LAW 7156 - Advanced Arbitration

North Terrace Campus - Semester 2 - 2020

This course builds on Introduction to Arbitration (LAW 7155) and deals with advanced issues in commercial arbitration and dispute determination, including but not limited to: Advanced issues under the Commercial Arbitration Act and allied legislation; Waiver and Estoppel; Advanced Law of Evidence including expert evidence and conclaves; Formal Hearings and the conduct of arbitrations including witnesses, evidence and legal issues; Completion of hearings and Awards; Writing the award; Alternatives to hearings; An introduction to International Commercial Arbitration; Costs and Remedies. 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 (day and a half). The second workshop (on a Friday and Saturday) includes extensive role play and arbitration exercises, and attendance and satisfactory participation is a compulsory part of the course.

  • General Course Information
    Course Details
    Course Code LAW 7156
    Course Advanced Arbitration
    Coordinating Unit Professional and Continuing Education
    Term Semester 2
    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 Law 7155
    Course Description This course builds on Introduction to Arbitration (LAW 7155) and deals with advanced issues in commercial arbitration and dispute determination, including but not limited to: Advanced issues under the Commercial Arbitration Act and allied legislation; Waiver and Estoppel; Advanced Law of Evidence including expert evidence and conclaves; Formal Hearings and the conduct of arbitrations including witnesses, evidence and legal issues; Completion of hearings and Awards; Writing the award; Alternatives to hearings; An introduction to International Commercial Arbitration; Costs and Remedies.
    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 (day and a half). The second workshop (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 Staff

    Course Coordinator: Ms Kathleen McEvoy

    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

    Students 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.  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
    5 - 6
  • Learning Resources
    Required Resources
    Students will be able to gain online access to the relevant Commercial Arbitration legislation in their jurisdiction, and  the International Commercial Arbitration Act 1974 (Cth) . Both pieces of legislation will be needed for this course.


    Textbook
    Students must obtain or have access to the following text:
    Doug Jones, Commercial Arbitration in Australia, Thomson Reuters (Professional) Australia Limited, Sydney, second Edition, 2013
    Recommended Resources
    Internet Resources:
    The website of the Resolution Institute  is http://www.resolution.institute/
    This site provides access to information concerning IResolution Institute membership and events, as well as a wide range of information concerning arbitration more generally, and relevant websites.

    Australian Legal Information Institute (Austlii) site - http://www.austlii.edu.au/
    This website provides free access to a wide range of Australian legal resources, including legislation and court decisions.

    Other websites containing recommended material will be referred to and available throughout the course and will be linked on the course MyUni site.
    Online Learning

     MyUni will be used to post announcements and assignment and other learning tasks. It will also contain electronic copies of the Course Outline ( this document ,which sets out all the requirements of the course), 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. It will also contain any PowerPoint slides used in the workshops ( posted at or after the workshops). 

    The materials for each week's topic are set out in a modular format in MyUni. An interactive online tutorial will be conducted on a fortnightly basis through Zoom - students can participate in the online tutorial or view the recorded tutorial from MyUni at a later time.

    Students will need to complete and submit tutorial questions on a weekly basis - a week before the topic is due for discussion at the online tutorial. 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.

    The tutorial questions and answers will be discussed at the online tutorial. Students will also be able to submit questions on the discussion board prior to the online tutorial.

    Students will also contribute to discussion boards  on MyUni. The discussion boards provide additional learning flexibility to enable students to demonstrate their participation and learning in the course, and also provide an online venue for students to engage in discussion with each other as part of the learning process.

    Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course, as well as annpouncements concerning the course and arrangements.

  • Learning & Teaching Activities
    Learning & Teaching Modes

    Introductory Workshop- Saturday 25 July 2020 Adelaide and Online
    There will be a half day introductory workshop at the beginning of the course,which will be conducted in person in Adelaide but available for online participation through MyUni. The workshop will be available in Adelaide on Saturday 25 July 2020.  This workshop is not compulsory, but students are strongly encouraged to attend or otherwise participate online. Further information regarding the workshop venue and online participation arrangements will be provided to students directly prior to course commencement.

