SCHOOL OF LAW
LAWS2321
Litigation 2
Undergraduate Core
Units of Credit: 6
Contact hours per week: 4
COURSE OUTLINE
SESSION 2, 2011
Convenor:
Dr Annie Cossins
Room 333, Faculty of Law Building, Lower Campus
Ph: 9385 2246
a.cossins@unsw.edu.au
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CONTENTS
1
Course Information
1.1 Teaching staff and classes
3
1.2 The Relationship between Research and Teaching
4
1.3 Course Description
4
1.4 Aims, Learning Outcomes and Graduate Attributes
4
1.5 Course Texts and Materials
5
1.6 Class Schedule and Reading Guide
1.7 Teaching Rationale
2
3
Assessment
Appendix
1
6
6
2.1 Teaching Philosophy and Expectations on Students
6
2.2 Assessment Requirements
6
2.3 Assessment Criteria
7
2.4 Assessment Timetable: Links to Learning Outcomes & GAs
8
2.5 Formal Matters
8
3
Additional Resources for Students
8
4
Continual Course Improvement
9
4.1 CATEI Evaluation Policy
9
4.2 Course Evaluation and Quality Enhancement for this Course
9
Appendix 1: Class Schedule and Reading Guide
10
Appendix 2: Advanced Court Observation and Report Assignment
13
Appendix 3: UNSW Law School Graduate Attributes
18
Appendix 4: Formal Matters Relating to Assessment
20
Appendix 5: Academic Misconduct and Plagiarism
23
Appendix 6: Administrative Matters and Student Support Services
26
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1. COURSE INFORMATION
1.1 Teaching staff and classes
The Convenor of Litigation 2 is Associate Professor Annie Cossins. Whilst the Convenor is available to answer
questions from any student about the course it is important for students to discuss course-related issues with their own
lecturer before contacting the Convenor. Lecturers are available for student consultation by appointment and students
should make initial contact in class, or by email to make an appointment.
The Litigation 2 lecturers in 2011 are:
Annie Cossins
a.cossins@unsw.edu.au; 9385 2246; Rm 333, Law Building
James Metzger
jdmetzger@gmail.com
Richard Weinstein
dickbar@selbornechambers.com.au
Brenda Tronson
brenda.tronson@unsw.edu.au
Verity McWilliam
mcwilliam@mpchambers.net.au
Class Times
Details about your classes – times, venues & dates are available from the Law School website at:
http://www.law.unsw.edu.au/current_students/timetable/index.asp
Please note that you should double check that the timetable and the dates you have nominated for teaching agree.
Time
Monday/Thursday
9 – 11
3547 Law G23
James Metzger
Monday/Wednesday
11-1
Tuesday/Friday
8185 Law G02
Annie Cossins
2–4
3545 Law 303/Quad G032
James Metzger
6–8
8184 Law 303
Verity McWilliam & Brenda
Tronson
3548 Law G23
Annie Cossins
3546 Law G02
Richard Weinstein
Each class group will cover the same topics, although there may be some differences in the order, readings and
emphasis. The written assessment for all groups is the same and each class group is assessed by its own lecturer.
Students are assessed by the same standards no matter which class they are enrolled in. Lecturers consult regularly on
a large range of issues associated with teaching and assessment and cross mark assessment.
Blackboard
As a student in this program you will also have access to the Blackboard course page. Blackboard is an online
materials and support site designed to complement your learning. Students are provided with personalised usernames
(z plus your Student ID number) and passwords (zPass) to log onto the site to access information and resources
specifically related to the courses in which they are enrolled. Typically, a Blackboard site includes course outlines,
course handouts, links to law libraries, feedback from lecturers, discussion areas, and email facilities. Students should
ensure that they log into their Blackboard courses at least once a week as it is where lecturers will provide information
and materials to supplement your studies.
UNSW Blackboard supports the following web browsers for Windows XP or VISTA:
· Internet Explorer (IE) version 7 or 8
· Firefox 3.0.x (must run version 3.0.3 and above)
UNSW Blackboard supports the following web browsers for Mac 10.4 or 10.5,
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· Firefox 3.0.x (must run version 3.0.3 and above)
· Safari 2 or 3
Note: Mac OS 10.3 is not supported.
To log on to your Blackboard site, you will need to follow these steps:
1. Go to the TELT gateway (http://telt.unsw.edu.au/) and click the link to log into Blackboard.
2. Enter your Student ID and your zPass to login.
3. Choose from the courses that you are enrolled in.
Information and Blackboard support can also be found on the TELT gateway. For information on the zPass or
how to create your zPass, visit Zpass information
1.2 The Relationship between Teaching and Research
It is the policy of the Law School as far as possible to allow teachers to teach in their area of research and expertise.
This means that students are exposed to academics and researchers who are experts in their fields. The areas of
expertise of this course vary.
The teachers in this course either publish or practice in the field of evidence law.
Annie Cossins researches and publishes in the area sexual assault law reform. Her publications and work with
government over many years have resulted in changes to the law of hearsay, judicial warnings, privileges and the law
of consent. Her present research involves mock jury studies to test the effect of expert opinion evidence and judicial
directions on jurors’ misconceptions in child sexual assault trials.
Verity McWilliam is at the NSW Bar, having previously worked for the Crown Solicitor’s Office and for several
judges in the Federal jurisdiction. Her areas of practice include public law, human rights/discrimination, commercial
equity, employment and land and environment law.
James Metzger has researched and practiced in the areas of criminal and civil litigation in the United States and
Australia.
Brenda Tronson is a barrister practising in public law and commercial law. She has a BCL and MPhil from Oxford
and worked as associate to Justice Crennan.
Richard Weinstein is in his 19th year of practice at the New South Wales bar. He specialises in medical negligence but
conducts a varied general civil practice.
The wealth of research and experience of all of theses teachers ensures that this course is both current and relevant, as
the course description below indicates.
1.3 Course Description
This course is one of the core subjects for law and will normally be taken after completion of Litigation 1. It
introduces students to the rules of evidence under the Evidence Act 1995 (NSW) as well as issues relating to trial
procedure. Litigation 2 is not an advocacy skills course but a good grasp of the rules of evidence and procedure is a
pre-requisite to becoming an accomplished advocate.
The topics dealt with generally follow those in the Litigation 2 text: Hunter J, Cameron C & Henning T, Litigation II:
Evidence and Criminal Process (7th ed) LexisNexis B’worths (2005), Chapters 14-27.
The material in the course incorporates the changes to the Evidence Act 1995 (NSW) contained in the Evidence
Amendment Act 2007 (NSW) which came into force in January 2009.
1.4 Aims, Expected Learning Outcomes and Graduate Attributes
The course aims to introduce students to the evidence law and policy framework relating to the following topics:
 Adversarialism, the accused and the criminal trial;
 Relevance and discretionary and mandatory exclusions;
 Proof and judicial knowledge;
 Obtaining testimony (prosecutorial fairness, unrepresented accused, testimonial competence and
compellability);
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




Questioning witnesses in court (examination in chief, cross-examination, re-examination, unfavourable
witnesses, credibility attacks on witnesses, special rules regarding sexual offences);
The hearsay rule and its exceptions;
Evidence of opinion and expert testimony;
The accused and limitations on evidence (the accused as a witness, his/her right to silence, character, tendency
and coincidence evidence);
Unreliable evidence, judicial directions and warnings.
