Describe two incidents in The Castle where you think the principles of the Rule of law are not being upheld and/or are under threat of being compromised and explain which principles they are and why you chose them.

Assessment 4 The Castle Explanatory Notes General information A knowledge of Australian suburban life and humour provides a framework for the story but is not essential to understanding the film. Instead, the legal information you have learned this semester needs to be applied to construct meaning and understand the film. Please note the characters and all the events are entirely fictional, including the news presentation. Characters The Kerrigans: Dale (Narrator) Darryl, Sal, Steve, Tracey and Wayne Others: Dennis Denuto, Lawrence Hammill, Federal Court Judge, Farouk, Jack, Ron Graham, Jack, Evonne, John Clifton, Chairman, Council Officer, Sergeant Kennedy, Heavy at the door, Barlow Representatives, High Court Judges, High Court lawyers. Some terms explained: Trading Post = Gumtree or Facebook marketplace. Municipal Offices = Local Council Referencing Some answers may require footnoting of sources and a Bibliography needs to be included. Footnoting and Bibliography do not form part of the word count. Word Count Answers 1 – 12 – Students are required to divide up the word count appropriately. Some of the answers only require a case citation, while others may require a 50 to 70 word response. Please be guided by mark allocation and a lot of common sense! Longer Answers 13-15. It is expected that due to each of the following answers being worth 4 marks that the responses for each one is at least 200 words. They should be written as paragraphs, complete with footnoting where relevant. EP EPHUMA147 Law in Australia Assessment 4 Explanatory Notes • 2 Open Foundation 1. Describe two incidents in The Castle where you think the principles of the Rule of law are not being upheld and/or are under threat of being compromised and explain which principles they are and why you chose them. 2 marks This question allows students to show understanding of interrelationship between law, justice, and society. It is suggested that the concepts in the course material and World Justice Project factors such as: Constraints on Government Powers, Absence of Corruption, Fundamental Rights, Order and Security, Regulatory Enforcement and Civil Justice should be considered in answering this question. World Justice Project Does not require referencing. 2. Give the number and wording of the section of the Australian Constitution that was used unsuccessfully in the Federal Court and then also of the one successfully used in the High Court. 0.5 mark Commonwealth of Australia Constitution Act 1900 (Imp) Example: s51 (vii) lighthouses, lightships, beacons and buoys 3. The Civil Aviation Safety Regulations (Cth)) are referred to at (1:09). Explain in your own words what Regulations are and how they are made. 1 mark I think you can work on this yourself. 4. Dennis says that this airport expansion has ‘every level of government’ involved (37m). Give one example for each level of government of an area they would be involved in for an airport development. 1.5 marks Local – State – Federal – EP EPHUMA147 Law in Australia Assessment 4 Explanatory Notes • 3 Open Foundation 5. At the end of the movie, the comment is made by Dale (Narrator) that Wayne’s “Parole board could not believe their eyes when Mr Hammill walked in” (1.16m). Explain your understanding of the reason for this comment. 1 mark Students should consider issues regarding access to justice. 6. If the case was successful, it could have been called the ‘Kerrigan Decision’. As the movie was set in Victoria, explain what type of precedent this case would establish for the NSW Supreme Court of Appeal. 0.5 mark Your options are binding or persuasive, but you need to also explain your choice. 7. Cite correctly using AGLC4 (using either reported or unreported format) three High Court cases mentioned in The Castle. 1 mark Example: Reported: Commonwealth Bank of Australia v Barker (2104) 253 CLR 169 Unreported: Commonwealth Bank of Australia v Barker [2014] HCA 32 You need to include the 3 citations of your cases in the bibliography. 8. For each of these judicial bodies, briefly explain their jurisdiction and give reasons why they are hearing the Kerrigan’s case and their decision on the case. 1.5 marks For example: The Family Court is a federal court that has jurisdiction over family law matters. This court would have jurisdiction as the case involves divorce and the decision this court made was for the respondent, meaning that Fred’s case was unsuccessful. Do not need to reference. EP EPHUMA147 Law in Australia Assessment 4 Explanatory Notes • 4 Open Foundation 9. Identify and explain two legal factual errors made in the movie. 