Overview
Lawyers engage in legal drafting on a daily basis and effective written communication skills are essential for legal practice. The unit focuses on the foundational principles for drafting legal documents to prepare you for the significant and diverse range of tasks you may face as a legal practitioner. This unit aims to enhance your legal drafting skills by providing you with an authentic practical learning experience. You will complete a variety of practical drafting tasks that newly qualified lawyers are likely to undertake in practice, such as drafting pleadings, affidavits, contracts and letters of advice.
Details
Pre-requisites or Co-requisites
Pre-requisite of 36 credit points of law units.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 2 - 2024
Attendance Requirements
All on-campus students are expected to attend scheduled classes - in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of 'pass' in order to pass the unit. If any 'pass/fail' tasks are shown in the table above they must also be completed successfully ('pass' grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the 'assessment task' section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University's Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure - Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure - International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback - Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Reflection by the unit coordinator.
The unit includes a week focused on digital drafting, including the practical and ethical implications of using generative AI in legal drafting. As generative AI is advancing all the time, further content should be directed towards this topic.
Expand discussion of the ethical implications of lawyers using generative AI when drafting legal documents and encourage students to investigate the quality of legal documents generative AI produces.
Feedback from Student feedback and reflection by the unit coordinator
Students benefited from extensive feedback on the two different drafting tasks in the mid-term written assessment, but there was only a short amount of time between completing the content relevant to the second task and the due date.
Review the timing of the mid-term written assessment.
- Communicate effectively in writing, including the appropriate usage of grammar, syntax and punctuation.
- Apply principles of plain English drafting, principles of interpretation, and drafting conventions to create legal documents that comply with the client’s instructions and the objectives of the document.
- Reflect critically on written work and provide comprehensive feedback to others through a peer review process.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 1 - Online Quiz(zes) - 25% | |||
| 2 - Written Assessment - 50% | |||
| 3 - Portfolio - 25% | |||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 1 - Communication | |||
| 2 - Problem Solving | |||
| 3 - Critical Thinking | |||
| 4 - Information Literacy | |||
| 5 - Team Work | |||
| 6 - Information Technology Competence | |||
| 7 - Cross Cultural Competence | |||
| 8 - Ethical practice | |||
| 9 - Social Innovation | |||
| 10 - Aboriginal and Torres Strait Islander Cultures | |||
Textbooks
Effective Legal Writing: A Practical Guide
Edition: 3rd (2021)
Authors: Nichola Corbett-Jarvis and Brendan Grigg
LexisNexis Butterworths
NSW , Australia
ISBN: 9780409351484
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Microsoft Teams
- Zoom (both microphone and webcam capability)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
n.corbett-jarvis@cqu.edu.au
Module/Topic
Introduction to Legal Drafting.
Chapter
Nichola Corbett-Jarvis and Brendan Grigg, Effective Legal Writing: A Practical Guide (LexisNexis Butterworths, 3rd ed, 2021), Chapter 3 and sections 6.193 - 6.221.
Reference reading: Stephen Hunt, 'Plain English versus Legalese' (1995) 3 Waikato Law Review 163.
Events and Submissions/Topic
Weekly online Zoom workshop.
Module/Topic
Grammar Matters: Part 1.
Chapter
Nichola Corbett-Jarvis and Brendan Grigg, Effective Legal Writing: A Practical Guide (LexisNexis Butterworths, 3rd ed, 2021), sections 2 - 2.68.
Office of Parliamentary Counsel, Plain English Manual (1993), pages 13 – 34 (available at https://www.opc.gov.au/drafting-resources/plain-language).
Events and Submissions/Topic
Weekly online Zoom workshop.
Module/Topic
Grammar Matters: Part 2.
Chapter
Nichola Corbett-Jarvis and Brendan Grigg, Effective Legal Writing: A Practical Guide (LexisNexis Butterworths, 3rd ed, 2021), sections 2.69 - 2.94.
Newspaper article: ‘The commas that cost companies millions’, Worklife, available at: <https://www.bbc.com/worklife/article/20180723-the-commas-that-cost-companies-millions>
Newspaper article: ‘Missing apostrophe in Facebook post lands NSW real estate agent in hot water’, The Guardian, available at: <https://www.theguardian.com/law/2021/oct/10/missing-apostrophe-in-facebook-post-lands-nsw-real-estate-agent-in-legal-hot-water>
Events and Submissions/Topic
Weekly online Zoom workshop.
Module/Topic
Correspondence.
Chapter
Nichola Corbett-Jarvis and Brendan Grigg, Effective Legal Writing: A Practical Guide (LexisNexis Butterworths, 3rd ed, 2021), 6 - 6.92.
Queensland Law Society, Courtesy in Communication (Guidance Statement No 31). Available at: <https://www.qls.com.au/Guidance-Statements/No-31-Courtesy-in-communications>
Events and Submissions/Topic
Weekly online Zoom workshop.
