Welcome to LAW 114 Residential School 27 & 28 August 2017

Programme Day 1 (27 August) Time Action Presenter Presentation 9.00am Welcome to Country, meet the team and administration Kim Bailey, Andrew Johnson and Kristi McCusker Administration 9.20am Session 1, legal problem solving, why , when and how Kim Bailey Short lecture and workshop task description 9.40am Allocation of legal problems and teams Kim Bailey, Kristi McCusker, Andrew Johnston Team problem solving 10.30 Morning Tea Pulse Cafe 11.00am Negligence: Duty, Breach and Causation Current judgments Kristi McCusker Lecture and poll 12.00pm Legal Problem Solving Kristi McCusker, Andrew Johnston and Kim Bailey Group work 1.00pm – 1.45pm Lunch break

Programme- Day 1 Time Action Presenter Presentation 1.45pm Assessment 2 – what you need to know. Introduction to the Stolen Generation. The liability of statutory authorities Kim Bailey, Annette Gainsford Short video, Lecture, reflection 3.00pm Legal problem group work Kim Bailey, Andrew Johnston and Kristi McCusker Group work 4.00pm Close day one 5.00pm Meet your colleagues Everyone- the George Hotel, George Street Bathurst

LAW 114 9.20-9.40am Legal Problem Solving

Why does it matter? Legal problems in the real world IRAC as one methodology Supporting resources: E reserve readings Online meeting recordings Res school problem solving

EXAM: Monday 16 October 9.20am Exam Format: Part A: 10 multiple choice questions (10 marks). Part B: 15 short answer. Mix of legal problems and straight answers (30 marks). Part C:3 legal problems. Choose from 5 (60 marks). __________________ Part B: Read the question. It asks for specific detail eg: the tort and an authority. Only give what the question asks of you. No need for IRAC in Part B. Questions will be like assessment 1.

Part C Exam Worth the most marks, so use your reading time to choose carefully. Highlight, note, circle etc on the paper. The question will ask you to “advise” a party in the problem on certain matters. This may be: Potential tortious actions Potential defences Potential remedies Heads of damage Contribution from other parties Make sure you identify the rules pertinent to the aspect you are requested to advise on. ANSWER THE QUESTION. The scenarios may combine a number of torts (e.g. negligence and nuisance) and require an assessment of each. You should come to a conclusion about the better cause of action. ALWAYS reference your answer with appropriate authority.

In Part C of the exam you should use the IRAC method in helping to identify the problems and response. I am happy for you to set out your answers in the exam using this format, or to just use it as a methodology. That is provided you come to a conclusion that answers the questions. Always reference your answer with relevant case law and legislative provisions (if applicable). The issues part will be where you identify the torts and potential defences for the question you are asked. The rules part will be where you identify the elements of the tort and elements of defences and the relevant law that affects this. The application part is where you apply the rules to the particular factual scenario before you. The conclusion is where you summarise your response to the question – is there a cause of action? Is there a defence? For examples of how to do this see the online meetings. Remember this is a tort law exam, I do not need answers that concern criminal law, contract law, tenancy law or industrial law etc. We will work through some example questions closer to exam time. In the meantime, study effectively. Make notes that isolate the rules and relevant authorities. Attend the online meetings.

Questions?

Legal Problem Challenge Kristi McCusker, Andrew Johnston and Kim Bailey 9.40-10.30am

Legal problem workshop Team Andrew A Nasty Pub Brawl Team Kristi Team Kim Prime Beef Well Done After brainstorming together, adopt IRAC and divide your task into the problem solving elements Consider your element and prepare some short slides on this (remember your authorities) Collate the group’s slides into a power point presentation & onto a USB. Get ready to present it to the class. Question time. A Shocking Accident

Kristi McCusker KMC LEGAL Negligence in the Central West 11.00am-12.00m

Assessment 2 Preparation 1.45pm-3.00pm Trevorrow v State of South Australia [No5] (2007) 98 SASR 136 Assessment 2 Preparation 1.45pm-3.00pm

This Session: 2.00pm-3.00pm We would like to advise that this presentation may contain images and names of deceased Aboriginal and Torres Strait Islander people. Course content contains sensitive material that some students may find distressing. You are very welcome to skip this session if you consider it may be distressing to you. You do not have to sit this session in order to successfully complete assessment 2. You may like to consider re-joining after the media presentation – which will take approximately 30 minutes. At that time we will be discussing the assessment. For further assistance contact Student Central if you require further assistance ask@csu.edu.au or call 1800 ASK CSU  (1800 275 278).

LAW114 Residential School Monday 28 August 2017 LAW114 Residential School

Programme Day 2 Time Action Presenter Presentation 9.00am Trevorrow v South Australia Claire O’Connor SC 1432-101 10.00am Morning tea- meet the profession B-1411-347 10.45am Public lecture – Strategic litigation. Class actions, discrimination and acting for the disadvantaged. 12.00pm Lunch 1.00pm Lecture: Defences to the tort of negligence Michael Schwab 2.00pm Legal Research Challenge-tort of negligent infliction of pure economic loss Annette Goodwin & Kim Bailey 3.30pm Present your case Kristi McCusker, Andrew Johnston and Kim Bailey Your power points 4.45pm Feedback and close Kim Bailey

Trevorrow v State of South Australia [No5] (2007) 98 SASR 136 Ms Claire O’Connor SC Trevorrow v State of South Australia [No5] (2007) 98 SASR 136

“Top SA lawyer Claire O’Connor SC accuses judge of sexual harassment or bullying, blasts inequality of profession in Facebook post” – the Age.

Claire O’Connor SC Strategic Litigation – Class actions, discrimination and acting for the disadvantaged. BUILDING 1411-347

Mr Michael Schwab McIntosh McPhillamy and Co Lawyers 1.00pm- 2.00pm Defences to the Tort of Negligence Mr Michael Schwab McIntosh McPhillamy and Co Lawyers 1.00pm- 2.00pm

Legal Research Challenge Annette Goodwin and Kim Bailey Legal Research Challenge

PRESENT YOUR CASE

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