Newcastle School of Law and Justice

LAWS4055B: Legal Practice 2 - Part B

Newcastle City Precinct
Semester 2 - 2023

OVERVIEW
Course Description This course builds upon the course Legal Practice 1, focusing on
the more advanced aspects of litigation and legal transactions. It
gives emphasis to professional responsibility and relevant ethical
behaviour. This course is made up of a number of components
and modules which cover a variety of areas of legal practice
where communication, research, advocacy and legal transaction
skills are utilised. Students undertake advocacy simulation and
drafting exercises.

Assumed Knowledge The ‘A’ component of this Multi-Term Sequence Course must be
taken prior to enrolment in the ‘B’ component. Must be active in
the LLB (Hons)/Grad Dip in Legal Practice and successfully
completed all of LAWS1010, LAWS1011, LAWS1020,
LAWS1021, LAWS2030, LAWS3040, LAWS3041, LAWS4054A,
LAWS4054B LAWS4055A
Contact Hours Newcastle City Precinct
Seminar *
Face to Face On Campus
2 hours per Week for 7 or 10 Weeks (Employment or Wills
Practice) and 2 hours for 13 weeks (Criminal or Family Law
Practice)

* This contact type has a compulsory requirement.

Unit Weighting 10
Workload Students are required to spend on average 120-140 hours of
effort (contact and non-contact) including assessments per 10
unit course.
Multi-Term Sequence This course is part of a multi-term sequence. Both Part A and Part
Advice B must be completed to meet the requirements of the sequence.
Part A and Part B must be completed in consecutive terms.
Students must complete Part A before completing Part B.
Students must complete the sequence within a twelve month
period. If students complete Part A but are unable to complete
Part B within the timeframe, they must re-enrol in Part A. Part A
cannot be completed as a standalone course, it will only count
towards your program once you have successfully completed Part
B. Students select to undertake either Family Law Practice or
Criminal Law Practice and either Employment and Industrial
Practice or Wills and Succession Practice. Students must
undertake the Mooting Mentorship program.

CRICOS Provider 00109J

LAWS4055B: Legal Practice 2 - Part B
Newcastle City Precinct Semester 2 - 2023

CONTACTS
Course Coordinator Newcastle City Precinct
Ms Sarah Breusch
Sarah.breusch@newcastle.edu.au
(02) 4921 8666
Consultation: By appointment

Teaching Staff Wills and Succession Practice: Ms Sarah Breusch

Sarah.breusch@newcastle.edu.au
Consultation: by appointment

Family Law Practice: Ms Sheriden Nelson

Sheriden.nelson@newcastle.edu.au
Consultation: by appointment

Criminal Law Practice: Mr Daniel Matas

daniel.matas@newcastle.edu.au
Consultation Tuesdays 12noon-1PM (by appointment)

Employment Law Practice: Ms Jacquie Svenson

Jacquie.svenson@newcastle.edu.au
Consultation Thursdays 2-3pm for duration of course

Mooting Mentorship: Sarah Breusch

Sarah.breusch@newcastle.edu.au
Consultation by appointment

School Office Newcastle School of Law and Justice

5th Floor
NU Space
409 Hunter Street
Newcastle
Law-School@newcastle.edu.au
+61 2 4921 8666

SYLLABUS
Course Content This course builds upon the course Legal Practice 1, focussing on more
advanced aspects of litigation and legal transactions. It gives emphasis to
professional responsibility and relevant ethical behaviour. The course is made
up of components and modules which cover a variety of areas where advocacy
and legal transaction skills are utilised. These include Criminal Law Practice,
Family Law Practice, Wills and Succession Practice and Employment and
Industrial Law Practice. Students undertake simulation advocacy exercises and
prepare complex documents. The course also develops skills in written
communication, legal letter writing, document drafting, interviewing, research,
non-litigious negotiation and settlement.
Students undertake two of the four available modules.