Module/Topic
Outlines of Argument.
Chapter
Nichola Corbett-Jarvis and Brendan Grigg, Effective Legal Writing: A Practical Guide (LexisNexis Butterworths, 3rd ed, 2021), 6.114 - 6.148.
The Honourable Justice K M Hayne, ‘Written Advocacy’ (Speech delivered at the Legal Education Program of the Victorian Bar, 5 and 26 March 2007). Available at: https://www.hcourt.gov.au/assets/publications/speeches/current-justices/haynej/haynej_05mar07.pdf
Events and Submissions/Topic
Weekly online Zoom workshop.
Legal Drafting Quiz Due: Week 5 Monday (5 Aug 2024) 6:00 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
No Zoom workshop this week.
Module/Topic
Drafting Pleadings
Chapter
The Honourable Justice James Henry, 'The Affidavit as a Tool of Persuasion: Drafting an Effective Affidavit and Using an Affidavit Effectively' (Paper delivered at the Cairns Judiciary CPD Series, Cairns) [2015] Queensland Judicial Scholarship 40.
Uniform Civil Procedure Rules 1999 (Qld), Chapter 6.
Events and Submissions/Topic
Weekly online Zoom workshop.
Module/Topic
Affidavits.
Chapter
How to Prepare an Affidavit: Part 1, available at: https://www.qls.com.au/Membership/The-Hub/Legal-Tips-Guides/How-to-prepare-an-affidavit-part-1
How to Prepare an Affidavit: Part 2, available at: https://www.qls.com.au/Membership/The-Hub/Legal-Tips-Guides/How-to-prepare-an-affidavit-part-2
How to Prepare an Affidavit, Part 3, available at: https://www.qls.com.au/Membership/The-Hub/Legal-Tips-Guides/How-to-prepare-an-affidavit-part-3
The Honourable Justice James Henry, ‘The Affidavit as a Tool of Persuasion: Drafting and Effective Affidavit and Using an Affidavit Effectively’ (Paper delivered at the Cairns Judiciary CPD Series, Cairns) [2015] Queensland Judicial Scholarship 40 (available on AustLii)
Reference reading: Federal Circuit and Family Court of Australia – Preparing an Affidavit – available at: https://www.fcfcoa.gov.au/sites/default/files/2021-12/Preparing_an_affidavit_WEB_0921V2.pdf
Events and Submissions/Topic
Weekly online Zoom workshop.
Module/Topic
Drafting Contracts.
Chapter
Mark Cohen, ‘How to Draft a Bad Contract’ (2016-2017) 17 Scribes Journal of Legal Writing 79.
Events and Submissions/Topic
Weekly online Zoom workshop.
Practical Drafting Task Due: Week 8 Friday (6 Sept 2024) 6:00 pm AEST
Module/Topic
Wills.
Chapter
Thomas Word 'A Brief for Plain English in Wills and Trusts' (1980) 14(3) University of Richmond Law Review 471.
Events and Submissions/Topic
Weekly online Zoom workshop.
Module/Topic
Drafting for the Digital Reader.
Chapter
Nichola Corbett-Jarvis and Brendan Grigg, Effective Legal Writing: A Practical Guide (LexisNexis Butterworths, 3rd ed, 2021), Chapter 7.
Caroline Hill, 'Allen & Overy breaks the internet (and new ground) with co-pilot Harvey', Legal IT Insider (16 February 2023). Available at: <https://legaltechnology.com/2023/02/16/allen-overy-breaks-the-internet-and-new-ground-with-co-pilot-harvey/>
Camilla Baasch Andersen, ‘Comic Contracts and Other Ways to Make the Law Understandable’, The Conversation (19 January 2018). Available at: <https://theconversation.com/comic-contracts-and-other-ways-to-make-the-law-understandable-90313>
Tapani Rinta-Kahila, 'What happens when we outsource boring but important work to AI? Research shows we forget how to do it ourselves', The Conversation (26 February 2024). Available at: <https://theconversation.com/what-happens-when-we-outsource-boring-but-important-work-to-ai-research-shows-we-forget-how-to-do-it-ourselves-223981>
Reference reading:
AIJA, AI Decision-making and the Courts: A Guide for Judges, Tribunal Members and Court Administrators (Revised 2023), <https://aija.org.au/wp-content/uploads/2023/12/AIJA_AI-DecisionMakingReport_2023update.pdf>
Events and Submissions/Topic
Weekly online Zoom workshop.
Module/Topic
Reflective Practice.
Chapter
Nichola Corbett-Jarvis and Brendan Grigg, Effective Legal Writing: A Practical Guide (LexisNexis Butterworths, 3rd ed, 2021), sections 5.165 - 5.183.
