LAW 7155 - Introduction to Arbitration

North Terrace Campus - Semester 1 - 2016

This course provides an introduction to commercial arbitration and dispute resolution. Topics include but are not limited to, Commercial arbitration legislation; an introduction to evidence; establishing the basis for arbitration and other forms of alternative dispute resolution; opening processes for formal arbitration; pre-hearing processes for formal hearings; arbitrability and jurisdiction; formal arbitration hearings; completing formal arbitration hearings; mediation and other ADR processes; powers of the courts.. The Course is offered on line, with structured on line tutorials and discussion board exercises each week, in addition to two face to face workshops, one at the beginning (half day) and one in the course of the semester one and half days). The second face to face workshop (held on a Friday and Saturday) includes extensive role play and arbitration exercises and attendance and participation is a compulsory part of the course.

  • General Course Information
    Course Details
    Course Code LAW 7155
    Course Introduction to Arbitration
    Coordinating Unit Professional and Continuing Education
    Term Semester 1
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites Non-law graduates only: LAW 7177
    Course Description This course provides an introduction to commercial arbitration and dispute resolution. Topics include but are not limited to, Commercial arbitration legislation; an introduction to evidence; establishing the basis for arbitration and other forms of alternative dispute resolution; opening processes for formal arbitration; pre-hearing processes for formal hearings; arbitrability and jurisdiction; formal arbitration hearings; completing formal arbitration hearings; mediation and other ADR processes; powers of the courts..
    The Course is offered on line, with structured on line tutorials and discussion board exercises each week, in addition to two face to face workshops, one at the beginning (half day) and one in the course of the semester one and half days). The second face to face workshop (held on a Friday and Saturday) includes extensive role play and arbitration exercises and attendance and participation is a compulsory part of the course.
    Course Staff

    Course Coordinator: Ms Kathleen McEvoy



    Academic Course Co-ordinator:
    Kathleen McEvoy
    Email: kathleen.mcevoy@adelaide.edu.au  

    Administrative Co-ordinator:
    Ms Nadia Tarasenko, Program Manager
    Professional and Continuing Education
    The University of Adelaide
    Level 9, 115 Grenfell Street
    Telephone: +61 8 8313 4777
    Email: nadia.tarasenko@adelaide.edu.au

    Program Administrator:
    Ms Katie Lightowler
    Professional and Continuing Education
    The University of Adelaide
    Level 9, 115 Grenfell Street
    Telephone: +61 8 8313 7502
    Email: katie.lightowler@adelaide.edu.au 
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    1 Knowledge and Understanding
    The settlement of commercial disputes by arbitration plays a critical role in the world in which we live. At the international level, the United Nations Commission on International Trade Law (UNCITRAL) developed a model law on International Commercial Arbitration in the mid 1980s, and since that time has further refined it. Australia’s legislation concerning both international commercial arbitration (governed by Commonwealth legislation), and domestic commercial arbitration, governed by State and territory uniform laws, is aligned with the UNCITRAL approach. In an era of globalisation this is a most significant development. This program is focussed on domestic commercial arbitration.

    The teaching and learning program aims to assist students to acquire a deep understanding of the basic principles of commercial arbitration as incorporated in the law in Australia, and, thereby, to equip them with the skills that will provide a sound basis for life-long learning and practice in this area of law.
    In particular, this course aims to enable students:

    a) to understand the historical and international context in which the legal regulation of the arbitration of commercial disputes in Australia was established and now operates;
    b) to identify, and understand, the fundamental principles which underpin the law regulating commercial arbitration in Australia;
    c) to analyse critically those fundamental principles, especially in the light of the industry and economic contexts in which the Australian law operates;
    d) to become skilled in the analysis of case law in relation to commercial arbitration issues;
    e) to become adept in understanding and interpreting the statutory regulatory regime applicable to commercial arbitration in Australia;
    f) to demonstrate an understanding of, and an ability to apply the principles and law relevant to the settlement through arbitration of commercial disputes, by participation in online tutorials and discussion boards, and to access relevant resources and law on the internet;
    g) to present argument, both orally and in writing, in relation to the arbitration of commercial disputes; and
    h) to develop the skills through role play to apply legal principles in hypothetical scenarios involving the arbitration of commercial disputes.

