LAW 6501 - Foundations of the GDLP
North Terrace Campus - Summer - 2014
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General Course Information
Course Details
Course Code LAW 6501 Course Foundations of the GDLP Coordinating Unit Adelaide Law School Term Summer Level Postgraduate Coursework Location/s North Terrace Campus Units 6 Contact Intensive Assessment Assessment in this course will include a combination of two or more of the following: letters of advice, drafting, interviewing and advising, practical legal research, demonstration of advocacy skills, online quizzes, multiple choice questions and discus Course Staff
Course Coordinator: Maree Cutler-Naroba
In the first instance, students are to contact the GDLP Program Director, Maree Cutler-Naroba at maree.cutler-naroba@lawsocietysa.asn.au.
The GDLP Program Director will then contact the appropriate Course Supervisor if further clarification of the student query is needed.
Course Supervisors
Kate Crocker: Interviewing and Advising
Cathy Mayfield: Legal Writing and Drafting
Lorna Hartwell: Practical Legal Research
Greg Rooney: Negotiation and ADR
Advocacy Team:
Helena Jasinski: Civil Trial Preparation
Carrie Demertzis: Open and Closing Addresses
Kos Lesses: Examination in Chief and Cross Examination in ChiefCourse Timetable
The full timetable of all activities for this course can be accessed from .
LECTURES
For Foundations there are 20 hours of lectures: the lectures are pre-recorded and available online.
There are NO face to face lectures.
SEMINARS
For Foundations there are 24 hours of Seminars divided into the following blocks of time
All Seminars are compulsory
Students enrol in ONE seminar group ONLY
• Interviewing and Advising 2 hours
• Legal Writing and Drafting (Letter Writing) 2 hours
• Legal Writing and Drafting (Memorandums and Affidavits) 2 hours
• Foundations of Taxation 4 hours
• Negotiation 2 hours
• ADR 2 hours
• Practical Legal Research 4 hours (2 hours at Library, 2 hours at Computer Lab)
• Case Concept and Case Theory 2 hours
• Opening and Closing Addresses 2 hours
• Examination in Chief and Cross Examination in Chief 2 hours
PRACTICAL 2 hours
This Practical is compulsory
Students enrol in ONE group only: Foundations Advocacy Practical
Students will be in small groups for the purpose of practicing their assessment for the Advocacy Day at the District Court.
OFF-SITE SEMINAR
Seminar is off site at the District Court 5 hours
This Foundations Seminar at the District Court is compulsory
The morning session will involve assessment and the afternoon session will involve a Mock Trial -
Learning Outcomes
Course Learning Outcomes
The specific learning objectives for each module within the Foundations course are:
Interviewing and Advising
1. understand how to prepare and structure an effective client interview
2. be aware of issues regarding authority, capacity and cultural effectiveness
3. develop your listening and questioning techniques
4. establish a professional relationship with the client
Legal Writing
5. develop strategies for effective legal writing, such as varying your language to suit the audience and writing in plain English
Legal Drafting
6. develop the skills to draft common legal documents such as an affidavit
Practical Legal Research
7. establish a strategy to undertake systematic legal research
8. use paper and electronic resources to efficiently research legal and factual problems involved in a matter
9. keep your research up to date
10. present the results of your research
Negotiation and Alternative Dispute Resolution
11. the alternatives for resolving legal disputes, specifically negotiation and mediation
12. the skills of legal negotiation and mediation including styles and strategies’
Advocacy
13. understand how to present a case for an appearance or for trial
14. develop a case theory which incorporates the client’s instructions
15. prepare and present a submission to a senior member of the legal profession taking into account the instructions given and advocacy skills to examine the use of a case concept and presentation styles
Taxation
16. develop an understanding of the taxation areas which underpin other GDLP courses: Capital Gains Tax (CGT), Stamp Duty (SD) and Goods and Services Tax (GST).最新糖心Vlog Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
最新糖心Vlog Graduate Attribute Course Learning Outcome(s) Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1 to 16 The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 1 to 16 An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 1 to 16 Skills of a high order in interpersonal understanding, teamwork and communication. 1 to 16 A proficiency in the appropriate use of contemporary technologies. 6, 8, 9, 10 A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 1 to 16 A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 1 to 16 An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 2, 3, 4, 12, 13, 15, 16 -
Learning Resources
Required Resources
Seminar resources are available on MyUni ONLY. Please NOTE there will be no hard copy of seminar resources printed. Students must bring along an electronic device to seminars so that they can access seminar materials. Reading resources are also available on MyUni, along with supplementary non-assessed online quizzes and activities to enhance your learning.Recommended Resources
Note: all of the resources below are provided to students ONLINE.Interviewing and Advising
Due to the emphasis on the currency of legal practice, other materials may be added after the course outline has been posted.
