Assessment 2 – Professional task (viva voce)

Final instructions

This viva voce topic is for students engaged in the deferred viva voce assessment on Tuesday 31 May 2022.

You are to attend the time as indicated in the row next to your student identification number (below).

This document will be re-issued on Friday 27 May 2022 with the addition of your ZOOM stream.

Stream A – https://uws.zoom.us/j/3434486313

Stream B – https://uws.zoom.us/j/2367079417

Your viva voce examination is an opportunity for you to show your examiner that you have mastered the material relevant to your topic. The instructions from the learning guide remain. What follows are a few final clarifications to ensure you are well equipped to properly prepare for your examination.

  1. You are prohibited from discussing this topic with another person until after the viva voce week is concluded. You are expected to work on this problem on your own. Evidence of collusion may result in academic misconduct allegations.
  2. This is an oral examination. It is only involves you and the examiner. The only submissions to be accepted are oral submissions. There are no written submissions. Written submissions will not be accepted by your examiner. Written submissions will not be considered evidence of what you said, or could have said, during your examination.
    • The only exception to this is the written submission that students undertaking the Assessment #1 (individual task) need to complete. That submission is a separate task and is not, and will not be, considered evidence of what you said, or could have said, during the examination. Such students are those who did not contribute to the Assessment #1 (group task).
  3. You will be examined on the material set below and only that material. If you choose to do further research, to assist your understanding, that is a matter for you. Further reading is encouraged if you have difficulty with the set readings, but not essential.
  4. While advocacy protocols are not required for your viva voce, they provide you with key principles of professional legal presentation within which to present your submissions. Specifically, you should remove any reliance on expressing your ‘opinion’ or ‘I think’ type language and make submissions. That is, you should be presenting your analyses of fact and law, or view of a case or the textbook as submissions. You should also be mindful that you have a duty to speak truthfully – akin to a practitioner’s duty to the court – and accordingly should make your submissions understanding that honesty is essential, and that ‘fudging’ an answer is prohibited.
  5. Your viva voce ‘problem’ provides you with a fact scenario upon which you can present submissions. The problem scenario does not cover all the readings you have been set and you will be asked questions about more than just the scenario.
  6. The viva voce is an opportunity for you to show your knowledge and understanding of a broad topic, the application of law to facts and your communication skills. Please check the viva voce marking and feedback sheet for the explicit criteria upon which you will be assessed.
  7. When your session begins you should promptly begin making your submissions. You should begin by introducing yourself and then immediately begin discussing the problem scenario. Your fifteen minutes examination time begins the moment you are asked to begin – so do not delay in getting started.
  8. When you leave the examination please do not engage in discussions with your colleagues about what you just experienced. You may believe you are being friendly and helpful to a student colleague, but, in fact, you would be engaging in academic misconduct by unfairly assisting another student.
  9. It is implied that where a section or rule from the Legal Profession Uniform Law 2015 (NSW), Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW), Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW), or other relevant legislation may be used in your submissions that you will refer to it. It is implied that you will apply the relevant common law where appropriate.
  10. Please do not use flowery language or take too long making your submissions.  You only have fifteen minutes to show your knowledge and understanding – so being concise and accurate are essential.
  11. Prepare well and you will do well.
  12. Do not panic.

Legal Professional Privilege

Readings for this viva voce examination

You are required to read and understand Textbook Chapter 11. You should include in your preparation consideration of relevant case law. In addition to the recommended reading(s) you are also required to consider the lecture and learning materials for Module 6. You must also read the extra case Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited (No 2) [2020] FCA 1013 as found at http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2020/1013.html

The problem scenario below should be examined in the light of the above readings and materials.  Please understand that simply providing submissions to your examiner about this problem scenario may not fully satisfy the requirements for this assessment item. That is, in addition to providing submissions to your examiner about the problem scenario you may also be examined about any other aspect of the readings, materials or extra case set for this viva voce topic. You may be asked questions, about those set readings, materials and case. Please also note that the extra case does not necessarily assist you to answer your problem scenario (although it might). Please also note that where a legislative provision, or professional rule, is applicable you have the obligation to refer to it in your submissions.