    The online session will provide a revision and contextualisation of the material covered in the Introduction to Arbitration course as well as an introduction to the material in this course. In particular it will address the relationships between the State and Territory uniform commercial arbitration legislation, and the Commonwealth legislation.



    Online tutorials
    Online tutorials located through MyUni provide the primary learning activities for this course. The tutorials provide specific guides to reading the information contained in the textbook, and the problems provide an opportunity for students to test their understanding of that material through a series of questions and short problems which are answered online. Once the questions have been addressed, students can access general online feedback in the form of a “model answer” to each question, enabling students to assess their own understanding of the material.

    An interactive online tutorial will be conducted on a fortnightly basis Wednesdays from 4.30 (CST) using Zoom- students can participate in the online tutorial or view the recorded tutorial from MyUni at a later time.

    The tutorial questions and answers will be discussed at the online tutorial. Students will also be able to submit questions on the discussion board prior to the online tutorial.

    To participate effectively in online learning, it is anticipated that students will spend about 7 hours per week in the reading and preparation of the material, as well as up to 2 hours per week online addressing the online exercises and participating in the online tutorial.

    Date Tutorial
    Wednesday 5 August 2020 Tutorials 1 & 2
    Wednesday 19 August 2020 Tutorials 3 & 4
    Wednesday 2 September 2020 Tutorials 5 & 6
    Wednesday 30 September 2020 Tutorials 7 & 8
    Wednesday 14 October 2020 Tutorials 9 & 10


    While students can access the materials in the tutorials at any time, the material builds on the previous week’s work. Students are strongly advised to work consistently through the semester in order to provide themselves with the best learning opportunities.

    Discussion Boards
    There are Discussion Board topics for each week of the course, other than for the Workshop.
    The Discussion Boards provide opportunities for students to address with other students specific issues on substantive aspects of the topic identified on the Board. Students are expected to contribute to each discussion board at least once, but may make whatever additional contributions they choose. The Discussion Boards take the place of broader discussion that might occur face to face at tutorials or in more informal discussion between students, and enable valuable developments in understanding the issues in the course. The purpose of the discussion boards is to provide an opportunity for students to learn from one another and to share their learning, and to provide a flexible forum for participation and to demonstrate their understanding.

    It is expected that students will spend an hour a week reading and contributing to the discussion board for the week’s topic.

    Discussion Board questions will be posted on a weekly basis. Students should access the discussion board on a weekly basis in order to provide themselves with the best learning. The discussion board will be monitored by the academic staff and general  feedback will be provided where appropriate.


    The second Workshop (Workshop #2) will be conducted over 2 days- Sydney: Friday 11 September and Saturday 12 September 2020; and Adelaide: Friday 18 September and Saturday 19 September 2020


    Attendance at and participation in both days of Workshop #2 is a compulsory part of the course. Workshop assessment is based on the Saturday workshop.

    On Day 1 (Friday) there will be an opportunity to revise some of the material directly relevant to the arbitration exercises to be undertaken on the Saturday, and in particular to look at issues addressing the definition of the dispute for arbitration and an analysis of the hearing.The second part of the day will be preparationfor the practicum on the Saturday, and students will be required to have and be familiar with the materials for the practicum.

    On Day 2, Workshop #2 takes the form of an Arbitration Practicum, with role play and Arbitration exercises. The workshop on the Saturday will be conducted by experienced practitioner arbitrators from the Resolution Institute. Students will have an opportunity to put their knowledge into practice with the assistance and support of professional guidance. The Saturday workshop will address the application of legal principle to the resolution of the dispute, and the development of the award and award writing.

    In order to successfully complete the workshop and its assessment students will have to have completed all online tutorials and discussion boards covering the topics prior to the workshop.

