Dispute Resolu,on and Ethics

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Dispute Resolu,on and Ethics, need 1500 words.

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All the resources from class: https://we.tl/t-KZPUC3drYn Please do download materials, because it’s AUSTRALIAN law, so it’s better you use from the given slides (much easier than researching). Class Rules: This class has a ZERO tolerance policy of AI. Ø The AI rate should be below 1%, check from: https://www.zerogpt.com No argument of the AI similarity, I have already gave you the tool, check yourself before upload. https://copyleaks.com The AI test result should be green and shows that it’s Human Language. Ø The similarity of Turnitin.com should be below 7% from school requirement. Ø The AI % of Turnitin.com should be below 5% from school requirement. Instruction: Dispute Resolu,on and Ethics 2024 Interim Assignment Due Date Friday 12 April 2024, 2pm Word Length 1500 words %Final Grade 20% 10% (Hons students) Submission Online via Turnitin Assignment goals The goals of this assignment are for students to: 1. Show that they understand the purpose of pleadings and pre-trial processes; 2. Demonstrate that they understand and can apply the rules regarding pleadings and pre-trial processes; 3. Show that they understand and can apply the rules regarding disclosure and privilege of documents; 4. Engage in critique of pleadings and explain appropriate responses to issues identified; 5. Demonstrate understanding of the concepts of material facts and fair notice in civil process; 6. Demonstrate strategic awareness in procedural advice, including capacity to predict likely outcomes, the utility of specific material in context, and costs implications of actions; 7. Communicate succinctly and coherently in a professional legal voice; 8. Plan to utilise pre-trial processes in an appropriate and strategic manner; 9. Articulate sound justifications and reasoning for their decisions; 10. Support arguments with clear reference to facts, relevant rules and cases; 11. Plan and produce a well-structured document articulating procedural principles; 12. Identify and engage appropriately with ethical issues in civil procedure. The assignment is based on content from weeks 1 to 6 (inclusive), including the required readings, lectures and seminars. There are four ques;ons in total and you must answer all ques;ons. The assignment is redeemable by Part 1 of the exam. Marking rubric Criteria 1. Pleadings Critique a pleading for compliance with UCR, form, structure and utility, and develop Feedback 2. 3. 4. 5. appropriate response plan to issues in pleadings explaining responses Disclosure Demonstrate a sound understanding of the rules governing disclosure and production of documents Apply principles of privilege in the context of specific pleadings and documents Problem solving Identify and engage with procedural challenges and develop strategic proposals for actions with appropriate explanation of justifications, evaluation of strengths of arguments and options Written expression Succinct and clear written communication (particularly, avoiding over-use of legalistic language and terms), structure and layout clear and appropriate Ethics Identification and engagement with ethical issues Marking criteria The marks for the assignment will be assessed on the following consideraXons: Fail 0-49% • Demonstrates fundamental errors of understanding of key legal principles and concepts • Planned responses inappropriate or not properly jusXfied • Demonstrates limited analyXcal and evaluaXve skills Pass 50-64% • Demonstrates basic understanding and applicaXon of rules of pre-trial process • Planned procedural steps improperly arXculated or jusXfied, and plan could not be implemented without substanXal revision or further development • Expression and structure need some further development Credit 65-74% • • • • Demonstrates thorough understanding of rules of pleading and pre-trial processes Demonstrates criXcal legal thinking and evaluaXve skills in key areas EffecXve structure and clear communicaXon throughout Developed plan will progress client’s case and comply with UCR and ethical principles Distinction 75-84% • High standard of understanding of the principles of pre-trial process with some original and sophisXcated perspecXves • Good applicaXon of rules of pleading, and development of procedural plan which will progress client’s case in an effecXve manner 2 • High level of insight analysis and criXcal legal thinking • Well-developed communicaXon skills High Distinction 85-100% • Outstanding level of understanding and applicaXon of pre-trial process to develop a highly effecXve procedural plan demonstraXng excellent knowledge and applicaXon of rules, cases and ethical principles • High level of insight analysis and criXcal legal thinking • Compelling, well-supported and logically structured legal arguments • Highly developed communicaXon skills 3 Assignment Instruc;ons On Friday 23rd February 2024, Dorian Gray was heading in to enjoy the O-Week fesXviXes arranged by The University of Adelaide for students about to commence their new academic year. At around 11am, Dorian made his way through the lower entrance to the campus from Victoria Drive towards the Barr Smith Lawns where he noXced a ‘Vintage Vibes’ market set up. That night he was going to the opening of ‘Retro River Cruises’ along the mighty Torrens River. He was adending with some new law school friends and was desperate to make a spectacular impression – some vintage threads from this market might be the very thing. As he glanced over towards the racks of clothes, he noXced a deep purple velvet suit that looked like it might be from the 1970s. It had a $5 price tag adached although Dorian knew it was worth at least 100 Xmes that, probably more. He couldn’t believe no one else had snapped it up yet and felt sure that at any second someone else would realise its true beauty and it would be gone. Without thinking, he ran full pelt towards the market