LAW 7155 - Introduction to Arbitration
North Terrace Campus - Semester 1 - 2018
General Course Information
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 domestic commercial arbitration in Australia. Topics include but are not limited to, the Commercial arbitration legislation; an introduction to evidence; establishing the basis for arbitration; introduction to other forms of alternative dispute resolution; arbitrability; opening processes for formal arbitration; pre-hearing processes for formal hearings; conduct of formal arbitration hearings; completing formal arbitration hearings; mediation and other ADR processes; powers of the courts under relevant legislation..
The Course is only offered on line, with structured on line tutorials and discussion board exercises to be completed 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 satisfactory participation is a compulsory part of the course.
Course Coordinator: Ms Kathleen McEvoy
Academic Course 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
Ms Katie Lightowler
Professional and Continuing Education
The University of Adelaide
Level 9, 115 Grenfell Street
Telephone: +61 8 8313 7502
The full timetable of all activities for this course can be accessed from Course Planner.
Course Learning OutcomesStudents who complete this course should be able to:
1. identify the fundamental principles which underpin the law regulating commercial arbitration in Australia;
2. analyse critically those fundamental principles and the applicable statutory regime and commercial arbitration case law within the context of the industry and economic circumstances of Australia;
3. 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;
4. present argument, both orally and in writing, in relation to the arbitration of commercial disputes;
5. to develop effective communication skills through participating in role play arbitration workshops;and
6. 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.
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)
1-3 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
1-3 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
4-6 Career and leadership readiness
- technology savvy
- professional and, where relevant, fully accredited
- forward thinking and well informed
- tested and validated by work based experiences
1-6 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
4-6 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
Students will need to have a copy of the Australian law adopting the UNCITRAL Model Law 2006. The South Australian Act is
Commercial Arbitration Act 2011 (SA) or choose the equivalent legislation from your jurisdiction ( you will find the Act in Austlii(see below)under your state or territory Current Legislation, and the Acts are mostly called the same).
Students need a copy of only one of the Acts, as the text and numbering is the same in each jurisdiction and it will be most useful for students to have the Act of their own jurisdiction.
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:
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:
The book should also be available to purchase through academic book suppliers, such as Unibooks and also online through Booktopia. Several copies of the book will be available on reserve in the law library of Adelaide Law School.
Recommended ResourcesInternet Resources:
The website of the Resolution Institute can be found at: http://www.resolution.institute/
This site provides access to information about Resolution Institute 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:
Additional internet resources will be found embedded in some of the Tutorial readings and exercises,and will be posted on line both at the beginning of the course and throughout the course.
Online LearningMyUni 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.
MyUni will also contain PowerPoint presentations from the workshops, posted at or after the workshops.
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 ModesIntroductory 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, as well ashow to accessany other relevant websites or materials ( eg Austlii)
• 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 lecturers and fellow students, and thereby enabling a better online learning experience
The workshop will be structured in two parts:
9.30am – 12.30pm
Commercial Law and Dispute Resolution
Overview of the course
Overview of the legislation
12.30 – 1.00pm – Lunch
(it is anticipated that a representative from the Resolution Institute will join the group for lunch)
1.00pm – 4.00pm
Commercial Arbitration legislation in Australia
Using MyUni and other websites
The online tutorials provide students with a specific guide to reading the materials contained in the text book, and then provides 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 ( this is the normal expected workload for a 3 unit course).
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 and to undertake the tutorials in the assigned order, in order to provide themselves with the best opportunity to learn in this course.
There will be discussion boards for each week of the course.
The discussion boards in the first couple of weeks will commence with some general topics coveringlegal issues relevant to commercial arbitration (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, just as general discussion in a tutorial group would do.
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 Friday 11 May and Saturday 12 May 2018 (Adelaide): and Friday 18 and Saturday 19 May 2018 (Sydney)
Attendance and participation at both days of this workshop is a compulsory part of this course.
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 revise 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 so the issues to be covered will be those nominated 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 roleplay workshop. Students will need to bring and be familiar with the materials for the second day of the workshop.
On the second day the workshop will take the form of an Arbitration Practicum, with Role Play and Arbitration Exercises. The workshop will be conducted and assessed 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 and to discuss this with the practitioners.
In order to successfully participate in and 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.
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 2 days. Together the workshops are of approximately 20.5 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 16 March -
Saturday 17 March -
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 Attendance is a compulsory part of the course. 2 Week commencing Monday 19 March #2 Introduction to the Law of Evidence Topic #2 Overview:
Dispute Resolution - hypothetical scenarios:
3 Week commencing Monday 26 March #3 Establishing the Basis for ADR and Arbitration Topic #3 Contract Law Revision 4 Week commencing Monday
#4 The Preliminary Conference (Part 1) Topic #4 Damages Revision: Contract, Tort and Equity 5 Week commencing
Monday 9 April
#5 The Preliminary Conference (Part 2) Topic #5 Expert Evidence 6 Week commencing
Monday 16 April
#6 Prehearing Processes for Formal Arbitration Hearings Topic #6 Expert Evidence 7 Week commencing
Monday 23 April
#7 Jurisdiction, Arbitrability, and Misconduct Topic #7 Contracts and the Arbitration Clause 8 Week commencing
Monday 30 April
#8 Formal Arbitration Hearings Topic #8 The Preliminary Conference 9 Week commencing
Monday 7 May
DUE MONDAY 7 MAY
#9 The Award – An Introduction Topic # 9
Students post questions for discussion in Workshop #2 by Monday 7 May
Jurisdiction and Arbitrability Friday, 11 May
10am - 4.30pm
• Legal Problem Solving and Revision of Materials – weeks 1-9 addressing student questions
• Problems and Issues discussion
• Preparation for workshop
Workshop #2 Day 1 COMPULSORY Saturday 12 May
9am - 4.30pm
• Role Play and Arbitration Exercises
Workshop #2 Day 2 NB Attendance and participation on both days is a COMPULSORY part of the course Friday 18 May
Saturday 19 May
SYDNEY 9am- 4.30pm
• Legal Problem Solving and Revision of Materials – weeks 1-9 addressing student questions
• Problems and Issues discussion
• Preparation for workshop
Role Play and Arbitration Exercises
Workshop #2 Day 1
Workshop #2 Day 2
NB Attendance and participation on both days is a COMPULSORY part of the course.