    Workload

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

    Workshops
    There are two workshops:
     No.1      • Saturday 25 July 2020 ( Online only)

    Workshop #1 - A half day introductory workshop at the beginning of the course. This is NOT compulsory but attendance online is encouraged. This is a 4 hour session available for all students to participate live online through MyUni.

    No.2Friday 11 September 2020 and Saturday 12 September 2020 (Sydney) OR Friday 18 September 2020 and Saturday 19 September 2020 (Adelaide) 2 day workshop.

    Workshop #2 -  THIS WORKSHOP IS COMPULSORY. This workshop is 6.5 hours on the Friday, and 7.5 hours on the Saturday. There will be preparatory work required for this workshop. The time commitment for this workshop and preparation will be 14 (attendance) + 3 (preparation) hours.

    Online Contact time
    Students are expected to participate in the online tutorials and weekly Zoom tutorial session and it is expected this will take about 2-3 hours per topic (approximately 24-36 hours), and online discussion boards per topic each for one hour (approximately 10-11 hours).

    Preparation time
    In addition to attending the workshops and participating in the online learning activities, students are expected to undertake independent reading and research in order to complete the learning tasks and to complete the course assessments. It is expected that reading and preparatory work will take up approximately 8 hours per week over each of the 12 weeks of the course.

    Learning Activities Summary
    Schedule
    Week Dates Topic Workshop Online Tutorial Discussion Board
    1 Saturday 25 July 2020 Adelaide
    1.00-4.30pm

    and available for live online participation through MyUni
    #1 No specific tutorial topics for this week.
    There will be an introduction and overview of the course including assessment arrangements, a discussion of the Exam in the Introduction course & general revision of some aspects of the introduction course.
    Introductory session (online or in person in Adelaide) Topic # 1 There are no discussion board questions for this week/topic. However, any questions you would like discussed at the Introductory Workshop can be posted on the Discussion Board for this week.
    2 Week commencing
    27 July 2020
    #2 Advanced Issues under the Commercial Arbitration Act and Allied Legislation Topic # 2 Advanced Issues under the Commercial Arbitration Act and Allied Legislation
    3 Week commencing
    3 August 2020
    #3 Waiver and Estoppel Topic # 3 Waiver and Estoppel
    4 Week commencing
    10 August 2020
    #4 Advanced Law of Evidence (Part 1) Topic # 4 Advanced Law of Evidence (Part 1)
    5 Week commencing
    17 August 2020
    #5 Advanced Law of Evidence (Part 2): Expert Evidence and Expert Conclaves Topic # 5 Advanced Law of Evidence (Part 2): Expert Evidence and Expert Conclaves
    6 Week commencing
    24 August 2020
    #6 Formal Arbitration Hearings Topic # 6 Formal Arbitration Hearings
    7 Week commencing
    31 August 2020


    Due: Monday 7 September
    #7Completing the Hearing – The Award

    Each student is required to post a question to be considered for discussion during the first day of the workshop.
    Topic # 7 Completing the Hearing – The Award


    Appeals and referrals back to Arbitrator
    SYDNEY
    Friday 11 September
    10am-4.30pm

    SYDNEY
    Saturday 12 September 9am-4.30pm
    WORKSHOP #2
    • Revision of Materials
    • Problems and Issues discussion
    • Preparation for workshop

    • Defining the Dispute and conducting the hearing
    • Arbitration Practicum
    Role Play and
    • Arbitration Exercises
    Workshop #2
    Day 1


    Workshop #2
    Day 2
    Topic # 8
    8 ADELAIDE
    Friday 18
    September
    10am-4.30pm

    ADELAIDE
    Saturday 19 September
    9am - 4.30pm
    WORKSHOP #2
    • Revision of Materials
    • Problems and Issues discussion
    • Preparation for workshop

    • Defining the Dispute and conducting the hearing
    • Arbitration Practicum Role Play and
    • Arbitration Exercises
    Workshop #2
    Day 1


