JURD7152– LWE 2 (Extended Case Note) Assignment Term 3 2022 page 1
JURD7152: Introducing Law and Justice – Term 3, 2022
Legal Writing Exercise 2 – Extended Case Note Instructions

Value: This assessment is worth 50% of your final mark in Introducing Law and Justice

Word Limit: 1800 words (this is a strict limit, see p 4 below)

Due Date: Thursday 24 November 2022 (11.59pm, AEDT) online via Turnitin

The due date for assignment has been scheduled before the exam period, so as to allow you time after the
completion of classes to work on this assignment. The due date has been scheduled taking into account the
release and due dates for other foundational/first Term subjects.

Please note that you can only submit once to Turnitin. You do not need to submit a hard copy or a cover
sheet.

At the top of your first page, you must include your name, your SID, the name of your teacher and an accurate
word count. Be careful not to include footnotes in your word count.


AIMS
The aims of this assessment task are:
• to develop and assess your skills in case analysis and legal writing;
• to assess your understanding of concepts and materials from Introducing Law and Justice;
• to develop and assess your ability to write critically, and justify your ideas in a reasoned manner; and
• to provide an opportunity to apply some of the legal writing and research skills learned in Legal
Research and Writing (Stage I).

THE ASSESSMENT TASK


Drawing on materials and concepts from JURD7152 Introducing Law and Justice, write an extended case
note on O’Dea v Western Australia [2022] HCA 24.
An extended case note includes two parts: (i) a case brief, and (ii) a case commentary offering a critical
discussion of the case and the issues it raises.
This task requires:

• a clear, holistic, synthesised case brief;

• the thoughtful identification of conceptual, legal, policy and/or social issues raised by the proceedings
and/or the judgment(s), drawing on materials and concepts from Introducing Law and Justice;

• a critical analysis of the case in terms of the conceptual, legal, policy and/or social issues you have
identified and selected from the course materials;

• a reasoned response and analysis of this specific legal context, proceedings and case that
demonstrates a knowledge of and engagement with the themes and materials in the course.

The case brief will provide the reader with: the relevant background, material facts and procedural history,
details of outcome; a clear and logical synthesis/analysis of the legal issues, the legal reasoning of the judge(s),
the ratio of the case, and any significant obiter. As a guide, your case brief should occupy approximately 40%
of the word limit.

JURD7152– LWE 2 (Extended Case Note) Assignment Term 3 2022 page 2

Your case commentary will critically analyse the case by setting the analysis of your identified and selected
issue(s) in light of the materials and content in JURD7152.

For example, your commentary could:
- discuss the role of the courts in resolving disputes; or
- discuss the significance of legal history and the doctrine of precedent; or
- consider the experience of the litigants and/or the role of the lawyers and/or judges; or
- the role of appellate courts and dissenting judgments; or
- compare the reasoning and outcome with other cases and materials from JURD7152 that raise similar
or related issues; or
- evaluate the role of policy considerations raised in or by the case.
You are expected to select your own argument and/or approach to your commentary, but you MUST relate
the discussion of the case to relevant materials and concepts from JURD7152 Introducing Law and Justice.
You must also undertake some additional independent research to assist you to identify the
critical/contextual issue(s) you want to address in your case note, to clarify and extend your ideas, and to
develop and support your critical discussion.

Grading Criteria and Legal Writing
You will be assessed on your legal writing skills, your capacity to construct a consistent and coherent argument
in light of the selected issue(s) raised by the case, and on your understanding of the materials and concepts
from this course.
This assignment will be marked on both the content and the way it is written. We are using this assessment
to give you feedback on your analytical skills in case analysis, as well as your legal writing more generally.
When marking this assignment, your lecturers will be paying attention to written expression and the way that
you structure and organise your text.

This case note is the primary basis upon which we will assess whether you have reached a Satisfactory
standard in Legal Writing. You will receive a feedback sheet that will indicate whether you have satisfied the
Legal Writing requirements for Introducing Law and Justice. If you pass the course overall, but do not
demonstrate that you have reached a Satisfactory standard in Legal Writing, your final mark for JURD7152 will
be withheld pending the completion of additional work. See the Course Outline/Information and Sample
Feedback Rubric on Moodle for more detail about the Legal Writing requirements for JURD7152.
When completing your case note you should take into account the principles of good legal writing, including:

• writing clearly and precisely with attention to how effectively you communicate your meaning;
• structuring your text carefully, which may include using sub-headings;
• using plain legal language;
• citing sources or authority whenever necessary and relevant;
• using footnotes to refer to sources or authority;
• include a bibliography in the format specified in the AGLC;
• correct, consistent and compliant citation;1
• acknowledging your sources and authority appropriately (that is, your work is free from
plagiarism);

1 For information about correct citation, please refer to your 2022 Research Modules and/or the Australian Guide to Legal Citation, 4th
edition (Melbourne University Law Review, 2019). Please refer also to the UNSW Academic Support resources for further information
about appropriate acknowledgement of sources.

