melbourne law school research proposal

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Research in the legal field can take you anywhere in the world, pushing the boundaries of legal knowledge and playing an active role in advancing legal disciplines across policy, practice, theory and more.

In 1857, the University of Melbourne established Australia's first law course. Since then, University law graduates have become prime ministers, governors-general, judges, lawyers and academics.

Today, Melbourne Law School (MLS) is a thriving community with a global reputation for excellence. We have more than 90 academic staff members and host more than 170 visiting scholars from Australia and around the world each year.

This means you’ll have access to the world’s best legal minds in your area of interest and you’ll be well supported to achieve your goals.

As a graduate researcher, you’ll contribute to growing knowledge through your own self-directed research. You’ll receive research training of the highest quality and become part of an international legal research community, expanding your networks, and increasing your exposure to high-quality legal research.

Explore our research

Melbourne Law School offers expertise in a wide range of research areas . In fact, we have one of the broadest offerings in the world, including, but not limited to:

• Administrative law
• Constitutional law and comparative constitutional law
• Corporate law and commercial law
• Criminal law
• Employment law and labour law
• Environmental and energy law
• Human rights law
• Indigenous law and justice
• International law
• Private law
• Technology and intellectual property

Research centres and institutes

Melbourne Law School hosts many research centres and institutes . As a graduate researcher, you’ll have access to centres including:

• Indigenous Law and Justice Hub
• Centre for Comparative Constitutional Studies
• Centre for Employment and Labour Relations Law
• Centre for Media and Communications Law
• Centre for Resources, Energy and Environmental Law
• Health Law and Ethics Network
• Institute for International Law and the Humanities
• Peter McMullin Centre on Statelessness
• Melbourne Centre of Commercial Law

Learn how we're making a difference

We play an active role in advocating for justice and the human rights of all people in Australia, and we strive to ensure that the nation's legal framework protects the interests of minority groups.

For example, we’ve worked with the Fair Work Ombudsman to protect   vulnerable workers . Together, we have implemented a proactive model that model helps track down employers who underpay or exploit their workers.

Outside of Australia, University researchers are also advocating for justice and human rights for international communities. Current research projects explore different aspects of statelessness, including understanding the challenges facing nomadic people and statelessness in the Asia-Pacific region.

We’re also working hard to protect the environment.

Climate change is an urgent environmental problem that requires a rapid transition to  clean energy. But governments are slow and cautious about changing regulations to reduce emissions, so environmental advocates are turning to courts to mount ambitious climate litigation.

They want to block fossil fuel use and force planners to consider climate change impacts. University researchers analysed the capacity of climate litigation to influence energy regulation, which means that litigation can help put nations on the path to a clean energy future.

Collaborate with other disciplines

As a law researcher, you can work with researchers from other disciplines. Engaging with experts outside your field can help you reflect on the world in different ways. Depending on the topic, you might work with experts from areas like health, economics or education.

Interdisciplinary initiatives and institutes that relate to law include:

• Indonesian Democracy Hallmark Research Initiative
• Centre for Artificial Intelligence and Digital Ethics
• Melbourne Disability Institute
• Melbourne Social Equity Institute
• Melbourne Energy Institute
• Melbourne Climate Futures

Graduate researchers also have access to many other interdisciplinary research opportunities across the University, including PhD Programs .

Work in a stimulating environment

The Law Library has one of the best law collections in Australia. Here, you can access printed volumes, rare legal texts and online databases. The library is also available to graduate researchers as a study space, there are study carrels and group discussion rooms that can accommodate both individual and group work.

Melbourne Law School hosts research events and programs throughout the year. These forums are a great way to connect with other graduate researchers and to learn from talented staff and visiting scholars.

These events include:

• Faculty Research Seminar Series
• Legal Theory Workshop
• Melbourne Doctoral Forum on Legal Theory
• Research Support Program
• Academic and career mentors
• Teaching fellowships :

Learn about other ways we can support you.

• Contact our Graduate Research team for more information and to receive our Research Proposal Form PDF.
• Find out more about how to apply .
• Explore Melbourne Law School to learn more about legal research.
• Read about the latest research findings in law .

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Graduate Research

Doctor of Philosophy - Law

• Arrow-right #1 law school in Australia
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• Course code: DR-PHILLAW

Course overview

Please note: Applications for 2022 have closed! Applications are currently being considered for commencement in 2023.