    Workshop #2
    Day 2
    Topic # 8
    9 Week commencing
    21 September
    #9 Available Alternatives to Formal Hearings & Section 27D Conferences Topic # 9 Available Alternatives to Formal Hearings & Section 27D Conferences
    10 Week commencing
    28 September
    #10 Costs and Remedies Topic #10 Costs and Remedies
    11 Week commencing
    5 October
    #11 Court References and Powers of Courts Topic #11 Court References and Powers of Courts

    ASSIGNMENT DUE MONDAY 15 OCTOBER
    12 Week commencing
    12 October

    Assignment Due: Monday 19 October 5pm
    #12 Introduction to International Commercial Arbitration


    ASSIGNMENT DUE
    Topic #12 Introduction to International Commercial Arbitration

    Submit via My Uni by 5.00pm
    Saturday 21 November EXAMINATION Must attend exam location or apply for individual invigilated exam
    Specific Course Requirements
    Students should note that attendance at and participation in the second workshop (Workshop #2) is compulsory, and students must pass the practicum component in order to pass the course,in addition to an overall pass across the other assessment items.
  • 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 Task Task Type Due Weighting Length Redeemable Learning Outcome
    Completion of online tutorials and making of contributions to discussion boards Individual Throughout semester on weekly basis
    Individual feedback provided for tutorial questions for topics 2-4. Group feedback and/or model answers provided throughout semester.
    20% 500-700 words per weekly tutorial No 1,3,6
    Attendance and participation required in Workshop #2. Individual 11/12 September 2020, OR 18/19 September 2020 Satisfactory/ Unsatisfactory grade.
    A satisfactory grade is required to pass the course overall.
    N/A No 1 ,2,4
    Written Assignment Individual 19 October 2020 30% 2,500 words No 1 - 6
    Examination Individual 21 November 2020 50% 3,000 words No 1 - 6
    Replacement Examinations & Additional Assessment (R/AA)

    (see: http://www.adelaide.edu.au/policies/3303/)


    Where a student fails the course but qualifies academically for replacement assessment by achieving a final overall mark of at least 45% and including a Pass in Workshop #2 practicum component of the assessment, they will be offered an Additional Assessment. This Additional Assessment will take the same form as the primary examination.
    In cases where an 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 and participated in Workshop #2 but does not achieve a satisfactory (pass) grade, they must satisfactorily complete replacement 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 compassinate grounds. The form of this practical assessment will be determined in individual cases in consultation with the student and the Resolution Institute workshop representative.
    Assessment Related Requirements

     Students should note that attendance at and participation in the second workshop (Workshop #2) is compulsory, and students must pass this component in order to pass the course. In addition, in order to pass the course overall, students must complete all the other assessment exercises in this course.

    Assessment Detail

    Completion of Online Tutorials and contributions to Discussion Board topics    20%

    Online Tutorials
    Students are expected to complete all online tutorials available through MyUni.

    Having answered a question, students can then access online general feedback in the form of a ‘model answer’ which will enable the student to check their understanding.

    Students will be assessed on the quality of the responses they post in each of these tutorials.

    The learning objectives tested by this component of the assessment scheme are set out above, namely, 1 - 6. Participation in the tutorials will also enable students to demonstrate their capacity to fulfil the learning objectives in 5 - 6.

    AND

    Contributions to Discussion Boards 
    Students will also be assessed on the quality of their contribution to each of the discussion boards for each topic. Each student should make at least one contribution to each discussion board.

    Each student is required to post a question to be considered for discussion during the first day of the workshop. DUE 7 SEPTEMBER 2020

    The learning objectives tested in this component of the assessment scheme are set out above at 1 - 6.

    The grade descriptors for the discussion Boards component are the same as set out below in relation to the Online Tutorials.

    Grade Descriptors for tutorial participation are 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 addressing the question(s) which will be posted on MyUni. The assignment must be submitted electronically in Adelaide by 5.00pm on Monday 19 October 2020.