Details of supplementary readings and resources will be posted online under the Content section of Foundations.
- Crocker, Kate, Interviewing and Advising – compiled readings, The Law Society of South 最新糖心Vlog, 2012.
- Staveley, Ben, Writing Correct English (Freshfields Bruckhaus Deringer LLP, 2010)
- Chapter 40: Communication Fundamentals) in Gordon Lewis, Emilious Kyrou and Albert Dinelli, Handy Hints on Legal Practice (Lawbook Company, 2004), 321.
- Chapter 41: Correspondence in Gordon Lewis, Emilious Kyrou and Albert Dinelli, Handy Hints on Legal Practice (Lawbook Company, 2004), 322, 330.
- Chapter 45: Email in Gordon Lewis, Emilious Kyrou and Albert Dinelli, Handy Hints on Legal Practice (Lawbook Company, 2004), 349, 354.
- A Plain Language Vocabulary in Michèle M Asprey, Plain Language for Lawyers (The Federation Press, 3rd ed, 2003) 219-226.
- Chapter 47: Drafting in Gordon Lewis, Emilious Kyrou and Albert Dinelli, Handy Hints on Legal Practice (Lawbook Company, 2004), 366, 369.
- District Court Civil Rules, 2006, 162, 163, 164, 167,
- District Court Civil Rules, 2006, 131, 139,
- District Court Practice Directions 2006 (Part I), Direction 3.1 – Contents of Affidavits (Rule 162),
- District Court Practice Directions 2006 (Part II - Forms), Form 14 – Affidavit,
- District Court Practice Directions 2006 (Part II - Forms), Form 16 – Interlocutory Application,
- Lunn, R M, Butterworths Annotated Acts: Annotated Supreme and District Court Civil Rules 2006 South 最新糖心Vlog (LexisNexis Butterworths, 2009)
- Bott, B, Cowley, J and Falconer, L, Nemes & Coss' Effective Legal Research (LexisNexis Butterworths, 4th ed, 2009)
- Milne, S & Tucker, K, A practical guide to legal research (Lawbook Co, 2nd ed, 2010)
- Watt, R & Johns, F, Concise legal research (Federation Press, 6th ed, 2009)
- Citation (essential)
- Melbourne 最新糖心Vlog Law Review Association, 最新糖心Vlogn Guide to Legal Citation, (AGLC,) (MULRA, 3rd ed, Mar 2010)
- Slattery, M. J. QC. The Spedley Mediation from the Inside, New South Wales Bar News. 1993 Ed 27
- Rooney, G.W. Mediation and the Rise of Relationship Contracting - A Decade of Change for lawyers- Law Society of South 最新糖心Vlogn Bulletin, Volume 24, Number 7, August 2002
- Angyal, R. SC. The Ethical Limits of Advocacy in Mediation The New South Wales Bar Association – Bar Practice Course 1/2011 - FRIDAY 20 MAY 2011 http://www.civiljustice.info/profstan/5/
- O’Connor, Claire, Notes on Opening and Closing Addresses, The Law Society of South 最新糖心Vlog, 2010.
- Glissan, JL and Tilmouth, S, Opening in Advocacy in Practice, Cross Examination: Practice and Procedure (3rd ed, Butterworths, 1998), 15, 22.
- Glissan, JL and Tilmouth, S, Closing in Advocacy in Practice, Cross Examination: Practice and Procedure (3rd ed, Butterworths, 1998), 178, 194.
- O’Connor, Claire, Preparing Your Case for Trial, The Law Society of South 最新糖心Vlog, 2005.
- O’Connor, Claire, Expert Evidence in the Court – Examination and Cross Examination, The Law Society of South 最新糖心Vlog, 2007.