Problem scenario

You are a barrister in private practice who works from Seven Hills Chambers. You have been asked to be a junior in prospective litigation by a Senior Counsel from your chambers. You have been forwarded the following matter for consideration.[1]

Katherine has lodged a statement of claim[2] in negligence against the surgeon, Dr Joyce, who operated on the knee of her husband, Scott. Scott died on 21 May 2021 from a pulmonary embolus and global cerebral hypoxia, six days after the knee surgery. Katherine alleges that Dr Joyce was negligent in failing to recommend or order that Scott receive anticoagulation treatment following the operation. During the course of pre-trial litigation a question has arisen over whether legal professional (or client legal) privilege has been waived over a particular document. The question arises as follows. Katherine filed her statement of claim on 16 November 2021. On 17 March 2022, Katherine sought leave to amend her statement of claim to include allegations in relation to Dr Joyce’s alleged negligence in failing to note and consider Scott’s varicose veins. Katherine’s solicitor, Michaelia, swore an affidavit in support of the application to amend (expand) the original statement of claim (‘Michaelia affidavit’). In the Michaelia affidavit, Michaelia referred to a telephone conversation she had in relation to Katherine’s case, in the following terms:

On 22 January 2022 I had a telephone conversation with an orthopaedic surgeon. In the course of that discussion the surgeon asked me some questions about the post-operative pain suffered by Scott and also mentioned varicose veins as a factor which may have been relevant to the need for postoperative anticoagulation.

On 22 January 2022 Michaelia prepared a file note of that conversation (‘file note’).

In response to the Michaelia affidavit, Dr Joyce has argued that Katherine has not produced a copy of the file note, and, to the extent that Katherine asserted the file note was privileged, that privilege had been waived by reason of its summation in the Michaelia affidavit. It is common ground, between Katherine and Dr Joyce, that the conversation was privileged. The issue in dispute is whether or not client legal privilege was waived over the file note. Katherine states that she will not rely on the file note at the trial. Dr Joyce states that Katherine is relying on the file note for the application to amend (expand) the original statement of claim.

Michaelia, on behalf of Katherine, has approached Senior Counsel for advice and representation at the next court hearing. Michaelia is particularly interested in what may be argued to defend against the suggestion that privilege over the Michaelia file note has been waived.

Your Senior Counsel has booked you for a conference. You are to examine the facts thoroughly and determine the strengths and weaknesses of your client’s case. Your Senior Counsel wants you to present a ‘case theory’[3] and analysis of this matter to him at your conference next week. You should understand that your ‘case theory’ should be based on the law, as you understand it. You are not obliged to make strictly partisan submissions. You are also entitled to be completely candid with your senior counsel about what you know and understand. Note: you and your Senior Counsel have been briefed to deal with the specifically assigned topic and relevant issues. Another barrister has been briefed to consider any potential implications in other areas of law (such as confidentiality or negligence), arising from this matter. As such, you are instructed to focus your analysis on the legal and/or ethical issues that may have occurred in this matter as connected with this specific assigned topic.


[1] You are to answer any issues you identify based upon the law covered in this subject (and this clearly specified topic), and not some wider analysis of the law or alternative topic within this subject (such as confidentiality,) that might be applicable.

[2] A statement of claim is a court document that a plaintiff uses to initiate (begin) their claim for damages against another party. A statement of claim sets out the what the claim by the plaintiff is all about and why they are entitled to damages – it limits what the plaintiff will argue in the trial. A statement of claim is one of several documents also known as ‘pleadings’.

[3] A theory of a case or a “case theory” is a lawyer’s statement of the means to achieve a realistic outcome for a client… a lawyer who understands strengths, weaknesses and nuances of each party’s case, and who can adapt to new facts and information, can more effectively achieve that goal.” M J Walsh, ‘Case Theory’ College of Law Litigation Master Class 2019, as found at http://7thfloor.com.au/wp-content/uploads/2016/03/College-of-Law-Litigation-Master-Class-Seminar-on-Case-Theory-21-March-2019.pdf

Order Now

Get expert help for Assessment 2 – Professional task (viva voce) and many more. 24X7 help, plag-free solution. Order online now!

