Due: 11:59pm 20 May 2022

Question:

In May 2016, the High Court handed down their decision in Attwells v Jackson Lalic Lawyers Pty Ltd.¹ In this decision, the High Court retained the doctrine of advocates’ immunity in Australian law, although it did slightly narrow its application. The doctrine has been abolished in other common law jurisdictions, such as England and Wales and New Zealand, and significantly narrowed in others, such as Scotland. Presently, Australia has the most expansive application of the doctrine of advocate immunity among the very few common law jurisdictions that still retain it.  

Essay Question: Do you agree that Australia should retain the doctrine of advocate immunity?  

In your answer, explain in your own words your understanding of advocates’ immunity, and critically evaluate the principles that support and arguments against its ongoing operation in Australia. Provide a clear answer to the question and support your answer with reference to cases and legislation (primary sources) and the arguments from a minimum of four scholarly (i.e. peer-reviewed) sources that consider a range of viewpoints (secondary sources). 

You can refer to domestic and foreign primary and secondary sources, provided they are relevant to your argument regarding Australia.  You may also refer to non-scholarly articles and resources provided they are from reputable sources, for example, law reform reports, resources from the Law Council or the NSW Law Society or Bar Association. However, these are over and above the four scholarly sources above. Please note that you should not refer to law firm web pages or other websites or internet resources where you cannot verify the author’s credibility. 

Word Limit: 1400-1500 words, excluding footnotes (everything else is included). A bibliography is not required.

(Please note: a common mistake of students in their first assessments at university is to submit a paper where the word count on the document includes footnotes (which results in a submission well under the word limit).  To make sure your word count does not include footnotes you should click on the word count number at the bottom of the document and make sure the check box “include footnotes and endnotes” is not checked)

General Instructions

Meaningful headings are encouraged (and are included in the wordcount).

Please use a font of at least 12pt and line spacing of at least 1.5. Please provide a margin of at least 2.5cm. Footnotes should be 10pt and single-spaced. Footnotes should be used for references only, with no further discussion.

Make sure you upload the correct file on time. It is your own responsibility to ensure you have access to a secure and reliable server and that you have allowed plenty of time to upload the assessment before the due time.

Upload your essay as a WORD file eg. doc. or docx.   Do not upload as a PDF (the word count in Turnitin does not subtract footnotes from a PDF and thus will record a word count much higher). Do not upload a Google Doc.

Note: Make sure you upload the correct file as resubmissions are not allowed after the due date. (This applies even if you have been granted special consideration).

Suggested approach to this paper:

1.     You should re-read the relevant chapter in the text and re-listen to the lecture that deals with advocates immunity (Lawyers’ Immunity). You should then do some independent research on the topic to begin to formulate your view on the topic. Note there is no ‘correct’ answer to this question. We are looking for a clear answer to the question which is rigorously argued and supported by quality primary and secondary sources.

2.     The paper should be a single coherent body of work with an introduction, a body and a conclusion.

3.     Provide an introduction to the essay which clearly identifies the thesis of the paper and the main arguments of your essay supporting that thesis.

4.     Aim for the body paragraphs to be 4-6 sentences each. Each paragraph should detail a single point or argument that supports your thesis. Follow the guidance given in the tutorials on ‘Legal Writing’ and review the feedback from the short essay.

5.     Provide a conclusion which clearly sums up your main arguments. The conclusion is not to introduce any new material or arguments.

6.     Comply with the requirements of AGLC4.

Please note:

• Do not repeat the essay question at the start of the paper.  If you do, it will be included in your word count.
• Do not include a title page. If you do, it will be included in the word count.
• Do not include a bibliography.
• Do not go over the maximum word limit. The extra words will not be read and this will impact your final mark.
• Do not go under the minimum word limit.
• The paper should be written in third person.

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