LAWS1011: Bendall Early Learning Centre Pty Ltd v Newcastle City Council - Law Assignment Help

Assignment Task:

Learning Objective (LAWS1011 and LAWS6001)

The objective of this moot is to assess the student’s oral communication skills. The moot assesses the student’s ability to present oral argument in Court; the emphasis is on the student’s ability to observe Court etiquette and procedure. Students are expected to become familiar with the case set, and to develop submissions relevant to the facts and directions of the judgment.

The Moot Problem

Attached to this instruction sheet are the following documents:

1. The decision of the Moot Supreme Court of New South Wales in Bendall Early Learning Centre Pty Ltd v Newcastle City Council [2020] NSWMSC 1;
2. The Notices of Appeal in respect of that decision;
3. The list of cases that you must consider in preparing your submissions in this exercise;
4. A copy of the Assessment Guide that will be used;
5. Information on moot procedure;
6. A template for your Written Submissions.

Limits of Argument

In preparation of their oral argument, Counsel are to limit themselves to the law identified in the list of cases provided as Attachment 3 to these instructions. Please take note of whether you act for the Appellant or the Respondent in this matter (see the moot schedule). Within the team one student will act as Senior Counsel and the other, Junior Counsel. This is only relevant insofar as it will determine the particular appeal points each student should address in their written and oral submissions.

Senior Counsel will make submissions on the first appeal point:

1. Asher J of the NSW Moot Supreme Court erred in law in finding that Newcastle City Council did not owe Bendall Early Learning Centre Pty Ltd a duty of care at common law to take reasonable care that works not be constructed or remain in place which would foreseeably cause serious beach erosion and the collapse of the Centre.

Any questions about the administration of the moot should be directed to Sher Campbell

A ‘Mooting List’ will be posted on Blackboard showing the composition of the Bench for each moot. In this instance, the NSW Moot Court of Appeal will be constituted by one Judge. The Judge will be assisted by a Mooting Officer (a member of teaching staff). Moots will either take place in the Mock Courtroom on level 2 of University House, or if necessary take place online in accordance with protocols to be outlined in subsequent advice.

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