Melbourne Law School aims to admit outstanding graduates from a wide variety of countries and to provide them with a world class experience in undertaking a graduate research degree.

The Doctor of Philosophy (PhD) degree requires you to undertake a substantial piece of independent and original research under academic supervision. The research thesis is examined externally by scholars with international standing in the research field of the thesis topic.

(Course code: DR-PHILLAW)

Related study areas

• Environment
• Environmental law, policy and sustainability
• Research in law

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• Research Proposal

Research Proposal (EDUC90253)

Graduate coursework Points: 12.5 On Campus (Parkville)

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About this subject

Contact information.

The student will prepare under supervision a thesis proposal, providing a clear indication of the nature and purpose of the research to be undertaken in the thesis. The proposal should contain:

• a clear statement of the purpose of the research and the research question(s) being investigated;
• a justification of why the chosen topic is a worthwhile one to research;
• a substantial overview and critical discussion of research already done in the area available in the research literature;
• a critical discussion of the research methodology proposed, showing its appropriateness for answering the research question(s); and
• an outline of the research design and the timeline for implementing it.

Intended learning outcomes

Students will:

• Extend their capacity to evaluate research literature in educational psychology in order to make informed decisions about the conduct of independent enquiries in psychology and education.

Generic skills

• Develop literature review skills
• Develop an evidence-based argument

Last updated: 10 February 2024

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Melbourne Law School - Research Publications

Permanent uri for this collection, results per page, search results.

• Item No Preview Available Strategic Public Interest Litigation for Transparency and Accountability of Harmful Digital Marketing: A Researcher-Regulator-Community Dialogue O'Brien, P ; Parker, C ; Paterson, JM ; Weatherall, K ( Academy of Social Sciences Australia, 2024 ) Online advertising by digital platforms can be used by harmful industries such as alcohol, unhealthy food, and gambling to manipulate consumers, misrepresent their products, and engage in predatory conduct targeting people generally, and, in particular, groups experiencing vulnerability. These practices are difficult to investigate. Scholars, activists and regulators focusing on specific industries rarely have a chance to discuss their common challenges.
• Item No Preview Available Cannabis Use During Pregnancy: Patterns and Potential Impacts on Offspring and Maternal Health- Summary of the Literature O'Brien, P ; Douglas, H ; Hock, C ( 2024-06-30 )
• Item No Preview Available Arguments made by the alcohol industry in submissions to the WHO consultation for the Alcohol Action Plan 2022-2030 Gleeson, D ; O’Brien, P ; Dwyer, R ; Cook, M ; Room, R ( European Publishing, 2023-01-01 ) Background and Objective: A growing body of research has revealed the strategies and arguments used at the national level by alcohol industry actors to influence policy. To date, however, there has been little research into industry’s arguments in global alcohol policy forums. The 2020 consultation by the World Health Organization (WHO) on a Working Document for the ‘development of an action plan to strengthen implementation of the Global [Alcohol] Strategy’ provided an opportunity to critically examine industry perspectives and arguments in relation to global alcohol governance. Methods: Forty-eight alcohol industry submissions were coded in NVivo. Directed content analysis was used to examine the policy positions and arguments made by industry actors. Thematic analysis was employed to further explore the framing of industry arguments. Results: In framing their arguments, alcohol industry actors positioned themselves as important stakeholders in policy debates; differentiated ‘normal’ drinking from consumption that merits intervention; argued that alcohol policy should be made at the national, rather than global, level; and supported industry self-regulation or co-regulation rather than cost-effective public health measures to prevent harms from alcohol. Conclusions: The alcohol industry actors’ submissions to the WHO’s 2020 consultation repeated some of the same positions and arguments that industry actors have been found to have made in domestic policy processes. Their arguments could be seen as efforts to stymie improvements in the global governance of alcohol. The arguments appeared to have had some, but not complete, traction in the creation of the Alcohol Action Plan. There are moves towards improving global governance of alcohol in the future. The industry can be expected to continue strong advocacy against such developments.

• 1 (current)

The PhD in Law is an opportunity for you to engage in high-quality independent research as part of an extended research project. 

Program description

The PhD in Law is an opportunity for you to engage in high-quality independent research as part of an extended research project. The PhD degree requires submission of a thesis of not more than 100,000 words that makes a substantial contribution to learning in the field of law. Each candidate has a supervisory panel of academics. Students are encouraged to participate in the activities of the ANU College of Law, and would most often be based on campus and study full-time.