    2 Communication Skills
    The continuing development of good inter-personal and communication skills is widely recognised as important for all graduates. This course specifically seeks to develop students’ abilities:
    a) to listen to or read the contributions of others in the course regarding dispute resolution, and in particular the arbitration of commercial disputes, and respond respectfully;
    b) to be aware that everyone has a right to contribute and to accord them the space to do so;
    c) to develop and present convincing argument, both orally and in writing, in relation to dispute resolution, and in particular the arbitration of commercial disputes; and
    d) to demonstrate effective communication skills through participating in role play arbitration workshops.

    3 Attitudes and Values
    This course aims
    a) to engender in students a commitment to the principles of the rule of law
    b) to raise awareness and an understanding of social and cultural diversity, and sensitivity of the operation of the law and dispute resolution structures in that context
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    1
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    1-3
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    2
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    1
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    1
  • Learning Resources
    Required Resources
    Legislation

    Students will need to have a copy of the Australian law adopting the UNCITRAL Model Law 2006. Choose from one of the following:

    Commercial Arbitration Act 2010 (NSW)
    Commercial Arbitration Act 2011 (SA)
    Commercial Arbitration Act 2011(Tas)
    Commercial Arbitration Act 2011(Vic)

    Students need a copy of only one of the above Acts. The website of the Law Library at The University of Adelaide provides information about, and the links to enable students to access, legislation directly from government websites (thus ensuring the student can access the authorised version), or from AustLII (which students often find a little more user friendly). Please go to:
    http://law.adelaide.edu.au/library/research/legislation/

    Textbook
    Doug Jones, Commercial Arbitration in Australia, Thomson Reuters (Professional) Australia Limited, Sydney, second Edition, 2013

    Students will need to purchase a copy of this book. It is available for purchase online from the publisher (under the banner ‘Commercial Law’) at:
    http://www.thomsonreuters.com.au/legal/
    The book should also be available to purchase through academic book suppliers, such as Unibooks. Several copies of the book will be available on reserve in the law library of Adelaide Law School.
    Recommended Resources
    Internet Resources:
    The website of the Institute of Arbitrators & Mediators Australia (IAMMA) can be found at:
    www.iama.org.au
    This site provides access to information about IAMA membership and events, as well as a wide range of other information of interest to those undertaking this course.

    The AustLII website, providing free access to a wide range of legal resources in Australia and access to similar websites around the world, can be found at:
    www.austlii.edu.au
    Online Learning
    MyUni will be used to post announcements, including assignment tasks.

    MyUni will also contain electronic copies of the course profile, and the various tutorial exercises and discussion board questions, as well as any course materials additional to the textbook, and copies of the relevant legislation.

    Students will participate in online tutorials which are on MyUni. After a student has individually submitted their response online to the tutorial questions, they will be able to gain general feedback by reading a ‘model answer’ in order to assess their own learning and understanding of issues.

    Students will also contribute to discussion boards, which will also be available on MyUni. The discussion boards will provide additional flexibility to enable students to demonstrate their participation and learning in this course. The discussion boards also provide a venue for students to engage with one another in the learning process.

    Students are expected to check MyUni regularly to keep up to date with materials and any additional learning resources throughout the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    Introductory Workshop
    There will be a one day Introductory Workshop at the beginning of the course. This workshop will be offered at two separate venues, one in Adelaide and the other in Sydney.
    *It is compulsory to attend this workshop.

