Semester 1, 2022

Case research and analysis assignment

This is worth 35% of the assessment in Introduction to Law and Justice

Maximum word limit 1,300 words

Due Date: 4pm Monday 23^rd May 2022

PLEASE NOTE:

• The word limit for this piece of work is 1,300 words. This includes all citations of cases which, for the purposes of this assignment, should be in the body of the text, not in the footnotes.
• Assignments must be submitted by the deadline into the Case research and analysis assignment dropbox on FLO.
• Please note that only Microsoft Word documents will be accepted in the dropbox.
• Any applications for extension must be submitted prior to the due date by clicking the ‘Extension requests’ link on FLO.
• The University’s policy on academic integrity applies to this work and will be strictly enforced.
• Note that you MUST provide full references including pinpoint references for all cases.
• Penalties will be applied to work which is over-length and/or over-due. Further information on penalties can be found in the Statement of Assessment Methods (on FLO).
• You must comply with the Australian Guide to Legal Citation 4th edition (‘AGLC4’).
• Your task is set out on the following pages.

INSTRUCTIONS:

1. Watch the following lecture recordings and PowerPoint slides in the Week 6 Module on FLO
2. Week 6 Part 1 Library Research
3. Week 6 Part 3 – updating case law

• Read the following
• Karen Petch, ‘Executive decisions in the time of Australian marriage equality’, (2018) (Autumn) Bar News: Journal of The NSW Bar Association18.
• Also read Wilkie v The Commonwealth (2017) 263 CLR 487.

• Using case citators, such as Firstpoint and Casebase (through the Flinders University Library database subscriptions) 
  • Find subsequent Australian cases that have cited Wilkie v The Commonwealth (2017) 263 CLR 487 (‘Wilkie’). List every Australian case that you can find that has cited Wilkie. (NOTE: do not include secondary sources – only case law). Make sure that your case citations are AGLC compliant.
  • Note the nature of the subsequent treatment in the cases you have listed as indicated by the case citator you have used (for instance applied, considered, referred to and so forth).
  • Identify the pinpoint references [paragraph or page] where Wilkie was cited in each case you have identified. There may be more than one.

• Choose one of the cases you have listed above that has cited Wilkie v The Commonwealth (2017) 263 CLR 487.
  • Record the AGLC compliant citation for the case you have chosen including the pinpoint references where Wilkie was cited by the court.
  • Write a brief note describing the facts of the case you have chosen.
  • Write a brief note identifying the legal issue/s in the case you have chosen and the outcome/s in that case.
  • Identify the passage/s in Wilkie that was/were cited by the court in the subsequent case you have chosen.
  • Explain the legal principle/s from Wilkie that was/were applied in the case you have chosen.
  • Identify the legal issue/s that arose in the case you have chosen that were resolved/explained by citing the relevant legal principle/s from Wilkie.

[NOTE make sure that you only do this for one case, you will not have enough words to do this for more than one case.]

Criteria we look for and reward when marking the Case research and analysis assignment.

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