The UNSW Law School also aims to develop specific attributes (or capacities) in all of its law graduates. These
attributes are:
1. Core disciplinary knowledge—you will have a functioning and contextual knowledge of evidence law;
2. Transferable intellectual skills—you will gain intellectual skills in problem solving and critical reflection
about the law of evidence;
3. Research skills—you will have the opportunity to develop your research skills during completion of the
mid-semester assessment;
4. Communication skills—you will develop written and oral skills through the oral and written assessment
tasks in this course (see ‘assessment’, below);
5. Personal and professional skills—you will develop a heightened understanding of the role of evidence law
in the criminal justice system and be able to reflect on the effectiveness of evidence law.
Accordingly each assessment item relates to one or more of the Law School GAs. These attributes are described more
fully in Appendix 3.
The overall course aims and related assessment goals are:
 to establish a basic knowledge of the doctrine, principles and rules relating to procedure and evidence law in
both civil and criminal litigation in the trial stage. The final exam and the court observation report provide
students with structured opportunities to acquire and demonstrate a functioning and contextual knowledge of
law and legal institutions and the intellectual skills of analysis, synthesis, critical judgment, reflection and
evaluation in the application of the law to new problems [see UNSW Law School Graduate Attributes 1 & 2];
 to foster personal and professional values gained from an understanding and sensitivity to a variety of related
ethical, social, economic, political and justice issues affecting the formal resolution of criminal and civil
matters: eg defence and prosecutorial practices; the use of judicial resources; the role of juries; the accused’s
position in court: [see LS GA 2, 5]. The structured court observation and class discussion more broadly,
develop student’s understanding of the functioning of the rules of evidence in their social and professional
context.
 to foster students’ critical analytical skills and enhance their understanding from a social justice orientation of
trial-related practice issues via structured observation and discussion: LS GA 1, 2, 4 & 5].
 to provide students with the opportunity to actively engage in the learning experience through classroom
discussions and court observations. This enhances their ability to critically evaluate trial processes from legal
and social justice perspectives. It also enhances challenging their assumptions and beliefs: LS GA 1, 2, 4 & 5].
1.5 Course Texts and Materials
Required texts:
 Hunter J, Cameron C & Henning T, Litigation II: Evidence and Criminal Process (7th ed) LexisNexis
Butterworths (2005)

Litigation 2, 2011 Supplementary Materials (available from Week 2 at the UNSW Bookshop). The amended
sections of the consolidated Evidence Act 1995 (NSW) that are directly relevant to the topics covered in
Litigation 2 have been extracted in the Supplementary Materials.
Strongly Recommended
One of:
 Evidence Act 1995 (NSW), as amended to January 2009 or
 Odgers S, Uniform Evidence Law (9th Ed) Law Book Co 2010 or
 Anderson J, Clegg, L & Williams N, The New Law of Evidence: Annotation and Commentary on the Uniform
Evidence Acts, 2nd edition, LexisNexis Butterworths EPD, Sept, 2009.
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Other Recommended Texts and Materials
ALRC Report 102, Review of the Uniform Evidence Act, Dec, 2008
Byrne P & Heydon JD, Cross on Evidence: Sixth Australian Edition Looseleaf, LexisNexis Butterworths
(available Butterworths Online)
Gans J & Palmer A, Uniform Evidence Oxford University Press, 2010
Ligertwood, A & Edmond, G, Australian Evidence: A Principled Approach to the Common Law and the
Uniform Acts, LexisNexis Butterworths, 2010
1.6 Class Schedule and Reading Guide
See Appendix 1.
1.7 Teaching Rationale
In Litigation 2, teachers aim to give students the opportunity to learn independently, yet within a supportive
environment. Being familiar with teaching and learning from both a practical and scholarly perspective, Litigation 2
teachers recognise that there are many different learning styles, and many different personalities interacting within a
classroom, and beyond. Litigation 2 teachers thus try to offer a variety of learning experiences to allow the many
different students to engage comfortably with the course.
Since a number of teachers will be involved in this subject teaching methods may vary somewhat from group to
group, depending on the preference of the individual teacher and the composition of the class. The basic approach
taken in the subject is that the teacher leads class discussion of assigned materials which have been read beforehand by
students. Students will also have opportunities for applying what they are learning, and developing co-operative skills
through problem solving of hypothetical questions. This approach is designed both to foster skills referred to earlier
and to encourage a thorough understanding of material which, initially at least, may present conceptual difficulties. In
some classes students may be asked to present material.
Thorough preparation for class in this subject is required. It is essential to promote a high level of discussion and
analysis. It is also necessary to enable students to understand the principles and concepts under consideration. The
materials for the course attempt to present new concepts in a manner that aids understanding, but a failure to grasp
material presented earlier in the course may lead to serious difficulties later. It is essential, therefore, that students
keep up to date during the course, and ensure that they understand each area of as it is covered in class.
2. ASSESSMENT
2.1 Expectations on students: attendance & participation – the 80% attendance rule
Our philosophy of teaching is based on the knowledge that students learn most effectively when they are actively
engaged in the learning process. Students are expected to attend class and to prepare for, and participate in discussion,
and to complete satisfactorily all components of assessment. A student who does not attend 80% of classes may be
refused the right to submit their assessment unless they can provide adequate reasons to vouch for absences. In order
to develop critical thinking in relation to the course objectives, students are expected to read course materials and
other resources closely, and are encouraged to look at a range of other material recommended from time to time in
class or (when available) on your lecturer’s blackboard site.
2.2 Assessment Scheme
Compulsory Assessment
1. Advanced Court Observation Assignment (30%) (Due 4pm, Friday 2 September 2011)
This assignment requires you to observe a criminal trial and present your observations in the form of a poster,
short film or audio recording. Students can choose to complete this assignment individually, in pairs for the
poster format, or in small groups for the audio visual format. A detailed description of this assignment is
contained in Appendix 2.
2. Final Exam (70%)
An open book examination scheduled during the formal end-of-year examination period. In order to pass
Litigation 2 a student must obtain at least 40% in the final exam. This exam will be based on the Evidence
Act 1995 (NSW) as amended to January 2009. Extracts from the NSW Evidence Act, showing recent
amendments, are reproduced in the Supplementary Materials. These extracts do not replace students’ need to
have their own copy of the legislation (or an Annotation that incorporates the recent amendments).
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Optional Assessment
1. Class Participation (10% maximisable).
All students are expected to participate in class discussion but class participation assessment, worth 10% of
the total course assessment, may be offered in some classes and is optional. If class participation is offered as
an optional form of assessment it is maximizable against the final exam mark. This means that your class
participation mark will count towards your mark only where it will increase your final mark. In large classes,
class participation may not be practical or students may be asked to opt-in for class participation.
Request for special consideration:
If you are asking for Special Consideration (eg. an extension to the due date for an assignment), please follow
the procedure as outlined on the UNSW website.