    This introductory workshop will:
    • provide an overview of the main principles of the Australian legal system, within the political, social and economic context; and in particular as it relates to commercial law, alternative dispute resolution and the resolution of commercial disputes through arbitration
    • cover Topic #1: Commercial Arbitration Legislation in Australia
    •discuss problem solving skills and the principles of good legal writing
    • demonstrate the use of MyUni, especially the online tutorials and discussion boards
    • provide a guided opportunity for students to undertake the online first tutorial and participate in their first discussion board
    • provide students with an opportunity to meet with their academic lecturer and fellow students, and thereby enabling a better online learning experience

    The workshop will be structured in two separate parts:

    Morning session:
    9.30am – 12.30pm
    Commercial Law and Dispute Resolution
    Overview of the course
    Overview of the Act

    12.30 – 1.00pm – Lunch
    (it is anticipated that a representative from the Resolution Institute will join the group for lunch)

    Afternoon session:
    1.00pm – 4.00pm
    Commercial Arbitration legislation in Australia
    Using MyUni



    Online Tutorials
    The online tutorials provide students with a specific guide to reading the information contained in their text book, and then provides them with an opportunity to test their understanding of that reading through a series of questions which must be answered online. Having answered a question, the student can then access online general feedback in the form of a ‘model’ answer which enables the student to check their understanding.

    There are online tutorials for each week of the course other than week 12. In order to participate in each online tutorial it is anticipated that students will spend up to about 7 hours per week on pre-reading as well as up to 2 hours per week online answering the tutorial questions.

    While students can access the tutorials at a time of their own choosing, the material in each week builds upon the previous week’s work. Students are strongly advised to work consistently across the semester, in order to provide themselves with the best opportunity to learn in this course.

    Discussion Boards
    There will be discussion boards for each week of the course.

    The discussion boards in the first couple of weeks will commence with some ‘revision’ topics covering the law (contract, tort and equity and the Competition and Consumer Act 2010 (Cth) (formerly the Trade Practices legislation)) governing commercial transactions.

    Thereafter the discussion boards will seek contributions from students on an issue relating to a substantive topic in the course. Students are expected to contribute at least once to each of these discussion boards, but may make additional contributions to each discussion board if they wish. Contributions should be short and to the point, and importantly they should not repeat information which others have already posted. In this sense the function of a discussion board is to learn from one another by furthering the collective understanding.

    Contributions may respond to what others have already said, or introduce a novel idea into the discussion. Contributions may be creative and provocative, they may raise particular issues from cases or statutes, but they should always be presented or developed in a way that is reasoned and respectful, and wherever possible draw upon some aspect of the law. That is, students are expected to do more than simply assert their view, without providing cogent reasoning.

    In making contributions to discussion boards, students may use note form or dot points and need not provide formal citations or references unless they wish to include a quotation.

    The discussion boards will provide a flexible forum for students to participate in the course and demonstrate their thinking about the material they are reading. It is expected that students would spend about 1 hour per week reading and contributing to the weekly discussion board.

    While students can access the discussion boards at a time of their own choosing, the material in each week builds upon the previous week’s work. Students are strongly advised to work consistently across the semester, in order to provide themselves with the best opportunity to learn the material in this course.

    The discussion boards will be monitored by academic staff who will provide general feedback in the form of a comment posted after the close of every week (and before the following Tuesday of the next week).


    Workshop #2
    Day 1 – non-compulsory but attendance is encouraged
    Day 2 – compulsory

    Workshop #2 takes place over 2 days. This workshop also will be offered at two separate venues, one in Adelaide and the other in Sydney.

    The morning of Day 1 Workshop #2 will provide an opportunity to meet with academic staff and work through the materials covered in the course to date. This part of the workshop will be based around questions raised in the special discussion board by students. There will also be an opportunity to address any problems and issues so far with the course, and revision of any course material. The afternoon will be a preparation session for the compulsory workshop.