Universal Assignment (January 31, 2023) Assessment 2 – Professional task (viva voce). Retrieved from https://universalassignment.com/assessment-2-professional-task-viva-voce/.
"Assessment 2 – Professional task (viva voce)." Universal Assignment - January 31, 2023, https://universalassignment.com/assessment-2-professional-task-viva-voce/
Universal Assignment October 9, 2022 Assessment 2 – Professional task (viva voce)., viewed January 31, 2023,<https://universalassignment.com/assessment-2-professional-task-viva-voce/>
Universal Assignment - Assessment 2 – Professional task (viva voce). [Internet]. [Accessed January 31, 2023]. Available from: https://universalassignment.com/assessment-2-professional-task-viva-voce/
"Assessment 2 – Professional task (viva voce)." Universal Assignment - Accessed January 31, 2023. https://universalassignment.com/assessment-2-professional-task-viva-voce/
"Assessment 2 – Professional task (viva voce)." Universal Assignment [Online]. Available: https://universalassignment.com/assessment-2-professional-task-viva-voce/. [Accessed: January 31, 2023]

Please note along with our service, we will provide you with the following deliverables:

Please do not hesitate to put forward any queries regarding the service provision.

We look forward to having you on board with us.

Get 90%* Discount on Assignment Help

Most Frequent Questions & Answers

Universal Assignment Services is the best place to get help in your all kind of assignment help. We have 172+ experts available, who can help you to get HD+ grades. We also provide Free Plag report, Free Revisions,Best Price in the industry guaranteed.

We provide all kinds of assignmednt help, Report writing, Essay Writing, Dissertations, Thesis writing, Research Proposal, Research Report, Home work help, Question Answers help, Case studies, mathematical and Statistical tasks, Website development, Android application, Resume/CV writing, SOP(Statement of Purpose) Writing, Blog/Article, Poster making and so on.

We are available round the clock, 24X7, 365 days. You can appach us to our Whatsapp number +1 (613)778 8542 or email to info@universalassignment.com . We provide Free revision policy, if you need and revisions to be done on the task, we will do the same for you as soon as possible.

We provide services mainly to all major institutes and Universities in Australia, Canada, China, Malaysia, India, South Africa, New Zealand, Singapore, the United Arab Emirates, the United Kingdom, and the United States.

We provide lucrative discounts from 28% to 70% as per the wordcount, Technicality, Deadline and the number of your previous assignments done with us.

After your assignment request our team will check and update you the best suitable service for you alongwith the charges for the task. After confirmation and payment team will start the work and provide the task as per the deadline.

Yes, we will provide Plagirism free task and a free turnitin report along with the task without any extra cost.

No, if the main requirement is same, you don’t have to pay any additional amount. But it there is a additional requirement, then you have to pay the balance amount in order to get the revised solution.

The Fees are as minimum as $10 per page(1 page=250 words) and in case of a big task, we provide huge discounts.

We accept all the major Credit and Debit Cards for the payment. We do accept Paypal also.

Popular Assignments

Question 10 – REPORTS

Complete the table below, by listing three types of financial reports that are produced in your workplace. Type of Report Content of Report Frequently of Report                  

Read More »

Question 9 – BUSINESS RECORDS

Work through the following table and indicate whether each record should be kept or destroyed. Detail the reason for your answer and how long the record should be kept (for example, legislation requirement – retain for five years). Record Keep – Yes or No Reasons Suppliers Invoices     Employee

Read More »

Question 6 – BUSINESS ACTIVITY STATEMENT

Using the following information, complete the Business Activity Statement, you may need to refer to the ATO website to help you complete. Download and complete the Business Activity Statement (BAS). It can be found separately on the course page.

