LAW5916 Business Law Trimester 3, 2024
Assessment Type: Research-Based Assignment (Individual) Weighting: 25%
Learning Outcomes Assessed: ULO 1 and 3 Word Limit: 2,000 words
Due Date: 12 January 2025 (Sunday) 11:59 pm (AEDT))
All submissions must be submitted with a signed Ozford Institute of Higher Education Cover Sheet via Moodle. Late submissions will attract a penalty of 5% of the assessment weighting for each calendar day late unless the lecturer grants an extension.
INSTRUCTIONS TO STUDENTS:
This assessment task is a research-based assignment. You are required to conduct independent research on some legal concepts and their application in Australia. The findings of the research are expected to be presented as a piece of scholarly work in an essay format.
Please see the marking rubric for further information on the marking criteria.
Question 1
Australia is a federation created under the Commonwealth of Australia Constitution Act 1900 (Imp); a statute passed by the British Parliament. This means that in addition to the national government, referred to as either the Commonwealth government or the Federal government, there are also various State and Territory governments.
Conduct research on the ‘division of powers’ in Australia and answer the following questions:
- Discuss how powers are shared by the Commonwealth and the State and Territory governments. Explain whether the division of powers is the same as the separation of powers. (5 marks)
- Discuss how the division of powers between the Commonwealth and the State and Territory governments has evolved since the drafting of the Commonwealth of Australia Constitution Act 1900. (5 marks)
Question 2
Click on the link below and read the ABC News article titled ‘Landlord appeals $250k compensation payout over fire that killed tenant in Barnsley home’ by Giselle Wakatama (posted on 29 November 2024):
https://www.abc.net.au/news/2024-11-29/landlord-appeal-house-fire-damages-death- of-tenant/104655396.
Look up the case discussed in the article and answer the following questions:
- Explain the legal issues discussed in the case, the decision made by the New South Wales District Court and the reasons why the landlord appealed against the decision. (10 marks)
- If a case with similar facts is heard in Victoria, will the outcome be the same? Explain why by analysing the relevant sections of the Wrongs Act 1958 (Vic) and relevant cases. (5 marks)
END OF ASSESSMENT
Marking Rubrics
| Criteria | Mark | High Distinction | Distinction | Credit | Pass | Fail |
| Research | Question 1 a) /2 Question 1 b) /2 Question 2 a) /4Question 2 b) /2 | Comprehensive range of authoritative and timely sources | Wide range of authoritative and timely sources | Good range of authoritative and timely sources | Acceptable amount of authoritative and timely sources | Inadequate authoritative and timely sources |
| Analysis | Question 1 a) /2 Question 1 b) /2 Question 2 a) /4 Question 2 b) /2 | Outstanding skills in issue identification, critical thinking and argument relevant to the topic | Very good skills in issueidentification, critical thinking and argument relevant to the topic | Good skills in issue identification, critical thinking and argument relevant to the topic | Acceptable skills in issue identification, critical thinking and argument relevant to the topic | Unsatisfactory skills in issue identification, critical thinking and argument relevant to the topic |
| Presentation | Question 1 a) /1 Question 1 b) /1 Question 2 a) /2 Question 2 b) /1 | Outstanding written expression and proper citations in-text and in bibliography/ reference list | Very good written expression and proper citations in- text and in bibliography/ reference list | Good written expression and proper citations in- text and in bibliography/ reference |