Legal Institutions and Process

Legal Institutions and Process

Assessment 2: Template

Example

For each of your ten relevant sources you are required to provide the following information.

Bibliographic citation according to the Australian Guide to Legal Citation (4th ed, 2018). One source of law only

Reference

Make sure it meets all the AGLC reference requirement

In short list format, demonstrate how the source was located. Bullet points of legal research steps taken to locate the source

Summary of how you find it: went to SCU library any searched Australia consumer law, or contract law

Read through the summar or introduction. Just domonsrtarte how you find itn

Initial analysis of the relevance of the source to the factual scenario. Primary source: Detail how/why this source of law has the potential to assist the client by applying the law to the facts.

Primary sources are the law basically, so act, regulation, cases parimantally material

Secondary source: Detail how/why this secondary source assists you in understanding the relevant area of law and how it will assist you in your advice to the client.

Secondary sources are books, websites, journals, youtube, blogs anything else not primary

Explanation why that source? This why I think this book this article is relevant to my client why does it matter with your client, for example this article deal with breach of contract and how you obtain compensation

For example: not really good exampleI found thus journal article to be very interesting because it talks about ICl remedies and our client is likey to want to seek remedy about the ICL,

Good example: page 7 of this journal articles, the author talks about the circumstances under which compensation has beed granted by the federal court in ACL matters and the court has said these thing need to be here, theses relevant to my client because I am gonna need to ask questions about this stuff, or he is gonna need to hav evidence of ABC.

Notes

The Australian Guide to Legal Citation (the AGLC)

The citation for each source (top cell) must be in accordance with the formatting style outset out at rule 1.13 of the AGLC, including relevant headings (note that in some instances you might have to check other rules too to enable you to accord with rule 1.13). You will also need to check other rules to comply with rule 1.13 and for the initial analysis.

The AGLC is available at: https://law.unimelb.edu.au/mulr/aglc/about

Word count: only the initial analysis is included in your word count (ie: only cell 3).

Categories of sources: remember to include at least one source from each of the categories cases, legislation and secondary materials. It is suggested that a logical order would be to start with the general law (common law and equity) and then move to the current applicable legislation (because that order traces the line of development of remedies).

This page and its example are not to be included as part of your work start your ten sources from the following page.

Annotated list of ten legal sources

Note: ten sources that are relevant to the clients facts and

have the potential to assist in obtaining recourse/remedies

Source 1

Bibliographic citation according to the AGLC (4th ed, 2018). Details of how the source was located in short list format. Initial analysis of the legal relevance of this source to the factual scenario.

Source 2

Bibliographic citation according to the AGLC (4th ed, 2018). Details of how the source was located in short list format. Initial analysis of the legal relevance of this source to the factual scenario. Source 3

Bibliographic citation according to the AGLC (4th ed, 2018). Details of how the source was located in short list format. Initial analysis of the legal relevance of this source to the factual scenario. Source 4

Bibliographic citation according to the AGLC (4th ed, 2018). Details of how the source was located in short list format. Initial analysis of the legal relevance of this source to the factual scenario. Source 5

Bibliographic citation according to the AGLC (4th ed, 2018). Details of how the source was located in short list format. Initial analysis of the legal relevance of this source to the factual scenario. Source 6

Bibliographic citation according to the AGLC (4th ed, 2018). Details of how the source was located in short list format. Initial analysis of the legal relevance of this source to the factual scenario. Source 7

Bibliographic citation according to the AGLC (4th ed, 2018). Details of how the source was located in short list format. Initial analysis of the legal relevance of this source to the factual scenario. Source 8

Bibliographic citation according to the AGLC (4th ed, 2018). Details of how the source was located in short list format. Initial analysis of the legal relevance of this source to the factual scenario. Source 9

Bibliographic citation according to the AGLC (4th ed, 2018). Details of how the source was located in short list format. Initial analysis of the legal relevance of this source to the factual scenario. Source 10

Bibliographic citation according to the AGLC (4th ed, 2018). Details of how the source was located in short list format. Initial analysis of the legal relevance of this source to the factual scenario.

