Australian Legal Reasoning and Methods

There are two parts to this assessment. Part 1 requires that you draft a Case Note.

Part 2 requires that you draft a research assignment. The broad theme of this assessment is Bail in the Victorian Court System.

You must submit (via Moodle) an individual Case Note (not a headnote) of up to 1,000 words. The Case Note must explain and critically evaluate the decision of the Victorian Court of Appeal in Roberts v The Queen [2021] VSCA 28. Your headnote should briefly explain the material facts, the parties, and the legal issues raised and considered. However, the reasoning is the focus of this Case Note.

This must be your own understanding of the case in your own words. The case may have been the subject of some analysis and commentary, but this part of the assessment requires that you read and analyse the decision yourself. Do not rely on law blogs. You must demonstrate that you have read and understood the reasoning in this case. In the past, students who have not complied with this instruction have been subject to action for academic misconduct.

You should NOT include footnotes for the Part 1: Case Note. YOU MUST NOT REFER TO SECONDARY MATERIAL WHEN COMPLETING THE CASE NOTE. You do not therefore require footnotes. If you want to include a direct quote from the judgment in your Case Note you should specify in the text where in the judgment you are quoting from. For instance, you might say:

• ustice Kourabas noted, at para 5, that 'students must not include footnotes in the Case Note';or
• Justice Kourabas noted that 'students must not include footnotes in the Case Note'.

Write an analytical essay (in the style of a short article as you might see in a law journal) of up to 1,200 words explaining the legal significance and wider consequences of this case. You may choose to focus on one theme or topic arising out of the case, but you must relate that to the legal impact of the case itself. In this part of the assessment, you should refer to any developments in the relevant case law and evaluate the significance of any changes in the law. You may also like to focus on the approach adopted in other jurisdictions as a comparison.

You may refer to (or cite) your earlier case note (if necessary). You should draw upon relevant secondary material when drafting your essay. This means that you MUST include footnotes and a bibliography in Part 2 of the assessment when referring to the work of others.

Please Note: We are not asking you to provide your personal opinion on the subject matter. We want you to analyse and discuss the significance of the law. You must explain the basis for your argument using the legal principles we have learned in this unit. You must address all aspects of the question.