This assessment is Law in Queensland Australia Also I provide Resource Assessment instructions: 4.1 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 – an application to depart from an administrative assessment under section 116 of the Child Support (Assessment) Act 1989 (see below) or if the CSA has decided it is too complex to be determined by the CSA – an application for child support to be paid in a form other than periodic amounts (or an application to discharge, suspend, revive or vary a previous court order about child support) – an application to discharge, suspend, revive or vary a child support agreement; or if consent was obtained by fraud or undue influence, an application to set aside a child support agreement – an urgent application for the payment of child support – an application for a stay order, which is a temporary order that suspends or reduces the payment of child support until a final order is made. – an application to recover a child support debt by the Child Support Registrar or payee – an application by the Child Support Registrar to set aside a transaction (or restrain a person from entering into a transaction) to reduce or defeat a maintenance liability. Section 116 of the Child Support Act explains the process about applying for an order from the Court about child support. How to Start a Case To start a case, a person (the applicant) must file an application form with the Court as well as: (a) an affidavit setting out the facts and circumstances relied on and the grounds of the application, attaching: (i) a copy of any assessment made by the Child Support Registrar relevant to the application (ii) a copy of any decision made by the Child Support Registrar or SSAT relevant to the application and statement of reasons for that decision, and (iii) a copy of any orders relevant to the application. (b) a completed financial statement setting out all your income and expenses, and property you own. If your case is about a private child support agreement then you must file a copy of this too. Time limits If you are applying for a declaration that you are or are not the father of a child then you have to file this application within 56 days of the Child Support Registrar’s decision, but the Court can give you more time. Service Service is the process of sending or giving court documents to a party after they have been filed with the Court. The applicant must arrange to serve the other party, any other parent or carer of the child who the application for child support is about and the Child Support Registrar with the court documents. Usally the application must be served at least 28 days before the hearing date. The applicant must serve any further documents on which he or she intends to rely on each party to the proceedings at least 21 days before the hearing date. Responding to an application A respondent to an application must file a response. A response must be filed and served within 14 days of service of the application. The respondent must also file an affidavit stating the facts relied on. Where the application relates to financial matters, the respondent must also file a completed financial statement or affidavit of financial affairs. Legislation Depending on the circumstances of the case, the Court may consider the following Acts and Rules: – Child Support (Assessment) Act 1989 – Child Support (Registration and Collection) Act 1988 – Family Law Act 1975 – Federal Circuit Court Rules 2001 Another useful legal resource is the Child Support Agency ‘Guide’ which is available at www.csa.gov.au. The Guide sets out Child Support Agency’s policy and view of the child support scheme and its administration. Tips on Preparing an Affidavit – from the paper by Federal Magistrate Toni Lucev found in the publications tab of the website for the Federal Circuit Court – www.federalcircuitcourt.gov.au Prepare your evidence 29. Prepare your evidence to prove the elements of your case. That is, what you have to prove or disprove in order to be successful. Chronology and context are important, but you only need to prove or disprove those facts which are relevant to the legal elements of the case. It is law, not history. Remember, that sometimes you can admit all the facts, except a critical fact, and your evidence need only deal with that fact (for example, that the door is not a “door”). 30. Make sure that your evidence is prepared. That is, that the affidavits are filed, or witness statements have been prepared, and, where necessary, witnesses subpoenaed. Make sure that the relevant documents have been discovered, or are in evidence, and make sure that you have looked at them, and read them. Likewise, make sure that you know which documents you intend to tender as exhibits. If at all possible prepare exhibits such as photos and plans to assist the Court to “see” the evidence. If necessary, go on a view, or have brought to court equipment or devices which show how things work or which have recorded what occurred. 31. Importantly, be prepared to meet objections to your evidence, and make objections to the other side’s evidence.
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