Legal Institutions and Process

Assessment 2: Annotated Bibliography

Due: By 9 a.m. on Monday of Week 4 (NSW time)

Weighting: 40%

Word Limit: 1,500 (only cell 3 counts towards the word limit)

Learning Outcomes

Assessment 2 assesses the following Learning Outcomes:

describe the ways in which formal law-making bodies function in the Australian context

demonstrate familiarity with the formal and informal institutions and processes which shape the development of Australian law

engage in legal research utilising and acknowledging a variety of sources.

You work in in a legal practice and must undertake initial research to advice to the firms client, Anton. Anton has detailed the following facts.

Factual Scenario

Best Baby Baths is a company which specialises in the sale of baby bath aids. The company operates in and is registered in Victoria. Bill is the director of the company.

Klean Kids Pty Ltd is the company which manufactures the bath aids for BBB. Klean Kids also operates in and is registered in Victoria, and Kon is the director of the company.

In his capacity as director of Klean Kids, Bill sends a written order for 1,000 baby bath aids to Kon. Bill includes clear instructions that the bath aids must include a permanent warning which is in complete accordance with the Product Safety Australia Mandatory Standards. Bill expects to get $90,000 worth of retail sales for the baths.

On the basis of the order, Kon manufactured 1,000 baby baths aids and sent them to Bill. The bath aids have the Best Baby Baths logo printed on them.

When Bill inspected the bath aids he discovered that, contrary to the mandatory standards, they are not permanently marked with the requisite warning. Bill refused to pay and returned the bath aids to Klean Kids.

Klean Kids Pty Ltd incurred costs of $30,000 for the order. Kon was afraid of losing further contracts with Best Baby Baths and so accepted the returned bath aids but also did not want his company to have to cover the $30,000 in production costs. So, rather than destroying the non-compliant bath aids, he decided to sell them via an online site to recoup those costs. He also decided that he ought to include the warning after all so he printed the required warning on paper labels with regular ink and attached them to the baby bath aids.

Kon then advertised the bath aids as a Buy It Now purchase on an online site a direct wholesale site. To create the advertisement and to enter the site and to provide the item description and bidding details, Kon provided the full name, ACN and contact details of Best Baby Baths. But for the payment, he used the account details of Klean Kids Pty Ltd.

To push things along a little, Kon included the following as part of the advertisement:

This advertisement will automatically close in ten seconds. But if you click to buy these bath aids within that time then they will be available at the fabulously discounted price of $30,000.

Anton is a sole trader of a small sustainable childrens store in Victoria. While looking online for new stock he saw the ad and recognised the company name of Best Baby Baths. He had used the companys products in the past and had been very pleased with the quality and compliance and how well they had sold, so he put in a bid of $30,000 and won the wholesale auction.

Kon was keen to get the bath aids off his premises so he delivered the goods to Anton on credit, noting he had 30 days to pay the $30,000. When the bath aids arrived, Anton inspected them and discovered the mandatory warning was non-compliant and thus he could not legally sell them.

Anton now seeks your firms advice about any possible methods of recourse against Klean Kids Pty Ltd at common law, equity and statute law.

The file has been allocated to you. You must now undertake some initial legal research to:

(i) to locate ten sources that are relevant to advising Anton

(ii)to cite those sources and to demonstrate how you found them, and

(iii) undertake an initial analysis of each source to indicate how and why it might assist Anton to achieve any remedies potentially available to him.

NOTES RELEVANT TO THE COMPLETION OF ASSESSMENT TASKS

(A) GENERAL NOTES

Assessment 2 is a task to develop your legal research and writing skills, and to start you on the track of thinking about how the law can be applied in different situations (or not). The focus is on training you to be able to look at a factual situation and to make an assessment about what are the material facts (that is, the legally relevant facts) that have the potential to enliven areas of the law and:

to locate some of that law using legal research steps

to cite those sources in accordance with the AGLC style

to give an initial account about why there is an arguable fit (between those facts and the source of law that has been cited as potentially applicable).

The ability to make the assessment about what is potentially applicable law comes with a little knowledge of the law and with experience. And the fact that you are not expected to know the potentially applicable law in this task in advance or in detail is the reason you have been provided with the areas of law that are potentially applicable (see point (2) below). You will be assessed primarily on (please see the Marking Guide also):

how you cite sources of law

demonstration of legal research steps

demonstrate the development of a relevant approach to connecting and considering the relationship between facts and potentially applicable law.