Mode of delivery

The research outcome of a PhD degree is a thesis of not more than 100,000 words. During their study, candidates are assessed against milestones which include: annual plans (completed 3 months after commencement and then annually); annual reports; a thesis proposal review; and an oral presentation.

Research students at ANU must fulfil the minimum residency requirements specified in the Australian Government’s  Research Award Rules 2017  unless approval has been obtained for a reduced period of attendance, or the student is externally based. Applicants should make a detailed case for any reduced period of attendance, preferably at the time of application. ANU also has a  PhD Attendance Requirements Policy  which describes these requirements.

If you are approved to study externally (via distance), the minimum attendance on campus is 4 weeks each year. For further information, please refer to the Guidelines For Externally Based Students on the ANU Law  Apply online  page. Approval to study externally cannot be guaranteed.

ANU Law will provide a suitable work space and computer on the ANU campus in Canberra. All students will have access to Wattle (Web Access to Teaching & Learning Environments), the University’s online learning platform.

One of the world's top 20 law schools Times Higher Education Rankings (2024)

Five-star maximum rating for student demand, teaching quality, student–teacher ratio and staff qualifications Good Universities Guide 2022

Graduating from ANU Law will see you join a prestigious and highly recognised alumni network .

4 years full-time (note that some scholarships are for a maximum of 3.5 years at present with a possible extension). If part-time study is approved, the maximum duration is 8 years.

Make an enquiry

Call and chat to a member of our Future Student Experience team.

Apply for Doctor of Philosophy in Law as a domestic or international student.

Course guide

View the Doctor of Philosophy in Law course guide for more information.

Entry requirements

The minimum entry requirements are: English language proficiency, and at a minimum, a bachelor's degree with first or upper second class honours, usually in law. Admission into this program is highly competitive and we therefore prioritise applicants with a first class honours degree. We favour applicants who also have a masters degree with a high grade point average.

The level of English language required for Law is high, see How to Apply . If you are an international student, you must provide a current IELTS or TOEFL certificate as proof of your competency. The tests can be arranged through the British Council or the Australian Embassy in your country.

ANU has the highest level of graduate employability of any Australian university.

In addition, graduating from ANU Law will see you join a prestigious and highly recognised alumni network of over 20,000 professionals in Australia and around the globe.

Academic experts

Each candidate has a supervisory panel of academics, usually drawn from the ANU College of Law’s experts .

With particular expertise in constitutional and administrative law , international law , environmental law , migration law, governance and national security , our academic staff are frequently called on by parliamentary committees, peak bodies, professional associations and the media for analysis, advice and guidance on the law, and what might be done to improve it.

Many of our expert research staff are also award winning teachers who are are always accessible and work closely with you to ensure you successfully complete your studies. We have created a supportive and nurturing environment in which you can thrive.

Admission to practice

A PhD in Law will not provide a basis for admission to practice.

ANU currently enrols domestic research students under the Research Training Scheme (RTS) which is funded by the Commonwealth Government. RTS funded students are not required to contribute to the cost of their tuition for the duration of their program.

International students are required to pay the cost of their tuition for the duration of their program. The annual fee for international students (2018) is $40,416.00.

Fees for the PhD program are also available on the Programs and Courses website.

Scholarships

ANU funds and administers a range of scholarships for graduate research degree programs, especially for domestic students. See our HDR scholarships page for information on these scholarships and their deadlines.

More information on ANU costs and fees , and scholarships and support is available on the central ANU website.

For more information on the Australian education system please go to the government websites MyUniversity and StudyAssist .

We have prepared detailed information on how to apply to do Higher Degree Research at ANU Law , including information on scholarships, putting your application together, applying online and commencement. Please read through these instructions thoroughly.

Programs and courses

For information on admission requirements, fees, courses, electives, suggested study patterns and more see Programs and Courses.