and adempted to hurdle the low temporary fencing that had been installed around the lawns. Unfortunately, Dorian misjudged the height of the fence, clipped it with his toe, and fell heavily over the top. He put his hands out to break his fall and pain immediately shot up his leg wrist and arm. Several people ran over at the sound of his agonised scream and asked if there was anything he needed. ‘The only thing I need is that purple suit,’ he rasped. Ten minutes later he was heading home with his new suit tucked into his backpack, in too much pain to face any more of the day on campus. Later that evening, ager having laid low for the rest of the day, Dorian gingerly pulled on the purple suit, wincing in pain as he eased his injured arm into the sleeve. It crossed his mind that he should probably get some medical help or stay home and rest at the very least, but when he looked at himself in the mirror, he thought it wouldn’t be fair to his new friends to deny them the opportunity of seeing the fabulousness of him in this ouhit. Dorian’s house mate, Florence, bustled in holding a tray full of chocolate brownies. She stopped short when she saw him and gave a low whistle. ‘If you want to know if the pain was worth it,’ she said, ‘it absolutely was. You look incredible. Here I baked you some treats to help you feel beder.’ Dorian rolled his eyes. ‘I hardly think all that fat and sugar is going to help me feel beder. I’m holding my breath as it is.’ ‘Trust me,’ said Florence giving him a wink, ‘they’ll help.’ Dorian ended up eaXng three of Florence’s brownies. They were delicious and she was right, they did help him feel a fair bit beder. A lidle light-headed maybe, but that was beder than the pain he had been in before. He caught an Uber into the city and met his friends on the bank of the Torrens at 7:15pm as arranged. Rex Rascal was the owner of Retro River Cruises. He had been excited about his new business venture, parXcularly about the opportunity to relive his glory days by partying with young people every week. Unfortunately, the advance enquiries he had received had mainly been from people who remembered the retro eras firsthand. He was starXng to get the impression that his cool party boat would soon become a floaXng reXrement village. 4 It had been a stroke of genius to have the opening event during O-Week and to give out free Xckets at the university. Rex just had to make sure this was an unforgedable night so these kids would tell their friends and the good Xmes would come rolling in. There had been a lot of sleepless nights and stress in the week leading up to Friday 23rd, and by the Xme he cut the ribbon and uncorked a bodle of champagne at 7:30pm he had already had six vodka red bulls to make sure he was ready to put on the greatest night of these young people’s lives. However, as he stood onboard taking Xckets, he started feeling a bit unsteady. It would be a disaster if he crashed the boat on the first night. He started to panic unXl he saw a boy dressed in a purple velvet suit. He seemed very calm and was the only one dressed in theme, which showed he was earnest. Anyone that calm and earnest would make a perfect boat captain. Rex introduced himself to Dorian and placed the captain’s hat firmly onto his head. ‘You look terrific, Captain Purplepants,’ Rex told Dorian as he led him over to the wheel. Rex turned to the partygoers and said ‘There are three rules on my boat. Number one - everyone should wear a life jacket except of course if you don’t want to ruin your ouhit. Number two - everyone should respect Captain Purplepants. He’s in charge now. Number three – what happens on the party boat, stays on the party boat. Let’s do this!’ Dorian had never even been on a boat before, but he didn’t think it could be that hard to drive one. He felt very handsome and important in his suit and captain’s hat. Rex showed him how to get it started and said to Dorian, ‘Are you sure you’re okay to take it from here, Captain Purplepants? I’m leaving you in charge.’ Dorian hesitated for a moment but then nodded. The song Funkytown had come on the speaker system and given Dorian a fresh wave of confidence. Rex disappeared into the crowd swigging from the open bodle of champagne. Dorian thought he was doing a predy good job. So far, he had just been keeping it straight, but he was sure he looked good doing it. His mind sXll felt foggy, and it had begun to drig off when he heard someone shout, ‘Watch out for those swans!’ Dorian turned the wheel hard and sharp to the leg. The pain, which had been dulled came roaring back into his wrist and he screamed, lenng go of the wheel and stumbling to the side. The boat lurched and many of the partygoers dropped drinks or fell to the ground. Although the boat was travelling at a low speed, it was now travelling straight towards a pylon under a bridge and, in the panic, no one corrected the course. When the slow collision occurred, most of the passengers only felt a slight bump, but for Dorian (who by now was leaning over the edge, sick with the pain) it was enough to send him toppling overboard. Rex saw him fall and jumped in too, grabbing a sopping handful of the velvet suit and hauling Dorian up to the bank. Another partygoer called ambulances for both Dorian and Rex. Rex was treated at the scene and told he probably just needed a warm shower and a good sleep. Dorian was unconscious when the ambulance arrived and was taken to Royal Adelaide Hospital. He had a concussion, his wrist was broken in three places, and he had four broken ribs. He needed immediate surgery on his wrist to repair the damage. He was released from hospital three days later but was sXll in a lot of pain and required ongoing rehabilitaXon and physio. Since the accident he has been having flashbacks to the night and has been too embarrassed to go to university. He has withdrawn from all the classes in which he was enrolled for the semester. He has also been unable to return to his part-Xme job at Lidle Nippers Swim School, where he taught children to swim, because he has developed a fear of all bodies of water. 