In terms of the relationship between Assessment 2 and Assessment 3, the following is noted. The ultimate purpose of Assessment 3 is to consider and to assess the ACCC statement provided in the instructions for that task. However, rather than undertaking that consideration and assessment in the abstract, you are to use the factual scenario of Assessment 2 (using the research you do for this task and you can add new research if you wish) to provide some initial grounding for the Assessment 3 discussion. This means that in Assessment 3 you can start by discussing what your clients situation is likely to be and then to use that discussion as a reference point when you move on to the main purpose of Assessment 3 which, as noted, is to consider what the ACCC statement says. In other words, use your clients situation as a platform to consider and to discuss how well the Anglo-Australian legal system is working for people in situations similar to your clients, including some overview of the historical development of this law and some critical assessment of how well it is working. There is not right or wrong answer in this task it will be the quality of your argument and discussion that matters.

(B) ASSESSMENT 2 ANNOTATED BIBLIOGRAPHY

For the moment, while you ought to be aware of what will be required in Assessment 3, your focus is Assessment 2.

Read the factual scenario and these instructions carefully.

Research the law that arises from these facts. You are instructed that the factual scenario potentially enlivens laws primarily in the areas of:

contract law including remedies in contract law and/or equity

misleading and deceptive conduct together with public enforcement action in statutory consumer law

product safety labelling standards together with public enforcement action in statutory consumer law.

Note:

these are the areas of law to consider remember a part of your task is to make a final decision about which areas of law are ultimately applicable to the facts.

As a starting point for your research you are referred to the following materials:

Paterson, Jeannie, Consumer Affairs: Introducing the new, National Australian Consumer Law (2011) 36(1) Alternative Law Journal 50

Andrew Coleman et al,Law in Commerce(Lexis Nexis, 7th ed, 2020). Note: this text covers both the general law (common law and equity) and statutory law. At this stage you are not expected to know this law in detail, but it will be possible for you get some sense of how the areas of law mentioned above could be applied to the facts. For this purpose, you might find the following paragraphs helpful: [3.21-3.44], [4.1]-[4.6], [4.7]-[4.13], [4.22], [6.9], [7.12] on, Chapter 8 is about common law remedies note these will more difficult for the client to achieve on this point see [8.61] which notes the broad powers under the ACL, Chapter 9 is about the ACL and is relevant to consider.

The Australian Consumer Law: A framework overview. Note: this material is accessible as a Word document only. The link to the Word document appears on line 4 of the text (note the link to the PDF document does not work): https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwj3x5uRnMfsAhXHbX0KHUUuDDIQFjAAegQIBhAC&url=https%3A%2F%2Fconsumerlaw.gov.au%2Fsites%2Fconsumer%2Ffiles%2F2015%2F06%2FACL_framework_overview.docx&usg=AOvVaw3fPMy7cQbRGXL9KdS5UxFbThe Australian Consumer Law: A Guide to Provisions: https://www.publications.qld.gov.au/dataset/1b96f0f9-1d84-44b4-9448-7d871dbd3b9d/resource/a9a1cc75-3b45-44fb-a08d-33d1e6ac7c10/fs_download/aclguidetoprovisions.pdfAustralian Consumer Law notes prepared by Digby Von Muenster Law see documents attached to Assessment 2 instructions

Australian Competition and Consumer Commission, Product Safety laws Mandatory standards https://www.productsafety.gov.au/product-safety-laws/safety-standards-bans/mandatory-standardsBeaton-Wells, Caron Private Enforcement of Competition Law in Australia Inching Forwards? (2016) 39 Melbourne University Law Review 681. Note: this article is about competition law but it does have broader contextual value for Assessments 2 and 3 which are based on/oriented towards consumer law. This article is especially useful for Assessment 3.

Note

These materials contain more than is relevant to the facts of the scenario; part of your task is to analyse which parts of the materials are relevant.

Use the template to create an Annotated Bibliography in which you undertake research and analysis for relevant law and include the ten most relevant sources located.

Your sources must include at least one source from each of the following categories:

a case,

legislation, and

a secondary source.