Events and Submissions/Topic
Weekly online Zoom workshop.
Module/Topic
Writing Week.
Chapter
No reading this week.
Events and Submissions/Topic
Weekly online Zoom workshop.
Drafting Portfolio Due: Week 12 Friday (4 Oct 2024) 6:00 pm AEST
1 Online Quiz(zes)
This Quiz will focus on foundational drafting principles, grammar, punctuation and the principles of plain English drafting, which are covered in Modules 1– 3. Students will have a maximum of 60 minutes to complete the Quiz. The Quiz will include both multiple choice and short answer questions.
- The Quiz will be made available at 10:00 am on Friday 2 August 2024 (week 4, Qld time).
- You must complete the test by submitting your answers to all questions online. You have one attempt to complete and submit your answers. You must therefore submit your answers online in one sitting (you cannot save your answers and return to them or amend them at a later date).
- You will have 60 minutes to submit your answers online once you commence the Quiz.
- You must complete your submission online by 6:00 pm on Monday 5 August 2024 (week 5, Qld time). Note that answers must be submitted by this time.
- Open attempts will be submitted automatically when the time limit (60 minutes) expires and/or when the due date/time is reached (6:00 pm on Monday 5 August 2024).
1
Other
Week 5 Monday (5 Aug 2024) 6:00 pm AEST
You will have 60 minutes to submit your answers online once you commence the Quiz. Open attempts will be submitted automatically when the time limit (60 minutes) expires and also when the deadline is reached.
The quiz is graded automatically, but quiz results will be released once all students have submitted the quiz.
Most of the Quiz questions are multiple choice. The short answer questions will address the following criteria:
- Your ability to evaluate issues affecting the drafting of documents and redraft any provisions requiring amendment;
- Your ability to identify issues regarding plain English drafting and drafting conventions and correct those issues;
- Your ability to identify and correct grammatical and punctuation issues; and
- Your ability to communicate effectively in writing.
- Communicate effectively in writing, including the appropriate usage of grammar, syntax and punctuation.
- Apply principles of plain English drafting, principles of interpretation, and drafting conventions to create legal documents that comply with the client’s instructions and the objectives of the document.
2 Written Assessment
This authentic drafting task requires students to draft two legal documents that a trainee or newly qualified lawyer would be expected to complete in legal practice. You must also reflect on the drafting process and the documents you produced.
Further instructions and the criteria rubric are under the 'Assessment tile' in Moodle.
Week 8 Friday (6 Sept 2024) 6:00 pm AEST
Students must submit both drafting tasks as one Word document.
Estimated return time is 2 weeks.
This Practical Drafting Task assesses your ability to:
- create legal documents in accordance with the purpose, context, needs of the reader and your client's instructions;
- apply the principles of plain English drafting and drafting conventions;
- present persuasive arguments in a logical manner;
- present relevant factual information in a concise and professional manner;
- present a document and its content in accordance with the applicable procedure rules and practice directions;
- communicate effectively in writing; and
- reflect on the drafting process and the documents you produced.
The criteria rubric for this assessment is available in Moodle under the 'Assessment' tile.
- Communicate effectively in writing, including the appropriate usage of grammar, syntax and punctuation.
- Apply principles of plain English drafting, principles of interpretation, and drafting conventions to create legal documents that comply with the client’s instructions and the objectives of the document.
- Reflect critically on written work and provide comprehensive feedback to others through a peer review process.
3 Portfolio
The Drafting Portfolio consists of authentic drafting exercises of the kind you would be expected to undertake as a trainee or newly qualified lawyer. As part of the portfolio, students must also engage in peer review tasks and reflect on their drafting. Instructions regarding the content to be included in your Drafting Portfolio will be set out in red in the workshop activities/ questions in the weekly study guides.
Further instructions and the criteria rubric are under the 'Assessment tile' in Moodle.
Week 12 Friday (4 Oct 2024) 6:00 pm AEST
Students must submit their portfolio as a Word document.
Results may be withheld until certification of grades.
The Drafting Portfolio assesses your ability to:
- evaluate drafting issues in a legal document and redraft any provisions requiring amendment;
- create or amend legal documents in accordance with the purpose, context, needs of the reader and your client's instructions;
- apply the principles of plain English drafting, drafting conventions, and relevant procedural rules and practice directions;
- communicate effectively in writing;
- provide comprehensive and constructive feedback to a peer; and
- critically reflect on the documents you produced and the progression of your drafting skills across the term.
The criteria rubric for this assessment is available in Moodle under the 'Assessment' tile.
- Communicate effectively in writing, including the appropriate usage of grammar, syntax and punctuation.
- Apply principles of plain English drafting, principles of interpretation, and drafting conventions to create legal documents that comply with the client’s instructions and the objectives of the document.
- Reflect critically on written work and provide comprehensive feedback to others through a peer review process.
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