5 Rex lost his boat licence, his business, and received a large fine. He had to sell the party boat and has declared bankruptcy. Dorian approached your firm on 15th March to represent him in an acXon he wished to commence against Rex. Ager speaking to Dorian, and his housemate Florence, you had concerns about the earlier injury Dorian had sustained at the university, the possibility of something more potent than sugar being in Florence’s brownies, and the risk of significant contributory negligence (and perhaps Rex even countering with his own claim). You took these concerns to a senior partner, along with some interview notes that you had prepared ager speaking to Florence. The senior partner glanced at the notes and leg them adached to the file but said there was no point suing Rex anyway because you couldn’t get blood from a stone. She advised you instead to bring a negligence claim against the university. ‘Then you could leave out any menXon of the brownies or the boat and it’s much more likely the university will be able to pay damages. Just make sure you make it clear that the fall over the fence caused the injuries.’ Something about this suggesXon didn’t feel quite right, but she was your senior, most of what she said made sense and it seemed to be an opXon that was acXng in the best interests of the client. You went back to Dorian with this advice. ‘That’s a good idea,’ he said. ‘That fence was such an awkward height. Why was it even there? They know students are going to jump it. Who could be bothered walking around the outside each Xme just to get to the grass? The only thing is I also want to claim for my suit. I got it cheap but it’s worth heaps. Can you just bump up the amount to cover that too? Heartbreak included.’ He confirmed in wriXng his new instrucXons to commence acXon against the university. You reported back to the senior partner but sXll felt uneasy, especially ager Dorian’s new remarks about damages, so reiterated your concerns. She responded, ‘No problem, if you’re going to whine about it, I’ll get the other graduate to take the file. He’s beder than you are anyway.’ It stung a bit, but you were glad the ethical dilemmas were out of your hands. About a month later, you are handed the file by another partner, Mx Tan.1 Mx Tan instructs you to review the Statement of Claim that has been draged by another junior at the firm, and says, ‘We want to file it pronto. Let’s go straight to the Supreme Court. And don’t bother about wriXng to the university first, those leders are such a waste of Xme!’. The draB documents for your review appear below. 1 Mx is a gender-neutral honorific, used as a title for those who do not identify as being of a particular gender, or for people who simply don't want to be identified by gender. 6 CLAIM SUPREME COURT OF SOUTH AUSTRALIA CIVIL JURISDICTION Dorian Gray, Applicant University of Adelaide, Respondent Amount Claimed: Amount Claimed $550,000 Court Fee on Filing $2,943 TOTAL CLAIMED Applicant Dorian Gray Name of law firm / solicitor Hewitt, Carter & Spyrou If any Law Firm Address for service 320 Flinders Street Solicitor Street Address (including unit or level number and name of property if required) Adelaide SA 5000 Australia City/town/sub urb State Postcode Country solicitor@hcs.law.com.au Email address Phone Details + 61 8 8123 4567 Type - Number 7 Respondent The University of Adelaide Address North Terrace Street Address (including unit or level number and name of property if required) Adelaide SA 5005 Australia City/town/sub urb State Postcode Country wedidntdoit@universityofadelaide.edu.au Email address Phone Details +61 8 8000 0000 Type - Number Claim Details Matter Type: The Applicant makes this Claim against you as set out in the Statement of Claim below. [x]The Applicant would consider mediation to assist in resolving this Claim. To the Respondent: WARNING If you wish to defend the claim, you: • • may file and serve on all parties a Notice of Acting (which will give you access to the file) must within o 28 calendar days if you are served within Australia; OR o 30 business days if you are served outside Australia from service of this claim file and serve on all parties a defence. If you do not do so, after that time judgment may be entered against you including orders as to costs. Judgment will allow the person who has obtained judgment to take enforcement steps. This may include orders to sell your property. If you wish to make a counter claim or claim against a third party, you must within the same time file and serve on all parties a counter claim or third party claim as the case may be. 8 For instructions on how to file a notice of acting and/or defence and how to obtain access to the file, visit https://courtsa.courts.sa.gov.au/?g=node/473. Pre-Action Steps Mark with an ‘x’ the pre-action steps that have been taken [……] Has the Applicant served a notice of claim under the Rules of Court? [……] Have all Respondents served a response under the Rules of Court? [……] Have all parties conferred to attempt to resolve the dispute under the Rules of Court? Service The party filing this document is required to serve it on all other parties in accordance with the Rules of Court. Accompanying Documents Mark appropriate sections below with an ‘x’ Accompanying service of this Claim is a: [X] Multilingual Notice (mandatory) [……] Notice to Respondent Served Interstate (mandatory if address of the respondent to be served is interstate) [……] Notice to Respondent Served in New Zealand (mandatory if address of the party to be served is in New Zealand) [……] Notice to Respondent Served outside Australia (mandatory if address of the party to be served is outside Australia but not in New Zealand) [……] If other additional document(s) please list them below: Note to Parties There are usually cost penalties for making an unsuccessful claim or resisting a successful claim. 