Law 2582 : Civil Dispute Resolution Assessment

Overview

This assessment task requires you to produce a memorandum of advice addressed to your Principal Lawyer. This will involve consideration of a set of facts which give rise to a set of legal problems and / or policy issues. You will be asked to set out for your principal lawyer a legal analysis of considerations, including legal principles (including case law and legislation) and/or policy issues, or how a court may decide the merits of the client's matter.

The purpose of this assessment is for students to apply the correct law (case law and/or statute) to the issues and in doing so demonstrate legal analysis and critical thinking in their answer in a clear and logical fashion.

Assessment criteria

This assessment criteria are as follows:

• Facts and Applicable Law (8 pts)
• Analysis & argument (12 pts)
• Conclusion (6 pts)
• Writing, Presentation & Referencing (4 pts)

This assessment is relevant to the following course learning outcomes:

• CLO2: Discuss how the legal system seeks to promote access to justice and the related rights and obligations of participants who seek to resolve civil disputes;

• CLO3: Identify the role of parties in litigation; and evaluate the range of available options to resolve civil disputes;

• CLO6: Reflect on and assess personal capabilities and performance in a professional context, and make use of feedback as appropriate, to support personal and professional development;

• CLO7: Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences, and collaborate effectively.

Assessment Details

Below is the problem scenario that you should use in this assessment task. You are to assume the role of an associate lawyer. In accomplishing this assessment task, you are expected to explain your answers using materials from the lectures, textbook, readings, and in-class tutorial discussions covered from Weeks 1 to 8 (inclusive). While you are not expected to do additional research for purposes of this assessment, you are free to refer to any other materials. Nonetheless, only answers related to topics discussed from Weeks 1 to 8 will be considered in marking this assessment.

Please note the importance of the Academic Integrity rules. Familiarise yourself with the policies particularly on the use of AI technology in your assessments. Remember that any breach / investigation involving the academic integrity rules of the university should be disclosed in your application for admission as a lawyer.

AGLC4 is the referencing system which should be used in this assessment.

Problem Scenario

Ethan, age 11, went with his older brother, Sebastian, to a trampoline park operated by BounceWorld Ltd, but owned by the local council of Yarraville. During their visit, Ethan noticed a toy stuck in the foam pit at the edge of the trampoline area. To retrieve the toy, Ethan climbed onto the support beam of the trampoline frame, ignoring signs that prohibited climbing on equipment. While attempting to reach the toy, Ethan lost his grip and fell from the beam, hitting his head on the edge of the trampoline and then the ground.

Ethan sustained a traumatic brain injury, leaving him with permanent cognitive impairments. His brother, Sebastian, witnessed the incident and developed post-traumatic stress disorder as a result of the traumatic event.

Ethan and Sebastian’s parents (‘Parents’) are now seeking to hold BounceWorld Ltd. liable, arguing that the park failed to provide adequate supervision and safety measures to prevent such incidents. To help them articulate the specific steps that they need to take, the Parents have requested to have a meeting with your Principal Lawyer, James McDougall. During that initial meeting, which you also attended, the Parents have asked if the law firm can provide guidance on the following questions:

• As regards the Statement of Claim, what core factual allegations must be pleaded at a minimum? What initial considerations and procedural requirements (if any) should be addressed before filing proceedings?
• If the Parents decide to also bring a claim against Yarraville Council, what difficulties may arise in effecting service when the defendant is a legal entity or local government body?
• Once the Parents serve a writ and statement of claim on BounceWorld Ltd and Yarraville Council, what procedural steps must each defendant take in response to the documents received?
• Both BounceWorld Ltd and Yarraville Council have sent letters offering to settle (Annex A and B). In BounceWorld’s case, the deadline has already passed. What are the legal implications of such letters, including any potential consequences for costs?

• If both BounceWorld Ltd and Yarraville Council propose mediation, can the Parents refuse to participate? On what basis (if any) can the court compel them to attend mediation?
• The Parents suspect that officers of BounceWorld Ltd have attempted to destroy evidence, such as CCTV footage, claiming technical malfunctions on the day of the incident. What interlocutory remedy would be appropriate in this situation? What requirements must the Parents meet, and what steps should they take to comply in order to secure this relief?

