Flinders Law, College of Business, Government and Law Bachelor of Laws and Legal Practice
Flinders Law, College of Business, Government and Law Bachelor of Laws and Legal Practice
LLAW1312 Essential Legal Skills Semester 2, 2022
Letter of Advice
This Assignment is worth 40% of the assessment in LLAW1312 Essential Legal Skills
Key information
Penalties: The Statement of Assessment Methods (in the Assessment Hub on FLO) contains the details of any penalties for assessments that are overdue.
If your report exceeds 1500 words in length you will be penalised 5% for every 10% of the word length by which you exceed the assignment. If your assignment is 1501-1650 words you will lose 5%, if your paper is 1651-1800 words you will lose 10%, etc.The word count includes: headings, assignment text, and any substantive text located in your footnotes.The word count does not include: your name, ID number, stated word count, any footnotes that contain only references, or the assignment questions.
Formatting: This assignment has various components that each require different formatting. Of note, your letter must be formatted as a letter, and your bibliography must comply with the bibliography requirements in Chapter 1 of AGLC 4.
Assignment resubmission: Students who receive a failing grade (less than 50%) will be given the opportunity to resubmit this assignment. Before resubmitting, you will need to lodge a resubmission notification in the Assessment Hub on our Canvas page. You must complete the intention to resubmit form (by following the link in the Assessment Hub) within 48 hours of receiving your mark and feedback. When you follow the link, the form will outline the criteria that need to be met for you to be eligible for resubmission.
Extensions: Any applications for extension must be submitted prior to the due date by clicking the Assignment Extension link on Canvas. Assignment due dates cannot be extended beyond two weeks (if you have grounds for a longer extension please contact the topic coordinator by email to discuss your options).
456789666637100Academic integrity: The Universitys policies and procedures on Academic Integrity applies to this work and will be strictly enforced. Note that if you cite any sources you MUST provide references for these, and if you quote you MUST provide pinpoint references. For this assignment you are allowed to use ChatGPT in a specified way, by analysing the ChatGPT output that has been provided to you.
Marking criteria: When working on your assignment you should have regard to the marking criteria provided on Canvas. They will be used to mark your paper and provide feedback to you about your work when it is marked and returned to you.
Return of assignments and feedback: After your assignment has been marked you will receive comments on your paper, a completed marking rubric, and an Answer Guide. There will be no opportunities for resubmission for this assignment.
Referencing: Please comply with the Australian Guide to Legal Citation 4th edition.
MEMO
TO:Clerk
FROM:Supervisor
DATE:15 May 2023
RE:Emilie Southern Preliminary Advice
Thank you for your previous memo. Your next assignment is a research task into a matter that an existing client has brought to our firm.
Her name is Emilie Southern and she is seeking advice about family law. As you know, this is not exactly our area of expertise, but I am keen for our firm to expand more in this area. More information about Mrs Southerns case is provided below. I have also taken the liberty of generating some output from ChatGPT that might assist in getting you started, though I do have some concerns about the quality of the information and that it is unreferenced and does not have enough depth. There are four components to this task, which are outlined below.
Research Plan and Outline (30% of your mark) for this task you need to write out your research plan, identifying key terms and where you plan to search. You must then outline (map) your research, showing how you did the research (where you searched, which sources you used, what you found) and identify any components of your plan that have changed and why (ie adding key words or changing your process) (suggested word count: approximately 400 words)
Draft Letter to Client (50% of your mark) this must outline what the relevant legal principles are and how the relevant law and procedures apply to the clients case. Your letter must reference primary sources (that you have read) but you will also need to consider secondary sources to help you locate and understand the primary sources. Please address each of the questions raised by the client (suggested word count: approximately 700 words)
ChatGPT Reflection (15% of your mark) as part of your assignment you will need to review output provided from ChatGPT. While this will form the starting point for your research, you need to conduct your own research to determine how to advise the client. In your ChatGPT Reflection you will need to reflect on the output provided, consider how accurate and trustworthy it is, and explain how you checked this information. You will need to reflect on the extent to which you used the ChatGPT output in writing your assignment, and also evaluated how you might use ChatGPT in future assessments (where expressly permitted) (suggested word count: approximately 400 words)
Bibliography (this will not count towards your word count but is worth 5% of your mark). This must include all documents that you have consulted during your research (not just those cited in your work). Rule 1.13 of the AGLC will prove useful. You will also need to cite anything used from Chat GPT. The editors of the AGLC have provided the following guidance on this. Note that you can reference the output as being provided to Samantha Kontra on 12 May 2023.