Useful links

• Study at ANU Law
• Contact ANU Law
• ANU Study with us
• ANU Information for you
• ANU Scholarships
• ANU Student experience

Selecting and Developing a Law Research Topic

• Introduction
• Selecting a Topic
• Developing a Thesis
• Checking the Novelty of the Thesis
• Referencing and citing

Finding a Topic

When selecting a topic, make sure that it is interesting to you and your audience, well-defined, manageable, novel and worthy of publication.  If you need help finding a research topic, you can start by: 

• Examining legal developments
• Keeping up to date with current affairs, e.g. news items can generate topic ideas
• Searching for a novel case or a legal issue where courts have split on their interpretation of the law
• Browsing recent scholarly publications
• Mining topic ideas, including calls for papers and writing competitions
• Exploring grassroots advocacy from communities and legal organisations. e.g. blogs and websites
• Talking to people

The Law Library has numerous resources listed on this page to assist you in selecting your topic.Even if you have a topic in mind, use the following resources to learn more about any new developments within that area. If you get stuck or need customised advice, please email us at:  [email protected]  

Novel Cases

A common approach to finding a topic is to focus on a case that raises a novel issue of law. To find these cases, search for legal developments (see Legal Developments) or browse recent cases before the Australian High Court or highest appellate court in other countries.

• High Court of Australia
• Supreme Court of Canada
• Supreme Court of New Zealand
• Supreme Court of the United Kingdom
• Supreme Court of the United States

The following blogs also contain valuable information about High Court/Supreme Court decisions:

Legal Developments

A good place to get ideas for a paper topic is to examine recent legal developments. Even if you have a topic in mind, use the following resources to learn more about any new developments within that area. Newspapers, blogs and current awareness resources, such as the ones below, are usually the first to report on a developing issue of law.

News and Newspapers

• Nexis Uni Nexis Uni provides quick comprehensive access to legal, business news, market insight, biographies and public records in a single location. Search the phrase "legal developments" for useful news items.
• Factiva Factiva provides access to the latest business and industry news. IThe database allows users to browse through a collection of global content sources from 200 countries, in 26 languages – including newspapers, continuously updated newswires from Dow Jones and Reuters, journals and magazines, websites, blogs, and multimedia. For details on how to use Factiva visit: https://proquest.libguides.com/factiva

For further information on finding news and searching newspapers, refer to the News and Newspapers Library Research Guide.

• News and Newspapers by Christina Ward Last Updated Aug 12, 2024 15246 views this year
• Oxford Public International Law - Debate Maps A good source for ideas on topics related to public international law. The debate maps are an index of discussions by scholars on the public international law aspects of current major debates.
• AUSPUBLAW A collaborative blogging project with commentary and analysis on recent cases and legislative change as well as updates on the latest research and scholarship in Australian public law.
• The Court Osgoode Hall Law School's blog on decisions from the Supreme Court of Canada
• Oxford Public International Law - News For the latest news dealing public international law topics.
• Opinions on High (not updated since 2020) University of Melbourne Law School's blog on decisions from the High Court of Australia
• SCOTUS Blog United States Supreme Court blog written by lawyers, law professors, and law students
• UKSC Blog United Kingdom Supreme Court blog written by influential solicitors and barristers

Scholarly publications

• Lexis+ Australia Australian online legal information source, offering a range of subscription services for legal reference and research. It is a full text database of Australian law, including some legislation and case law. It also includes two case citators and a legal encyclopaedia.
• Westlaw Australia Australian legal database. Search for articles using keywords or browse secondary sources.

For further links to journals and other secondary sources, refer to the Secondary Sources for Law Library Research Guide.

• Secondary Sources for Law by Jason Odering Last Updated Aug 2, 2024 3429 views this year

Unresolved Legal Issues

Another common approach to finding a research topic is to examine an unresolved legal issue. Unresolved legal issues can occur when courts have split in their interpretation of the law, leaving the ultimate meaning of the law unresolved. In the United States, this is known as a 'circuit split' because it is based on federal circuit courts interpreting the same legal issue differently. These sorts of issues are ripe for appeal to the US Supreme Court, the highest court in the land. 

A research topic may describe the split, identify any issues that may be influencing the courts, and propose a way to distinguish the situations or resolve the discrepancy. These topics can be very timely and relevant. However, if the discrepancy is resolved before your paper is completed, the topic can be rendered entirely obsolete. Because these topics are so popular in the United States, there are resources dedicated solely to tracking circuit splits, including the following:

• Seton Hall Circuit Review A law review dedicated to covering the United States federal circuits. The section entitled 'Current Circuit Splits' provides brief summaries of the circuit splits identified in federal court of appeals opinions.
• The University of Cincinnati Law Review's Circuit Splits Blog
• Circuit Splits Reported in U.S. Law Week (BNA) To access Bloomberg Law: staff and students must use their University of Melbourne email addresses when completing the registration form to establish a Bloomberg Law School account.