- Micallef, Tracee, Tips on Appearing in Court – Advocacy Etiquette, The Law Society of South 最新糖心Vlog, 2012.
- Income Tax Assessment Act 1997 (Cth) pt 3-1 and pt 3-2
- A New Tax System (Goods and Services Tax) Act 1999 (Cth) pt 2-2, sub-div 38-E, sub-div 38-J, sub-div 38-O, div 40, div 75, div 195
- Stamp Duties Act 1923 (SA) pt 1, pt 2, pt 3 div 1, pt 3 div 6, pt 4, sch 2
Online Learning
All course materials are provided on My Uni. This includes readings, seminar materials, assessment information and instructions, and audio recordings of lectures. Students are expected to check MyUni frequently over the time of the course, to keep up to date with these materials and additional learning resources. -
Learning & Teaching Activities
Learning & Teaching Modes
The course will be taught through online lectures supported by face to face interactive problem-solving seminars and practical exercises developing primary material.
Students must come prepared for seminars with prior reading of material and draft responses to the seminar questions. Students must arrive on time for the seminars. If students have not prepared seminar responses and/or have arrived more than 10 minutes late they will be asked to leave the seminar group and enrol in another seminar group.
A reminder that students MUST bring along an electronic device to the seminars so that they can access the seminar material electronically.
Attendance is necessary to ensure that students are part of an interactive and reflective learning environment (which enhances learning outcomes of the substantial material covered) and develop their skills of oral presentation, teamwork and persuasion (valuable communication skills in professional environments).
Preparation for seminars is an essential element of this course. The necessary interactive learning environment in a seminar cannot be achieved without informed participation from all students. Further, by working in small groups within seminars to answer some questions, students develop skills of teamwork. Moreover, active participation in seminar discussions requires students to develop their skills of oral presentation, and their abilities to persuade others through the use of reasoned argument.
Students who, due to disability, compelling medical or compassionate reasons, or in exceptional circumstances, are unable to attend the required number of seminars, may complete alternative work in lieu of attendance. The precise nature of this make-up work will depend on the seminar missed and will be negotiated with the GDLP Program Director. Students should inform the GDLP Program Director at the earliest opportunity if they will require this permission.
For these reasons seminar attendance is compulsory and active participation is required.Workload
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
There will be 20 hours of online lectures and 24 hours of face to face seminars during the course.
Foundations is a 4 week intensive course.
In addition to the lectures and seminars, we recommend that you spend 8 hours per week in private study which includes reading the material, preparing for lectures and seminars and undertaking the assessment tasks.Learning Activities Summary
Lecture and Content Course Supervisor Seminars Additional Notes Assessment Lecture 1: Interviewing and Advising
2 hours
Watch the lectures and complete the associated online activitiesKate Crocker Seminar 1: 2 hours
Take notes from an initial client interview which will form the basis of the assessmentN/A Interview and Letter of Advice Assessment
15% Draft a letter to the client based on the interview seminarLecture 2: Legal Drafting and Writing
2 hours
Focus:
Letter Writing
Watch the lectures and complete the associated online activitiesKate Crocker Seminar 2: 2 hours
Drafting Client Letters of AdviceN/A Legal Writing and Drafting Workbook
15% Draft a memorandum and an affidavit relating to a dispute
Taxation Workbook
15% The assessment will comprise three parts: CGT, Stamp Duty and GST.Lecture 3: Legal Drafting and Writing
2 hours
Focus: Memorandums and Affidavits
Watch the lectures and complete the associated online activitiesCathy Mayfield Seminar 3: 2 hours
Drafting Memorandums and AffidavitN/A Foundations of Taxation
Lecture 4:
Capital Gains Tax (CGT)
1.5 hours
Lecture 5:
Stamp Duty
1.5 hours
Lecture 6:
Goods and Services Tax (GST) 1 hour
Watch the lectures and complete the associated online activitiesJudy
ChoateSeminar 4: 2 hours CGT
Seminar 5: 2 hours GST and SD
You will complete practical problems in the seminars which apply the knowledge gained in the lectures and online questions.N/A Practical Legal Research
No lecture,Lorna Hartwell Seminar 6: 2 hours
Electronic research resources
you will complete this seminar in a computer lab.