2.3 Assessment Criteria
Criteria
The main criterion upon which you will be examined in all of your assessment tasks is evidence of depth of
thinking. Depth of thinking is the extent to which you are able to proceed past the descriptive and into critical
ways of thinking. This involves your ability to analyse, synthesise, abstract and generalize the central
principles and themes of evidence law. The basic levels of thinking (from shallow to deep) may be
summarised as: knowledge, comprehension, application, analysis, synthesis and evaluation.
More specifically, you can think about the different levels of thinking in these terms:

knowledge (recall or recognition): At this level, you are recalling or describing specific facts or general
concepts. For instance, you may state the law relating to limiting cross-examination relevant solely to a
witness’s credibility.

comprehension (organisation and selection of facts and ideas): At this level, you are making use of what
is being communicated without necessarily relating it to other material or seeing its fullest implications.
This is like re-telling what you have learnt but in your own words. For instance, you may state in your
own terms the law relating to limiting cross-examination relevant solely to a witness’s credibility.

application (use of facts, rules, principles and theories): At this level, you are using information — facts,
principles, rules, ideas, theories — in concrete situations. Applying the above example, you may relate it
to a particular witness questioning situation.

analysis (breaking down information into its constituent elements): At this level, you are making explicit
the relationship between ideas and demonstrating that you understand the organisation of the information.
For instance, you may explain the relationship between law, policy and practice with respect to the
defendant’s testing of certain prosecution witnesses.

synthesis (putting together elements to form a whole): At this level, you are arranging elements to
constitute a structure not clearly there before. For example, you may compare the historical origins of
procedures, the psychological impact on participants and appellate approaches to related legal doctrine.

evaluation (making judgements about the value of the information): At this level, you are appraising
information, methods, theories or arguments based on set criteria. For instance, you may critique the
adequacy of laws protecting vulnerable witnesses in light of the accused’s right to challenge the state’s
presentation of its case and the punitive sentencing regime that exists for those found guilty of serious
crime. Evaluation is more important in reflective writing than problem-solving, although you may need
to evaluate what principles of law should prevail where an apparent conflict exists.
Taking into account theses different levels of thinking, your Advanced Court Observation Assignment Report
will be judged according to:



the amount of effort you have applied, how seriously you have taken the task and the extent to which you
have been prepared to explore issues;
writing quality, this includes clarity of expression, appropriate structure, your originality or creativity
and the diversity of concepts included in your work; and
depth and breadth of independent research and the sophistication with which you utilize your research
in your essay, including the development of your own perspective on your chosen topic.
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
insight and understanding the extent to which you demonstrate an understanding of content, including
accuracy of knowledge, quality of insight, conceptual depth and where relevant, ability to analyse in a
theoretical framework.
Grading
All graded items of assessment will be marked according to the following criteria:
High Distinction [85% and over]: demonstrates an extensive understanding of the concepts of the
course content and the commensurate high order ability to analyse and evaluate the law, policy goals
and the broader legal, economic and social context in which law and operates.
Distinction [75% to 84%]: demonstrates a thorough understanding of the concepts of the course
content and an unambiguous ability to analyse and evaluate law and policy goals.
Credit [65% to 74%]: demonstrates a sound understanding of the concepts of the course content and
an unambiguous ability to analyse and evaluate law and policy goals.
Pass [50% to 64%]: demonstrates a basic understanding of the concepts of the unit of study content
and has some demonstrated ability to analyse and evaluate the law and policy goals.
Fail [less than 50%]: demonstrates insufficient understanding of the concepts of the course content
AND/OR fails adequately to demonstrate ability to analyse and evaluate the law and policy goals.
2.4 Assessment Timetable: Links to Learning Outcomes & GAs
Assessment Type
Date Due
Marks
Class
Participation
(maximisable)
Each class
Advanced
Court 2 September, 4pm
Observation Assignmt
10
30
Examination of 3 Date to be set by 70
hours (plus 10 minutes examination centre
reading time)
2.5
Link to Learning
Outcomes
and
GAs.
Analytical and oral
skills,
GAs 1,2,4,5
Analytical,
reflective & writing
skills and research
skills
GAs 1,2,4,5 for
assignment
Analytical,
problem-solving
and writing skills
GAs 1,2,4,5
Formal Matters
UNIVERSITY POLICIES ON ASSESSMENTS
Information produced by the UNSW Law School regarding assessments can be found through the Law School
website.
Further information about Formal Matters relating to Assessment can be found in the Course Outline
Appendix 2 at Course Outline Appendices (PDF) or Course Outline Appendices (WORD)
ACADEMIC MISCONDUCT AND PLAGIARISM
No essays or assignments can be accepted unless you sign the academic misconduct declaration that is included on the
Law School assignment cover sheet.
It will be assumed that you are thoroughly familiar with the policies re academic misconduct and plagiarism of
the Law School and UNSW.
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See the Course Outline Appendix 3 at Course Outline Appendices (PDF) or Course Outline Appendices
(WORD)
3. Additional Resources for Students
If you are finding difficulty with any part of the course or would like to read further, you will find the recommended
texts listed under Course Texts and Materials useful.
Please note: course materials for postgraduate students are no longer posted by Student Administration. All course
materials and textbooks can be purchased from the UNSW Bookshop.
4.
CONTINUAL COURSE IMPROVEMENT
4.1 CATEI Evaluation Policy
In order to develop critical thinking in relation to the course objectives, students are expected to read the texts and
other resources closely, and are encouraged to look at a range of other material recommended by lecturers. Students
are expected to attend lectures and prepare for, and participate in discussion, and to complete satisfactorily all
components of assessment. Student feedback is very important to continual course improvement. This is demonstrated
within the School of Law by the implementation of the UNSW Course and Teaching Evaluation and Improvement
(CATEI) process which allows students to evaluate their learning experiences in an anonymous way. The resulting
evaluations are ultimately returned to the course Convenor who will use the feedback to make ongoing improvements
to the course.
4.2 Course Evaluation and Quality Enhancement for this Course
The Litigation 2 teachers welcome student feedback on how this course may be improved. Student feedback is very
important to continual course improvement. This is demonstrated within the School of Law by the implementation of
the UNSW Course and Teaching Evaluation and Improvement (CATEI) Process, which allows students to evaluate
their learning experiences in an anonymous way. The resulting evaluations are ultimately returned to the course
convenors who will use the feedback to make ongoing improvements to the course.
The Litigation 2 course and assessment regime has been substantially revised to take into account both the transition
to the 12 week semester and feedback received through the CATEI process. Changes that have been made in response
to student feedback include:
 revising the assessment regime so as to offer more varied forms of assessment. Instead of two exams, the
assessment regime now includes an advanced court observation assignment which offers students the
opportunity to observe and reflect on the operation of evidentiary and procedural rules in practice;
 facilitating student co-operation and group learning by offering students the opportunity to complete the court
observation assignment individually or in groups;
 giving students the opportunity to use creative ways of completing the court observation assignment by
allowing audio and visual assignments to be submitted instead of a written assignment;
 giving students the option of using creative ways to submit written assignments, such as in the form of a
poster, a newspaper, a diary etc;
 offering non-assessable review exercises to enable students to review their progress and understanding of
course content at an early stage in the semester.