    Attendance at the next day, Saturday, of the Workshop #2 is compulsory. On this day the workshop will take the form of an Arbitration Practicum, with Role Play and Arbitration Exercises. The workshop will be conducted by members of the Resolution Institute, who are experienced practitioners in arbitration, thus providing the students with an opportunity to put into practice under professional guidance the substantive material learned to date.

    In order to successfully complete Workshop #2 and its assessment, students will have to have completed all their online tutorials and discussion boards listed for the course in the weeks prior to attending Workshop #2.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Workshops: There will be two workshops: the first conducted over one day, and the second over one and a half days. Together the workshops are of approximately 16 hours duration.

    Online contact time: participate in all online tutorials each for 2 hours (=24 hours) and 12 online weekly discussion boards each for one hour (=12 hours). This amounts to 36 hours of online teaching and learning time across the semester.

    Preparation time: In addition to attending workshops and participating in online tutorials and discussion boards, it is expected that students will also do a substantial amount of independent reading to prepare for those activities, and to complete course assignments. It is anticipated that this reading and preparatory work should take approximately 90 hours in total (or, on average, about 8-9 hours over each of the 12 weeks of the course).
    Learning Activities Summary
    Week # Dates Topic Workshop Online Tutorial Discussion Board
    1 Friday 18 March - Adelaide;
    Saturday 19 March - Sydney
    Introduction:
    o Overview of the course
    o Overview of the Act
    o Topic #1 Commercial Arbitration Legislation in Australia
    o Using MyUni


    Introductory Workshop Topic  #1
    2 Week commencing Monday 21 March #2 Introduction to the Law of Evidence Topic #2 Overview:
    Dispute Resolution - hypothetical scenarios:
    3 Week commencing Monday 28 March #3 Establishing the Basis for ADR and Arbitration Topic #3 Contract Law Revision
    4 Week commencing Monday
    4 April
    #4 The Preliminary Conference (Part 1) Topic #4 Damages Revision: Contract, Tort and Equity
    5 Week commencing
    Monday 11 April
    #5 The Preliminary Conference (Part 2) Topic #5 Expert Evidence
    6 Week commencing
    Monday 18 April
    #6 Prehearing Processes for Formal Arbitration Hearings Topic #6 Expert Evidence
    7 Week commencing
    Monday 25 April
    #7 Jurisdiction, Arbitrability, and Misconduct Topic #7 Contracts and the Arbitration Clause
    8 Week commencing
    Monday 2 May
    #8 Formal Arbitration Hearings Topic #8 The Preliminary Conference
    9 Week commencing
    Monday 9 May

    DUE MONDAY 9 MAY
    #9 The Award – An Introduction Topic # 9
    Students post questions for discussion in Workshop #2 by Wednesday 9 May
    Jurisdiction and Arbitrability
      Friday, 13 May
    ADELAIDE
    10am - 4.30pm
    • Legal Problem Solving and Revision of Materials – weeks 1-9
    • Problems and Issues discussion
    • Preparation for workshop
    Workshop #2 Day 1 Not compulsory but recommended to attend
    Saturday 14 May
    ADELAIDE
    9am - 4.30pm
    COMPULSORY
    Arbitration Practicum
    • Role Play and Arbitration Exercises
    Workshop #2 Day 2 NB Attendance and participation is COMPULSORY
    Friday 20 May
    SYDNEY
    10am-4.30pm





    Saturday 21 May

    SYDNEY 9am- 4.30pm
    • Legal Problem Solving and Revision of Materials – weeks 1-9
    • Problems and Issues discussion
    • Preparation for workshop

    COMPULSORY

    Arbitration Practicum
    Role Play and Arbitration Exercises
    Workshop #2 Day 1







    Workshop #2 Day 2
    Not compulsory but recommended to attend

    NB Attendance and participation is COMPULSORY
    10 Week commencing
    Monday 23 May
    #10 Mediation and the ADR Process Topic
    # 10
    11 Week commencing
    Monday 30 June
    #11 Powers of the Court Topic
    # 11
    12 Week commencing
    Monday 6 June
    Revision Revision: Questions from students and responses by teaching staff
    Saturday 25 June EXAMINATION Download and submit via My Uni
    Specific Course Requirements
    Students should note that attendance at Workshop #1 and day 2 of Workshop #2 is compulsory. Students should note that attendance at day 1 of Workshop #2 is not compulsory but attendance is strongly encouraged.

