Posted: April 27th, 2015

HOW TO REFERENCE FOR THE MID SEMESTER ASSIGNMENT

HOW TO REFERENCE FOR THE MID SEMESTER ASSIGNMENT

REFERENCING
For the purposes of referencing Assignment for this subject, I require you to adopt the following guide.

A list of all sources should be added to the end of your answer in a bibliography.  This is an alphabetical list of all of the cases, texts, journals articles, internet research, etc, which you have used in preparing your answer to the second assessment.  In your bibliography, you should separate your references under headings – eg. Cases, Texts, Journals, etc.

All sources should be acknowledged throughout the assessment using footnotes. DO NOT PUT REFERENCES IN BRACKETS AT THE END OF SENTENCES.  FOOTNOTES MUST BE USED.

BOOKS:
The author’s name should be followed by the title (in italics – not placed in inverted commas), edition, and the year of publication.

Eg.  Graw, S., An Introduction to the Law of Contract, (2nd Ed, 1993)

Lane, P.H., Lane’s Commentary on the Australian Constitution, (2nd Rd, 1997)

ARTICLES:
The author’s name should be followed by the title (in inverted commas), then the year of publication, volume number, followed by the name of the periodical (underlined or in italics, not in inverted commas), where it appeared and the page number on which the article begins.

Eg.  Burmester, Henry, ‘The Australian States and Participation in the Foreign Policy Process’ (1978) 9 Federal Law Review 257

(1978) is the year of the Journal; 9 is the volume; 257 is the page on which the article begins.  Usually Journals will indicate the proper manner of citation. This is an example.
OR

CASES:
The name of the case should be in italics.  Note that both square [ ] and round ( ) brackets are used, and you should check that you are using the correct type of bracketing.  The square brackets are used for the volume of the reporter in which the case can be found, and the round brackets for the year of the publication.  A volume number will come immediately after the year.

Eg.    Dietrich v. The Queen  (1992) 177 CLR 292

When referring to a case a number of times, you may shorten the title.  Use the full title the first time, and thereafter it may be shortened
Eg.  Dietrich

INTERNET
If researching for the assignment on the Internet, make sure that you are using a credible site. (eg, government departments, legal search engines such as Austlii etc..)

You may reference material (for example, a case) found on the internet in the following manner:

Eg. Australian Electoral Commission v Johnston [2014] HCA 5 at 18, Cited at: http://www.austlii.edu.au/au/cases/cth/HCA/2014/5.html  (visited on 14/3/14)

FOOTNOTES:
References should be contained in the footnotes of your assignment.
So, if you were referring to one of the above sources it would be done as follows:

As stated in Graw …….

OR  One school of thought is that judges should be subject to specific performance criteria…

OR   The Legal Aid crisis has been brought to a head in the criminal jurisdiction by the judgment in Dietrich v. The Queen

Neither footnotes nor your bibliography is included in the word limit.

WHEN TO ACKNOWLEDGE SOURCES:
Direct quotation and paraphrasing from another source should always be acknowledged.  Give a reference either to the relevant page or pages or, occasionally, to a whole article or chapter if all of it deals with the matter you’ve discussed.

You should acknowledge your source when using someone else’s original idea or their words.  You do not need to acknowledge well-known facts.  Eg.  “Australian government is subject to the doctrine of separation of powers at Commonwealth level.”

This is a well-known fact, and you don’t need to acknowledge your source, even if you did read it in a book.  However, if you are using an author’s opinion or theory about a certain matter, then it must be acknowledged.

Eg. “The doctrine of separation of powers is fast becoming a matter of fiction in the Australian context.”

In a nutshell, when do I reference?
1.    When you are using the exact words of an author.  Do not quote things that are well known facts or expressed in an uninteresting way!  (eg ‘Australia is a federation’ is a plain fact – you would not quote it.

2.    You should reference the original ideas / opinions of an author, even if you express them in your own words. So, if an author expressed an opinion that a federal system was unsuited to Australia in the 21st century, this would be an opinion and should be referenced, even if you don’t quote their exact expression of that idea.

1.    The recommended word length is 1,500 words. Assignments must appropriate the recommended number of words. Marks will be deducted if this word range is materially exceeded or not reached.

2.    If any material is relied upon as authority for a proposition put, such material must be cited by way of a footnote or otherwise. General Bibliographical References are not adequate to comply with the above. Footnotes and your bibliography do not count as part of the word count for the assignment.

3.    All works consulted in relation to the assignment should be cited in an alphabetical list at the end of the assignment.(Bibliography)

4.    It is expected that student will use/consider sources other than the prescribed text to complete this assignment.

Assignments will be marked on the following criteria:

(a)    Knowledge and research of the assignment topic;
(b)    Identification, explanation and analysis of the relevant law and the legal issues surrounding the relevant law;
(c)    Conclusions reached and whether they follow logically from the argument put;
(d)    Conciseness of presentation, spelling and clarity of expression;
(e)    Whether the student has followed the “How Do I Reference for the mid semester assignment” document posted on Blackboard;
(f)    Whether and to what degree the student has addressed and answered the question posed;
(f)    Grammar & punctuation; and
(g)    The degree of independent thought and argument exhibited by the student.

Assignment Question

Estoppel effectively ‘does away’ with the need to have consideration present in a contract.

Critically evaluate and discuss the above comment and the development of the law of estoppel more generally in the context of the Australian legal system.

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