CATEI feedback has indicated that more varied assessment regime, including the court observation assessment, had
been a successful exercise and so has been maintained for 2011.
ADMINISTRATIVE MATTERS AND STUDENT SUPPORT SERVICES
Notice on Distressing Course Material
Occupation Health and Safety
School of Law Office
See Course Outline Appendix 4 at Course Outline Appendices (PDF) or Course Outline Appendices (WORD)
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Appendix 1
Class Schedule and Reading Guide
 Numerical references in this reading guide (eg 19.1) are to chapters and paragraphs in the text book Hunter J,
Cameron C & Henning T, Litigation II: Evidence and Criminal Process (7th ed) LexisNexis Butterworths (2005).
 All section numbers referred to in this guide (eg ss 17, 20) are to the Evidence Act 1995 (NSW). Where indicated
by SM or by para numberA [eg 15.27A], see the Supplementary Materials.
Recommended Background Reading
Hunter J, Cameron C & Henning T, Litigation II: Evidence and Criminal Process (7th ed) LexisNexis Butterworths (2005):
Chapter 19.1-19.9, 19.12-19.18, 19.21-19.29, 19.35-19.36, 14.60-14.75, 14.79 (glossary)
Week
1
18 July
Class 1
INTRODUCTION TO LITIGATION 2
Audio Visual: The Accused
Note, for future reference the glossary of terms at
14.79
2
25 July
THE BASIC FRAMEWORK OF AUSTRALIAN EVIDENCE
LAW: RELEVANCE
 Introduction + ss 55-56:
 15.5-15.6; 15.9 [dot points pp784-85 only]
 15.10-15.19; SM 15.19A; 15.19B
 15.22-15.27
 Collateral issues: 15.34
 Circumstantial evidence & provisional
relevance: 15.35; 15.38-15.40; 20.31-20.35;
20.37-20.41; 20.48-20.49
 Relationship & background evidence: 15.4115.46.
3
1 Aug
ANATOMY OF A CRIMINAL TRIAL
 R v Clearihan 14.77-14.78
THE WITNESS IN COURT
 Competence & compellability: 23.1-23.5, SM
ss12, 13, 14, s18 (apply facts from Khan at
23.21)
 Questioning own witness: ss 32, 37, 21.121.17,; SM 21.17A; 21.26; 21.29-21.30); SM
21.2A, 21.9A
 SM ss102, 103
RELEVANCE AND CREDIBILITY
 15.50-15.59;
 SM 15.27A; 15.53A; 15.58A, 15.59A
Class 2
THE ACCUSED IN COURT
 Introduction: 24.1-24.7
 The accused’s right to silence: s 17, 24.71 [page
1282-1283 only]; 24.72-24.73; 24.75
 The sometime obligation to explain: 24.7624.77
 S 20: 24.78-.80 + SM 24.80A
 The rule in Jones v Dunkel: 24.83.
 The accused’s right not to call evidence: 24.8424.85
DISCRETIONARY AND MANDATORY EXCLUSIONS
 Introduction + ss135-137:
16.1-16.5; SM Ch 16 Evans v R; 16.6-16.8; 16.14;
16.16 [paras 120-130]
 Recent cases: SM 16.5A, 16.5B, 16.14A
 Timing of discretionary rulings: 16.25; 16.2816.30
GRANTING LEAVE AND THE VOIR DIRE
 16.33-16.36, ss 189, 192, SM 192A
PROOF
 Ss 140-142, 20.1 -20.5, 20.31-20.34
 Recent case: SM 20.35A
JUDICIAL NOTICE
 S 144, 20.72-20.76
DISCREDITING YOUR OWN WITNESS
 s 38, 21.44-21.52; 21.54-21.56;
 Recent Cases: SM 22.43A; 21.56A
 21.59-21.60; 21.63-21.64; 21.67
CROSS-EXAMINATION
 Leading questions: s 42, 22.1-22.5
 Improper questions: SM s 41; SM 22.9A; 22.10A
 The ambit of questioning: 22.15-22.16
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4
8 Aug
5
15 Aug
CREDIBILITY & CROSS-EXAMINATION
 Introduction: 22.25-22.27; 22.32
 SM ss101A, 102, 103, 106; 22.43-22.47
 Fact situations: consider facts in 22.40 and how
UEA would apply
 Recent Cases: SM 22.46A
THE FINALITY PRINCIPLE
 SM ss 101A,102, 22.48-22.50; 22.54
 Recent case: SM 22.56A
EXCEPTIONS TO THE FINALITY PRINCIPLE: 22.57,
22.59-22.60, SM s106
 Bias: 22.61-22.62; 22.64
 Prior convictions: 22.66
 ‘Unable to be aware’ etc: 22.79
 Perjury: 22.81-22.82
INTRODUCTION TO HEARSAY
 SM s59 + related definitions; 27.1A
 27.1-27.2, 27.6-27.17
 apply new s59 to facts in 27.19 (Walton)
 27.20-27.21; review 15.27
THE PURPOSE TEST
 27.22-27.28
 Recent case: SM 27.22A
 Apply s59 to facts in 27.33
LIMITING USE
 27.37; s136
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FIRST HAND HEARSAY EXCEPTIONS cont’d
22
 Exceptions in criminal cases: SM ss 65, 66;
August
27.55A
 27.55-27.67, 27.73
 Notice provisions: ss 67, 68
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READING WEEK (29 August to 2 September 2010)
MID SEMESTER ASSESSMENT DUE Friday 2 Sept
MID-SESSION BREAK (5 September to 9 September)
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REMOTE HEARSAY EXCEPTIONS
12 Sept
 Business Records: s 69; 27.69-27.72
 ATSI traditional laws and customs: SM s72
 Tags, label and other miscellaneous exceptions:
ss 70, 71, 73, 74
JUDICIAL INSTRUCTION: 27.37
HEARSAY AND DOCUMENTS
 ss 57, 58, 48, 50 29(4), 66, 189: 15.33, 19.5019.54
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CHARACTER EVIDENCE & JOINT TRIALS
19 Sept
 25.124-25.126, 25.129-25.133, ss 104(6), SM
s112
EXCEPTIONS TO THE FINALITY PRINCIPLE (contd)
 Prior inconsistent statements: ss 43-45; 22.6822.72
 Recent Case: SM 22.71A
 Other inconsistent statements: 22.76
THE RULE IN BROWNE V DUNN
 22.18-22.24
 Recent case: 22.24A
PROHIBITION ON ACCREDITING YOUR OWN WITNESS
 s 108 21.83-21.87
 Recent Case: SM 21.87A (end of CH 21 SM)
RE-EXAMINATION OF PARTY’S OWN WITNESS
 s 39, 21.98-21.102
REOPENING THE PROSECUTION CASE
 22.88-22.90
CREDIBILITY OF NON-WITNESSES AND EXPERTS
 SM ss108A, 108B, 108C
REPRESENTATIONS WITH A HEARSAY & NONHEARSAY PURPOSE
 SM s60; 27.39A
 27.39, read only facts in 27.41 (pp 1504-1505)
 27.41A
FIRST HAND HEARSAY EXCEPTIONS
 First hand Hearsay: SM ss 61 & 62; 27.48-27.50
 Exceptions in civil cases: SM ss 63 & 64
 Procedural disadvantage: ss 135, 137; 16.1016.11
 Recent case: SM 16.14B.
