Assessment details
1. Research assignment
Topic
“Constitutional impediments and Commonwealth-State rivalry prevent Australia having effective
national, corporate regulation.”
Is this statement an accurate description of the situation in Australia today? Discuss, in the light of
recent reforms to the regulatory scheme and problems which may arise in the future.
Guidelines
The word limit is 2400 words. If the assignment exceeds the word limit by 100 words or less, there
will be no penalty. If the assignment exceeds the word limit by more than 100 words, there will be a
penalty of half a mark deducted for each extra 50 words or part thereof. Footnotes will not comprise
part of the word count nor will a bibliography. If the assignment word count is well below 2400
words (2100 words or less) there will be penalty.
NB: Late assignments will be penalised as follows:
· Up to 3 days late 5% of the maximum possible mark awarded for the assignment
· From 4–7 days late 10% of the maximum possible mark awarded for the assignment
· From 8–14 days late 25% of the maximum possible mark awarded for the assignment
· More than 14 days late Not marked
Refer to the Rules concerning all assignments for the circumstances when these penalties may be
waived. Remember that the extension to the submission deadline is exception rather than the rule
and it can be granted only in exceptional circumstances.
In addition to matters developed in more detail below the marker will examine whether you have:
1. identified and clearly stated the relevant issues;
2. applied relevant legal principles to the resolution of these issues;
3. critically analysed deficiencies in the law and recommended appropriate changes to the law;
4. integrated and evaluated relevant knowledge from both the material covered in this unit
and your own independent research;
5. developed and sustained a concise and convincing legal argument through to a logical
conclusion;
6. correctly referenced and acknowledged sources;7. fluent, clear, concise writing, not containing poor expression, grammar or spelling; and
8. answered the specific question asked.
Think about the topic and make sure you understand what the topic is about before you
proceed. Marks cannot be awarded for irrelevant material, no matter how good that material is.
The assignment should contain:
1. an introduction, clearly setting out the broad direction of the assignment, its objectives,
any parameters of the assignment, and perhaps a summary of the arguments;
2. presentation of argument, review of literature and compilation of evidence relevant to
the topic;
3. conclusion, clearly summarising the arguments or findings;
4. a reference list, setting out all the books, articles and other sources you have referred to
in the course of writing the assignment. You need not have necessarily read each
reference from start to finish, but you should have at least looked up each reference;
5. accurate citation of your sources of information. Your written material must be
presented in accordance with the most recent Australian Guide to Legal Citation (AGLC)
adopted by this School (you can download a copy of the AGLC from
<http://mulr.law.unimelb.edu.au/files/aglcdl.pdf>).
Students should note the following:
· Many people are not familiar with the requirements of assignments. Basically they are like
any other piece of good writing. They must have a beginning, a middle and an end. They
must be organised so that one point leads to another in a logical sequence. Headings and
subheadings are usually of assistance to the reader, who should be easily able to ascertain
the logic of your arguments. You should look at the articles you read in the course of your
research as a model for style and organisation.
Statements of fact must be supported by referencing in the proper form. Also arguments
and ideas you are adopting or disagree with must be properly referenced. This is one of the
most important aspects of your assignment, and severe penalties will be imposed if you do
not reference. Be aware of the University’s and Law School’s rules on plagiarism. You should
avoid overreliance on only a small number of sources. You are expected to have read widely
on the topic.
· You are expected to employ your critical and analytical skills in this assignment. Avoid mere
description or regurgitation and do not quote excessively. Generally speaking, no more than
10% of the assignment should be direct quotes or substantive copying of other people’s
work. Both your observations and your use of other people’s writing should reflect this
critical/analytical dimension. In sum, your intellectual input should be clearly discernible in
the assignment.
· You are not marked for your political or social views or opinions, but rather for your ability
to present coherent, rational and logical arguments, properly supported by authority.
· You are also marked for your ability to express yourself clearly, logically and succinctly. Poor
expression, grammar and spelling will detract from your overall mark.
· Many students do not also realise that the more drafts of the assignment that are written,
the better standard the final product will normally be. You should aim to find the time to complete at least two, if not three, drafts prior to handing the assignment in. This will be
especially important in ensuring that the word limit is not exceeded.
Marking criteria
Important information: You are advised to consider the following information carefully before
starting your assignment.
The assignment will be marked according to the following criteria.
Research (40%) You are expected to demonstrate a comprehensive review of the primary law
sources (legislation, case law) as well as an adequate review of secondary sources (for example
textbooks, journal articles, case commentary, explanatory memoranda, Law Reform Commission
reports). Your research should be used to identify and clearly state the relevant issues and legal
principles and support your analysis.
Analysis (50%) You are expected to analyse the information gathered and evaluate the relevant legal
principles. You are expected to develop your argument logically through clear analysis and apply
relevant legal principles to the resolution of issue(s). Your analysis should also:
· integrate and evaluate relevant knowledge from the material covered in this unit;
· develop and sustain a concise and convincing legal argument through to a logical conclusion;
and
· importantly, answer the specific question asked.
Technical aspects (10%) You are expected to:
· correctly reference and acknowledge sources;
· use fluent, clear, concise writing that contains clear expression, correct grammar, syntax,
· sentence structure and spelling; and
· use headings and subheadings (where appropriate), an introduction, conclusion and
bibliography or reference section.
Submission of assignments
All students are required to upload an electronic copy of their assignments via Turnitin. DO NOT
send a hard copy of your assignment.
Assignments must be uploaded on or before the due date, using the assignment function.
Your assignments must be submitted as either Word documents (.doc or .docx) or as text documents
(.rtf). Please do not submit PDF files.
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