Law 301-Assessment 2-Group Case Study_Task

Law 301-Assessment 2-Group Case Study_Task
Instructions:
Students are to be divided into groups of 3, depending on the size of the class. Each group will be
assigned one of three cases/case studies in the list referred to in the task below, to make a written
analysis. In the alternative, each group may, in consultation and agreement with the Learning
Facilitator, select a specific leading case from a topical area in modules 1-4 for purposes of written
analysis.
Each student in the group is to select one of the following roles in the case study, depending on
the size of the group:
1. Plaintiff/Appellant
2. Defendant/Respondent
3. Court
Where the group comprises less than three members, each student will select one of the first two
roles and then jointly address the third role.
You will be required to read the summary of your assigned case and then analyse it in the context
and perspective of the role selected by:
✓ Identifying the legal issue(s) relevant to the selected role, arising from the given
scenario or case study
✓ Identifying the appropriate legal rules that are relevant in that context
✓ Applying the law to the facts in the selected context
✓ Reaching a reasoned conclusion that is relevant in the selected context.
The completed task will comprise an analysis of the plaintiff’s case, an analysis of the defendant’s
case and an analysis of the decision of the court in a report that should not exceed 1500 (+/-10%)
words. The task will assume your knowledge of the content covered in module 1.1 to 4.2 and
particularly that which may be relevant to the case/scenario given. You may also choose to read a
copy of any relevant law report relating to the case/scenario for greater detail. Links to the law
reports are provided in the task.
Written report
The collective written report is to be handed in by each student in class with a clear indication of
the role that they have taken in the group task. The completed report will have the arguments
made from the plaintiff’s perspective, arguments made from the defendant’s perspective and the
ultimate findings of the court. All of the individual reports for a particular group are to be collated
into and handed in together as one group report, with a cover sheet reflecting the names of the
students in the group.
The written reports will be assessed as a group.
Law 301-Assessment 2-Group Case Study_Task
Your analysis should refer to appropriate cases and statutes, where applicable and be referenced
using the APA Referencing style. Please see more information on referencing here
https://library.torrens.edu.au/academicskills/apa/tool
Submission Instructions
Please submit this task via the Assessment 2 link in the main navigation menu in LAW300 – Business
and Corporations Law by 11.55 AEST Sunday of Week 9 of the relevant trimester. The Learning
Facilitator will provide feedback via the Grade Centre in the LMS portal. Feedback can be viewed in
My Grades.
Academic Integrity
All students are responsible for ensuring that all work submitted is their own and is appropriately
referenced and academically written according to the Academic Writing Guide. Students also need
to have read and be aware of Torrens University Australia Academic Integrity Policy and Procedure
and subsequent penalties for academic misconduct. These are viewable online.
Students also must keep a copy of all submitted material and any assessment drafts.
Law 301-Assessment 2-Group Case Study_Task
Assessment Task
Please select one of the following three cases for purposes of your group task. You will be required to select
only one of the three cases below and prepare a group written report instructed above. In the alternative,
each group may, in consultation and agreement with the Learning Facilitator, select a specific leading case
from a topical area in modules 1-4 for purposes of written analysis.
1) On 16 December 2016 the Australian Competition & Consumer Commission put out a media release in
respect of the decision of the Full Federal Court to uphold an appeal by the Australian Competition and
Consumer Commission against the penalty imposed on Reckitt Benckiser (Australia) Pty Ltd for
contravening the Australian Consumer Law (ACL). The relevant case is Australian Competition and
Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181. Read the relevant court
decision and prepare the written report as instructed above.
2) In the case of Gambotto v WCP (1995) 182 CLR 432 the High Court of Australia held that where the
change in the constitution of a company affected a minority, it would be valid if it is for a proper purpose,
and fair in all the circumstances. Read the relevant court decision and prepare the written report as
instructed above.
3) In the case of Andar Transport Pty Ltd v Brambles Limited [2004] HCA 28 the High Court of Australia
addressed the matter “was complicated by the fact that a director employee of the company who was
suing another company for damages as a result of an injury which he had suffered, was treated as quite
distinct from the company which he effectively ran, in evaluating a claim for contributory negligence by
the defendant.” (Australian Institute of Company Directors, 2004). Read the relevant court decision and
prepare the written report as instructed above and in relation to the complicating issue above.
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Assessment Rubric

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