Guidance Example
Output from [program], [creator] to [recipient], [full date]. 1 Output from ChatGPT, OpenAI to John Smith, 23 February 2023.
Discursive text may be used in the footnote to provide information about the prompts used to generate the output, in accordance with rule 1.1.5. 2 Output from ChatGPT, OpenAI to John Smith, 23 February 2023. The output was generated in response to the prompt, Provide an overview of the creation of the Australian Guide to Legal Citation: see below Appendix A.
keep your word count to 1500 words or under. Your bibliography is not included in your word count.
Thanks, Supervisor
File Note Record of Interview
Date: Friday 12 May 2023Time: 9am-11am
Clients details:
Emilie Southern
Address: 12 Lemon Street, Bedford Park
Contact: 0401 234 567 or emilie.s@gmail.comEmilie and her husband Richard met in 2011 and were married in May 2013. They have two children, Rachael aged 9 and Max aged 7. In December 2022 Richard said to Emilie in a private moment that they were no longer compatible and he did not want to be married anymore. He was not seeing anyone else or anything like that, but he did not want to be married. Emilie begged Richard to stay for the sake of the children, and so he moved into the spare bedroom just after Christmas 2022.
In late January Emilie and Richard attempted to reconcile, and he moved back into the marital bedroom. For a few weeks, they even recommenced a sexual relationship. In mid-April 2023 they had a huge fight and he walked out of the home. He has not returned since.
Richard will not return Emilies calls or messages, and is only communicating with the children. Each child received a smart watch for Christmas that allows them to call their mum and dad and receive calls from those numbers. Richard will only talk to the children, and has left messages for Emilie through Rachael, their eldest daughter, saying that his lawyer will be in touch with Emilie. He has also told Rachael and Max that they will soon be moving in with him permanently.
Emilie is distraught. She wants to have a conversation with Richard and work this out. She is very upset that he is only talking to her through Rachael, and is devastated that Rachael has been brought into this.
Emilie is also nervous about what Richard said about the children soon moving in with him permanently. She does not think much of Richards parenting skills. Emilie is an illustrator, and is able to set her own hours and work from home. This means she is around for the children. Richard, however, has a very demanding and well-paid job and often only returns home very late at night, after the children (and often Emilie herself) are in bed. He then leaves early in the morning before the children have woken up. He really only spends time with the children on Sundays. Emilie is concerned that Richard will not be able to take care of the children. As a result of this she would like full custody of both children.
Emilie is also concerned about the custody arrangements for the pets. They have two cats, a rabbit, a large aquarium filled with fish and a very large dog named Bruno. While the dog technically belongs to the children, he is registered in Richards name. Richard does like the dog, and enjoys taking him for walks. Emilie thinks her children will be devastated if they cannot keep their pets, particularly Bruno.
Ultimately, Emilie would like advice on three areas:
What are the legal requirements for divorce and how can she go about getting a divorce from Richard?
What are the legal requirements for custody of her children, and is she likely to retain full custody?
What are the legal requirements for custody of the pets, and will they be able to stay with Emilie and the children?
Chat GPT Output (accessed by Samantha Kontra, 15 May 2023)
Dear Ms. Southern,
I understand that you are going through a difficult time with your husband, and that you are concerned about your pets as well as the welfare of your children. As a family lawyer, I want to provide you with some guidance on how to proceed in this situation.