The template includes three cells for you to populate:

the top cell requires you to reference the individual source according to the AGLC referencing style for Bibliographies (see the example source citation styles in rule 1.13);

the middle cell requires you to demonstrate how you located the source contained in your Bibliography in a short list underneath each source. Document your research steps in an abbreviated list form (dot points is acceptable for this step). Check your method is clear and briefly states each step taken to locate the information. Note: including something like Database does not demonstrate any relevant legal research skills;

the bottom cell requires you to provide an initial analysis of the relevance of the source to the factual scenario. Where relevant, this analysis is required to integrate a description of the or the judicial role of Australian courts and/or the legislative function of Australian parliaments. This means that in addition to saying what aspects of the law are potentially relevant, when relevant, you ought to note how and why the source is relevant (jurisdiction, binding precedent, etc).

With respect to your initial analysis: as much as possible paraphrase the main ideas found in each source. If you do use quotes in this analysis be sure to keep them brief. For the purposes of this Annotated Bibliography (only), you are not required to provide a reference (via a footnote) for any paraphrased ideas (which is usually a requirement in academic work), but you must do so for any direct quotes.

Referencing and regular Bibliography

You are required to include a regular Bibliography at the end of the assignment (and to be included on a new page).

Note: the work of Assessment 2 is the content of the assignment. The task and content are to develop research and analysis skills. This content work does not do the work of a regular Bibliography. For this reason so you must also include a regular Bibliography (that is, separately to the assignment content).

All of your referencing must accord with the with the Australian Guide to Legal Citation (the AGLC) 4th edition

The ten sources in the Annotated Bibliography (listed in the top cell) must accord with the style for entries in a Bibliography. See rule 1.13 of the AGLC for details. Note: you will need to refer to other rules, too, to accord with rule 1.13)

In your initial analysis you may use footnotes; if you do, please be sure to include the sources of those footnotes in the (regular) Bibliography

Any material that is directly used or quoted must be referenced by a footnote and, as noted, that source must be included in the (regular) Bibliography

Material that informs your thinking in general but is not directly used or quoted need not be referenced by a footnote but must be included in the (regular) Bibliography at the end. (For future legal assignments, see note 7 above.)

Note re AGLC in general: note the AGLC covers matters other than direct citation of sources. For example quotes are to be in single quote marks (double quote marks only for quotes within quotes). For these general rules, see especially Chapter 1, additionally note they occur throughout the AGLC.

Materials provided at (3) above: it is not required to include any or all of these materials as one of your ten sources, but you may do so if you think any of them is among the ten most relevant sources. Note:

If provided material guides your learning and further research but you do not include it in your ten sources, then you must include it in the regular Bibliography that must be included with this paper (as noted Assessment 2, while developing research and bibliographic skills, does not do the work of a regular Bibliography)

similarly, if a provided material refers to other material that assists you in your thinking as you develop your analysis but you do not cite that other material as one of your ten relevant sources or even at all in your analysis then, again because that material has played a role in your thinking, you must include it in the regular Bibliography. For example, if a chapter in a textbook refers to the case of Car & Universal Finance Co Ltd v Caldwell [1965] 1 QB 525 (CA) and you go on to locate the full text of this case and it plays a role in your thinking even though it is not one of your sources or even directly mentioned in your initial analysis, then you must to cite this material in your Bibliography.

Relationship between Assessment 2 and Assessment 3: before you even start Assessment 2 be sure also to read the instructions for Assessment 3 to ensure you appreciate the progression between these two assessment tasks. Assessment 2 is an initial research task and, on the basis of the same factual scenario, Assessment 3 is an essay which will draw on the initial research and analysis undertaken in Assessment 2. It will assist you as you undertake Assessment 2 to have a sense of Assessment 3.

Word Count: only the words of the third cell (the initial analysis of the source) will be counted towards the word count. Given the word count is 1,500 words and there are ten sources, this gives you an average of 150 words for each initial analysis.

Marking Criteria: the marking criteria (which are available to you to view in advance) are developed to assist you to understand the bases upon which your work will be assessed and to have a sense of the standards that will be applied to each criterion. Ensure you address all aspects of the marking criteria in your response.

Submission must include Cover Sheet: your final submission (ie: after you have submitted your paper to obtain a Turnitin result) must include a fully completed Cover Sheet. Insert the Cover Sheet so it becomes the first page of your document.