- The purpose of the problem question is to assess your ability to construe statutory provisions and evaluate different constructions.
No plagiarism. use your own words - use Australia Victoria legislation as I am located in Australia Victoria
- use the Required Textbook for this subject when doing the assignment: D Pearce, Statutory Interpretation in Australia, 9th Edition, LexisNexis, 2019.
- Use whole sentences. Numbering and headings allowed.
- Observes academic/legal style and citation conventions and relevant citation rules, specifically AGLC4 r 3.1, 3.5
when you’re doing the assignment you have to talk about each of these.
Brief answer:
The section or subsection and the words in doubt:
Construction for the Applicant:
Construction for the Respondent:
Analysis for the Applicant:
Provision
Act as a whole
Legislative History
Wider Context
Analysis for the Respondent:
Provision
Act as a whole
Legislative History
Wider Context
Evaluation:
Conclusion:
• Highly accurate, precise and concise identification of the facts material to the question.
• Example: Facts are concisely expressed
• Completely, accurately and succinctly identifies the identifies the statutory provision, the meaning of which is in doubt and develops relevant opposing constructions of the section
• Example: clearly identifies the relevant provision and composes constructions that are concise and accurate
• Sophisticated, insightful and accurate use of interpretive techniques to resolve question.
• Example: Coherent flow of argument (integrates counter arguments in a sophisticated way). Sophisticated recognition and application of relevant interpretive criteria
• Exceptional skills in oral or written communication, with logical and clear scaffolding of arguments
• Excellent and thorough observation of academic and legal style and citation conventions.
• Example: use of prescribed document structure, correctly applies citation conventions, appropriately uses pinpoint references, and uses very well-structured sentences