    The written assignment is to be a maximum of 2500 words. Footnotes and bibliography are not to be included in the word count. Footnotes should be limited to references only and not contain substantive material.

    In citing material in footnotes the referencing system used in the Australian Guide to Legal Citation (4th edition, 2018) should be used. This can be accessed at <<http://mulr.law.unimelb.edu.au/go/aglc>>

    In assessing the quality of the written assignment, the quality of insight and demonstrated understanding of the concepts will be of key importance. In general the following factors will be taken into account:

    Preparation: evidence of prior reading and understanding of the relevant materials, the ability to identify relevant issues and prepare arguments in relation to them;

    Quality of discussion: including evidence of a deep understanding of the conceptual issues and the ability to analyse and apply legal materials and concepts.

    The following learning objectives are tested by this component of the assessment scheme: 1- 4.



    Grade Descriptors for written assessment

    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 Satisfactory/Unsatisfactory

    Full details concerning the Workshop #2 provided to students after the commencement of the Course.

    Students will receive a Satisfactory or Unsatisfactory Grade based on their participation in the Saturday workshop and their demonstrated understanding of Arbitration, its processes and the role of the Arbitrator.

    Students must receive Satisfactory Grade in the Workshop in order to pass the Course.

    The following learning objectives are tested by this component of the assessment scheme: 1 - 6.
    AND

    Final examination 50%

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

    The examination will consist of a number of questions, all of which will be compulsory. There will be no choice. The examination paper will indicate the marks to be assigned to each question.
    The exam will be for a period of three (3) hours and ten (10) minutes, and students will use the 10 minutes to read and plan their answers.

    The exam will be open book – students may bring all their notes, materials, legislation and texts to the exam and may have access to them during the exam.

    The exam will be held on Saturday 21 November 2020. The exam will be held from 9.30am -12.40pm (Central Standard Time) Students will download the exam from MyUni and submit the completed exam via MyUni. students are not requiored to travel to a specific location for the exam; however they will need to ensurethat they have a quiet place to work in to complete the exam(eg home/office) and that they have checked the technology they will be using prior to the exam.

    Any other information or instructions concerning the exam will be posted on MyUni.

    The following learning objectives are tested by this component of the assessment scheme: 1 - 6.


    Grade Descriptors for the final examination:

    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 is to be submitted electronically. Students must ensure their name and student ID number appear on all written assignments. Comments and feedback from the examiners will be provided on line.

    By submitting their assignment electronically the student is 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 Academic Honesty Policy.

    There are strict policies applicable in relation to cheating and plagiarism and they are applicable to work undertaken in 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 course administrator, Ms JNadia Tarasenko( see detials above). 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 not unexpected circumstances and generally will not provide a basis for an extension. Any application for extension should include details of the student’s ground for the extension and evidence supporting it, and the period of the extension sought. The course administrator will email the student with the decision concerning the request as soon as possible.

    Penalties

    Late Submission
    Where an assignment is submitted after the due date, and without an extension, 5% of the total mark possible will be deducted for every day or part therefore that it is late, including each day on the weekend.

    Word Length
    Written assignments which exceed the allocated word length will be subject to a penalty of 5% of the total marks possible per 100 words or part thereof  ( ie with a word limit of 2,000, an essay  graded 63% will have 5% deducted if it is 2001 words long, giving a final grade of 58%; if it is 2101 words long, 10% will be deducted etc).Words are calculated including headings within the text but excluding cover page information and footnotes (which are required to be for reference purposes, not substance). Quotations 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. General feedback (in the form of a general “Model answer”), together with written, individual feedback, will be provided. 

    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.

    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).

    Moderation
    In 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 Examiners
    Students 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.
  • 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.

    The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. 
  • 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.

    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 Program
    Lex 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 Support
    The 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 Honesty
    Academic 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.
  • 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.