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 (May 19, 2025) 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 - May 19, 2025, https://universalassignment.com/assessment-2-professional-task-viva-voce/
Universal Assignment October 9, 2022 Assessment 2 – Professional task (viva voce)., viewed May 19, 2025,<https://universalassignment.com/assessment-2-professional-task-viva-voce/>
Universal Assignment - Assessment 2 – Professional task (viva voce). [Internet]. [Accessed May 19, 2025]. Available from: https://universalassignment.com/assessment-2-professional-task-viva-voce/
"Assessment 2 – Professional task (viva voce)." Universal Assignment - Accessed May 19, 2025. 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: May 19, 2025]

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.

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

Assessment Task 1– SQL Report – Individual Assessment

MIS202 –Managing Data and Information – Trimester 1 2025Assessment Task 1– SQL Report – Individual AssessmentDUE DATE: Friday, 4 April, by 8:00pm (Melbourne time)PERCENTAGE OF FINAL GRADE: 30%WORD COUNT: Maximum 2000 wordsDescriptionPurposeThis task provides you with opportunities to learn the knowledge (GLO1 & ULO1) and skills (GLO 3 & ULO2;GLO4

Read More »

Assessment Category Infographic

Assessment # Title Assessment 1Assessment Category InfographicWeight 50%Length / Duration 500 words (excluding reference list)Individual / Group IndividualLearning OutcomesThis assessment evaluates your achievement of the following Unit Learning Outcomes:

Read More »

STM1001: Assignment 3 for Science/Health Stream Students

STM1001: Assignment 3 Science/Health Stream Students Only Academic Integrity Information In submitting your work, you are consenting that it may be copied and transmitted by the University for the detection of plagiarism. If you are unsure of your academic integrity responsibilities, please check the information provided in the Assessment Overview

Read More »

ACCG1000 Accounting for Decision Making Xero Assignment

1ACCG1000Accounting for Decision MakingXero AssignmentInformation packSession 2 2024Due Date: Friday 18th October 2024 at 11.55pm2Xero AssignmentIntroductionThe Xero assignment is designed to provide introductory accounting students with an overview of the Xero Accounting Software by completing a one-month accounting cycle for a fictional business. This is an online assignment worth 20%

Read More »

WRIT1001 Assessment Notification 2

6Final Essay: Rhetorical analysisDue: Friday 18 October 2024 at 23:59 (Sydney time)Length: 1500 words, worth 40% of the overall grade for the unitSubmit: as a Word document or PDF, via Canvas AssignmentMain question:● Present a scholarly essay that analyses the rhetoric used in arguments about thecontentious topic you have been

Read More »

WRIT1000 Assessment Four

Title: Self-ReflectionDue: Friday October 18 by 11:59PM.Length: 500 words (+/- 10%)Weight: 10% of the total gradeFormat: Times New Roman, double-spaced, 12pt. Your project should have the title“WRIT1000 Assessment Four – Self Reflection for xxxxxxx” where “xxxxxxxx” is yourstudent number. Please only submit Word documents (.doc or .docx). Turnitin doesnot recognise

Read More »

Written Assessment – Psychosocial Research Perspectives

Written Assessment – Psychosocial Research Perspectives TRIGGER WARNING: This is a case study of a real person. Katherine Knight was the first woman in Australia to receive a life sentence without parole after she decapitated and cooked her lover. If you think that you will have problems reading about this

Read More »

RES800 Assessment 1 – Research Question and Literature Review

Subject Title Business Research Subject Code RES800 Assessment Title Assessment 1 – Research Question and Literature Review Learning Outcome/s     Utilise critical thinking to analyse managerial problems and formulate relevant research questions and a research design   Apply research theories and methodologies to assist in developing a business research

Read More »

Assessment Task 2 Health advocacy and communication plan

Assessment Task 2 Health advocacy and communication plan Rationale and multimedia plan presentation Submission requirements Due date and time:         Rationale: 8pm AEST Monday 23 September 2024 (Week 11) Multimedia plan presentation: 8pm AEST Monday 30 September 2024 (Study Period) % of final grade:         50% of overall grade Word limit: Time

Read More »

MLI500 Leadership and innovation Assessment 1

Subject Title Leadership and innovation Subject Code MLI500 Assessment Assessment 1: Leadership development plan Individual/Group Individual Length 1500 words Learning Outcomes LO1 Examine the role of leaders in fostering creativity and innovation LO5 Reflect on and take responsibility for their own learning and leadership development processes Submission   Weighting 30%

Read More »

FPC006 Taxation for Financial Planning

Assignment 2 Instructions Assignment marks: 95 | Referencing and presentation: 5 Total marks: 100 Total word limit: 3,000 words Weighting: 40% Download and use the Assignment 2 Answer Template provided in KapLearn to complete your assignment. Your assignment should be loaded into KapLearn by 11.30 pm AEST/AEDT on the wdue

Read More »

TCHR5001 Assessment Brief 1

TCHR5001 Assessment Brief 1 Assessment Details Item Assessment 1: Pitch your pedagogy Type Digital Presentation (Recorded) Due Monday, 16th September 2024, 11:59 pm AEST (start of Week 4) Group type Individual Length 10 minutes (equivalent to 1500 words) Weight 50% Gen AI use Permitted, restrictions apply Aligned ULOS ULO1, ULO2,

Read More »

HSH725 Assessment Task 2

turquoise By changing the Heading 3 above with the following teal, turquoise, orange or pink you can change the colour theme of your CloudFirst CloudDeakin template page. When this page is published the Heading 3 above will be removed, but it will still be here in edit mode if you wish to change the colour theme.

