12 May BRIEFLY EXPLAINS TO THE PARALEGAL WHAT IS MEANT BY ‘PLAGIARISM’
Refer to the instructions given to you by Warren Warrior to prepare a fact sheet regarding mediation and your research plan, and read the Policies in the firm manual for the Mount Gravatt Law Centre contained in the Resources Annexure. Prepare a first draft of the fact sheet in accordance with the instruction of Warren Warrior and the policies of the MGLC.
4.2
For each of the following types of documents answer whether the appropriate language to use when drafting same would be academic, technical, legal or plain English:
1. An article on international law that is going to be submitted to an international law journal for publication after peer review;
2. A letter of advice to a client explaining legal research that has been done in relation to their case;
3. A memo to other lawyers who are members of the Law Society in your State or Territory about a change to a particular Act and how this might affect practice in that area of law;
4. A report to the managing partners of the law firm where you are employed about marketing and financial statistics and information relevant to the performance of the firm;
4.3
Another paralegal at the Mount Gravatt Law Centre has been asked to assist the supervising solicitor by preparing a draft fact sheet regarding how to make an application to the Federal Circuit Court about child support. The paralegal has given you the first draft to check over before it is submitted to her supervising solicitor.
He tells you that he was not sure how to find out information so he started looking on the website for the Federal Circuit Court of Australia and found a fact sheet in the publications section about making an application regarding child support and “just used that”. The first draft is in the Resources Annexure – read it and the policy of the Mount Gravatt Legal Centre regarding anti-plagiarism and citation.
Your task is to prepare a memo to the paralegal that:
1. Lists all the problems you see with the draft that need to be addressed
2. Briefly explains to the paralegal what is meant by ‘plagiarism’
3. Gives your opinion as to whether the paralegal has plagiarised any secondary legal source when preparing the draft
4. Briefly explains to the paralegal how to develop a research plan
5. Attaches a checklist that you have drafted of the questions the paralegal should ask when looking at his amended draft fact sheet
Resource for assessment
FACT SHEET – CHILD SUPPORT APPLICATIONS IN THE FEDERAL CIRCUIT COURT OF AUSTRALIA
This fact sheet explains what type of child support applications and appeals can be filed in the Federal Circuit Court of Australia (the Court).
Before applying to Court
Usually if a parent is not happy with the decision of the Child Support Agency about child support then they must argue with the Child Support Agency first before being allowed to apply to the Federal Circuit Court about it.
The information about the CsA can be found at www.csa.gov.au.
So, the first step is to object to CSA. If the parent is not happy with the outcome of that objection then they can ask the Social Security Appeals Tribunal (SSAT) for a review of that decision. However, the SSAT can only review some types of decisions by the CSA so you need to go to the SSAT website at www.ssat.gov.au to find out what decisions it can review.
If the SSAT cannot review the CSA decision then you might be able to ask the Court for an order.
Legal advice
You should seek legal advice before deciding what to do. A lawyer can help you understand your legal rights and responsibilities, and explain how the law applies to your case. A lawyer can also help you reach an agreement with the other party without going to court.
You can seek legal advice from the Mount Gravatt Law Centre.
You can also call the Court about what you can do and what forms to lodge, but the Court cannot give you legal advices.
Applications
The Court can hear:
– an application for a declaration that a person is or is not a parent of a child for the purposes of paying or not paying child support
– an application for recovery of child support paid when a person is not liable to pay child support
– an application for leave to depart from an administrative assessment for a period over 18 months but less than seven years ago
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