16467 BUILT ENVIRONMENT LAW & ETHICS
ASSESSMENT TASK 2 (Group) – LEGAL REPORT (CASE NOTE)
ASSESSMENT:
25%
DUE DATE:
Thursday 2 June 2016 (Week 10)
Hard copies must be submitted in class on the due dates.
Submissions outside of class time or electronic copies will not be accepted.
GROUP SIZE:
4 students (maximum)
ASSIGNMENT LENGTH:
5,500 – 6,000 words
REQUIREMENTS:
Draft a Case Note concerning the decision of the Queensland Court of Appeal in Grocon Constructions (Qld) Pty
Ltd v Juniper Developer (No 2) Pty Ltd [2015] QCA 291 (which is available via UTS Online in the Reading
Materials for Week 8). The Case Note must be concise, methodical and analytical and cover the following:
1.
2.
3.
4.
5.
Summarise the material facts (i.e. parties to the dispute and fact scenario underlying the case)
Identify the main issues considered by the court
Identify the outcome of the court’s decision (i.e. orders / result for parties)
Summarise the prior history of the case in any lower court(s)
Identify and discuss the court’s legal reasoning underpinning the decision (i.e. ratio decidendi, obiter dicta of
majority as well as key points of dissent). Include discussion of any previous seminal cases relevant to the
legal reasoning.
6. Discuss and analyse the impact of this decision on the relevant aspects of Australian law.
7. Identify and discuss the practical consequences arising from the decision for design, construction and property
professionals and their obligations to clients
As a guide, groups should allocate no more than one third of total word count to address items 1 – 4. Groups are
also advised to allocate at least one third of your Word Count toward discussing item 5 i.e. the legal reasoning
underpinning the decision.
Your Case Note MUST adhere to the conventions governing the use and citation of appropriate primary and
secondary sources in legal research outlined in the Australian Guide to Legal Citation (AGLC) available here
http://www.law.unimelb.edu.au/mulr/aglc
MARKING ASSESSMENT CRITERIA:
It is an essential requirement that the report be written in your own words with appropriate referencing of all
sources of information. A fail grade will be awarded if referencing requirements are not complied with.
Evidence of plagiarism will result in zero marks being awarded and, under university rules, will be reported to the
Faculty for further action. Further guidance and details on assessment criteria and report requirements including
progressive reviews of student work will be provided in class during the tutorial sessions.
16467 Built Environment Law & Ethics
2016
GUIDELINES ON DRAFTING A CASE NOTE
1. A Case Note is essentially a high level summary of a case. It is an exercise designed
to reflect the ideal methodology for study and analysis of case law and the operation of
the doctrine of precedent in the Common Law world. Although you would not be
expected to write a case note of this length with respect to your daily study of cases,
this exercise in writing an extended case note should prepare law students in how to
approach the study of case law from an analytical perspective.
2. A Case Note may be conceptualised as a legal form of ‘structured essay’ on a
particular case. Although there is no necessarily set form or mandated series of
headings and subheadings, most comprehensive Case Notes include the identification
and discussion of the matters noted above.
3. In discussing the legal reasoning (i.e. item 5) underpinning the judgment of the court,
groups should examine all judgments (individual or joint) issued by the judiciary
comprising the court and are advised to identify and analyse the ratio decidendi of the
majority; the arguments considered by the court in support of and against a principle as
well as any obiter dicta or significant observations by the court. A comprehensive
analysis will also examine and analyse the content of any dissent amongst the
presiding judges in the judgments issued.
4. Although this assignment is designed to ‘dove-tail’ with your concurrent study of the
substantive law governing the construction and property industries, the primary
purpose of this assessment task is not to test your understanding of the substantive
law but rather to examine your general ability to apply established legal methodologies
in the careful reading and analysis of case law. Students would be well advised to
focus their case notes on the concise identification of relevant principles arising from
this seminal case and, more importantly, discussing the complexities of the application
of the principles of this case to operational matters within the construction and property
industries.
16467 Built Environment Law & Ethics
2016
