Description
Word count: 1,250 words per questionEach accompanied with research diary and revision guide.Paper instructions : Please provide footnotes for sources cited. Sources from books / e-journals are preferred. Footnotes do not count into word count please.
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LAW EXTENSION COMMITTEE
SUMMER 2023-24
15 PRACTICE AND
PROCEDURE
ASSIGNMENT
INSTRUCTIONS
In Practice and Procedure, there is only ONE ASSIGNMENT. This assignment is compulsory
and must be submitted by all students. The assignment will constitute 20% of the final mark in
this subject.
Assignments must be submitted by the due date unless an extension has been granted.
Extensions need to be requested by email prior to the assignment due date and specific
supporting evidence provided. Late assignments attract a penalty of one mark out of 20, or 5%
of the total marks available, per day. A pass mark is 50%. Assignments that are received more
than ten days after the published due date will not be accepted. Please note that students
granted an extension must still submit their assignment within ten days of the original
assignment due date.
Assignments are assessed according to the “Assignment Grading and Assessment Criteria”
outlined in the LEC Guide to Assignments. This guide also contains the rules and guidelines
regarding the presentation of assignments and instructions on how to submit an assignment
and is available from the Guides and Policies section of Canvas. Please read this guide
carefully before completing and submitting this assignment.
Any submission which uses the ideas of others without attribution, or fails to reference
properly the words and ideas of others, or which has been prepared – in whole or in part – by
someone other than the student, will be regarded as plagiarism – and severe consequences
apply. Students must acknowledge any assistance provided in preparing this assignment,
including the use of automated writing tools, artificial intelligence (AI), reference generators,
and translation software.
The maximum word length for this assignment is 3000 words (excluding citation references
and bibliography).
Completed assignments should be lodged through Canvas and received by 11:59pm AEDT
(Australian Eastern Daylight Time) on Wednesday 17 January 2024.
Please put your STUDENT NUMBER and SUBJECT in the HEADER of your document. You are no longer required to
fill out a cover page.
By placing their name on the assignment students are claiming the work they submit as their own – if in fact it is
not, this is both plagiarism and unprofessional conduct.
Compulsory Assignment
There are two questions in this assignment. Your answer to Question 1 is worth 10 marks and
your answer to Question 2 is worth 10 marks for a total of 20 marks for this assignment.
Please answer both questions.
Page 1 of 4
Your answer to Question 1 should be no more than 1,500 words, and your answer to Question 2
should be no more than 1,500 words. This means that this assignment is for a total of 3,000
words.
Footnotes and bibliography do not count in the word count. Footnotes are to be limited to references to
source material. Anything in the footnotes other than citations will not be read. The bibliography is
to be limited to materials cited in the footnotes.
These questions may require students to do some independent research.
Page 2 of 4
Question 1 – Advise Jane Smith
Background
You are a solicitor in NSW and have been approached by Jane Smith to initiate legal
proceedings against Warren for a contract breach and for misleading and deceptive
conduct under the Australian Consumer Law. The contract, valued at $750,000, was
signed in Victoria but breached in NSW, where Jane’s business operates. Jane seeks
damages of $750,000 for breach of contract and, in the alternative, damages of the same
amount for misleading and deceptive conduct, plus an estimated $300,000 in lost income
and potential interest on damages. She intends to commence proceedings in NSW but is
apprehensive about Warren transferring the case to Victoria. Warren is a resident in
Melbourne but due to leave for a 12-month overseas holiday in a few days. Jane thinks
that Warren is going overseas in order to avoid being sued by Jane.
Question
Advise Jane on whether to initiate legal proceedings in NSW or Victoria and in which court
and which division. Discuss the factors influencing the jurisdictional decision. Also advise
Jane on any issues that are likely to arise in relation to service of documents and how that
might influence questions of jurisdiction.
********
Question 2 – Advise Michael Thompson
Background
Michael Thompson, a resident of NSW, faces complex legal disputes involving both family
and commercial law matters. He is seeking a divorce and a property settlement from his
spouse of 20 years, Sue. Both are directors and each holds 50% of the issued share capital
in ‘BioHealth Solutions’, a corporation with operations across Australia. Concurrently,
Michael ran another business with his business partner Rachel, having a separate
contract with BioHealth for medical equipment supply. The contract, executed in NSW
but with equipment delivery to Melbourne, was not fulfilled by BioHealth, causing
substantial losses which could well exceed $1,000,000. Rachel and Michael both intend
to sue BioHealth for breach of contract.
Page 3 of 4
Question:
Advise Michael on any jurisdictional issues that arise on these facts, including where to
commence proceedings.
Page 4 of 4
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