9 If an amount less than $12,000 or an order for work of the value of less than $12,000 is claimed, a lawyer cannot represent any party at the trial (subject to some exceptions in section 38(4)(a) of the Magistrates Court Act 1991) and the minor civil cost scale will generally apply. STATEMENT OF CLAIM Part 1 IntroducWon by Applicant On 23rd February 2024, Dorian Gray (the Applicant), was entering a pop-up market located on the Barr Smith Lawns (the lawns) on the North Terrace Campus (the Campus) of the University of Adelaide (the Respondent). The Applicant was entering from the northern end and alempted to jump a low temporary fence that had been erected around the lawns. The Applicant tripped on the fence and fell heavily, severely injuring his arm and ribs. The injuries were caused by the negligence of the Respondent. Cause of acWon: Negligence Part 2 Background/uncontroversial maYers 1. At all material times the Respondent occupied the Campus and was responsible for the upkeep of common areas, including walls and walkways. 2. The Applicant was a student arriving on the Campus for O-Week celebrations that had been organised by the Respondent. 3. The Applicant entered the Campus at approximately 11.00pm from the gates on Victoria Drive. 4. The Applicant was heading in a Southerly direction when he noticed a pop-up market on the Barr Smith lawns. 5. There was a crowd at the market and bargain prices for fabulous items, so the Applicant was enticed to enter with as much haste as possible. 6. The quickest way to enter was over a low temporary fence surrounding the lawns. Given the enticement and the crowd blocking alternative routes, the Applicant was left with little choice but to jump the fence. 7. The Applicant misjudged the height of the fence. His toe clipped the fence, he tripped and put his arms out in front of him to break his heavy fall. 8. The Applicant screamed in terrible pain and several witnesses rushed to his aid. The witnesses commented that they heard the crunch of his bones and that it looked like a really bad fall. 10 9. One witness said they knew something like this would happen because everyone was jumping the fence that day. 10. The Applicant was admitted to hospital later in the evening on 23rd February 2023. 11. The Applicant suffered extensive injuries and underwent surgery that night. 12. The applicant had limited function in his wrist and required a period of rehabilitation and physiotherapy. 13. He had to withdraw from university and was unable to continue his part-time job at a swim school. Part 3 Other facts forming the basis of the claim 14. The Respondent owed the Applicant a duty of care, which was breached. The Applicant’s injuries were caused by the accident on 23rd February 2024 and were a direct consequence of the Respondent’s negligence and were reasonably foreseeable. 15. The Respondent breached its duty of care in that it knew that students and other entrants to its premises were jumping the temporary fence surrounding the lawns. The Respondent knew that there was a risk that someone might be injured by jumping the fence and failed to take adequate steps to prevent this from happening. 16. Specifically, the Respondent did not ensure: a. proper warning signs on the temporary fence; b. adequate access to the lawns other than over the fence; and c. the fence was a safe height. 17. As a result of the accident, the Respondent has ongoing medical bills, pain and suffering, lost opportunity, and lost income. Part 4 Orders sought Outline orders sought in separate numbered paragraphs 1. 2. 3. 4. 5. $550,000 damages Court fees $2943 Interest Costs Any other order that the Court sees fit. 11 Certification Mark appropriate section below with an ‘x’ X As the filing lawyer, I certify that this pleading is filed in accordance with the instructions of the party/parties for whom I act. There is a proper basis for each allegation of fact in the pleading and it complies with the Rules of Court. Signature Name printed Date Write a memo outlining: 1. Any deficiencies in the draft Statement of Claim and how they can be corrected. Also provide advice about whether you think that there would be a stronger claim against Rex and if so if you recommend pursuing this claim as well (or instead)? Why or why not? [In answering this question focus only on issues of common law negligence]. [30 marks] 2. A summary of how you anticipate the Respondent might respond if the Statement of Claim is filed in this form. Include a discussion of any short-term procedural steps the Respondent might take and a short analysis of any substantive defences you think the Respondent may raise. [20 marks] 3. Any ethical or other challenges that you have identified with the proposed case and the draft documents. [20 marks] Following review of your eye-opening memo, Mx Tan tells you that Dorian has also received a preacXon leder from Rex staXng that he intends to commence a claim against Dorian for the losses suffered in the boat accident. The partner tells you that Rex’s lawyer has called to request a copy of the notes that you made in your interview with Florence so that he can properly formulate the cause of acXon. He says the Rex’s lawyer knows there is something juicy in the notes because the senior partner you had shown them to was drunk at a recent networking event and talking about the case. Rex’s lawyer says she kept doing a big, weird wink every Xme she menXoned the interview notes. 4. Mx Tan has asked you to prepare a second memo2 detailing whether your firm needs to hand over the interview notes. Consider whether Rex’s lawyer is entitled to these and what arguments might be made to resist handing them over. [30 marks] 2 Note, for the purposes of the assignment you can prepare a single memo that addresses all four ques>ons. We have included a template that you may wish to use for your memorandum. Please note that words in the heading do not count towards the word count. 12 MEMORANDUM OF ADVICE To: Mx Tan From: XXXX Subject: Dorian Gray Legal AcXon 13
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Explanation & Answer