Course Learning Outcomes On successful completion of this course, students will be able to:
1. Demonstrate knowledge and advanced skills required of an entry level
lawyer;

2. Apply earlier learning in both substantive and procedural law;

3. Demonstrate development of the oral and written skills needed to practice

law;

4. Demonstrate an understanding of the management of legal practices, time

management, professional responsibility and professional ethics.
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WILLS AND SUCCESSION PRACTICE MODULE

COURSE MATERIALS
Textbook
Birtles C, Neal R and Sims C, Hutley’s Australian Wills Precedents 10th ed. LexisNexis 2021
Recommended Texts/Readings
Croucher R, Vines P, Succession: Families, Property and Death 5th ed., LexisNexis 2018
Mackie K and Bennett Histed E, Principles of Australian Succession Law 4th ed., LexisNexis 2022
De Groot JK, Nickel BW, Family Provision in Australia 6th ed., LexisNexis 2021
New South Wales Government, Department of Communities and Justice Capacity Toolkit Reprinted 2020

COMPULSORY REQUIREMENTS
In order to pass this course, each student must complete ALL of the following compulsory requirements:
1. Attend all classes (punctually) and remain for the duration of the class. Students may miss one class without
penalty, but they are expected to familiarise themselves with the content covered in the missed class. If more
than one class is missed for any reason, make up work will be set by the lecturer. If more than 2 classes are
missed, students risk not passing the module
2. Actively participate in the in-class exercises;
3. Demonstrate a professional attitude to learning;
4. Complete the will drafting and probate/administration assignments to a satisfactory standard, being the
standard that would be expected of a competent entry level lawyer.
Note that it is your responsibility to keep a copy of each assessment task that is submitted.
ASSESSMENTS
This course has 3 assessments. Each assessment is described in more detail in the sections below.

Assessment Name Due Date Involvement Weighting Learning

Outcomes
1 Class attendance NA Individual NA 1, 2, 3, 4
2 Will drafting assignment Friday 18 August 11pm Individual Pass/fail 1, 2, 3, 4
3 Probate/administration Thursday 7 September 11pm Individual Pass/fail 1, 2, 3, 4
assignment

See Critical course information on Canvas for more detail on the Schedule of classes and assessments.

CRIMINAL LAW PRACTICE MODULE

Course Materials
Recommended text:

R N Howie & P A Johnson, Annotated Criminal Legislation New South Wales (Lexis Nexis Butterworths, 2022 – 2023
Edition)

Lorraine Finlay & Tyrone Kirchengast, Criminal Law in Australia (Lexis Nexis Butterworths, 3rd Edition, 2023)

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Andrew Hemming, Francine Feld & Thalia Anthony, Criminal Procedure in Australia (Lexis Nexis Butterworths, 2nd
Edition, 2019)

Roderick Howie, Paul Slattler & Marissa Hood, Criminal Law and Procedure in New South Wales, (Lexis Nexis
Butterworths, 7the edition, 2023

Online Resources:

Criminal CPD: A not for profit website for Criminal Lawyers in New South Wales, Australia
https://criminalcpd.net.au/

Criminal Law Survival Kit

http://www.criminallawsurvivalkit.com.au/

Criminal Practice & Procedure NSW

https://advance.lexis.com/pacificresearchhome/?pdmfid=1201008&crid=a6d4f447-3799-47dd-bd49-
b429d7264b38&ecomp=-2sg&prid=83c12821-fabf-4d32-abd1-6d055346ac97

Podcasts:

Legal Aid NSW Criminal Law Division

https://podcasts.apple.com/au/podcast/legal-aid-nsw-criminal-law-division/id1390413651

Criminal Sentencing Law

https://podcasts.apple.com/au/podcast/criminal-sentencing-law/id1419104714

COMPULSORY REQUIREMENTS:
In order to pass this course module, each student must complete ALL of the following compulsory requirements:

1. Attend all seminars (beginning to end);

2. Actively participate in all in-class exercises;
3. Complete all assessments to at least a satisfactory standard; and
4. Demonstrate a professional attitude throughout the clinical Module.