Read More »

Evidence in Health Assessment 2: Evidence Selection

Evidence in Health Assessment 2: Evidence Selection Student name:                                                                    Student ID: Section 1: PICO and search strategy Evidence Question: Insert evidence question from chosen scenario here including all key PICO terms.       PICO Search Terms                                                                                                                                                                                                          Complete the following table.   Subject headings Keywords Synonyms Population  

Read More »

Assessment 1 – Lesson Plan and annotation

ASSESSMENT TASK INFORMATION: XNB390 Assessment 1 – Lesson Plan and annotation This document provides you with information about the requirements for your assessment. Detailed instructions and resources are included for completing the task. The Criterion Reference Assessment (CRA) Marking Matrix that XNB390 markers will use to grade the assessment task

Read More »

XNB390 Task 1 – Professional Lesson Plan

XNB390 Template for Task 1 – Professional Lesson Plan CONTEXT FOR LESSON: SOCIAL JUSTICE CONSIDERATIONS: Equity Diversity Supportive Environment UNIT TITLE:    TERM WEEK DAY TIME 1   5           YEAR/CLASS STUDENT NUMBERS/CONTEXT LOCATION LESSON DURATION         28 Children (chl): 16 boys; 12

Read More »

A2 Critical Review Assignment

YouthSolutions Summary The summary should summarise the key points of the critical review. It should state the aims/purpose of the program and give an overview of the program or strategy you have chosen. This should be 200 words – included in the word count. Critical analysis and evaluation Your critical

Read More »

PUN364 – Workplace activity Assignment

Assessment 1 – DetailsOverviewFor those of you attending the on-campus workshop, you will prepare a report on the simulated simulated inspection below. For those of you who are not attending, you will be required to carry out your own food business inspection under the supervision of a suitably qualified Environmental

Read More »

FPC006 Taxation for Financial Planning

Assignment 1 Instructions Assignment marks: 95 | Referencing and presentation: 5 Total marks: 100 Total word limit: 3,600 words Weighting: 40% Download and use the Assignment 1 Answer Template provided in KapLearn to complete your assignment. Your assignment should be loaded into KapLearn by 11.30 pm AEST/AEDT on the due

Read More »

Mental health Nursing assignment

Due Aug 31 This is based on a Mental health Nursing assignment Used Microsoft word The family genogram is a useful tool for the assessment of individuals, couples, and families.  It can yield significant data and lead to important, new patient understandings and insights as multigenerational patterns take shape and

Read More »

Assessment 2: Research and Policy Review

Length: 2000 words +/- 10% (excluding references)For this assessment, you must choose eight sources (academic readings and policy documents) as the basis of your Research and Policy Review. You must choose your set of sources from the ‘REFERENCES MENU’ on the moodle site, noting the minimum number of sources required

Read More »

HSN702 – Lifespan Nutrition

Assessment Task: 2 Assignment title: Population Nutrition Report and Reflection Assignment task type: Written report, reflection, and short oral presentation Task details The primary focus of this assignment is on population nutrition. Nutritionists play an important role in promoting population health through optimal nutritional intake. You will be asked to

Read More »

Written Assessment 1: Case Study

Billy a 32-year-old male was admitted to the intensive care unit (ICU) with a suspected overdose of tricyclic antidepressants. He is obese (weight 160kg, height 172cm) and has a history of depression and chronic back pain for which he takes oxycodone. On admission to the emergency department, Paramedics were maintaining

Read More »

Assessment Task 8 – Plan and prepare to assess competence

Assessment Task 8 – Plan and prepare to assess competence Assessment Task 8 consists of the following sections: Section 1:      Short answer questions Section 2:      Analyse an assessment tool Section 3:      Determine reasonable adjustment and customisation of assessment process Section 4:      Develop an assessment plan Student Instructions To complete this

Read More »

Nutrition Reviews Assignment 2 – Part A and Part B

This assignment provides you with the opportunity to determine an important research question that is crucial to address based on your reading of one of the two systematic reviews below (Part A). You will then develop a research proposal outlining the study design and methodology needed to answer that question

Read More »

NUR332 – TASK 3 – WRITTEN ASSIGNMENT

NUR332 – TASK 3 – WRITTEN ASSIGNMENT for S2 2024. DESCRIPTION (For this Task 3, the word ‘Indigenous Australians’, refers to the Aboriginal and Torres Strait Islander Peoples of Australia) NUR332 Task 3 – Written Assignment – Due – WEEK 12 – via CANVAS on Wednesday, Midday (1200hrs) 16/10/2024. The

Read More »

NUR100 Task 3 – Case study

NUR100 Task 3 – Case study To identify a key child health issue and discuss this issue in the Australian context. You will demonstrate understanding of contemporary families in Australia. You will discuss the role of the family and reflect on how the family can influence the overall health outcomes

Read More »

Can't Find Your Assignment?