LAWS104: Legal Reading, Writing and Research - Fundamental Principles of Statutory Interpretation - Bibliography Assessment Answer

Internal Code: 1AGFIC Code: LAWS104

Law Assessment Answer

Assignment Task: LAWS104 Purpose: To assess your understanding of the fundamental principles of statutory interpretation and your awareness of the requirements of professional legal writing. Section 25 of the One-Off Payments to War Veterans Act 2015 (Cth) provides: A veteran is eligible for a compensation payment of $25,000 if the following conditions are met: a) the veteran is alive on 1 January 2015; b) the veteran was interned by the military forces of an enemy State during the designated war period. Section 3 of the Act provides: Unless inconsistent with the context or subject matter – ‘interned’ means: a) confined in a camp, building, prison, cave or another place; or b) restricted to residing within specified limits. In July 2018 Ray, a veteran, sought a compensation payment. In Greece, on 14 April 1941, the military unit of which he was then a member surrendered to the German military forces. The members of the unit were taken to a designated surrender area, which was in the open countryside near the sea and which lacked any physical barriers. There, they were ordered to remain. Ray stayed there for about two hours, after which he and two other members of the unit walked to a beach, found a boat and left the area by sea. At that time Germany was an enemy State and the incident took place during a ‘designated war period’. The relevant Commonwealth Department denies Ray a compensation payment on the basis that Ray had not been ‘interned’ within the meaning of the 2015 Act. Ray seeks your advice on whether he can successfully challenge the Commonwealth’s decision. Advise Ray, using the IRAC method to organise your answer. Articulation of material facts - Highly accurate, precise and concise identification of the facts material to the question. Example: Facts are concisely expressed. Accurately identifies the legal issue(s) to be decided • Completely, accurately and succinctly identifies the legal issue or issues to be decided • Example: using appropriate terminology and identifying any relevant ambiguity or complexity in the law or facts that have resulted in the appeal. Development of coherent and persuasive argument(s), including by applying relevant legal rules and principles. • Sophisticated, insightful and accurate use of interpretive techniques to resolve the question. • Example: Coherent flow of argument (integrates counter-arguments in a sophisticated way) following structure set out in the introduction. Style and expression • Exceptional skills in oral or written communication, with logical and clear scaffolding of arguments Legal research • Evidence of very thorough research and reading, relevant academic and legal sources selected discriminately, literature used relevant to the topic, current and from credible scholarly sources Observes academic/legal style and citation conventions and relevant citation rules, specifically AGLC4 r 3.1, 3.5• Excellent and thorough observation of academic and legal style and citation conventions. • Example: use of prescribed document structure, correctly applies citation conventions, appropriately uses pinpoint references and uses very well-structured sentences.

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