Seminar Attendance Requirements:

• Seminar Attendance and Participation Requirement – Seminar classes will be held on a Tuesday in weeks 1,
2, 4, 6, 7, 8 and 9 from 2pm – 4pm in X-202. Attendance at and active participation in seminar classes is
compulsory. Students may miss one class without having to do a make-up exercise, but they are expected to
familiarise themselves with the content covered in the missed class. If more than one class is missed for any
reason, make up work will be set by the lecturer. If more than 2 classes are missed, students' risk not passing
the module.
• Participation in the seminar activities is designed to provide students with the opportunity to learn
experimentally, reflect on their performance, gain feedback and develop their skills. These activities also
assess student competencies as required by APLEC and the LACC.
• This module also has several audio slide presentations that will be placed on Canvas. It is expected that
students will have listened to these presentations and completed any set readings prior to class in
preparation for the relevant seminar class.
Course Assessment Requirements:

• During weeks 3 & 5, students are required to complete (face to face) skills exercises #1 and #2 respectively.
• During weeks 10, 11, 12 or 13, students are required to complete (face to face) skills exercises #3 and #4.
• In order to pass this course module, students must complete each of the skills exercises to a satisfactory
standard. This satisfactory standard requires written and oral work to be completed to a level which is
equivalent to or greater than a credit grade.

ASSESSMENTS
This course has 4 assessments. Each assessment is described in more detail in the sections below.

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Assessment Name Due Date Involvement Weighting Module

Learning
Outcomes
1 Bail Exercise Allocated time during week 3 Individual Pass / Fail 1, 2, 3, 4
2 Plea Making Exercise Allocated time during week 5 Individual Pass / Fail 1, 2, 3, 4
3 Witness Statement By 10am on either 18/9, 09/10, 16/10 Individual Pass / Fail 1, 2, 3, 4
or 23/10 (as allocated)
4 Hearing Exercise Allocated time during week 10, 11, Individual Pass / Fail 1, 2, 3, 4
12 or 13

Note that it is your responsibility to keep a copy of each assessment task that is submitted.

Students who arrive late to any one or more of their court-based exercises risk failing this course module.

Note: Students are reminded to consult the additional information concerning this module and its assessment tasks
located on Canvas titled “Criminal Law Critical Course Information”.

EMPLOYMENT AND INDUSTRIAL PRACTICE MODULE

Course Materials Readings

Case files provided on Canvas and listed in the preparation column of the Schedule in the
Course Outline.

Recommended Texts / Readings

Carolyn Sappideen, Joellen Riley & Paul O’Grady Macken's Law of Employment (Law
Book Co., 9th ed, 2022) as follows:

• 13.50 – 13.200: Statutory Protection for Job Security (including Unfair Dismissal).
• 13.230-13.350 (General Protections, Other Rights on Termination);
• Chapter 15: Anti-Discrimination Law
• 13.370-13.410 (Workplace Bullying)
• 10.50 (Recovery of statutory minimum wages)

Unfair Dismissals Benchbook

Fair Work Commission small claims information

COMPULSORY REQUIREMENTS
In order to pass this course, each student must complete ALL of the following compulsory requirements:
1. Attend all classes (punctually) and remain for the duration of the class. Students may miss one class without
penalty, but they are expected to familiarise themselves with the content covered in the missed class. If more
than one class is missed for any reason, make up work will be set by the lecturer. If more than two classes are
missed, students risk not passing the module.
2. Actively participating in the in-class exercises;
3. Demonstrate a professional attitude to learning;
4. Complete the letter of advice, application and conciliation assignments to a satisfactory standard.
Note that it is your responsibility to keep a copy of each written assessment task that is submitted.
ASSESSMENTS

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(Specifics of the assessments are contained in the Critical Course Information for this Module, on Canvas)
Assessment name Due date Involvement Weighting Learning
Outcomes
1 Letter to Applicant / Applicant: 5pm Friday Individual Formative 1,2,3,4
Respondent 4 August 2023 (Week
3) Respondent: 5pm
Friday 11 August
August 2023 (Week
4)
2 Application / Response Applicant: Friday 1 Individual Formative 1,2,3,4
September 2023
(Week 7)
Respondent: Friday 8
September (Week 8)
4 Class Attendance Individual Formative 1,2,3,4
5 Class Participation Individual Formative 1,2,3,4
6 Professional attitude to Individual Formative 1,2,3,4
learning