1 mark Example: In the Rocky Horror Picture Show (1975), events of the movie are meant to take place on “on a late November evening”, however as President Richard Nixon’s resignation speech of August 1974 is live on the radio, there is an error in the time framing of the movie. Please note there are errors in The Castle movie that are much more obvious than this when you have a little legal knowledge. 10 In the High Court case, Darryl Kerrigan was the Appellant. Name and explain who the Appellant was in Chadbourne v Ansell and why they appealed the case. 1 mark This requires an insightful explanation for why the the case was appealed, using your understanding of the doctrine of precedent. Answers stating the reason for appealing was to simply to win the case will not gain marks. 11. Find and cite a real example of the successful use of s 51(xxxi) by the Commonwealth under the Lands Acquisition Act 1989 (Cth) and then briefly describe in your own words what was acquired and why. 2 marks Link is Lands Acquisition Act 1989 (Cth). How do I find cases about this Act? In the right-hand menu, you should see the term NoteUp references. “Noting up” a document means searching for references to that document (the source) in other documents (targets) using a particular aspect of your source document: say a section in legislation, or a citation or the party names for a case. The target is usually references in cases, but depending on your NoteUp method and scope, you may also find references in journal articles (full text or index/citator records), law reform reports, commentary or encyclopedias. How to use: [NoteUp] ‘button’, in an Act’s Table, or in a Section EP EPHUMA147 Law in Australia Assessment 4 Explanatory Notes • 5 Open Foundation Example Salvatore Banno and Antonino Banno v Common2 ACSR 605 (1993) 46 A poultry farm owned by brothers Salvatore and Antonino Banno was compulsorily acquired by the Commonwealth of Australia, for the future construction needs of the proposed Badgery’s Creek airport. You need to include the citation of your case in the bibliography. 12. Darryl made the comment at 1.05 that Australians should “stop stealing other people’s land”. Did the decision in the Mabo case mean that the Federal government cannot use s51 acquire land over which Native Title has been granted? Would they be required to pay compensation? Explain your reason. 2 marks Your answer may require referencing in footnotes and bibliography. Longer Answers 13 In his summing up Lawrence Hammill says (1.14) ‘I can’t speak for those who wrote this document, but I bet when they put in the phrase “on just terms” they hoped it would stop anyone short-changing someone like Darryl Kerrigan’. Should judges try to remain consistent with the original intention of the creators of Acts, or should judges adapt the words to contemporary needs and values? Give reasons and examples for your answer. 4 marks EP EPHUMA147 Law in Australia Assessment 4 Explanatory Notes • 6 Open Foundation Your answer may require referencing in footnotes and Bibliography. 14. Dennis Denuto (53 m) claimed that the Constitution has a ‘vibe” Is there any evidence that he is correct? 4 marks Students should be aware that there are two different types of constitutionally protected rights: express rights and implied rights. This is all the hint you get, however there are High Court cases on this issue. For full marks, evidence needs to include reference to case law. Your answer may require referencing in footnotes and bibliography. 15. Many criticisms have been made of the Australian legal system. These include claims it is too costly; it is not delivered in a timely manner, and it is too complex. Do you think these claims are accurate or not? Give evidence of specific examples to support your answer. 4 marks Evidence cannot be anecdotal, such as “My legal costs for my divorce were really high”! Independent research is needed to find evidence and examples. Students are required to cover the 3 issues for full marks. Your answer may require referencing in footnotes and Bibliography. Footnoting and Bibliography 2 marks. The following legislation and cases, plus any other that are used, should be included in the Bibliography. Civil Aviation Safety Regulations 1998 (Cth) Commonwealth of Australia Constitution Act 1900 (Imp) Lands Acquisition Act 1989 (Cth) Chadbourne v Ansell [1975] WAR