1. Welcome to LAW 114 Residential School
27 & 28 August 2017

2. 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

3. 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

4. LAW am
Legal Problem Solving

5. 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

6. 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.

7. 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.

8. 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.

9. Questions?

10. Legal Problem Challenge
Kristi McCusker, Andrew Johnston and Kim Bailey am

11. 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

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

13. 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

14. 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 or call 1800 ASK CSU  ( ).

15. LAW114 Residential School
Monday 28 August 2017
LAW114 Residential School

16. Programme Day 2 Time Action Presenter Presentation 9.00am
Trevorrow v South Australia
Claire O’Connor SC
10.00am
Morning tea- meet the profession B
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

17. 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

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

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

20. 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

21. Legal Research Challenge
Annette Goodwin and Kim Bailey
Legal Research Challenge

22. PRESENT YOUR CASE

23. Feedback on Residential School
Please complete your feedback form. This is anonymous, but is helpful to us. Any questions? Please ask. Have a safe journey home and thank you for joining us.