Relevant Legislation - Relevant Case Law - Report Writing - Law Assignment Help

Assignment Task:

INSTRUCTIONS:

1. Moot will be 10 minutes. 

2. You are to act for the father.

3. You are acting for your client at the interim hearing of the matter.

4. You are required to make submissions to the court in support of the Orders that your client is seeking with respect to where the children should live and how much time they should spend with the other parent. 

5. Those Orders are provided in the material. You must not add any orders and must argue in favour of those Orders. The father is seeking sole parental responsibility. you will not pass the moot if you argue in favour of orders that the father has not sought. 

6. 10 minutes is a limited time frame, do not waste that time making submissions about minor issues such as how much time the children should spend with each parent on their birthday. Use your time to present your argument on what you see are the most important issues.

7. Refer to the:

   1. Orders sought by your client and the Mother.

   2. The affidavit evidence in support of the Order sought (from both affidavits)

   3. The CDC evidence in support of the Order sought

   4. Relevant case law

   5. Relevant legislation

8. WHAT DOES THE FATHER HAVE IN HIS AFFADAVID THAT SUPPORTS THE ORDERS HE IS SEEKING?

9. WHAT DOES THE MOTHER HAVE IN HER AFFADAVID THAT SUPPORTS THE ORDERS THAT THE FATHER IS SEEKING

STRUCTURE OF THE MOOT SPEECH:

Start with this:

May it please the Court, my name is Mourad initial of M, of Council and I appear for the Respondent Sean O’halloran. 

Your Honour, we are here for an interim hearing today and I will now like to talk about my submission in defence of the respondent Sean. Your honour, would you like me to recitate the facts of the case briefly describe the case

For example, “This case raises the issue of whether (frame the issue). Because the appellant in this case (describe relevant/significant facts needed to set up the issue and why you should win), the decision of the district court should be reversed.” (THIS PART LESS THAN A MINUTE but place the important facts)

The material facts before your honour today are the facts of the case in which Sean (RECITE FACTS OF THE CASE HERE)

Then include the below after you briefly describe the case

(Give a run down on two submissions)

The father is seeking sole parental responsibility NOT SHARED RESPONSIBILITY.

Your honour the respondent has two submissions to make in regards to the issues before your honour today. The first submission relates to ……..(write first argument here). The second submission relates to …….. (second argument here). I will be dealing with all two submissions your honour. The duration of my submission will be about 10 minutes.

Firstly, your honour can I proceed with the (WRITE FIRST ARGUMENT HERE AND EXPLAIN add cases to back it up and family law legislation)

Secondly your honour (WRITE SECOND ARGUMENT HERE AND EXPLAIN add cases to back it up and family law legislation)

Please make sure you implement our legislation to back up your argument and case law aswell. 

Legislation to consider:

Family law act such as: Primary Considerations – s60B, s60CC, S60CC(2)(a), S60CC(2)(b), s4AB(3), s4AB(4)(b), s60CC, s61DA14

CASE LIST: need full citations of AGCL

• Goode and Goode [2006] Fam CA 1346 (make sure you use this one)

• (FIND CASES WHERE THEY HAVE GRANTED SOLE PARENTAL RESPONSIBILITY IN AUSTRALIA- FAMILY LAW)

• Find at least 5 different cases that support the arguments. AUSTRALIA

Focus is on parenting and sole parental responsibility. Make sure you read the orders the father is seeking.

NOTES- THINGS I MIGHT BE ASKED IN THE MOOT HEARING:

WHY SOLE PARENTING IN A INTRIM HEARING?

DISCRETION PLAYS A MAJOR ROLE FOR THE RULING OF SOLE PARENTAL RESPONSIBILITY

WHY REBUT THE PRESUMPTION OF EQUAL SHARED RESPONSIBILITY AND GRANT SOLE PARENTAL RESPONSIBILITY

WHAT CASES WOULD PERSUADE THE JUDGE TO GRANT SOLE PARENTAL RESPONSIBILITY THAT’S GOOD FOR AN INTERIM MEASURE

WHATS THE NOTION OF AN INTERIM ORDER?

THE HIGHEST I CAN TAKE IT ON THE EVIDENCE TO THE COURT YOUR HONOUR

READ AFFADAVIT – READ IT IN THE CONTECT OF THE ORDERS HES SEEKING

WHAT DOES HE HAVE IN HIS AFFADAVID THAT SUPPORTS THE ORDERS HE IS SEEKING?

WHAT DOESN’T WORK WITH SHARED RESPONSIBILITY- LOOK AT MOTHERS ORDERS AND SEE WHAT DOESN’T WORK. ARE HER ORDERS BASED IN REALITY? CAN IT BE ACHIEVED. IF THE COURT MADE THE ORDERS WILL IT BE FOLLOWED

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