FIRST HAND HEARSAY EXCEPTIONS cont’d
 Contemporaneous statements about a
person’ s health etc: SM s66A; 27.36A
 27.36
 Recent Case: 27.36B
THE ACCUSED’S CHARACTER
 25.1-25.4; 25.8-25.19; ss 110-111, 192
 25.98-25.99 [ignore 3rd dot point in 25.99],
25.101, 25.103-25.106
 SM s104, s112; 25.19A
 Recent case: SM 25.105A
TENDENCY & COINCIDENCE EVIDENCE
 Introduction: 25.20-25.22
 ss94, 96-101, SM ss97, 98; 25.45A
 25.45-25.59
 Relationship evidence: 15.41-15.46; 25.6025.61
 SM 25.68A
11
10
TENDENCY & COINCIDENCE EVIDENCE cont’d
26 Sept
 Coincidence: ss 98 & 101
 25.63-25.64; 25.66-25.68; 25.71-25.77
 Recent Cases: SM 25.68A (again); 25.75A
s 95; 25.78-25.80
11
3 Oct
Public holiday: no classes on Monday or Tuesday
12
10 Oct
IDENTIFICATION EVIDENCE contd
 17.39-17.48; 17.50-17.61
 Recent cases: SM 17.29A, 17.60A, 17.61B
13
17 Oct
CATCH UP CLASS
OPINION EVIDENCE
 Fact and opinion evidence: 26.1-26.3; ss 76,
77
 Lay opinion evidence: 26.12-26.17; s78
 Recent case: SM 26.16A
 Expert opinion evidence: SM ss79, 80; 26.1826.24, 26.40-26.41
IDENTIFICATION EVIDENCE
Ss 113-116, 17.1-17.2, 17.15-17.19; 17.22-17.35
JUDICIAL DIRECTIONS, WARNINGS AND
INFORMATION
 The role of judicial warnings: 18.1; 18.5; 18.918.35; s165
 Recent Case: SM 18.21A
 Corroboration warnings & accomplice
evidence: 18.42-18.43, 18.45; 18.47-18.51,
18.58; s164
Delay in Prosecution: SM 165B
REVIEW AND REVISION
12
APPENDIX 2
Litigation 2
ADVANCED COURT OBSERVATION AND REPORT ASSIGNMENT
Due:
Worth:
Word Limit:
4pm, Friday 2 September, 2011
30% of your final mark for Litigation 2
2000 words
Outline
This assignment requires you to observe a criminal trial, relate these observations to the topics
listed below, and report your observations in the form of a poster, short film or audio
recording.
Students can choose to complete this assignment individually, in pairs for the poster format,
or in small groups for the audio visual format (see details below).
Assessment Task
1.
Court Attendance Requirements
Students are expected to attend a minimum of 2 sitting days to enable them to respond to the
topics below. Information about the different courts in Sydney, as well as court listings can be
found at http://www.lawlink.nsw.gov.au. You should plan to attend court as soon as possible.
Remember, litigation can be slow and unpredictable.
Details of your court attendance should be recorded in an appendix to your assignment.
These details should include:
(i)
the court(s) attended
(ii)
the dates you attended
(iii)
the name of the trial judge
(iv)
name of the case
(v)
the main charge or charges
(vi)
name of defendant (as initials, if there is a ‘No Publication Order’) and/or similar
identifying details.
This assignment must be based on observations undertaken between July – September 2011.
2.
Topics for the Report
Your report should analyse one, two or three episodes of witness questioning that you have
observed in light of the topics listed below. This could include a discussion of matters
relevant to the witness’s evidence that were raised on the voir dire and/or judicial directions
given in relation to the episode of questioning you observed. Witness questioning includes
examination-in-chief, cross-examination and re-examination.
In your court observation assignment, you must consider at least one of the following issues:
(i)
the role of the trial judge in directing proceedings during witness questioning;
(ii)
the role of the rules of evidence in restricting the evidence that a witness can give;
(iii)
the role of the parties in controlling witness questioning.
13
You must link your courtroom observations and analysis to provisions of the UEA, relevant
cases and policy considerations. You should consider the procedural requirements (including
such issues as whether the case was presented before a jury or was a summary matter, the
stage of proceedings, and so on), the principles of accusatorial justice and the nature of the
particular case(s) as well as particular characteristics of the witness (for example, were they a
vulnerable witness, or an expert witness?) and the role of witnesses in a criminal trial. You
may also consider the admissibility rules that applied to the particular witness’s evidence
(such as relevance, tendency/coincidence rules, opinion rule, hearsay rule etc).
An example of witness questioning is given below (extract from Cvetkovic v R [2010] 329,
per Campbell JA). The defendant was unrepresented. As you will see, this extract raises
a number of issues.
DO NOT USE THIS EXAMPLE FOR YOUR COURT OBSERVATION
ASSIGNMENT.
370 The Crown closed its case on 1 July 2009, the twenty-fourth day of the trial. After the
[defendant] had indicated he wished to give evidence, the judge, pursuant to section 29(2)
gave a direction that included:
“HER HONOUR: ... You will give your evidence by narrative because there is no-one here to
ask you questions but that doesn’t mean that you can give evidence about inadmissible
subjects. The same rules apply, you are not to address inadmissible subjects. So if you stray
into those areas I will cut you off.”
371 The [defendant] told the judge soon after that he could not give his evidence without
documents, and he had “two bags full with the documents”. The following exchange then
ensued: …
“HER HONOUR: No, no, no, you’ve got to give evidence from your memory. If you want to
tender documents you can but you don’t read from documents … .
ACCUSED: So would I be able to tender documents from Royal North Shore Hospital?
HER HONOUR: It depends on what they are. Until you tender them and I know what they
are, I don’t know.
ACCUSED: First thing-HER HONOUR: No, no, no, I’m not going to make rulings in advance on the run.
ACCUSED: I wouldn’t be able to from my memory because-HER HONOUR: You have to give evidence from your memory. You don’t read from
documents. I’m not talking about documents from other people, if you want to tender a
document from the hospital you tender it. If the Crown doesn’t object it goes into evidence, if
the Crown objects I’ll make a decision. But you don’t read from other documents. …
ACCUSED: Just to give you a sample and so you will decide it is the sample I asked Dr
Nielssen and it is quote-HER HONOUR: Well I just told you, no. You don’t produce a record of what someone else
has made a note of that you told them. You give evidence of what you said to the doctor and
you don’t refresh your memory from looking at the doctor’s note. You can say “On 7 June I
told Dr X this”, that’s the evidence you give, that’s the way you do it. You don’t tender Dr
X’s note of what he says you told him because there’s no way then of the jury assessing
whether his note is accurate.
