time.
Applications must be submitted online via the Student Information System (SIS). University guidelines for special consideration applications are available online.
Students should note the time limits that apply.
Please note that it is not possible to adjust marks as a result of special consideration. Details of possible actions arising from special consideration can be viewed via the Student Information System (SIS).
All enquiries regarding special consideration should be emailed to law-jdspecialconsid@unimelb.edu.au
A further component of assessment may be administered by the examiners to any student before the publication of results. Students must therefore ensure that they are contactable at short notice, at any time before the publication of results.
Students granted additional assessment will be notified of the type of assessment they will be required to undertake as determined by the examiner and may receive a maximum result of 50% only (Pass).
Supplementary assessment may be administered at the direction of the appropriate School to a student in any subject who has not passed or otherwise satisfied the examiners in that subject. The JD Course Directors will give consideration to awarding supplementary assessment under the following circumstances.
1. Special Consideration
The Course Directors may direct the subject co-ordinator or other examiner in a particular subject to administer a supplementary component of assessment to a student on the grounds of special consideration (see Item 7.9 Special Consideration). Supplementary assessment approved on this basis may be awarded any grade from the full range of grades outlined in Item 6.3 Grading System.2. Final Subject to Complete
The Course Directors may direct the subject co-ordinator in a particular subject to administer a supplementary component of assessment to a student who:
- has failed the subject in their final semester of study; and
- has obtained a mark of not less than 40% in the subject; and
- requires a pass in the subject concerned to qualify for admission to the Juris Doctor degree.
Supplementary assessment awarded on this basis may receive a maximum result of 50% only.
Students granted supplementary assessment will be notified of the type of assessment they will be required to undertake as determined by the course directors in consultation with the subject co-ordinator.
No further assessment or examinations are to be granted to students who fail to sit for, are ill during, or ill during the preparation for a supplementary examination.
8. ACADEMIC PROGRESS
Students are normally required to successfully complete the subjects in each semester before progressing to the next semester of study.
When a student fails a subject in a semester of study, the Course Directors will give consideration to both the nature of the fail, and the student’s academic record before determining whether the student should be permitted to continue with their studies, (repeating the failed subject at a point to be determined) or whether to refer the matter to the JD Progress Committee.
When a student fails more than 1 subject in a semester of study, the Course Directors will refer the matter directly to the JD Progress Committee.
When a student is required to appear before the JD Progress Committee, the Committee will give consideration to whether the student should be permitted to continue with their course of studies. In considering a student’s progress the Committee will take into account relevant health, personal, financial, or study issues. If permitted to continue with their studies, the JD Progress Committee will normally require a student to:
- suspend studies within their current cohort;
- wait until the failed subject(s) are offered again;
- undertake and pass the failed subject(s); then
- rejoin the next cohort that is at the same stage of studies.
Students should refer to University Statute 11.5 – University Progress for further details.
9. ACADEMIC HONESTY AND PLAGIARISM
Students found guilty of plagiarism or other forms of academic misconduct may have a mark of zero returned for the assessment component or the subject as a whole, or be suspended or excluded by the University depending upon the nature of the plagiarism or misconduct.
Students should also note the potential implications of a finding of plagiarism or academic misconduct for eventual admission to legal practice.
Full details in relation to the University Policy on Academic Honesty and Plagiarism, and relevant Statutes and Regulations can be located online.
10. LEAVE OF ABSENCE
10.1 Students must have successfully undertaken at least one semester of study before being eligible to apply for leave of absence.
10.2 Leave of Absence for JD students may be granted at the discretion of the Melbourne Law School.
10.3 Approval of leave may be restricted depending on the compulsory subjects a student would normally be required to do during the period for which they have sought leave.
10.4 In addition, there are restrictions imposed by the Australian Government in relation to permissible leave of absence for international students on a student visa with which the University must comply with. The University will notify the Department of Immigration (DIAC) if Leave of Absence is approved. It is the student’s responsibility to comply with the conditions on their student visa.
Further information can be obtained from International Student Services.
10.5 Students may apply for leave of absence from their course for a period not exceeding 2 standard semesters, which will not count towards the period of candidature.
10.6 Leave of absence is not automatically granted and students should make written application to this effect and discuss the matter with the Student Centre in the first instance.