Journal Articles

• Meeker, Heather, 'Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers' (1996) 3 Utah Law Review 917
• Volokh, Eugene, 'Writing a Student Article' (1998) 48 Journal of Legal Education 247

Law Library Catalogue: ebooks and print materials

Use introductory texts to begin your research. These will help you structure your research and point to key issues that may be appropriate for a research topic.

1. To find print and ebooks, search the Library catalogue for your topic in the keyword field e.g. international humanitarian law.

Keyword Title Author Subject Journal title Call number ISBN or ISSN  or

2. Browse the shelves according to call numbers. Books will be shelved by call numbers according to their subject matter.

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• Last Updated: Aug 13, 2024 10:34 AM
• URL: https://unimelb.libguides.com/law_research_topic

Preparing a research proposal

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The proposal is a key part of the process where applicants must demonstrate the value of their research and their suitability for program selection.

All applicants for a postgraduate research program at RMIT University should have a proposed research topic that is aligned with at least one of RMIT's identified  research strengths . Your discussion with the academic staff in your proposed school will assist you to identify whether your research proposal will be an appropriate fit for RMIT's research strengths.

Your proposal should be a two to five page overview of your research divided under the following headings:

• Title and topic
• Research questions you plan to investigate in the context of existing research/literature in the area
• Significance and impact of the research
• Methodology/research tasks required to undertake the research
• Any particular needs, if applicable (e.g. resources, facilities, fieldwork or equipment that are necessary for your proposed research program).

A good way to start your proposal is to think about your potential audience.

• Who is your academic audience and how might this work affect their understanding of the field?
• Is there an audience beyond academics, such as practitioners or the general public, who might care about your work? Why should they care?

In most cases it is sufficient to demonstrate that there is academic interest, but identifying the potential broader interest in your findings can be a way to help you find the most relevant and pressing problems.

Unsuccessful proposals tend to suffer from a number of common problems. The most common is that the researcher is not really asking a genuine research question, but seeking supporting evidence for a preconceived idea. Ask yourself: are you seeking new knowledge or trying to prove something you think you know?

Sometimes, especially in creative practice based research questions do not easily present themselves. Some research is ’iterative’: the researcher must test their assumptions through field work or creative project work before the questions come into focus. In these cases it is important to focus on what your research has to offer others beyond your own personal and professional development.

The research proposal can be a difficult document to write. If you are already in contact with potential supervisors they may read over early drafts and provide advice.

These books might also be helpful in understanding research degrees and how to write a research proposal:

• Evans and Gruba (2002),  How to write a better thesis , Melbourne University Press.
• Denholm and Evans (ed) (2006),  Doctorates Downunder , ACER Press.
• Booth, Colomb and Williams (2003),  The craft of research , University of Chicago Press.
• Dunleavy, P (2003),  Authoring a PhD , Palgrave Macmillan.
• Rugg and Petre (2004),  The unwritten rules of PhD research , Open University Press.

Some programs require more lengthy proposals with additional elements or additional selection tasks, such as the presentation of a portfolio. These are detailed in  Program Overviews .

Acknowledgement of Country

RMIT University acknowledges the people of the Woi wurrung and Boon wurrung language groups of the eastern Kulin Nation on whose unceded lands we conduct the business of the University. RMIT University respectfully acknowledges their Ancestors and Elders, past and present. RMIT also acknowledges the Traditional Custodians and their Ancestors of the lands and waters across Australia where we conduct our business - Artwork 'Luwaytini' by Mark Cleaver, Palawa.

RMIT University acknowledges the people of the Woi wurrung and Boon wurrung language groups of the eastern Kulin Nation on whose unceded lands we conduct the business of the University. RMIT University respectfully acknowledges their Ancestors and Elders, past and present. RMIT also acknowledges the Traditional Custodians and their Ancestors of the lands and waters across Australia where we conduct our business.

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Selected databases useful for legal research.

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MLS Legal Scholarship Database

MLS faculty scholarship database, holding work published between 1857 and 2000. Browse the list of former faculty members to see their work, or search the database by keyword, below.