Constitutional impediments and commonwealth-state rivalry prevent


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“Constitutional impediments and Commonwealth-State rivalry prevent Australia having effective national, corporate regulation.”

Is this statement an accurate description of the situation in Australia today? Discuss, in the light of recent reforms to the regulatory scheme and problems which may arise in the future.


The assignment may cover all unit objectives, though content will vary with the topic selected. In addition to matters developed in more detail below the marker will examine whether you have:

1. identified and clearly stated the relevant issues;

2. applied relevant legal principles to the resolution of these issues;

3. critically analysed deficiencies in the law and recommended appropriate changes to the law;

4. integrated and evaluated relevant knowledge from both the material covered in this unit and your own independent research;

5. developed and sustained a concise and convincing legal argument through to a logical conclusion;

6. correctly referenced and acknowledged sources;

7. fluent, clear, concise writing, not containing poor expression, grammar or spelling; and

8. answered the specific question asked.

It is most important that your assignment address the issues raised in your chosen topic. Think about the topic and make sure you understand what the topic is about before you proceed. Marks cannot be awarded for irrelevant material, no matter how good that material is. The assignment should contain:

1. an introduction, clearly setting out the broad direction of the assignment, its objectives, any parameters of the assignment, and perhaps a summary of the arguments;

2. presentation of argument, review of literature and compilation of evidence relevant to the topic;

3. conclusion, clearly summarising the arguments or findings;

4. a reference list, setting out all the books, articles and other sources you have referred to in the course of writing the assignment. You need not have necessarily read each reference from start to finish, but you should have at least looked up each reference;

5. accurate citation of your sources of information. Your written material must be presented in accordance with the most recent Australian Guide to Legal Citation (AGLC) adopted by this School (you can download a copy of the AGLC from <>).


Students should note the following:

 Many people are not familiar with the requirements of assignments. Basically they are like any other piece of good writing. They must have a beginning, a middle and an end. They must be organised so that one point leads to another in a logical sequence. Headings and subheadings are usually of assistance to the reader, who should be easily able to ascertain the logic of your arguments. You should look at the articles you read in the course of your research as a model for style and organisation.

 Statements of fact must be supported by referencing in the proper form. Also arguments and ideas you are adopting or disagree with must be properly referenced. This is one of the most important aspects of your assignment, and severe penalties will be imposed if you do not reference. Be aware of the University’s and Law School’s rules on plagiarism. You should avoid overreliance on only a small number of sources. You are expected to have read widely on the chosen topic.

 You are expected to employ your critical and analytical skills in this assignment. Avoid mere description or regurgitation and do not quote excessively. Generally speaking, no more than 10% of the assignment should be direct quotes or substantive copying of other people’s work. Both your observations and your use of other people’s writing should reflect this critical/analytical dimension. In sum, your intellectual input should be clearly discernible in the assignment.

 You are not marked for your political or social views or opinions, but rather for your ability to present coherent, rational and logical arguments, properly supported by authority.

 You are also marked for your ability to express yourself clearly, logically and succinctly. Poor expression, grammar and spelling will detract from your overall mark.


 Many students do not also realise that the more drafts of the assignment that are written, the better standard the final product will normally be. You should aim to find the time to complete at least two, if not three, drafts prior to handing the assignment in. This will be especially important in ensuring that the word limit is not exceeded.


Marking criteria

Important information: You are advised to consider the following information carefully before starting your assignment.

The assignment will be marked according to the following criteria.

Research (40%) You are expected to demonstrate a comprehensive review of the primary law sources (legislation, case law) as well as an adequate review of secondary sources (for example textbooks, journal articles, case commentary, explanatory memoranda, Law Reform Commission reports). Your research should be used to identify and clearly state the relevant issues and legal principles and support your analysis.

Analysis (50%) You are expected to analyse the information gathered and evaluate the relevant legal principles. You are expected to develop your argument logically through clear analysis and apply relevant legal principles to the resolution of issue(s). Your analysis should also:

 integrate and evaluate relevant knowledge from the material covered in this unit;

 develop and sustain a concise and convincing legal argument through to a logical conclusion; and

 importantly, answer the specific question asked.


Technical aspects (10%) You are expected to:

 correctly reference and acknowledge sources;

 use fluent, clear, concise writing that contains clear expression, correct grammar, syntax, sentence structure and spelling; and

 use headings and subheadings (where appropriate), an introduction, conclusion and bibliography or reference section.

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