    In order to pass this course, it is necessary for students to gain a pass in the Workshop #2 assessment, in addition to an overall pass in the other assessments conducted in this course.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary

    Assessment item % of final mark Due date Group or individual assessment Learning objectives
    Participation (in online tutorials) 10% Throughout course Individual 1(a)-(g), especially 2 (a)-(c) and 1 (f)
    Workshop #2 Practicum Pass/fail Saturday, 14 May 2016
    Adelaide

    Saturday 21 May 2016 Sydney
    Individual 1(a)-(h), and also 2(d)
    Written assignment 30% Sunday 8 May 2016 Individual 1(a)-(g), and also 2(c)
    Exam 60% Saturday,
    25 June 2016
    Individual 1(a)-(g), and also 2(c)
    Supplementary Assessment.

    Supplementary Examination
    Where a student fails the course but qualifies academically for supplementary assessment by achieving a final mark of at least 45% across the course and including a pass for the Workshop #2 component of the assessment, they may sit for a Supplementary Exam. This supplementary exam will take the same form as the primary exam.

    In cases where a supplementary exam is granted on academic grounds a maximum mark of 50% for the course may be obtained.


    Supplementary Workshop #2 – 25%
    If a student has attended Workshop #2 but does not obtain a Pass they must satisfactorily complete supplementary practical work demonstrating that they fulfil the knowledge and skills for this assessment task. Replacement assessment for Workshop 2 may also be available on medical or compassionate grounds.
    Assessment Related Requirements
    Students should note that attendance at Workshop #2 is compulsory.

    In order to pass this course, it is necessary for students to gain a pass in the Workshop #2 assessment in addition to an overall pass in the other assessments conducted in this course.

    There are no other requirements additional to those identified elsewhere in this document.
    Assessment Detail
    Participation in Online Tutorials – 10%

    Students will be assessed on their participation in the online tutorials and at the Workshops.

    Students will be assessed on the quality of their responses posted in these 11 tutorials.

    The participation requirement also includes preparation for the workshop. Students are required to post on the discussion board a question or questions (or issues) which they would like addressed in the first day of the workshop #2. The question(s) must be posted by Monday 9 May 2016.

    The following learning objectives identified above are tested by this component of the assessment scheme: 2.1.1(a)-(g), with emphasis on particular objectives depending on the nature of the tutorial questions. Participation in the tutorials should also enable students to demonstrate their capacity to fulfil the learning objectives outlined in 2.1.2 (a)-(c).

    Grade Descriptors for Class Participation are as follows:
    A more specific guide to the criteria required for achievement in the various grades for online tutorial participation, is as follows:
    High Distinction 85 – 100
    Participation in all online tutorials, demonstrating an outstanding level of quality in responses and a very strong understanding of concepts, high level of analysis and strong capacity to identify substantive issues, and a clear understanding of those issues.

    Distinction 75 – 84
    Participation in all online tutorials, demonstrating a very high level of quality in responses and a very sound understanding of concepts, a strong level of analysis and strong capacity to identify substantive issues, and a very good understanding of those issues.

    Credit 65 – 74
    Participation in all online tutorials, demonstrating a thoughtful approach to the material and a good understanding of concepts, clear analysis and a good capacity to identify substantive issues and a clear understanding of issues.

    Pass 50 – 64
    Participation in most online tutorials, demonstrating an adequate level of quality in responses and a basic understanding of concepts, an adequate level of analysis and capacity to identify substantive issues, and an adequate understanding of those issues.