ACCUSED: But that is copy of original document. …
HER HONOUR: Can I not make this any clearer? It is not admissible.
ACCUSED: And-HER HONOUR: Mr Cvetkovic, I’m not going to sit here and repeat myself, you give
evidence of what you said to the doctor, you don’t tender the doctor’s note of what the doctor
says you said. Who knows, the doctor might have misheard you, got it wrong, not
remembered properly; we don’t know when the note was made, whether it was made at the
time he spoke to you, whether it’s made afterwards, how close, whether he’s interrupted in
the meantime by an eight hour operation and was distracted. There’s no way of the jury
14
assessing the credibility and reliability of that note so it can’t be admitted as a record of what
you said. You must give evidence from your memory of what you said to these people.
ACCUSED: This is corroborative evidence.
HER HONOUR: I am telling you it’s not admissible.”
Format of the Report
Poster Format
Your analysis of one or more of these topics should be presented in a POSTER format based
on an electronic poster template. Links to some templates will be provided via Blackboard. A
hard copy must be handed in at the Student Services Counter with a signed Law School cover
sheet.
PLEASE NOTE: the poster must not be larger than A2. Please see the link below for paper
sizes. The size of this page is A4.
http://www.papersizes.org/images/a-series-paper-sizes-2.jpg
Your lecturer may also require an electronic copy to be submitted in a readily readable
electronic format (such as a Word, PowerPoint or PDF file). Each lecturer will advise
students if this is a requirement.
The poster format has been selected for this report to take into account the episodic nature of
the both the trial process and your observations. The report is not an essay transposed to a
poster template. The following is a suggested breakdown of the assignment, but this is merely
indicative and should not be regarded as a rigid specification:
description of the observed courtroom questioning: up to 500 words. (This
might include some of the actual exchange between witness and questioner.)
link to legal doctrine and/or Evidence Act issues: around 500 words
critique, analysis and commentary: 1000 words plus.
Individuals or pairs
You can elect to complete this assignment individually or in pairs. Students are encouraged to
form pairs for this assignment. The word limit is the same for an assignment completed
individually or as a pair. If you decide to complete this assignment as a pair, both students
will receive the same mark. Both students in a pair must have the same lecturer. No
submissions to modify the mark for any individual member(s) of the pair will be accepted or
considered.
Word limit
The word limit for the poster is 2000 words. You must include an exact word count when
submitting your poster. The word limit will be calculated by reference to all the text in the
body of the poster (including any substantive attachments or appendices). The appendix
detailing your court attendance is not included in the word count. Footnotes that contain only
citations or other references are not included in the word count. A bibliography, if included, is
not included in the word count.
Penalties for exceeding the word limit may be applied as follows: 0≤5% excess – no penalty;
6 ≤ 10% – 10% of the grade awarded; 11% ≤ 20% excess – 15% of the grade awarded; 21%
excess and above – 20% of the grade awarded.1
1
NOTE: these specifications, with respect to the calculation of word limit and the penalties, differ from those contained in the
School of Law Course Outline Appendices.
15
Alternative Formats: short film or audio recording
This year we are offering students an opportunity to make a short film or audio recording that
addresses the same issues as the posters. These formats offer scope for creativity, particularly
in the reproduction, re-enactment and analysis. Film and audio assignments should be
between five and ten minutes long and must be submitted in a readily readable format.
Students opting for one of these alternative formats may apply to form small groups of more
than two. This must be approved in advance by your lecturer. It is preferable for all
students in a group to have the same lecturer and the composition of a group must be
approved by all lecturers concerned. If you decide to complete this assignment as a pair or
small group, all students in the pair or group will receive the same mark. No submissions to
modify the mark for any individual member(s) of the pair/group will be accepted or
considered.
Penalties may apply if the audio/visual recording exceeds 10 minutes.
Research
It is expected that you will undertake basic or additional research that will help you complete
the court observation assignment. This may involve research in relation to the readings, where
relevant, additional case law, relevant textbooks or articles.
Academic misconduct and plagiarism
The Law School regards plagiarism very seriously. In particular, in relation to this
assignment, your report (or audio/visual recording) must be based on observations undertaken
between July – September 2011, and on observations undertaken in relation to this course.
Further information about plagiarism and academic integrity is set out in detail in Appendix 5.
Extensions
Requests for extensions should be directed to your Litigation 2 lecturer. Extensions for this
assignment will only be granted in documented cases of exceptional circumstances.
Whenever possible, requests for extensions should be lodged with your lecturer before the
due date for this assignment.
Late work will not be accepted without penalty unless an extension has previously been
granted. In accordance with Law School policy, late work may be penalised by the deduction
of 5% of available marks for that assessment for each full day that the work is late, including
weekends, up to a maximum of 50% penalty. Work handed in more than ten days late,
without an approved extension, will not be marked.2
Submitting Your Assignment
You must submit your assignment by 4pm, Friday 2 September 2011 via the Student
Services counter on Level 2. You must attach a signed copy of the assignment cover sheet and
declaration for every student in your group. Students should keep a copy of their assignment,
as well as research notes and copies of secondary sources used in their preparation.
Behaviour in Court
ENSURE that you TURN OFF your mobile phones and other electronic devices before
you enter the courtroom. It is an offence to have a mobile phone switched on in court.
You should dress neatly and behave appropriately. It is customary to give a small bow when
you enter or leave a courtroom that is in session, and you should do this. Do not speak to
2
NOTE: this specification with respect to late work is in addition to the policies contained in the School of Law Course Outline
Appendices.
16
others while the court is in session. You should not eat nor drink in the courtroom. It may be
a good idea to identify yourself as a law student to the Court Officer (in a local Court) or the
Sheriff’s Officer in the Supreme Court and check that it is permissible to take notes. You
should carry your student identification card with you when visiting the courts. Entering and
leaving the courtroom should be done as discreetly as possible. Visiting the courts with a
group of up to three or four is fine, but you should not visit individual courtrooms in large
groups.
Do not discuss the cases you have observed in the foyer, lift areas of the court, or in nearby
cafes. Remember that while you are in these courtrooms to observe, others might be
participants in the proceedings. You may be standing or sitting next to one of the parties,
or an accused, or a member of their family.
You should not interview participants nor record any of the proceedings. You should use
discretion and deference if you approach participating lawyers. This should only be done
during breaks where the lawyers are not otherwise engaged. DO NOT INITIATE
CONTACT with judges, magistrates, witnesses, complainants or defendants. Be cautious
in your responses if you are approached by any of the participants.
ANY COMPLAINTS ABOUT BEHAVIOUR OF STUDENTS WILL BE TAKEN
VERY SERIOUSLY AND MAY BE REFERRED TO THE HEAD OF SCHOOL.
17
Appendix 3
UNSW LAW SCHOOL GRADUATE ATTRIBUTES
1. WHAT ATTRIBUTES DO WE DEVELOP IN OUR STUDENTS?
The UNSW School of Law instils in students the understandings, values, skills and qualities
necessary to become highly qualified professionals with a strong sense of citizenship,
community and social justice. A legal education at the UNSW Law School, therefore,
develops graduates who have:
1. (Core disciplinary knowledge) a functioning and contextual knowledge of law and legal
institutions;
2. (Transferable intellectual skills) excellent intellectual skills of analysis, synthesis,
critical judgment, reflection and evaluation;
3. (Research skills) the capacity to engage in practical and scholarly research;
4. (Communication skills) effective oral and written communication skills both generally
and in specific legal settings;
5. (Personal and professional values) a commitment to personal and professional selfdevelopment, ethical practice and social responsibility.
