70102 Foundations of Law: (Autumn 2024)
PART A: Case Note
(20 marks. Suggested word length: 1000 words)
Locate and read the most authoritative version of the case cited above.
Write a case note in response to the following headings (not all items are of equal importance – see the marking
criteria below, and use your judgment):
a) Introduction: What is the case about? Why might it be of interest? You should identify the case name,
authorised report if there is one, the court, and the judges comprising the bench.
b) Material facts: What are the circumstances that gave rise to the case? Think about the facts that are relevant
to the legal reasoning. You only need to provide enough information to explain how the legal issues arose;
you do not need to present facts of no relevance to the legal issues. Identify the parties clearly and be
consistent in how you refer to them throughout the assignment.
c) Procedural history: Provide an overview of the procedural history of the matter (if any).
d) Legal issues: What are the legal issues (or legal questions) that the court must answer?
e) Legal Reasoning: What did the judge/s decide and what were their reasons for that decision?
f) Orders: What is the outcome of the case? What orders were made?
PART B: Critical Analysis
(20 marks. Suggested word length: 1000 words)
Evaluate the case of Application of Higgins [2023] NSWSC 689 in light of the following statement, using
ONE critical legal approach to which you have been introduced in this subject (such as postcolonial, settlercolonial, or critical race theory) in so far as that approach addresses Indigenous people in Australia and their relationship to the Anglo-Australian legal system.
Australia’s treatment of the civil law needs of its Indigenous people is only just beginning. It seems to have
taken the whole of the twentieth century to come to the point where the existence of the law of the oldest
living culture in the world can be recognised in a practical way. So far the recognition is only in pockets. It
is arguable that when it comes to areas of law which are personal law, such as family law and inheritance
law, the need to accept the cultural imperatives of the relevant people is obvious. But it is not enough to
merely recognise the need. It is important for the development of the Australian polity and a set of
relationships across the country, across racial and cultural divides, that Indigenous customary law is recognised as law, and the appropriate sources of authority for that law are used to determine it. The changes to the NSW and Tasmanian Succession Acts are only the beginning of the process, and it seems that, despite some significant progress, the Australian judiciary has yet to completely embrace the use of customary law as law.
Are you struggling to keep up with the demands of your academic journey? Don't worry, we've got your back!
Exam Question Bank is your trusted partner in achieving academic excellence for all kind of technical and non-technical subjects. Our comprehensive range of academic services is designed to cater to students at every level. Whether you're a high school student, a college undergraduate, or pursuing advanced studies, we have the expertise and resources to support you.
To connect with expert and ask your query click here Exam Question Bank