JURD7152– LWE 2 (Extended Case Note) Assignment Term 3 2022 page 3
• using language that is appropriate for an academic audience, avoiding colloquialisms,
stereotypes and/or derogatory assumptions about participants in the legal system;
• using gender inclusive language (for example, avoiding assumptions about the gender of legal
personnel);
• using language that is consistent with the UNSW Guide to Indigenous Terminology.2

Marking Criteria
High Distinction [85% and over]: demonstrates a higher order ability to analyse the relevant legal principles in
the case, incorporating a sophisticated critical analysis and understanding of the issue(s) raised by the case.
Presents a complex argument, in line with the issues identified, in an imaginative, highly effective or
sophisticated way. Incorporates a diverse range of relevant course materials to effectively support the
argument(s). Draws on relevant, thoughtful additional research to extend the main argument(s).
Exceptionally well written in line with the principles of good legal writing with a logical and effective structure,
correct, consistent citation and referencing, free from (all but the most minor) grammatical errors.
Distinction [75% to 84%]: demonstrates an unambiguous ability to analyse the relevant legal principles in the
case and demonstrates a clear understanding of the issues raised in the case. Demonstrates a thorough
understanding of a range of relevant course materials, incorporating these into a critical analysis that is clearly
connected to the course. Frames the argument in response to the identified issues in an effective, thoughtful
way. Includes some appropriate additional research to support or extend the main argument(s). Well
written, in line with the principles of good legal writing, with a logical and effective structure, correct,
consistent citation and referencing and free from significant grammatical errors.
Credit [65% to 74%]: demonstrates a sound ability to analyse the legal principles in the case, a sound
understanding of the relevant course materials, and a developing ability to critically analyse the case within in
light of the course. Draws on a limited range of relevant course materials. Makes a sound attempt to frame
the argument in line with issues identified from the course. Predominantly clear and well written, in line with
the principles of good legal writing, with a logical structure, correct, consistent citation and referencing. The
writing in generally free from major grammatical errors.
Pass [50% to 64%]: a limited ability to analyse the legal principles in the case, some attempt at analysis that
demonstrates a basic understanding of the relevant course materials. Limited capacity to identify and
incorporate broader relevant issues, materials or key concepts. Limited or minimal reference to relevant
course content. Demonstrates a developing ability to write clearly and effectively, in line with the principles
of good writing, including (mostly) correct citation and referencing. Vocabulary and/or grammatical errors do
not interfere with meaning.
Fail [less than 50%]: displays an insufficient understanding of the relevant law and course materials and/or
fails adequately to demonstrate an ability to identify the legal principles in the case. Does not comply with the
requirements of good legal writing: eg very poorly structured, and/or significant problems with written
expression such that the work fails adequately to convey meaning, and/or significant errors in citation and/or
academic referencing and/or contains plagiarised material.

ADDITIONAL REQUIREMENTS

Format
Your text should be at least 1½ spaced, with a good margin (2.5 - 3cm), in an easily readable font. Make sure
that your name, student number, an exact word count, and your lecturer’s name are marked clearly on the
front page of your assignment.
Late Penalties
Late assignments will not be accepted without penalty, unless an extension has previously been granted. Refer
to the Course Information and the Law School Assessment Policy for more detail about Late Penalties and
Extensions.

2 See https://teaching.unsw.edu.au/indigenous-terminology.

JURD7152– LWE 2 (Extended Case Note) Assignment Term 3 2022 page 4


Word Limit
The word limit for this assignment will be calculated by reference to all text in the main body of the
assignment. Substantive or explanatory text in the footnotes is also included in the word count. Footnotes
that contain only citations or other references and your bibliography are not included in the word count.
Penalties for exceeding the word limit will be imposed in line with the Law School Assessment Policy (ie. there
is no 10% leeway).
Avoiding Plagiarism
UNSW Law as part of the University regards academic misconduct as a very serious matter. Students found
guilty of academic misconduct are usually excluded from the University for two years. Contingent on the
individual circumstances, however, the period of exclusion can range from one session to permanent exclusion
from the University. We recognise that you may discuss this case in your classes and perhaps in study groups.
However, the written work that you submit for this assessment must be your own work.
What is Plagiarism?
Plagiarism is the presentation of the thoughts or work of another as one’s own. Examples include:
• direct duplication of the thoughts or work of another, without appropriate referencing (ie. as a
quotation), including published, unpublished, printed or online resources;
• reproducing the key ideas from, or paraphrasing, another person’s work (even if referenced) with only
very minor changes keeping the meaning, form and/or progression of ideas of the original;
• simply piecing together sections of the work of others (even if referenced) into a newwhole;
• presenting an assessment item as independent work when it has been produced in whole or part in
collaboration or collusion with other people, for example, another student or a tutor.
All work submitted in this course for assessment must be your own work. Unless specified as group work, it
should not be written in collaboration with any other student. Nor should it be written in collaboration with
people from outside of the Law Faculty, such as a lawyer or legally trained person to whom you may have
access. You may, of course, in preparing work for assessment, consult your teacher and the Law Librarians.
Knowingly permitting your work to be copied by another student may also be considered to be plagiarism.
Further, allowing other students to use your written work may be considered collusion in assessment.
Collusion in assessment is academic misconduct. Unless work is specified to be group work, any work
submitted for assessment must be written by each student individually, and must not be shared, whether in
draft or completed form, with any other student. While it is understood that it is often beneficial for students
to study together and to discuss their work, students who share, distribute, or show their written work to any
other student while enrolled in the course for which the work is to be submitted will be deemed to be colluding
in their work, and thus guilty of academic misconduct.
All work submitted in this course for assessment must have been generated for this course alone. In other
words, you should not submit for assessment work which you may have completed for another course or
professional requirement. Submitting an assessment item that has already been submitted for academic credit
elsewhere or submitting the same work to two courses for credit may be considered plagiarism.
UNSW Academic Skills Support has a range of resources available online to assist you in avoiding plagiarism
and developing your own critical voice. See: https://student.unsw.edu.au/skills

We look forward to reading your case notes,
Mark, David and Kathryn