10 Week commencing
Monday 21 May
#10 Mediation and the ADR Process Topic
11 Week commencing
Monday 28 May
#11 Powers of the Court Topic
12 Week commencing
Monday 4 June
Revision Revision: Questions from students and responses by teaching staff Saturday 23 June EXAMINATION Download and submit via My Uni
Specific Course RequirementsStudents should note that attendance at all aspects of both Workshop #1 and Workshop #2 is compulsory.
In order to pass this course, it is necessary for students to gain a pass in the assessment of participation in the roleplays of Workshop #2 , in addition to an overall pass in the other assessments conducted in this course.
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment item % of final mark Due date Group or individual assessment Redeemable (yes/no) Course Learning objectives Participation (in online tutorials, discussion board and workshops) 10% Throughout course Individual 1 - 6 Workshop #2 Practicum Pass/fail Saturday, 12 May 2018
Saturday 19 May 2018 Sydney
Individual 1 - 6 Written assignment 30% Sunday 6 May 2018 Individual 1 - 6 Exam 60% Saturday,
23 June 2018
Individual 1 - 6
Where a student fails the course but qualifies academically for additional assessment by achieving a final mark of at least 45% across the course and including a pass for the Workshop #2 practicum component of the assessment, they will be offeredan Additional Assessment. This Additional Assessment will take the same form as the primary exam.
In cases where aan Additional Assessment exam is granted on academic grounds a maximum mark of 50% for the course may be obtained.
A replacement examination is also available where a student is unable for medical or other reasons addressed in the relevant policy ( compassionate grounds) to attend the examination or their performance in the examination is thereby impaired.
Replacement/Additional Assessment Workshop #2 Practicum
If a student has attended Workshop #2 but does not obtain a Pass they must satisfactorily complete sadditional 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 RequirementsStudents should note that attendance at both Workshop #1 and Workshop #2 is compulsory. A student will not pass the course if they do not attend these compulsory Workshops.
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 DetailParticipation in Online Tutorials and other tasks – 10%
Students will be assessed on their participation in the online tutorials and at the Workshops and in other tasks set.
Students will be assessed on the quality of their responses posted in these 11 tutorials ( indicating reading, familiarity with the materials and cogency of response).
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 7 May 2018.
The following learning objectives identified above are tested by this component of the assessment scheme: 1-6 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 1 - 6.
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.
Written assignment – 30%
Each student must submit a written assignment answering the question(s) which will be posted on MyUni on Thursday 29 March 2018. The written assignment is due by 11.59pm CST on Sunday,6 May 2018 and is to be submitted on line through MyUni..
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.
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.
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, 23 June 2018; 9.30am – 12.00pm (CST). You will download the exam from My Uni and can submit the completed examvia MyUni, as an email attachment or via fax. You have the option oftyping or handwriting the exam. You do not have to travelto a specific locationfor the exam; however you will need to ensure that youhave a quiet place to conduct the exam (eg home/office) and that you have checked the technology you will be using prior to the exam.
The following learning objectives identified above are tested by this component of the assessment scheme: 1 - 6
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.
SubmissionStudents 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.
There are strict policies applicable in relation to cheating and plagiarism and they are applicable to work undertakenin this course. Please see the Academic Honesty Policy available at http:www.adelaide.edu.au/policies/230
Details for electronic submission will be provided with the assignment instructions.
Extensions: Requests for extensions must be made via email to the Program Manager, 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 Program Manager 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.
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.
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.
Finality of Assessment Grades
Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).
ModerationIn accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:
- assurance of the qualifications of markers, and their knowledge of the content covered in each course;
- detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
- sharing of example marked assessments at various grade bands across markers;
- reviewing of selected marked assessments from each marker by the course coordinator;
- comparison of the marks and their distribution across markers;
- automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
- the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.
Approval of Results by Board of ExaminersStudents are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.
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.
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.
- Academic Support with Maths
- Academic Support with writing and speaking skills
- Student Life Counselling Support - Personal counselling for issues affecting study
- International Student Support
- AUU Student Care - Advocacy, confidential counselling, welfare support and advice
- Students with a Disability - Alternative academic arrangements
- Reasonable Adjustments to Teaching & Assessment for Students with a Disability Policy
- LinkedIn Learning
The centre offers 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.
Lex Salus ProgramLex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.
Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.
Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.
Student Life Counselling SupportThe University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangement Policy
- Academic Honesty Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Elder Conservatorium of Music Noise Management Plan
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
Academic HonestyAcademic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.
Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia 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.
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.