Civil Procedure and Arbitration

Assignment: Research Report
200813: Civil Procedure and Arbitration
Spring Semester 2020

Date Due
11.59pm, 10th September 2020
Word Count 1,500 words (excluding footnotes)
Weighting 30%

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Maverick is a 68-year-old man who has dementia. He is now suffering from postsurgical complications (bleeding, infections) following an experimental stem cell procedure which, it was claimed, might improve his quality of life by reducing his symptoms. The medical procedure, which involved the injection of stem cells (derived from his own fat tissue) into his body, was performed by Dr Jones at a private clinic (StemGenMed) located in Surry Hills, Sydney. The consent form was for a medical procedure, not a study. Several other patients have suffered various types of adverse medical events after receiving experimental stem cell therapy at StemGenMed. In this scenario, critically analyse taking a class action against StemGenMed.

Please note the following:
• Read the instructions in the Learning Guide and the criteria and standards (below) carefully before you start this assignment.
• Your response must take the form of an essay.
• Ensure that you consider all parts to this assignment.
• As a research assignment, it is expected that your research will include materials beyond the prescribed reading and seminar materials.
• Do not exceed the word limit. While footnotes are not included in the word limit, you should not include in the footnotes material which ought to be in the body of the report.
• Your report must contain a bibliography.
• Please submit your research report on Turnitin.
• Ensure that you include proper citations. Your method of citation does affect your marks.
• Avoid long quotes in your report.

Marking criteria and standards
This task assesses student performance of the following learning outcomes: Students will:
1. Analyse the legal principles and processes of Australian civil litigation, with a particular focus on the law in New South Wales, to resolve legal problems.
4. Create a legal document relevant to civil procedure suited to audience and context.

Fail  Fails to identify the key legal issues in the area. Fails to refer to the correct legal principles.
 Fails to develop any argument.
 Fails to adopt legal research strategies or minimal research strategies.
 Poor written English style. Many spelling and grammar mistakes.
 No references or poor citation.
Pass  Refers to the legal principles with some errors or provides a limited summary of the law.
 Structure and plan of assignment apparent but development is inconsistent.
 Demonstrates limited use of relevant reliable research sources to support argument.
 Written style is generally correct. Acceptable presentation with some mistakes in spelling or grammar.
 Some references correct and some references incorrect.
Credit  Refers to the correct legal principles and indicates an accurate knowledge of the law in more detail.
 Assignment follows logical sequence with only a few inconsistencies.
 Some evidence of use of relevant reliable research sources to support argument.
 Written style is clear with only a few spelling or grammatical mistakes.
 References mostly correct.
Distinction  Refers to the correct legal principles and provides a comprehensive knowledge of the law.
 Assignment follows logical sequence.
 Excellent evidence of use of relevant reliable research sources to support argument.
 Written style clear and effective. Good use of grammar and punctuation with very few spelling or grammatical mistakes.
 Nearly all sources referenced correctly.
High distinction  Refers to the correct legal principles and provides an in-depth knowledge of the law.
 Assignment follows clear logical sequence.
 Extensive use of relevant reliable research sources to support argument.
 Original insights, outstanding discussions, critical evaluation and synthesis.
 Professional presentation throughout and no spelling or grammatical mistakes.
 All sources referenced correctly.



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