These attributes build on and contextualises the 12 generic UNSW graduate attributes.3
2. WHAT DO THESE ATTRIBUTES MEAN?
A functioning and contextual knowledge of law and legal institutions means:
 a comprehensive knowledge of the core principles of law, including a critical
understanding of the policy considerations informing the law;
 an understanding of the principal institutions in the Australian and other legal
systems and their purpose and functions;
 an appreciation of the contextual factors that influence the operation of the law and
the impact law has on society, politics, the economy and culture;
 a general understanding of Australian law in international and comparative
perspective; and
 An engagement with the scholarship of law.
Excellent intellectual skills of analysis, synthesis, critical judgment, reflection and
evaluation incorporate the ability to
 collect and sort facts;
 identify and analyse legal issues;
 interpret legal texts;
 apply the law to real legal problems;
 invoke theory and inter-disciplinary knowledge to develop new and creative solutions
to legal problems;
 critique law and policy to develop new ideas about the law and law reform;
3
Thus, core disciplinary knowledge incorporate generic attributes 1, 2 and 9; transferable intellectual
skills, attributes 3, 4 and 6; research, attribute 5; communication, attribute 12; key values, attributes 4,
7, 8, 9, 10 and 11.
18

Participate effectively in debates about the law.
The capacity to engage in scholarly and empirical research involves the ability to:
 develop and plan an effective research strategy
 collect, retrieve and collate relevant information
 analyse, evaluate and interpret information
 apply and report on empirical research
Effective oral and written communication skills both generally and in specific legal
settings includes the ability to:
 Articulate and defend arguments about what the law is and/or should be in writing
and orally.
 work with a diverse range of people and communities
 demonstrate effective listening skills and an ability to discern the legal issues
presented
A commitment to personal and professional self-development, ethical practice and social
responsibility incorporates:
 a willingness to engage in life-long learning, that is, retaining and extending existing
legal and other skills and knowledge;
 the capacity to work both independently and as a productive member of a team;
 an understanding of the ethical framework in which law is practised;
 acceptance of personal and professional responsibility,
 a sense of social responsibility and justice;
 A commitment to values of equity, diversity and inclusiveness.
19
Appendix 4
FORMAL MATTERS RELATING TO ASSESSMENT
University Policies on Assessments
Information produced by the UNSW Law School regarding assessments can be found through
the Law School website, http://www.law.unsw.edu.au .
CLASS ATTENDANCE
Regular attendance at classes is expected. The UNSW Law Faculty places great emphasis on
the idea that participation in the law is crucial for learning the law. We use a seminar-style
teaching and learning method, so you have many opportunities to participate in class
discussions. By being present and active in class, you will learn more. Also there a number of
policy reasons concerning attendance, particularly the 80% attendance rule. A student who
does not attend at least 80% of classes may be refused the right to sit the final exam or to
submit the final assignment, unless they can provide adequate reasons to explain absences. To
apply the 80% rule a lecturer will state this intention at the beginning of the course. If a
student is at risk of failing the attendance, the lecturer will organise that the Student Services
office will send an email to the student’s official university address. A student who is to be
refused the right to final assessment will be notified by registered mail. The lecturer cannot
impose other sanctions.
LATE WORK
If you fail to submit work for assessment on time you will find that marks will be deducted
for lateness, unless you have obtained an extension prior to the date for submission. The
penalty applied will be at the rate of 5% of the available marks for that assignment for each
day or part thereof that the essay is late up to a maximum of 50% penalty.
WORD LIMITS
Strict word limits will apply to all assessed work. In calculating the number of words, all
text, footnotes (including citations of references), tables, and appendices will be included.
The bibliography will not be included in the word limit. Penalties will apply to assessed work
which exceeds the word limit as follows:
0-10%
11-29%
30% and over
No penalty
15% penalty
30% penalty
MARKING
Your teachers are committed to ensuring that all marking is fair and comparable across all
class groups. The main mechanism for ensuring fairness is that teachers will work towards
producing similar marking profiles for all classes. In addition, any students in danger of
failing will have their work double-marked.
Do you have questions about your assessment?
20
The first step is to contact your lecturer no earlier than 3 days after the assessment task is
returned to you to request feedback. Your teacher can discuss your work with you and give
you both summative and formative feedback.
If you are still unsatisfied, the next step is to discuss your work with the Course Convenor. In
order for a mark to be reviewed you need to follow the UNSW policy. See the following
website for further details:
https://my.unsw.edu.au/student/academiclife/assessment/Results.html
Students may make an application for the review of a result for any of their assessment. A
review of a result may take one of two forms:
Type A: Checking a mark - An administrative check that all marks have been included in
the final composite mark.
Type B: Re-assessment - An academic re-assessment of a piece of work. If you wish to
request a re-assessment of a piece of work, you must first discuss your performance with the
course examiner. If you still believe that the mark you have received does not reflect your
performance you may apply for re-assessment. You are required to give reasons to justify
your request for re-assessment. Where insufficient reasons are given, the Assessment Review
Group of the Faculty may decline to take action. Please note that if you request a reassessment of your result, this will include a check of the addition of marks. In either case the
review may result in the mark going up or down.
If you would like to have your results reviewed, please submit a Review of Results
application (pdf) to Student Central. The application must be submitted to Student Central no
later than 15 working days after the return of the piece of work, or in the case of an exam, 15
working days from the date of release of results.
https://my.unsw.edu.au/student/academiclife/assessment/ReviewofResults.pdf
A fee will be charged for the review of your results. Keep all marked work in case it is needed
for re-marking.
ILLNESS OR MISADVENTURE
If your performance is affected by illness or misadventure you should notify your teacher as
soon as possible, preferably with a medical certificate or other documentary evidence of your
special circumstances.
If you miss a class through illness or misadventure, you need to inform your lecturer,
otherwise you will be marked as ‘absent’. If your performance in assessments is affected by
illness and misadventure, you should notify the course convenor, and submit a Special
Consideration request form within 3 working days from the date of the assessment task. These
Special Consideration request forms must be lodged at UNSW Student Central. This
centralised process makes it consistent and fairer for all students across the university.
For full details see: https://my.unsw.edu.au/student/atoz/SpecialConsideration.html
EXPECTATIONS OF STUDENTS
Workload
You are expected to read the assigned readings prior to each class. The Course Guide
summarises the reading assignments for each class; the Reading Materials include a more
detailed class-by-class guide to the readings. Undergraduate students are expected to read for
no less than 1 hour for every hour taught. Postgraduate students are expected to read for at
least 2 hours for every hour taught.