Read More »

Question No 5 – BREAKEVEN ANALYSIS & MOVING

AVERAGE Activity 5.1 – Break-even Answers A. B.   Manage 8 Buildings Manage 10 Buildings Manage 15 Buildings Manage 20 Buildings Manage 25 Buildings Income           Less Variable Costs           Less Fixed Costs           Total Cost    

Read More »

Question 3 – Depreciation

You are the Licensee-In-Charge of Hope & Murphy Real Estate and wish to purchase computers for your new office in the CBD. Using the information below: Office fit out                      $120,000 Assets effective Life          4 years Purchase Date                  1st July STRAIGHT-LINE METHOD CALCULATION Years 1 to 4 – JOURNAL ENTRIES DEPRECIATION                                               

Read More »

Question 1 – PROFIT & LOSS AND BALANCE SHEET

Please note: Editing has been restricted in this document. From the information provided below, complete the following table: Account Name Classification Profit & Loss or Balance Sheet Amount Pay Superannuation Expense Profit & Loss $117,325 Pay Mobile Phone     $7,500 Pay Office Rent     $65,000 Land & Buildings

Read More »

Case Study – WORLDUCATION

Worlducation is a social startup that manufactures tablet computers for primary school students. They not only focus on the hardware, but they also have a competitive team creating software, content and activities to better engage and educate the students. Worlducation aims to change the way children learn at school by

Read More »

BSBOPS505 Manage Organisational Customer Service

BSBOPS505 MANAGE ORGANISATIONAL CUSTOMER SERVICE STUDENTASSESSMENT TASKS QIBA Pty Ltd | CRICOS Provider Code: 01515J | RTO Code: 5304 | ABN: 35 071 667 108  Student Assessment TasksBSBOPS505 Manage Organisational Customer Service     BSBOPS505 Contents Introduction  4 Assessment Task 1: Knowledge questions  5 Assessment Task 1: Checklist 9 Assessment Task 2:

Read More »

BSBOPS505 MANAGE ORGANISATIONAL CUSTOMER SERVICE

BSBOPS505 MANAGE ORGANISATIONAL CUSTOMER SERVICE STUDENT VERSION PROJECT PORTFOLIO Contents Student declaration. 3 Section 1: Establish customer service requirements. 4 Section 2: Deliver quality customer service. 9 Section 3: Monitor and assess customer service. 13 STUDENT PROJECT PORTFOLIO COVER SHEET Student declaration This declaration must be completed in full by

Read More »

GBL Final Take Home Exam

The Trans-Pacific Partnership (TPP) was meant to be a ground-breaking new agreement by placing 12 economies under a common set of economic norms and regulations. After the US withdrew from the TPP, the remaining 11 signatories continued talks and which led to the Comprehensive and Progressive Agreement for Trans Pacific

Read More »

PORTFOLIO ASSESSMENT 3

You will be creating a Portfolio record specifically focused on mental health assessments and pharmacological interventions. This is designed to assist in the development of theoretical and clinical skills in mental health, with a direct connection to your clinical practice as a registered student nurse. The evidence record provides you with the opportunity to showcase your learning

Read More »

NRSG375 Clinical Leadership

Assessment Task 3: Written assignment (45%) Discuss and analyse in more detail 2 of the discussion posts that you submitted for assessment task (AT) 2 and use contemporary literature for support. For the 2 posts that you choose, you are to discuss and analyse professional leadership in nursing in further

Read More »

Portfolio record specifically focused on mental health assessments

PORTFOLIO ASSESSMENT 3 You will be creating a Portfolio record specifically focused on mental health assessments and pharmacological interventions. This is designed to assist in the development of theoretical and clinical skills in mental health, with a direct connection to your clinical practice as a registered student nurse. The evidence record provides you with the opportunity to

Read More »

The aetiology of mrs simpsons pain Assignment Help

Length: 1800 words Group Assessment: No Submission method options: EASTS (online) TASK back to top This assessment task requires you to analyse the case study provided below.  In the case study,  a patient is experiencing a range of health challenges. You are required to read the case study carefully and complete the following

Read More »

