LLW1003 Legal Writing and Drafting : Statutory Interpretation


Relationship to other tasks and assessments
You will be able to use the feedback from Assignment 1 and Assignment 2 to complete this assessment. Also a number of in class activities will assist you completing this assignment. 
Purpose of this assignment and ULOs assessed
The purpose of this assignment is to:
1.Develop your writing skills using the principles of plain English. 
2.Enhance your ability to adapt and use legal precents to prepare legal documents
3.Prepare you for legal practice
The unit learning outcomes assessed are: 
1.Scrutinise complex legal problems; conduct research and draft legal documents in plain English language (LO 1)
2.Interpret and apply different types of legal writing and drafting techniques and conventions (LO 2)
3.Locate, analyse, adapt and use relevant legal precedents for effective legal drafting (LO 3)
4.Employ analytical, cognitive, and written communication skills in producing context-specific legal documents, in contemporary Australian legal contexts (LO 4)
5.Utilise a variety of approaches to interpreting legal documents (“statutory interpretation”) and understand how such approaches may inform the process of drafting legal documents in appropriate contexts (LO 5)
Task – Drafting an Affidavit in support of a Court Application
You are a Senior Associate in the law practice of ABC Legal.  You act for Nicola Hurst who is 45 years of age and an Aged Care Worker.
On 20 October 2021, Nicola was told that his car (white 2020 Toyota Corolla) was an irreparable write off by a car repairer.
This was a result of a car accident she had with Natasha Reed on 6 October 2021. Natasha was on her way home from her parent’s house when her car swerved into the oncoming traffic. It collided with Nicola’s car. Both cars were damaged severely. The police report shows that Natasha was doing a speed of 60km in a 50km zone and was at fault. 
Thankfully Nicola did not sustain life threatening injuries, however she was taken to hospital for the treatment of injuries. 
Natasha and Nicola did not have any car insurance. 
After the accident both parties wanted to avoid the expense of engaging lawyers. They spoke on the phone after the accident and reached an agreement that Natasha would pay Nicola enough money to replace her car. The parties did not formalise this agreement as they did not want to pay legal fees.
Natasha paid Nicola $8,000 on 25 October 2021 by direct debit into her account and provided her with a copy of the receipt (Please see below). Natasha told Nicola she would continue to pay her in instalments of $8,000 on a fortnightly basis. Nicola instructs she did not receive any further payments and wants to issue proceedings to recover the monies. 
Nicola wants to now recover the full amount of $32,000 plus legal fees. You advise the client you will seek to recover $10,000 in legal fees. 
Approximately 2 weeks ago Kurt Taylor (Natasha’s best friend’s dad) told Nicola that Natasha said “I’m not going to pay that lady any more money.” 
Nicola is upset and believes Natasha will not pay her any more money. It is now 22 November 2021 and she wants to issue proceedings to recover the monies he is owed. 
Assume you have prepared a Complaint (Statement of Claim) to be filed in the Magistrates Court to recover the outstanding money. Now you need to prepare an Affidavit to support this Application.
Part A: Prepare an affidavit
As the Senior Associate in the law practice of ABC Legal acting for Nicola Hurst, draft an affidavit on his behalf to swear as deponent in support of a Complaint.  (You may make up minor details as long as they are consistent with the facts. You do not need to draft the Complaint)
Your affidavit must
Address the requirements of the scenario in a coherent way:
An affidavit on behalf of Nicola Hurst
Your affidavit has an exhibit (direct debit receipt)
Be presented in a format of an affidavit 
Utilise the correct form (eg. each court has its own template. Use the template relevant to the court which these proceedings have been filed.) 
Observe any rule of the Court on affidavits and rule of evidence that may be applicable 
Be well researched drawing on appropriate sources to inform the drafting process and supported by a  bibliography (use footnotes is not necessary) of the sources you drew on
Writing/Legal Literacy
Apply principles of plain English
Observe the key writing principles – Simplicity, Clarity, Legal Certainty
Part B : Reflection on Legal Writing and Drafting Legal documents 
Prepare a short reflection (500-750 words) incorporating your own journal entries, and feedback from other students (Note: You prepared this during your weekly reflective learning activities in Weeks 1, 2 and 3 using the feedback fruits tool on VU Collaborate). Your critical reflection must address the following:
A reflection on your learning experience through participation in the Legal Drafting Experience (with Relationship Australia Victoria).  Tip: Consider the positive aspects of the experience and overall what you learnt 
A comparison and reflection between the experience of participating in the Legal Drafting Experience and the unit content and other outside experiences Tip:  how it improved your learning, how it connects to your studies (what you are currently learning about in this unit and will learn about in subsequent units), how does it connect to your career objectives, how does this experience build on your existing knowledge/experience? (eg previous learning, workplace experiences etc
A reflection upon the unit Legal Drafting addressing:
a.the most challenging aspects of drafting legal documents in Plain English, 
b.important considerations a drafter should consider when drafting legal documents (use Settlement Agreements or Affidavits as an example)
c.what have you learnt about drafting affidavits (include the challenges of the drafting process and discussion about the approaches that inform the drafting process.)
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