21
Procedures for submission of assignments
The essay and other written components should be submitted via the administrative desk
currently on level 2 of the Law Building. You will be advised in class of the location in the
new building or if this procedure is to change. Please also note previous comments regarding
penalties for late work
22
Appendix 5
ACADEMIC MISCONDUCT AND PLAGIARISM
A Student Code of Conduct was adopted by the university in December 2009 and is available
at http://www.policy.unsw.edu.au/policy/studentconduct.pdf
Part of that code is a requirement for a high standard of ethical and personal behaviour, with
an ‘obligation to act with integrity in academic work, to ensure that all academic work is
conducted ethically and safely’.
Academic misconduct includes plagiarism, which is the use of another person’s words and
ideas without appropriate acknowledgement. Plagiarism will not be tolerated. Each year a
number of complaints are made relating to academic misconduct within the Law School.
Serious punishment, including exclusion from University, may result from such complaints.
A finding of academic misconduct against a law student could also act as a bar to admission
to practice.
All work submitted in this course for assessment must be your own work. It should not be
written in collaboration with any other student, lawyer or professional person to whom you
may have access. You may, of course, in preparing work for assessment, consult your teacher
and the Law Librarians.
All work submitted in this course for assessment must have been generated for this course
alone. In other words, you should not submit for assessment work which you may have
completed for another course or professional requirement.
It is your responsibility to use correct methods of acknowledging other people’s ideas. The
recommended form of citation for essays submitted in this course is the Australian Guide to
Legal Citation. A read-only copy of this Guide can be downloaded at
http://mulr.law.unimelb.edu.au/files/aglcdl.pdf
In addition to using the work of others, allowing other students to use your written work
amounts to collusion in assessment. Collusion in assessment is academic misconduct. Unless
work is specified to be group work, any work submitted for assessment must be written by
each student individually, and must not be shared, whether in draft or completed form, with
any other student. While it is understood that it is often beneficial for students to study
together and to discuss their work, students who share, distribute, or show their written work
to any other student while enrolled in the course for which the work is to be submitted will be
deemed to be colluding in their work, and thus guilty of academic misconduct.
No essays or assignments can be accepted unless you sign the academic misconduct
declaration that is included on the Law School assignment cover sheet.
You also need to be familiar with the UNSW policies relating to academic misconduct:
General policy:
https://my.unsw.edu.au/student/academiclife/assessment/StudentMisconduct.html
Student conduct policy, including Code of Conduct:
http://www.gs.unsw.edu.au/policy/documents/studentconductpolicy.pdf
23
Student misconduct procedures:
http://www.gs.unsw.edu.au/policy/documents/studentmisconductprocedures.pdf
What is Plagiarism?
Plagiarism is the presentation of the thoughts or work of another as one’s own.* Examples
include:
 direct duplication of the thoughts or work of another, including by copying material, ideas
or concepts from a book, article, report or other written document (whether published or
unpublished), composition, artwork, design, drawing, circuitry, computer program or
software, web site, Internet, other electronic resource, or another person’s assignment
without appropriate acknowledgement;
 paraphrasing another person’s work with very minor changes keeping the meaning, form
and/or progression of ideas of the original;
 piecing together sections of the work of others into a new whole;
 presenting an assessment item as independent work when it has been produced in whole
or part in collusion with other people, for example, another student or a tutor; and
 claiming credit for a proportion a work contributed to a group assessment item that is
greater than that actually contributed.†
For the purposes of this policy, submitting an assessment item that has already been submitted
for academic credit elsewhere may be considered plagiarism.
Knowingly permitting your work to be copied by another student may also be considered to
be plagiarism.
Note that an assessment item produced in oral, not written, form, or involving live
presentation, may similarly contain plagiarised material.
The inclusion of the thoughts or work of another with attribution appropriate to the academic
discipline does not amount to plagiarism.
The Learning Centre website is main repository for resources for staff and students on
plagiarism and academic honesty. These resources can be located via:
www.lc.unsw.edu.au/plagiarism
The Learning Centre also provides substantial educational written materials, workshops, and
tutorials to aid students, for example, in:
 correct referencing practices;
 paraphrasing, summarising, essay writing, and time management;
 appropriate use of, and attribution for, a range of materials including text, images,
formulae and concepts.
Individual assistance is available on request from The Learning Centre. The
University regards academic misconduct as a very serious matter. Students found guilty
of academic misconduct are usually excluded from the University for two years. Contingent
on the individual circumstances, however, the period of exclusion can range from one session
to permanent exclusion from the University.
24
The following are some of the actions which have resulted in students being found guilty of
academic misconduct in recent years:
 use of unauthorised aids in an examination;
 submitting work for assessment knowing it to be the work of another person;
 improperly obtaining prior knowledge of an examination paper and using that
knowledge in the examination;
 failing to acknowledge the source of material in an assignment, or the extent of
indebtedness to others.
In cases where students collaborate with other students, the extent of collaboration should be
included as well as the names of all students who contributed to the piece of work. Anyone
not already familiar with correct forms of acknowledgement is strongly advised to consult the
UNSW Learning Centre Web Page concerning Plagiarism & Academic Integrity at
http://www.lc.unsw.edu.au/plagiarism.
See
also
Avoiding
Plagiarism
at
http://www.lc.unsw.edu.au/onlib/plag.html .
_____________________________
* Based on that proposed to the University of Newcastle by the St James Ethics Centre. Used
with kind permission from the University of Newcastle
† Adapted with kind permission from the University of Melbourne.
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Appendix 6
ADMINISTRATIVE MATTERS AND STUDENT SUPPORT SERVICES
If you who have a disability that requires some adjustment in your teaching and learning
environment, you should discuss your study needs before the beginning of the course with the
Equity Officer in the Student Equity and Disabilities Unit (SEADU). Issues discussed may
include access to materials, signers or note-takers, the provision of additional services, and
alternate exam and assessment arrangements. SEADU are experts in both the analysis of
different kinds of disabilities and their impacts, so they are in a good position to design
adjustments to the teaching and learning environment. You need to be registered with
SEADU in order for these adjustments to be put in place. SEADU will give you a letter
outlining these adjustments which you then pass on to your lecturer and course convenor.
Student Equity and Disabilities Unit:
Website: www.studentequity.unsw.edu.au
Email: seadu@unsw.edu.au
Tel: 9835 4734 Fax 9385 6262
NOTICE ON DISTRESSING COURSE MATERIAL
There may be times when you may become distressed as a result of studying the material in
your course. If that is the case you may wish to contact the Counselling & Pyschological
Service at the University directly on 9385 5418 or www.counselling.unsw.edu.au, or speak to
your lecturer who may assist you to contact this service. This is a free service to students.
OCCUPATIONAL HEALTH AND SAFETY
UNSW is dedicated in its approach to ensure a safe and healthy working and learning
environment and its policies may be examined at:
http://www.hr.unsw.edu.au/ohswc/ohs/pdf/p_OHS.pdf
SCHOOL OF LAW OFFICE
Level 2
Faculty of Law Building
Lower Campus
Office Hours: 9.00 to 5.00 (during the semester 10.00 – 4.00 during the semester breaks)
Email: law@unsw.edu.au
Tel:
+ 61 2 9385 2227
Fax: + 61 2 9385 1175
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