10.7 Except in exceptional circumstances, students who wish to interrupt their course for more than 2 standard semesters will be required to withdraw from their studies and re-apply for admission to candidature when they are ready to resume their studies.
10.8 Applications for leave of absence should be made well in advance of the commencement of the relevant semester/s of study. For applications received:
- by the census date for the relevant semester no academic penalty will apply with subject(s) deleted from the academic record.
- after the census date for the relevant semester, subject(s) will appear on the academic record with a WD result (Late withdrawal).
- after the first piece of assessment for the subject is available or due, subject(s) will appear on the academic record with an N result (Fail) result.
10.9 Students on Leave of Absence are required to maintain their contact details on the Student Portal. Students who fail to comply with re-enrolment deadlines will have their enrolment automatically terminated. Students who do not intend to return to study must submit a discontinuation form (see Item 11 Withdrawal/Discontinuation from Candidature).
11. WITHDRAWAL/DISCONTINUATION FROM CANDIDATURE
11.1 Students who need to interrupt their studies for more than 2 standard semesters may make special application for permission to withdraw from the course and to re-apply for admission at a later date. If re-admitted, such students would retain credit for the work already completed if re-admitted within 3 years.
11.2 Students wishing to pursue this option should make written application to this effect and discuss the matter with the Student Centre in the first instance.
11.3 Enrolled students who wish to discontinue their studies should contact the Student Centre in the first instance and will be required to submit an Application for Discontinuation of studies.
11.4 Applications for withdrawal/discontinuation from candidature or from a subject(s) should be made well in advance of the commencement of the relevant semester of study. For applications received:
- by the census date for the relevant semester, no academic penalty will apply with subject(s) deleted from the academic record.
- after the census date for the relevant semester, subject(s) will appear on the academic record with a WD result (Late withdrawal).
- after the first piece of assessment for the subject is available or due, subject(s) will appear on the academic record with an N result (Fail) result.
12. TUITION FEES
12.1 Tuition Fees for all students
The tuition fees for all International Fee and Australian Fee places (where the student is responsible for the full cost of enrolment) and all Commonwealth Supported places (subsidised by the Government) include course reading material produced by the Law School and computing costs such as on-line access to the Internet on campus and personal University domain email accounts. Tuition fees do not include any other costs associated with the study program, such as membership of Student Service Organisations, travel, living expenses and textbooks.
All students are required to familiarise themselves with and understand University’s Fee Policy (including the ramifications of withdrawing from a subject after the published census date).
The JD operates within a semester based academic year. The census dates for subjects in the JD are as follows:
- Semester 1: 31 March
- Semester 2: 31 August
Individual enrolment records on the Student Portal contain census dates relating to Summer and Winter intensive subjects.
12.3 Liability for Tuition Fees
12.3.1 Students who withdraw or take leave of absence from their course of studies by the census date, will not be liable for their tuition fees for the subject/s in the relevant semester.
12.3.2 Students who withdraw or take leave of absence from their course of studies after census date, will be liable for their tuition fees for the subject/s in the relevant semester.
12.4 Non-Payment of Tuition Fees
Unless the School in a particular case decides otherwise, a person who has not paid all fees or charges to the University of Melbourne by the due date will have their enrolment cancelled (or if commencing, have the offer cancelled) and shall not be entitled to:
- continue with their enrolment;
- attend classes;
- undertake assessment tasks;
- receive any results or assessment;
- graduate from the University;
- receive a certificate of academic record.
If a student is permitted to repeat a subject after failing it, the full subject fee will again be payable.
13. STUDENTS WITH MENTAL HEALTH OF DISABILITY ISSUES
Students are not required to notify the University that they have a disability. However, disclosure may make it possible for the University to provide appropriate assistance that will enable students to participate more fully in their studies, thereby making the most of their university experience. Students are required to register with the University’s Disability Liaison Unit (DLU) before disability related support can be provided.
14. UNIVERSITY’S GRIEVANCE PROCEDURES
The University of Melbourne’s grievance policy can be found online. This document outlines transparent, fair and timely procedures for addressing complaints and grievances. These procedures will be conducted in accordance with principles of natural justice and all parties will be treated equally and fairly.