Seminar 7: 2 hours
Hard copy research resources you will complete this seminar in the UA Law School library or the LSSA library (to be confirmed)For each seminar group when you attend the class you will be divided into 2 smaller groups: one will go to the computer lab and one will go to the Law School or UA Law Library Interim PLR assessment
5% Complete the online multiple choice questions.
Final PLR assessment
15% Produce and present a piece of legal research in a manner that can be understood by its intended reader on first readingLecture 7:
Negotiation
2 hours
Watch the lectures and complete the associated online activitiesGreg Rooney Seminar 8: 2 hours
You will engage in a negotiation exercise to experience first-hand positional and interest-based bargaining tactics.N/A Negotiation and Mediation Assessment
10% The assessment will be a reflective essay on your seminarsfrom Negotiation and ADRLecture 8:
Alternative Dispute Resolution
2 hours
Watch the lectures and complete the associated online activitiesGreg Rooney Seminar 9: 2 hours
You will engage in a mediation exercise to explore the difference between facilitative and evaluative mediation styles.N/A
Lecture 9:
1 hour
Cultural Awareness Issues: Aboriginal and Torre Strait IslandersNo seminar but students are to view the online materials and associated activities N/A No assessment. Advocacy
Lecture 10:
Civil Trial Preparation
1 hour
Lecture 11:
Opening and Closing Addresses
2 hours
Lecture 12:
Examination in Chief and Cross Examination in Chief
2 hours
Watch the lectures and complete the associated online activitiesHelena Jasinski
Carrie Demertzis
Kos LessesSeminar 10:
2 hours
Prepare for a Civil Trial based on a client fact scenario
Seminar 11:
2 hours
Prepare an opening or closing address based on a client fact scenario
Seminar 12:
2 hours
Prepare examination in chief and cross examination in chief based on a client fact scenarioPractical: 2 hours
Advocacy Practical for District Court Assessment
Students will be allocated tasks to examine in chief and cross examine witnesses. All students will also practice a opening or closing address.
Students will play the part of the witnesses for their colleagues.
Students will prepare as if acting for either side so that assessors can see that you have prepared the whole case.
Special Seminar: 5 hours
Advocacy Seminar District Court Day
Session 1:
Assessments
Advocacy 2 and 3
Session 2:
Mock TrialAdvocacy 1: Preparation for a Civil Trial 5%
Advocacy 2: Presentation of Opening or Closing Address 10%
Advocacy 3: Presentation Examination in Chief and Cross Examination in Chief 10%
Your Advocacy Assessments 2 and 3
will be submitted at the District Court.Specific Course Requirements
The course is based on the rules of the Legal Practitioners Education and Admission Council (LPEAC) 2004 which specifies the expected competency standards for entry level lawyers at the point of admission. In order to pass this course you are required to demonstrate competence in these standards. Consequently, compulsory attendance and active participation in seminars is required. -
Assessment
The 最新糖心Vlog's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment Summary
Assessment item % of final mark Availability and deadline Group or individual assessment Redeemable Learning objectives Interview and Letter of Advice 15% Available:
23/1/14, 9am
Deadline:
30/1/14, 5pmIndividual Yes 1,2,3,4 Legal Writing and Drafting Workbook 15% Available:
28/1/14, 9am
Deadline:
4/2/14, 5pmIndividual Yes 5, 6 Taxation Workbook Assessment 15% Available:
31/1/14, 9am
Deadline:
7/2/14, 5pmIndividual Yes 16 Negotiation and ADR Assessment 10% Available:
3/2/14, 9am
Deadline:
10/2/14, 5pmIndividual Yes 11,12 Interim PLR assessment - multiple choice questions 5% Available:
3/2/14, 9am
Deadline:
9/2/14, 5pmIndividual Yes, but alternative task can be set 7, 8, 9, 10 Final PLR assessment – Legal Research 15% Available:
4/2/14, 9am
Deadline:
12/2/14, 5pmIndividual Yes 7, 8, 9, 10 Advocacy: Preparation for a Civil Trial 5% Available:
28/1/14, 8am
Deadline:
8/2/14 at District CourtIndividual Yes 13,14,15 Advocacy: Presentation of Opening or Closing Address 10% Available:
28/1/14, 9am
Deadline:
8/2/14 at District CourtIndividual Yes 13,14,15 Advocacy: Presentation of Examination in Chief or Cross Examination 10% Available:
28/1/14, 9am
Deadline:
8/2/14 at District CourtIndividual Yes 13,14,15 Students who are graded a Fail for any of the above assessments can redeem by up to 50% by revising and resubmitting the assessment piece.