James asked you to draft a Memorandum of Advice addressed to him. You need not answer the questions in the same sequence or order. You are free to organise your discussion based on the structure or flow that you think is most appropriate.

Assessment Requirements – Summary

This written assessment required students to draft a Memorandum of Advice addressed to their Principal Lawyer. The task was based on a problem scenario involving legal liability arising from an accident at a trampoline park.

The key requirements were to:

• Identify facts and applicable law, including relevant case law and legislation.

• Provide legal analysis and argument, considering possible claims and defences.

• Reach a clear conclusion about the issues raised by the Parents’ questions.

• Demonstrate professional writing, presentation, and referencing skills in AGLC4 style.

Key Pointers to be Covered:

1. Factual allegations required in a Statement of Claim.

2. Procedural requirements before filing proceedings.

3. Issues with serving a local government body.

4. Procedural steps defendants must take once served.

5. Legal implications of settlement letters and costs consequences.

6. Role and obligations regarding mediation, including court powers to compel.

7. Interlocutory remedies to preserve evidence (e.g., injunctions, discovery orders).

Assessment Criteria:

• Facts and Applicable Law (8 pts)

• Analysis & Argument (12 pts)

• Conclusion (6 pts)

• Writing, Presentation & Referencing (4 pts)

The assessment aligned with course learning outcomes (CLO2, CLO3, CLO6, CLO7), focusing on access to justice, roles in litigation, professional development, and effective communication.

Mentor’s Step-by-Step Guidance

Step 1: Understanding the Task and Scenario

The mentor began by ensuring the student understood the purpose of a Memorandum of Advice: to provide clear, logical, and legally accurate guidance to the Principal Lawyer. The problem scenario was broken down into core legal issues connected to negligence, liability, and civil procedure.

Step 2: Structuring the Memorandum

The student was guided to structure the work as follows:

• Introduction – Brief context and purpose of the memo.

• Legal Issues and Analysis – Addressing each question from the Parents, integrating facts, legal principles, and case law.

• Conclusion – Summarising advice in practical terms for the Principal Lawyer.

• Referencing – Applying AGLC4 consistently.

Step 3: Addressing Statement of Claim Requirements

The mentor encouraged the student to begin with core factual allegations injury, breach of duty, causation, and damage tying these back to case law such as Donoghue v Stevenson and statutory procedural rules.

Step 4: Service on Local Government

The student was guided to examine rules for serving documents on councils, highlighting potential delays or technical issues, and ensuring compliance with statutory notice requirements.

Step 5: Defendant’s Procedural Responses

The mentor explained how each defendant must file a notice of appearance/defence, possibly raise interlocutory applications, and comply with procedural timelines.

Step 6: Settlement Letters and Costs Consequences

The student was prompted to analyse settlement offers, including the implications of lapsed deadlines, Calderbank offers, and potential cost-shifting consequences if offers are unreasonably rejected.

Step 7: Mediation and Court Powers

The mentor guided the student to discuss parties’ ability to refuse mediation, but also emphasised that courts may compel participation under civil procedure rules, highlighting the emphasis on alternative dispute resolution.

Step 8: Interlocutory Remedies for Evidence Preservation

The mentor highlighted the need to consider interlocutory injunctions or orders for discovery, explaining the requirements for granting relief (e.g., serious issue to be tried, balance of convenience) and the steps the Parents must follow.

Step 9: Writing and Referencing Standards

The student received feedback on clarity, logical flow, and professional tone. The mentor reinforced the importance of AGLC4 referencing and the need to cite case law and legislation accurately.

Outcome and Learning Objectives Achieved

By following this structured approach, the student produced a professionally written Memorandum of Advice that:

• Identified the relevant facts and law in a precise manner.

• Applied legal analysis and reasoning to the problem scenario.

• Provided practical and clear advice to the Principal Lawyer.

• Was formatted and referenced correctly in AGLC4 style.

Learning Objectives Covered:

• CLO2 : Demonstrated how the legal system addresses access to justice through pleadings, service, and remedies.

• CLO3 : Identified litigation roles, procedural steps, and alternative dispute resolution mechanisms.

• CLO6 : Reflected on professional practice in drafting legal advice, applying feedback to improve analysis.

• CLO7 : Practiced effective written communication suitable for legal audiences, using structured arguments and precise referencing.

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