Attached.

MEMORANDUM OF ADVICE

To: Mx Tan

From: XXXX

Subject: Dorian Gray Legal Action

The purpose of writing is to inform on possible deficiencies in the Statement of Claim and the
possibility of filing a claim against Rex, ways the Respondent might respond to the Statement of
Claim, ethical and other challenges related to the draft documents and proposed case, and
grounds of giving Rex’s lawyer the interview notes.

Statement of Claim and Claim against Rex

The Statement of Claim (SoC) is generally divided into two parts. The first part is divided into
sections. The first is the introductory or explanatory statement that positions the parties in time
and states the cause of action. The second part should explain the event that constitutes the cause
of action, allegations of the legal wrongdoing asserted against the respondent, and the interests
and costs. Even though all details of the claim are included they are overly stated and
inappropriately arranged. The introduction ought to be one to two sentences only explaining
what the case is and the cause of action. The date, names of Applicant and Respondent, the
direction of entry, and locations of injuries should not be included in the introductory statement.
Moreover, the background should only explain the claim. It should not show any evidence that
will prove the facts. Also, it should only include the key facts to tell the story and support the
cause of action. The key facts should focus on establishing a duty of care based on the

relationship between the applicant and the respondent. It should state there is an occupier’s duty
of care by the fact of occupancy and legitimate presence of Gray; that Gray was there and that
the University is the occupier. The Background information should only include key facts to
show the facts forming the basis of the claim in P...


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