FAMILY LAW PRACTICE MODULE

Course Materials
Chisholm, R., Christie, S. and Kearney, J. Annotated Family Law Legislation, Lexis Nexis Butterworths, 2021 (6th ed)

Holmes, D. Family Law, LexisNexis Butterworths 2016 (6th ed) – KN 170.K1 MILL 2016

Eithne Mills, E., Ebejer, M., Family Law, Lexis Nexis Butterworths 2021(8th ed)

Dickey QC, A. Family Law, Thomson Reuters, 2014 (6th ed) – KN 170.K1 DICK-1 2014

Fehlberg, B., Kaspiew, R., Millbank, J., Kelly, F. and Behrens, J. Australian Family Law: The Contemporary Context,
Oxford University Press, 2015 (2nd ed) – KN 170.K1 FEHL 2015

Livermore, M., The Family Law Handbook, Thomson Reuters 2019 (5th ed) – KN170.K1 LIVE 2019
CCH – Australian Master Family Law Guide – Electronic Resource via CCH IntelliConnect CCH – Australian Family
Law Handbook Practical Tools – Electronic Resource via CCH IntelliConnect LexisNexis – Family Law – Electronic
Resource via Lexis Nexis

COMPULSORY REQUIREMENTS:
In order to pass this clinical module, each student must complete ALL of the following compulsory requirements:

1. Attend all seminars (beginning to end) between weeks 1-9 and attendance at allocated interim hearing date in week
11-13 (no class in week 10). Students may miss one class without penalty, but they are expected to familiarise
themselves with the content covered in the missed class. If more than one class is missed for any reason, make
up work will be set by the lecturer. If more than 2 classes are missed, students risk not passing the module.
2. Actively participate in all in-class exercises
3. Complete all assessments to at least a satisfactory standard
4. Demonstrate a professional attitude throughout the clinical module

Seminar Attendance Requirements:

Seminar attendance is compulsory. If you become aware that you will be unable to attend a seminar, you should notify
Sheriden Nelson by email.

Mandatory in-class Learning Activities

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Participation in the in-class activities is compulsory. The learning activities are designed to provide you with the opportunity
to learn experientially, reflect on your performance, gain feedback and develop your skills. These activities also assess
students’ competencies as required by APLEC and the LACC. Any student who fails to participate satisfactorily in
mandatory learning activities will be required to satisfactorily complete a substituted exercise which may include an original
research on a relevant topic.

Demonstrate a professional attitude to learning and practice

One of the aims of the Practice Program is to assist you in developing a professional attitude to learning and practice.
This includes:

1. Diligent preparation and mental focus

2. Meeting deadlines for the submission of work
3. Being courteous and respectful to all judicial officers, practitioners, court staff, university staff and fellow students
4. Showing a willingness to positively engage with course material
5. Making use of the opportunities you are provided with in this module
6. Actively seeking feedback in the hope of further developing your skills
7. Acting with honesty and integrity
8. Submitting work which is your own

ASSESSMENTS
Each student is required to undertake these three assessments in the module. Each assessment is described in
more detail in the Critical Course Information.

In week 3 a simulated client will be allocated to you. You will act for this client throughout the entire semester and
will, ultimately, represent your client at an Interim Hearing.

