Topic: Research Methodology in Law
Order Description
LEGAL RESEARCH (CASES)
Instructions:
1. This assignment comprises 8 Questions please answer all Questions.
2. Word limit. The total word limit is 1000 WORDS, including footnotes (if any). Your word tally must be written on the front of your answer.
3. Formatting. All answers should be typed, using 1.5 line spacing, with page margins of no less than 3cm on all sides, in 12-point font. Footnotes (if any) should be in 10-point font.
4. Referencing. Please use Australian Guide to Legal Citation (3rd ed, 2010) AGLC3. And Include a reference for each answer. I want to know from where you obtain the answer or which source you use to answer the question.
5. Planning. Take care to read the questions carefully and answer what is asked.
Please read the following scenario and answer all questions.
Scenario
The Australian Parliament has enacted legislation to promote the safety of government workers and provide a framework for compensating those who have been injured through their employment. However, it can be difficult to determine whether a disease or injury is attributable to employment or to other causes.
Questions:
Question 1: In 2011 a tribunal (ie not a court) considered whether a person in the Australian Defence Force, who suffered from fatigue and dizziness after receiving medical vaccinations, had a compensable ‘injury’ as a result of his employment under the relevant federal legislation. Give the name of the tribunal and the decision with its medium neutral citation.
Question 2: What was the main High Court authority relied on by the tribunal in deciding that the applicant had not suffered an injury within the meaning of the legislation?
Question 3: The tribunal decision referred to in Q1 was appealed. Give the medium neutral citation of the decision on the appeal. Did the court allow or dismiss the appeal, and (briefly) why?
Question 4: The decision referred to in Q3 was subject to a further appeal. Give the medium neutral citation of the decision on the appeal, and two additional citations to the reported decision.
Question 5: The respondent in the case referred to in Q4 applied for special leave to appeal to the High Court of Australia, which was granted. On what date was that application heard, and how many minutes did the High Court take to decide the application?
Question 6: What statute specifies the criteria that the High Court must apply in deciding whether to grant special leave to appeal? What are those criteria?
Question 7: After special leave was granted, the case proceeded to a full hearing. Name the legal counsel who represented the respondent in the full appeal. One justice who granted special leave to appeal did not sit on the appeal. Name the justice.
Question 8: The legislation considered in the above litigation was the subject of an official review. Give a reference for the review. What recommendation did the review make about the circumstances in which an incident (such as a heart attack) that is manifestation of a disease can be compensated?
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