Structured Class Participation (10%) - Participation marks will be assessed primarily, but not only, on a student’s participation when on call during a seminar. Students will be assessed on the quality, rather than quantity, of their contributions. What is principally sought are constructive, insightful remarks (including thoughtful questions) provided consistently throughout the semester, which contribute positively towards class discussion.

In the first seminar, students will be allocated to be on call in one seminar during the course of the unit (problems/questions/topics will be in the Reading Guide and on Canvas.)  

Students who are on-call should arrive prepared to answer relevant questions from the instructor/other students. Students should demonstrate that they have read the required material, reflected on the issues raised, and have analysed these issues in light of their reading.

Students must be present and participate at their allocated seminar (and all other seminars) in order for their participation to count. In the event that a student is unable to be on call at their allocated seminar, Special Consideration may be applied for and a subsequent alternative assessment may be set. A student who is unable for any reason to complete this alternative assessment will receive nil for the 10% allocated to tutorial participation. 

Short Essay (30%)
The maximum word length is 2000 words (not including non-discursive footnotes). Students must answer one from the two option provided:

a. Were Clark v Macourt [2013] HCA 56 and The New Flamenco [2017] UKSC 43 both correctly decided?
b. Should the upcoming appeal to the High Court of Australia in Cessnock City Council v 123 259 932 Pty Ltd succeed? Why, or why not?
The essay is due at 4:00pm on 8 March 2024 Sydney, Australia time.


Research Essay (60%)
The maximum word length is 4500 words (not including non-discursive footnotes). The topics will be released after the first class and is due at 4:00pm on 24 May 2024 Sydney, Australia time. Essay topic choices will be posted on Canvas, though a student may also suggest their own topic.  

Research essay outline (non-graded) (0%): For those students who are writing the essay, and wish to devise their own topic, a precondition is the submission for prior approval of a 500 word outline due by 4:00pm on 28 March 2024 Sydney, Australia time via Canvas site. This is non-assessable. The Outline should include an explanation of the connection between the topic chosen and the unit objectives. The submission of the Research Outline by this date enables feedback on both the initial formulation of the essay question, and the initial research with respect to the research essay.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. 

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).  

Use of editors and automated writing tools: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged. 

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.