Whatimpactshould technologicaldevelopmentshave

ASSESSMENT INFO

RESEARCH ESSAY

 

QUESTION: 3. What impact should technological developments have on the evolution of the equitable doctrine of breach of confidence in Australia? Critically discuss this question in relation to the development of case law in Australia AND the ALRC’s Report on Serious Invasions of Privacy in the Digital Era.

 

PRESENTATION: Research Essays must be typed in 12 point font and be 1.5 spaced and include footnotes and a bibliography referenced in accordance with the Australian Guide to Legal Citation (3rd, 2010). The use of headings and/or sub-headings in the Research Essay is strongly encouraged. When quoting another person’s words, it is important to use quotation marks (“ ”), cite the source in a footnote and include the source in your bibliography. When referring to another person’s ideas and/or paraphrasing their words, it is necessary to footnote the source and include the source in your bibliography

 

  1. Assessment Criteria The Research Essay will be marked in accordance with the criteria set out below. It is important to understand that not every criteria requires equal attention or is intended to be of equal weighting. The assessment marking rubric can be found on page 12 of the Subject Learning Guide. An A-Grade (80-100) assignment: • presents a clear, coherent and original argument • shows in depth comprehension of relevant concepts, principles and/or doctrine • insightfully responds to the question with reference to such concepts, principles and/or doctrine • critically analyses legislation, case law and/or academic literature relevant to the question • always supports assertions with evidence, reasons and authoritative sources • is well written, structured, researched and referenced • complies with all instructions A B-Grade (70-79) assignment: • presents a clear and coherent argument • shows sound comprehension of relevant concepts, principles and/or doctrine • cogently responds to the question with reference to such concepts, principles and/or doctrine • critically analyses the legislation, case law and/or academic literature relevant to the question, but with less depth and insight than an A-Grade assignment • nearly always supports assertions with evidence, reasons and authoritative sources • is well written, structured, researched and referenced • complies with nearly all instructions A C-Grade (60-69) assignment: • presents an apparent, but not always coherent argument • shows adequate comprehension of the relevant concepts, principles and/or doctrine, but with no major errors of law • adequately responds to the question with reference to such concepts, principles and/or doctrine • superficially analyses the legislation, case law and/or academic literature relevant to the question • mostly supports assertions with evidence, reasons and authoritative sources • is reasonably well written, structured, researched and referenced • complies with most instructions A D-Grade (50-59) assignment: • shows some comprehension of relevant concepts, principles and/or doctrine, even where there are major errors of law • mostly responds to the question with reference to such concepts, principles and/or doctrine • shows some analysis of the legislation, case law and/or academic literature relevant to the question • supports assertions with evidence, reasons and authoritative sources • may not be well written, structured, researched or referenced • may not comply with several important instructions An N-Grade (49 or below) assignment: • does not demonstrate comprehension of relevant concepts, principles and/or doctrine and may contain major errors of law • does not respond adequately to the question • seldom or no critical analysis of the legislation, case law and/or academic literature relevant to the question • does not support assertions with evidence, reasons and authoritative sources • is poorly written, structured, researched and/or referenced • does not comply with most instructions.

 

REFERENCING GUIDE PLEASE FIND HERE:

 

http://www.law.unimelb.edu.au/files/dmfile/FinalOnlinePDF-2012Reprint.pdf

 

 

QUESTION: 3. What impact should technological developments have on the evolution of the equitable doctrine of breach of confidence in Australia? Critically discuss this question in relation to the development of case law in Australia AND the ALRC’s Report on Serious Invasions of Privacy in the Digital Era.

 

BRIEF PLAN:

 

INTRO: Define what is the equitable doctrine of breach of confidence in Australia, discuss the reports status stating that it is in favour of implementing such legislation for serious invasions of privacy.

 

  • Case law is essential!!! I would like to have at least 4 major cases to discuss.
    * I would like to be the Rupert Murdoch phone hacking case which you will be able to see in the in the notes to be a large chunk of discussion.
  • I would also like to talk about the countries that currently have legislation like this that exists once again this is the document and discuss the benefits this has.
  • I would like to discuss how Australia currently doesn’t have any laws in place to protect privacy.
  • Talk about how the world is ever evolving through globalization and that along with the world evolving and the ever expanding growth of social media it is essential that the laws keep going up to date with it.
  • Thoroughly read the report and I am happy to hear any recommendations that you have made that you can add in,
  • The key points are cases that you will need to find throughout the document.p(10)

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