Assessment Related Requirements
Attendance and satisfactory participation in seminars is compulsory.Assessment Detail
Unless otherwise stated, there is no prescribed word limit for assessments.
This is because the purpose of the GDLP is to transition you from academic study into professional employment. In a workplace it is highly unlikely you are going to be told a certain number of words or pages for the tasks you are asked to complete.
However, in the majority of assessments guidelines will be provided.
The quality of English expression is considered to be an integral part of the assessment process.
Marks may be deducted from assessment because of poor expression, incorrect grammar, typographical errors etc.
Presentation is to be single spaced and 2.5cm left margin.
Assessments will be returned to students within 3 weeks of the due date, unless otherwise notified by the GDLP Program Director through a Course Announcement.
The marked and scanned copy of assessments will be returned via email.Submission
SUBMISSION
Students must retain a copy of all assignments submitted.
All failed assignments, per 最新糖心Vlog policy, are double-marked before the result is released back to the student. The first and second markers then discuss what the final result will be.
If a student still fails after the double marking process, they have to revise and resubmit the assignment to a pass standard. The maximum mark a student can receive is 50%.
Late submission penalty
Any assignment submitted after the due date without an approved extension will receive a penalty of 5% for every 24 hours of lateness.
Approved extensions are through the GDLP Program Director.
Extensions on medical or compassionate grounds will be in accordance with 最新糖心Vlog Policy.
Late assessments are to be submitted to gldpassessment@lawsocietysa.asn.au
If a student receives a mark between 50 to 55%, but subsequently fails due to late penalties then 50% is the maximum mark they will receive. BUT, in addition, the student will be asked to revise and resubmit a task from the assessment, at the discretion of the GDLP Program Director.
If a student receives a mark of 56% or above, but subsequently fails due to late penalties, then 50% is the maximum mark they can receive. There is not an opportunity to resubmit this assignment.
For example if a student gets 64% and has a late penalty of 20%, giving a result of 44%. This student would get 50% for the assessment and will not be able to resubmit this assignment.
RESUBMISSION
Seven out of eight assessments for this course are redeemable. This means, if you fail the assessment due to the quality of the work (not because of late penalties) then you are able to revise and resubmit the assessment. You have 7 days from the time you are informed by email from the LSSA GDLP Office to resubmit your assessment.
The parts of the assessment you are to resubmit are the parts that you received less than 50% on. You only have ONE opportunity to revise and resubmit your assessment. An alternative task will be set for the non-redeemable assessment.
When your assessment is resubmitted it is marked according to the marking rubric. Your result, for example maybe 64% BUT the most you can receive for a revised and resubmitted assessment is 50%.Course Grading
Grades for your performance in this course will be awarded in accordance with the following scheme:
M10 (Coursework Mark Scheme) Grade Mark Description FNS Fail No Submission F 1-49 Fail P 50-64 Pass C 65-74 Credit D 75-84 Distinction HD 85-100 High Distinction CN Continuing NFE No Formal Examination RP Result Pending Further details of the grades/results can be obtained from Examinations.
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.
Final results for this course will be made available through .
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Student Feedback
The 最新糖心Vlog places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.
SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the 最新糖心Vlog to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.
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Student Support
- Academic Integrity for Students
- Academic Support with Maths
- Academic Support with writing and study skills
- Careers Services
- Library Services for Students
- LinkedIn Learning
- Student Life Counselling Support - Personal counselling for issues affecting study
- Students with a Disability - Alternative academic arrangements
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Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangements Policy
- Academic Integrity Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs Policy
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment Policy
- Reasonable Adjustments to Learning, Teaching & Assessment for Students with a Disability Policy
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
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Fraud Awareness
Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student鈥檚 disciplinary procedures.
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