LLB306 Research and Problem Solving Paper 2, 2022

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Queensland University of Technology *

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306

Subject

Civil Engineering

Date

Apr 3, 2024

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pdf

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2

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LLB306 Civil Procedure Semester 2, 2022 Research and Problem Solving Paper Page 1 of 2 The Research and Problem Solving Paper is a research project of 2,000 words that allows you to critically examine aspects of civil procedure of current relevance. As it is a research project, the subject learning material may not constitute all of the material needed to complete the tasks. The Research and Problem Solving Paper is due: By 11:59pm (Queensland time) on Thursday, 1 September 2022 and must be submitted online only using Turnitin. Instructions on submitting your Research and Problem Solving Paper can be viewed at: https://qutvirtual4.qut.edu.au/group/student/it-and-printing/qut-blackboard/assessment-on- qut-blackboard/submitting-assignments/turnitin The link for submission of your Research and Problem Solving Paper will be available in the ‘Submission Links’ column in the Assessment area of the Civil Procedure Blackboard site before the deadline. Note: All references to the Written Assessment in the Law School (WALS) is the latest version. Both WALS and AGLC4 can be accessed on the MyLLB (Law_MyLLB) Blackboard site in the LLB Info section by selecting ‘Assignment Formatting and Referencing Guides’: https://blackboard.qut.edu.au/webapps/blackboard/content/listContent.jsp?content_id=_9833165_1&c ourse_id=_165837_1 . For this paper: It must be typed in 12 point font (Times New Roman or Arial), margins of at least 2.5cm with 1.5 line spacing and must comply the requirements in Part 1 of WALS; Formatting must be in compliance with WALS and: Number each page; State the word count at the end of the paper; A bibliography is not required; and Do not include the CRA (Criteria Reference Analysis sheet). It must not exceed 2,000 words - the word limit includes all material except footnotes (which must not contain matters of substance); in particular, quotes are included in the word count as well as words like ‘a’ and ‘the’ – material exceeding the word limit will not be read or marked; Legal citations are to be in compliance with the AGLC4 and Part 3 of WALS ; Writing and referencing information can be accessed from Parts 2 and 3 of WALS .
LLB306 Civil Procedure Semester 2, 2022 Research and Problem Solving Paper Page 2 of 2 The Assessment Questions and Tasks All four (4) questions must be answered as they collectively constitute the Research and Problem Solving Paper. Remember, marks are awarded for not just stating facts but for developing arguments with support when answering the questions. When answering those questions, include references to all relevant legislation, cases and rules of court. The Uniform Civil Procedure Rules 1999 (Qld), subordinate legislation under the Supreme Court of Queensland Act 1991 (Qld) (“ rules ”), applies to the Research and Problem Solving Paper Questions. Question 1 : Discuss why, how and when Queensland lawyers fulfil their obligation to communicate to clients the costs of legal services pursuant to legislative provisions. 4 marks 200 words maximum Question 2 : What is Case Appraisal and what legislative provisions provide for Case Appraisal in the Queensland State court hierarchy? Explain the steps that can occur before and during the Case Appraisal process, including any relevant rules and legislative provisions. 11 marks 550 words maximum Question 3 : Within the Queensland State court hierarchy, what is a subpoena and what form and form number/s must they be produced in? How are they required to be served within Queensland and interstate, how can they be set aside and on what grounds? 18.5 mark 925 words maximum Question 4 : In relation to appeals by way of rehearing, discuss the rules regarding the admission of further evidence arising after the date of judgment and how the court’s discretion is exercised. 6.5 marks 325 words maximum TOTAL [40 marks] [2,000 words maximum]
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