Based on the information you have provided, you may have grounds for divorce and could also seek custody of your children and pets. However, it is important to understand that the legal process for divorce and child custody can be complex, and it is essential to have a clear plan of action and obtain the right legal advice.
Given that your husband is now only speaking to the children, it is important to consider the impact of this on their well-being and ensure that they are protected during the legal process. Additionally, the welfare of your pets must be considered as well. I recommend that you engage the services of a qualified family lawyer who can provide you with legal advice on your rights and obligations regarding divorce, child custody, and pet custody, as well as support you in advocating for the best interests of your family and pets.
In terms of the legalities of applying for divorce, you can apply for divorce in Australia after you and your husband have been separated for at least 12 months. You will need to complete an application for divorce and file it with the Family Court of Australia or the Federal Circuit Court of Australia. Your lawyer can assist you with this process and help you understand the legal requirements for applying for divorce.
Regarding child custody and pet custody, if you cannot reach an agreement with your husband, you may need to file an application with the Family Court or Federal Circuit Court of Australia for orders regarding the custody of your children and pets. The court will consider the best interests of your children and pets when making a decision. Your lawyer can also help you understand the legal process for seeking custody and advise you on the best approach for your situation.
It is important to prioritize the well-being of your children and pets and work towards a cooperative and amicable resolution with your husband, if possible. If you need assistance, various support services are available, including counseling, mediation, and family support services.
Please note that divorce, child custody, and pet custody proceedings can be emotionally challenging, and it is important to take care of yourself and your family during this time. If you have any further questions or concerns, please do not hesitate to contact me or your lawyer for assistance.
Yours sincerely,
[Your name] Lawyer at [Law Firm Name]
LLAW1312 Case Study: Letter of Advice Marking Rubric
Marking Criteria Marks Awarded Comments
Research Plan (maximum 10 marks) and Outline (maximum 20 marks) =autosum Your research plan provides a sufficiently detailed summary of how you intend to go about your research is written in a way that is specific to this assignment (with use of the scenario/facts as relevant) (10 Marks) Your research outline is sufficiently detailed to allow the reader to repeat the research path undertaken, using various databases and finding a variety of sources. Your research outline elaborates on your research plan by identifying areas in which you amended your plan (eg by adding additional key words or by changing your research process) (20 Marks) Letter of Advice (maximum 50 marks)
Suggested word count: 700 words Letter Structure: you demonstrate an understanding of the requirements of the assignment, the way you separate the issues are clear and logical to the reader, and your ideas flow in a logical sequence (5 marks) Primary sources used: you have demonstrated a good understanding of relevant Australian law using legislation and the authorised (or most authoritative) versions of cases (10 marks) Secondary sources used: you have appropriately used secondary sources to add depth and context to your analysis of primary sources (5 marks) Legal analysis: you have applied the law to the clients case (15 marks) Writing: your writing shows professional attention to detail, you implement a range of plain English writing techniques to good effect, you have impeccable punctuation, grammar and spelling, and your writing style is lively, clear and efficient, and communicates your legal analysis well to your reader (10 marks) Referencing: you comply with AGLC referencing conventions, provide pinpoint references where necessary, and acknowledge the source of all words and ideas that are not your own (5 marks) ChatGPT Reflection (maximum 15 marks) Reflect on the accuracy and trustworthiness of the information ChatGPT provided, and explain how you checked this information (5 marks) Reflect on the extent to which you used the output provided by ChatGPT in writing your assignment (5 marks) Evaluate how you might use ChatGPT (when permitted) in future assignments (5 marks) Bibliography (maximum 5 marks)
Not counted towards your word count Your paper includes a bibliography, containing all sources that you consulted in preparing the assignment. This includes a variety of sources, all referenced according to the AGLC (5 marks) Total Marks / 100 =SUM(ABOVE) 0