Assessment Name Due Date Involvement Weighting Learning

Outcomes
1 Initiating Application, 25 August 2023 (11.59pm) Individual Formative 1, 2, 3, 4
Genuine Steps
Certificate, Affidavit and
Notice of Child Abuse,
Family Violence or Risk
by Applicant
2 Response, Genuine 8 September 2023 (11.59pm) Individual Formative 1, 2, 3, 4
Steps Certificate
Affidavit, and Notice of
Child Abuse, Family
Violence or Risk by
Respondents
3 Advocacy: Interim TBA (weeks 11, 12, 13) Individual Formative 1, 2, 3, 4
Hearing

Late Submissions Late submission of a written assessment, without an approved extension of time, will place
your successful completion of the Module in jeopardy. Late arrival to an advocacy based
assessment is not permitted and students will not be granted access to the courtrooms after
the allocated commencement time. A late arrival will be deemed ‘non-attendance.’ Non-
attendance in relation to an advocacy based assessment will place your successful
completion of this module in jeopardy.

MOOTING MENTORSHIP
Assessment
Mentors will be assessed on their proficiency in

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i. mentoring a small number of 1st year students, to a professional standard, in their preparation for their
appearance in an adversarial Tort appeal moot at the end of Semester; and
ii. their attendance as an instructing solicitor in support of their mentees at the scheduled moot time.

Tips and details regarding mentoring will be provided in class. Mentors are expected to make themselves available to
meet with mentees for a minimum of 6 hours in preparation for the moot.

ADDITIONAL INFORMATION
Grading Scheme
This course is graded as follows:
Grade Description
Ungraded Pass There are no marks associated with this result and you have met the
(UP) level requirements to pass the course.
Fail Failure to satisfactorily achieve assessment objectives or compulsory
(FF) course requirements. A fail grade may also be awarded following
disciplinary action.

Communication Communication methods used in this course include: Canvas and email.
Methods

Course Evaluation Each year feedback is sought from students and other stakeholders about the courses offered
in the University for the purposes of identifying areas of excellence and potential
improvement.

Oral Interviews (Vivas)
As part of the evaluation process of any assessment item in this course an oral examination
(viva) may be conducted. The purpose of the oral examination is to verify the authorship of
the material submitted in response to the assessment task. The oral examination will be
conducted in accordance with the principles set out in the Oral Examination (viva) Procedure.
In cases where the oral examination reveals the assessment item may not be the student's
own work the case will be dealt with under the Student Conduct Rule.

Academic Misconduct All students are required to meet the academic integrity standards of the University. These
standards reinforce the importance of integrity and honesty in an academic environment.
Academic Integrity policies apply to all students of the University in all modes of study and in
all locations. For the Student Academic Integrity Policy, refer to
https://policies.newcastle.edu.au/document/view-current.php?id=35.

Adverse The University acknowledges the right of students to seek consideration for the impact of
Circumstances allowable adverse circumstances that may affect their performance in assessment item(s).
Applications for special consideration due to adverse circumstances will be made using the
online Adverse Circumstances system where:
1. the assessment item is a major assessment item; or
2. the assessment item is a minor assessment item and the Course Co-ordinator has
specified in the Course Outline that students may apply the online Adverse Circumstances
system;
3. you are requesting a change of placement; or
4. the course has a compulsory attendance requirement.
Before applying you must refer to the Adverse Circumstance Affecting Assessment Items
Procedure available at:
https://policies.newcastle.edu.au/document/view-current.php?id=236

Important Policy The 'HELP for Students' tab in UoNline contains important information that all students should
Information be familiar with, including various systems, policies and procedures.

Wellness Contacts There are a variety of pressures on law students, and being able to perform well academically
under pressure, without excessive stress will contribute to enhanced outcomes in wellbeing

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and academic results. Reach out to support services and learn ways to maintain your mental
health, deal with stress and common issues like perfectionism, procrastination and anxiety.

To access UON support:

https://www.newcastle.edu.au/current-students/support/personal

Ph: 4921 6622 or email: counselling@newcastle.edu.au

For support outside of office hours call the University Crisis Support Line on 1300 653 007 or
for chat sms 0488 884 165.

For immediate support contact Lifeline 24/7 on 13 14 11 or https://www.lifeline.org.au/

This course outline was approved by the Head of School. No alteration of this course outline is permitted without Head of School
approval. If a change is approved, students will be notified and an amended course outline will be provided in the same manner as
the original.
© 2022 The University of Newcastle, Australia

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