Highlights
Task:
You are to read the judgments of Kiefel CJ and Bell J, Gageler J and Nettle and Gordon JJ in the case Australian Securities and Investments Commission v Kobelt (2019) 368 ALR 1 and write a critical case note following the headings set out below. (You are encouraged to read the other judgments for context but will not be penalised for not doing so and you are not required to mention them in your case note.)
The task is divided into two parts (Part A and Part B). You must complete both parts. Both parts are of equal weight (15 marks each). They do not necessarily need to be the same length; however, you do need to consider that each part is allocated 15 marks.
PART A
You need to locate and read the most authoritative version of the case cited above. You need to write a case note in response to the following headings:
a) Introduction. This should include identification of the case name and citation, the court and all the judges presiding. Better answers will provide a short summary of the significance or importance of the case.
b) Material Facts: What are the circumstances that gave rise to the dispute? Think about the facts that are relevant to the legal reasoning. You only need to provide enough factual information to explain how the legal issues arose; you do not need to present facts of no relevance to the legal issues. Identify the parties clearly and be consistent with how you refer to them throughout the assignment.
c) Procedural history: Provide an overview of the procedural history of the matter (if any).
d) Legal issues: What is/are the legal issue(s) (or legal questions) that the court has to answer?
e) Legal Reasoning: What did each judge/s that you have been required to read decide and what were the reasons for that decision?
f) Orders: What was the outcome of the case? What orders were made?
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