Research Memo Assessment Item

A ‘7’ response to a part would cite all relevant rules and case law and show demonstrated knowledge of the rules and case law through provision of detailed and highly persuasive advice.
A ‘6’ response to a part would cite relevant rules and case law and show demonstrated knowledge of the rules and case law through provision of persuasive advice.
A ‘5’ response to a part would cite relevant rules and case law and show demonstrated knowledge of the rules and case law through provision of competent advice.
A ‘4’ response to a part would cite the primary rules and case law and show knowledge of the rules and case law through provision of advice.
A ‘3’ response to a part would cite some of the relevant rules and case law and show poor knowledge of the rules and case law through provision of inadequate advise.
A ‘2’ response to a part would not cite relevant rules or case law and show poor knowledge of rules and case law through provision of incorrect advise.
A ‘1’ response to a part would not cite relevant rules or case law and show no knowledge of rules and case law not providing advice.
• Length: 1,500 words. The following penalties apply regarding over word length submissions. Word count will be determined by automatic word count feature in relevant software. Word count does not include references IF references are ONLY CITATIONS TO PRIMARY LAW (legislation, rules, cases). Any discussion (ie sentences) in references will be counted towards word length.
o 1,500-1,600 words – 20% mark penalty
o 1,600-1,700 words – 40% mark penalty
o 1,700+ words – 100% mark penalty (ie 0/30)
•
Your Tasks
1. Identify on the material in this file the causes of action Rita appears to have against the following parties:
a. CF
b. BF
c. Flatfoot Investments Pty Ltd
d. Maureen Flatfoot
e. John Stobb
15 Marks
2. Advise which causes of action against which parties Rita should pursue in court proceedings and explain the reasons.
5 Marks
3. Provide an argument based on the UCPR on whether it would be permissible for the parties and causes of action identified in question 2 to be joined in a single proceeding
10 Marks
4. Advise which jurisdiction and which court the proceedings should be commenced in.
5 Marks
5. Advise how to serve the following potential defendants:
a. CF
b. Flatfoot Investments Pty Ltd
10 Marks
6. Can John Stobb be served by leaving originating process with someone who looks like they are in charge at his place of business?
5 Marks
50 Marks in Total