    Fail 0 - 49
    Failure to participate in the majority of online tutorials, limited contributions and lack of responsiveness to questions, inability to demonstrate understanding of concepts or capacity to analyse material and identify issues, limited or poor evidence of reading or preparation.

    AND

    Written assignment – 30%

    Each student must submit a written assignment answering the question(s) which will be posted on MyUni on Friday 1 April 2016. The written assignment is due by 11.59pm CST on Sunday, 8 May 2016.

    The written assignment is to be a maximum of 2,000 words – footnotes and bibliography are not included in the word count (however, footnotes should include references only and not substantive material).

    Footnotes should be used to indicate sources. In citing material in footnotes the referencing system used in The Australian Guide to Legal Citation (3rd edition, 2010) (‘AGLC3’) should be followed. AGLC3 is available for purchase from university bookshops or may be accessed at <http://mulr.law.unimelb.edu.au/go/aglc>. Footnotes are not included in the word count, but no substantive material is to be included in them.

    In assessing the written assignment the quality of insights and demonstrated understanding of concepts will be of key importance. In general account will be taken of the following factors:
    • preparation - evidence of prior reading and understanding of relevant materials, the ability to identify relevant issues and prepare arguments in relation to them; and
    • quality of the discussion - including evidence of a deep understanding of the conceptual issues, and the ability to analyse legal materials.

    Grade Descriptors for written assignment:
    A more specific guide to the criteria required for achievement in the various grades, is as follows:

    High Distinction 85 – 100
    Outstanding level of quality work demonstrating a strong understanding of concepts, a high level of analysis and a strong capacity to identify issues, clear understanding of relevant legislation, cases and materials, and evidence of thorough and wide ranging reading. Outstanding level of quality of language, spelling and grammar, and accuracy in correct forms of legal citation.

    Distinction 75 - 84
    Work of a highly developed nature demonstrating clear understanding of concepts, a high level of analysis and a strong capacity to identify issues, sound understanding of relevant legislation, cases and materials, and evidence of thorough and sound reading of set reading. Very high level of quality of language, spelling and grammar, and accuracy in correct forms of legal citation.

    Credit 65 – 74
    Work demonstrating a thoughtful approach to materials and clear understanding of concepts, capacity to analyse relevant legislation, cases and material and identify issues, and evidence of sound reading of set reading. High level of quality of language, spelling and grammar, and accuracy in correct forms of legal citation.

    Pass 50 – 64
    Work that is limited but adequate to demonstrate understanding of concepts, and capacity to analyse relevant legislation, cases and material and identify issues, and evidence of basic reading of set reading. Competent level of quality of language, spelling and grammar, and basic accuracy in correct forms of legal citation.

    Fail 0 – 49
    Poor quality work which does not demonstrate an ability to demonstrate understanding of concepts or capacity to analyse relevant legislation, cases and material and identify issues, and poor or limited evidence of basic reading of set reading. Poor quality of language, spelling and grammar, and incorrect use of the correct forms of legal citation.


    AND

    Workshop #2 – Arbitration practicum - COMPULSORY

    Full details of the Arbitration Practicum will be posted to students prior to the workshop. Grades to be awarded for the Workshop will be Pass/Fail only.

    AND

    Final Examination – 60%

    The final examination will test knowledge and understanding of all the topics covered in the course.

    The examination will consist of a number of questions, all of which will be compulsory. There will be no choice. Students will be told how many marks each question is worth and this should guide them in the amount of time they allocate to answering the questions.

    The duration of the exam will be two hours and 30 minutes (and it is suggested that students spend at least 30 minutes reading and planning their answers). The exam will be open book – meaning students may have access to their materials, including legislation and their textbook, during the examination.

    The examination will take place on Saturday, 25 June 2016; 9.30am – 12.00pm. You will download the exam from My Uni and submit via email attachment.