The Dangers of a Single Story Assignment Help

Narrative Essay Instructions Chimamanda Ngozi Adichie’s TED Talk titled “The Dangers of a Single Story” recounts instances where one perspective can lead to assumptions, conclusions, and/or decisions that may incomplete or lead to misunderstandings (e.g., think about the story of Fide or how Adichie’s roommate was shocked to learn how

Read More »

LAW1101 21F – Fundamentals of Law

LAW1101 21F – Fundamentals of Law Assignment 1:  Legislative interpretation Due date: Wednesday, November 10, 2021 at 3:00pm Instructions: You are to read two excerpts from legislation and then answer questions about each of them.  The questions are weighted differently and the marks for each question are included.  There are

Read More »

A Work Based Quality Improvement Project

Project Title: Impact of educational intervention on nurses knowledge of hand hygiene in aged care setting: A Work Based Quality Improvement Project Executive Summary: (100- 150 words) Background: Hand hygiene is one of the most important strategies for preventing infections in healthcare settings and healthcare-associated infections, which affect hundreds of

Read More »

Community Health and Development

Part A :  Assessment event 3(a) details Assessment Task 3(a): Apply a problem-solving approach to a social issue in your local community by using the Community Health and Development (2017b) 10-point process. Word count: 2000 Weighting: 35% It is recommended that you: Criteria Fail <17.5 Pass 18- Credit 20 – 22 Distinction 23– 25 High Distinction 

Read More »

RE-AWAKENING HEALTH SYSTEMS

In this assignment, you are asked to pick ONE of the following case studies and answer a series of questions about the particular health situation that is described. In each case study, you are asked to examine the significance of the issue for Australia, explore the condition from a very broad policy

Read More »

FINAL EXAM – SPRING SESSION Building Law

FINAL EXAM – SPRING SESSION 2021 School of Law EXAM INSTRUCTIONS Read all the information below and follow any instructions carefully before proceeding. Clearly indicate which question you are answering.   UNIT NAME: Building Law UNIT NUMBER: 200292 NUMBER OF QUESTIONS: 4 VALUE OF QUESTIONS: Question 1 (10 marks) Question

Read More »

MGMT8055 Brief Case Writeup Bauing Construction Holding Group

Why do you think Bauing Indonesia was so successful? Suggestions government, cost, and competitive Main proof-points The first factor behind this decision was increasing competition in the building and decoration industry in China. In 2016, most public companies in this industry in China experienced decreasing gross margins due to increased

Read More »

MGMT8055 Case Writeup Xiaomi

After recognising numerous global opportunities, Xiaomi in Beijing charted its overseas market strategy in 2013. However, opportunities came with challenges, and during the internationalization process, Xiaomi encountered many problems. After three years of hard work, Xiaomi had gained more experience than profits. Compared with Xiaomi’s domestic success, Xiaomi’s internationalization strategy

Read More »

LNG11120 Developing Intercultural Competence in the Workplace

Edinburgh Napier University Academic Year 2021-22 Trimester 1 Assessment Brief 1.  Module number   LNG11120 2.  Module title   Developing Intercultural Competence in the Workplace 3.  Module leader   4.  Assessment Coursework 1: Group report – an ‘intercultural training’ plan (see Section 10 below for more details) 5.  Weighting  

Read More »

Knowledge, Individual, and Society

Essay 1 Assignment To be submitted via Turnitin on LMS. Assignment: Write a 1,200 word (not including references or footnotes) essay answering ONE of the following questions: 1) What is the Gettier problem and can we solve it? Address this question by carefully explaining and evaluating 1-2 responses to the

Read More »

9014 NPD New Product Design

Summary In the 2000-word written report, students are required to develop some specific aspects of the initial three phases of a new product (service or idea) development process. Students are expected to apply the relevant design thinking tools and ideas in this assessment. Referencing is Australian Harvard (AGPS) and outlined

Read More »

Can't Find Your Assignment?

Open chat
1
Free Assistance
Universal Assignment
Hello 👋
How can we help you?