    The following learning objectives identified above are tested by this component of the assessment scheme: 2.1.1(a)-(g).

    Grade Descriptors for the Final Examination are as follows:

    High Distinction 85 – 100
    Demonstrates an outstanding of the substantive content of the content of the course in addressing the questions asked; very strong knowledge of principles and concepts and evidence of an awareness and understanding of deeper and more subtle aspects of the topics; clear evidence of a strong ability to construct a coherent and logical argument based on the evidence; strong evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; very highly developed skills in expression, spelling, grammar and presentation.

    Distinction 75 – 84
    Demonstrates a very high level of understanding of the substantive content of the content of the course in addressing the questions asked; sound knowledge of principles and concepts and evidence of an awareness and understanding of deeper and more subtle aspects of the topics; clear evidence of a very good ability to construct a coherent and logical argument based on the evidence; clear evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; highly developed skills in expression, spelling, grammar and presentation.

    Credit 65 – 74
    Demonstrates a high level of understanding of the substantive content of the content of the course in addressing the questions asked; sound knowledge of principles and concepts; clear evidence of a good ability to construct a coherent and logical argument based on the evidence; clear evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; good skills in expression, spelling, grammar and presentation.

    Pass 50 – 64
    Satisfies the minimum level of knowledge and understanding of the substantive content of the content of the course in addressing the questions asked; knowledge of principles and concepts adequate to communicate accurately on the topic; evidence of a basic ability to construct a coherent argument based on the evidence; some evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; adequate skills in expression, spelling, grammar and presentation.

    Fail 0 – 49
    Fails to satisfy the minimum level of knowledge and understanding of the substantive content of the content of the course and failure to address the questions asked; very little demonstrated knowledge of principles and concepts in the course; very little evidence of ability to construct a coherent argument based on the evidence; very little evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; inadequate skills in expression, spelling, grammar and presentation.
    Submission
    Students must retain a copy of all assignments submitted in this course. The written assignment should be double-spaced and have margins wide enough to allow for comments and feedback by the examiner.

    All assignments in this course are to be submitted electronically. By submitting your assignment electronically you are agreeing to the following:
    I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the Policy on Cheating in Examinations and Related Forms of Assessment. I have also read the University's Plagiarism Policy.

    Details for electronic submission will be provided with the assignment instructions.

    Extensions: Requests for extensions must be made via email to the Course Coordinator, Ms Nadia Tarasenko. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are generally not unexpected circumstances.

    When students apply for an extension, their application must give details of the extent and length of the student’s medical, compassionate or extenuating circumstances, and the length of extension that is requested. The Course Coordinator will email the student with the outcome of their request as soon as possible after it is received. If an extension is granted, it is only provisional until formal evidence of the medical, compassionate or extenuating circumstances is received. The evidence submitted must be consistent with details provided in the email requesting the extension. If the details of the request for an extension, and the medical or other evidence verifying the reason for the extension are not consistent in all respects, the extension may be nullified, and the course administrator may in their discretion decide not to accept the assignment, or impose a penalty for late submission.

    The duration of an extension is for the course administrator to determine. However, where a student is completing their studies in a program, an extension should not be granted past the census date in the following semester.


    Penalties:

    1. Late Submission: Submission penalties of 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an assignment graded 63% will have 5% deducted if it is one hour late, giving a final grade of 58%, 10% if it is 25 hours late, etc.

    2. Word Length: Written assignments which exceed the allocated word length will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, giving a final grade of 58%; if it is 3101 words long, 10% will be deducted etc). The word count includes all footnotes and headings within the text but excludes cover page information. Quotations and all referencing information are included in the word count.

    Turnaround time: The written assignment for this course will be returned to students within 3 weeks of the submission date. Group feedback, together with written, individual feedback will be provided, from which students can learn from in the final assignment.

    Assignments will be returned to students electronically.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.